Lisa Marx v. Tara Condominiums: Open Meetings, Records, Insurance, and Direct-versus-Derivative Claims

Arizona Condo Governance | Records and Voting | Direct and Derivative Claims

This condominium-governance case concerns records access, recordkeeping, voting, open meetings, insurance and governing-document changes. The October 6, 2026 ruling dismissed specified claims and allowed specified individual-right theories to proceed. A September order had already recorded withdrawal without prejudice of thirteen summary-judgment motions, including eight featured in the July packet. On October 20 the court denied reconsideration. These procedural rulings do not establish liability on the remaining allegations.

Last reviewed October 26, 2026. Case: Lisa Marx v. Tara Condominiums Association, Inc., Maricopa County Superior Court No. CV2025-012980 (consolidated with CV2025-062973); Hon. Adele Ponce, following earlier rulings by Hon. Randall H. Warner. Latest reviewed ruling: October 20, 2026, filed October 22.

Current-status note: This case guide was checked October 26, 2026, including the October 20 order filed October 22 denying reconsideration without further reasoning. No final disposition of the full case appears in the reviewed orders.

The September 11 order records thirteen summary-judgment motions withdrawn without prejudice, including eight of the nine July 5–21 motions featured here. The July 5 declaration-amendment motion is not listed withdrawn; no merits disposition of it was identified in the reviewed orders. Withdrawal does not decide the underlying claims.

The October 6 final dismissal paragraphs name Count IV/DJ IV, Count V/DJ V and the consolidated fiduciary-duty claim. The analysis treats Count VI as derivative without separately enumerating it there. The court declined to dismiss the challenged open-meeting and insurance-change claims. Records and voting allegations are not findings of liability, and their absence from those dismissal paragraphs does not establish every requested remedy.

The replacement audio and video were reviewed against the public filings and orders. They explain records, voting and participation allegations alongside Tara’s defenses and the actual dismissals. Surviving the pleading challenge is not proof of liability.

Updated record guide: This page was corrected on October 26, 2026 after review of the August 28 and September 11 minute entries and the October 20 reconsideration ruling. An earlier version described all nine featured July summary-judgment motions as pending; eight were withdrawn without prejudice. Withdrawal is not a merits judgment against those claims.

This is a pending-case guide, not a final merits judgment. The October 6 ruling dismissed specified claims and left other theories for further proceedings. Party allegations and proposed orders are not court findings. The replacement audio and video below were reviewed against the public court records through October 26, 2026.

Current case status

The October 6, 2026 ruling granted Tara’s motion for judgment on the pleadings in part: Count IV/DJ IV and Count V/DJ V were dismissed, and the consolidated fiduciary-duty claim was separately dismissed as not valid. The court declined to dismiss the challenged open-meeting and insurance-change claims. Records-access, recordkeeping and voting allegations also appear in the pleadings and were not enumerated in the final dismissal paragraphs. Thirteen summary-judgment motions were withdrawn without prejudice in September; the July 5 declaration motion was not listed withdrawn. The October 20 order denied reconsideration without further explanation. No final disposition of the entire case appears in the reviewed orders.

Case snapshot

Core dispute

An owner seeks enforcement of alleged individual contractual and statutory rights concerning meetings, records inspection, accurate records, voting, insurance and declaration changes. Tara denies unlawful conduct and disputes the available relief.

Latest reviewed orders

October 6: partial judgment on the pleadings. October 20, filed October 22: reconsideration denied without additional reasoning. The case has not been fully resolved in the reviewed orders.

Motion status corrected

The September 11 order records thirteen withdrawals without prejudice. Eight of the nine motions featured from July 5–21 are on that list; the July 5 declaration-amendment motion is not. Withdrawal of a motion is not dismissal of the underlying claim.

Public source packet

The public index contains 218 distinct PDFs and the historical July roadmap. The three added official orders supply the withdrawal and reconsideration updates; the roadmap alone is not a current docket. Loose intake materials remain outside the approved public source set.

Case Dossier

This dossier combines the case metadata, linked court sources, and the explanatory sections below. It distinguishes court rulings from party filings, allegations, and requested relief.

Case Summary

Case ID / citationCV2025-012980
Court / tribunalSuperior Court
Decision / key dateOctober 20, 2026
Judge / panelHon. Randall H. Warner, Hon. Adele Ponce
PartiesLisa Marx, a Tara condominium owner, sued Tara Condominiums Association over alleged open-meeting, records, insurance, common-element, voting, and declaration/bylaw violations.
Governing law
Topics
Meetings & RecordsBoard GovernanceCC&RsRecords RequestsProcedureAttorney Fees
Outcome / holding

The October 6, 2026 ruling granted judgment on the pleadings in part: Count IV/DJ IV and Count V/DJ V were expressly dismissed, as was the consolidated fiduciary-duty claim. The court declined to dismiss the challenged open-meeting and insurance-change claims; it discussed Count VI as derivative but did not separately name it in the final dismissal paragraphs. Records-access, recordkeeping and voting counts are not enumerated there. The October 20 reconsideration denial adds no reasoning or additional claim disposition.

Primary public sourceView hosted source opinion/order

Parties, Court, and Research Coverage

Reviewed source package218 PDFs, 1 other source file
Step-by-step docket roadmapNo separate litigation roadmap table on this page
Video overviewMarx v. Tara: records, voting and October 2026 rulings
Study / briefing material1 section
FAQ / homeowner questions8 questions
Featured download links33 download links

Key Issues & Findings

Case Summary

Lisa Marx, a self-represented condominium owner, challenges Tara Condominiums Association over alleged records-access, recordkeeping, voting, meeting, insurance and governing-document violations in CV2025-012980, consolidated with CV2025-062973. The operative Second Amended Complaint alleges individual participation and property-related harm; Tara denies wrongdoing and liability. On October 6, 2026, Judge Adele Ponce dismissed Count IV/DJ IV and Count V/DJ V and separately dismissed the consolidated fiduciary-duty claim, while declining to dismiss challenged open-meeting and insurance-change claims. The analysis treats Count VI as derivative without separately naming it in the final dismissal paragraphs. A September order had recorded thirteen summary-judgment motions withdrawn without prejudice, including eight of nine featured July motions; the July 5 declaration motion was not on that list. The October 20 order denied reconsideration without further reasoning. The reviewed orders do not finally resolve the entire case.

Key Issues & Findings

The court distinguished harm to the association or another owner from an individual owner’s statutory and contractual participation rights and personally borne insurance costs. It found no particularized injury for the dismissed unit-boundary/upkeep theories, but did not extend Iqtunheimr to extinguish individual procedural claims merely because a decision affected all owners. Technical violations, prejudice and later ratification remained reserved. The fiduciary-duty claim was separately held not valid under Rohde. None of this establishes the truth or remedy of every overlapping records, voting or governance allegation.

Why It Matters

This pending case illustrates the need to distinguish a pleaded member-right injury, a derivative claim, a withdrawn motion and a merits judgment. Records inspection, accurate records, voting, meeting procedure and an owner’s insurance obligations deserve separate attention rather than treating the whole dispute as a disagreement over collective spending. The exact ordering paragraphs and later withdrawal/reconsideration orders control the status described here.

Case Participants

Petitioner Side

  • Lisa Marx (Plaintiff)
    Self-represented condominium owner plaintiff.

Respondent Side

  • Tara Condominiums Association, Inc. (Defendant)
    Association party named in Marx’s condominium-governance claims.
  • Mark Gottmann (Former individual defendant)
    Tara Condominiums Association
    Dismissed by the July 31, 2025 ruling; the association remained a defendant.
  • Dennis Anderson (Former individual defendant)
    Tara Condominiums Association
    Dismissed by the July 31, 2025 ruling; the association remained a defendant.
  • Charles H. Oldham (Counsel)
    CHDB Law LLP
    Counsel served by Marx in the case filings.
  • Ari Bowhay (Counsel)
    CHDB Law LLP
    Counsel served by Marx in the case filings.

Neutral Parties

  • Randall H. Warner (Judge)
    Superior Court judge listed in the amended complaint and orders.
  • Adele Ponce (Judge)
    Later Superior Court judge listed in the case metadata.

Video: claims, defenses and the October rulings

This updated overview explains the records, voting and participation allegations, Tara’s defenses, the claims expressly dismissed and the insurance challenge allowed to proceed. It distinguishes Count VI’s analysis from the final ordering paragraphs. The court’s filings and orders control.

Synthetic narration generated with Google NotebookLM; source-based slides reviewed separately. Educational information, not legal advice.

Listen: the broader case and what the rulings mean

The replacement discussion covers individual member rights, the derivative-action defense, the earlier adverse rulings, the distinct insurance theories and the September motion withdrawals. Surviving a pleading challenge does not prove liability.

Synthetic voices generated with Google NotebookLM. Reviewed against the public court record; educational information, not legal advice.

What the record shows

Marx’s September 15, 2025 Second Amended Complaint asserts overlapping contract, statutory and declaratory theories. It alleges personal losses of participation, voting and inspection rights, monetary and property-value harm, and interference with property enjoyment. Those are pleaded allegations, not findings that she proved each injury.

The dispute is broader than roof repairs or master-policy spending. Count II concerns access to non-exempt association records; Count VII concerns maintaining accurate minutes and records of actions; Count VIII concerns printed ballots, ballot-return information and in-person voting. Counts I and III challenge notice, meetings, discussion, votes and authorization under the declaration and open-meeting statute. The same events sometimes support more than one theory, which does not make every theory equally viable.

A separate insurance/declaration dispute, CV2025-062973, was consolidated, and its complaint was treated as a Rule 15(d) supplemental pleading in March 2026. The public first amended filing describes challenged amendments, ballot inspection and a transfer of insurance responsibilities to owners. Tara’s March 30 response admits that amendments were approved, a vote occurred and the prior master policy expired, while denying unlawful conduct, injury and liability and asserting procedural and substantive defenses.

The July filings requested partial summary judgment on grouped issues. Later official orders changed that posture: the court directed withdrawal of fourteen motions, and the September 11 order listed thirteen withdrawn without prejudice. The July motion papers remain useful descriptions of Marx’s arguments, but eight of the nine featured July motions are no longer awaiting decision as filed.

Records, voting and participation are distinct issues

Inspection of records — Count II

Marx alleges that non-exempt financial, contract and governance records were withheld or delayed under A.R.S. § 33-1258. Tara’s May 27 motion expressly excludes Count II and its declaratory counterpart, while reserving defenses. The October 6 final dismissal paragraphs do not name this count.

Keeping records — Count VII

Marx separately alleges inaccurate minutes and missing records of association actions under A.R.S. § 10-11601. Tara’s May 27 motion expressly does not seek judgment on Count VII or its declaratory counterpart. The July 10 motion addressing two such allegations was later withdrawn without prejudice, without a merits ruling.

Voting — Count VIII

Marx alleges denial of printed ballot materials, omitted ballot-return information and loss of in-person voting under A.R.S. § 33-1250. Tara’s May 27 motion expressly excludes Count VIII and its declaratory counterpart while reserving defenses. The October 6 final dismissal paragraphs do not name this count.

Meetings and notice — Counts I and III

Marx challenges decisions allegedly made without required notice, an agenda, discussion, a vote or open proceedings. The October 6 court declined to dismiss the challenged participation-right theories, while reserving technical-violation, prejudice and later-ratification questions. No automatic victory on the merits follows.

What the court has already done

Preliminary injunction denied

In the June 24, 2025 order filed June 25, the court denied preliminary relief. It observed that certain board actions should have required a vote but did not find the necessary irreparable harm; it also rejected or found premature other requests. This was an interim-relief ruling, not a final decision of every claim.

Association derivative motion denied

The separate June 24 order filed June 26 denied Tara’s first derivative-claim dismissal motion as then framed, while limiting damages to harm Marx herself suffered and could prove. The October 2026 ruling later considered newer appellate authority and the operative pleadings.

Individual directors dismissed

The July 31, 2025 ruling dismissed Mark Gottmann and Dennis Anderson, distinguishing association obligations from personal liability claims against board members.

Discovery ruling postponed

The July 16, 2026 minute entry granted Tara’s request to postpone the Colby discovery ruling until after the Rule 12(c) motion was decided. It did not itself decide Rule 12(c), the merits, or Marx’s July summary-judgment motions.

Judgment on the pleadings granted in part

The October 6, 2026 ruling (Hon. Adele Ponce) applied the 2026 Iqtunheimr decision and dismissed Count IV/DJ IV (unit boundaries) and Count V/DJ V (upkeep) as derivative, and dismissed the consolidated breach-of-fiduciary-duty claim. It declined to dismiss the open-meeting claims (Counts I and III) and the insurance-cancellation claims, holding those are direct, not derivative.

Summary-judgment motions withdrawn

Following the August 28 direction, the September 11 order recorded thirteen withdrawals without prejudice. It did not grant Tara judgment on the underlying claims or decide the declaration-amendment motion.

Reconsideration denied

The October 20 order, filed October 22, denied Marx’s October 13 motion for reconsideration. It gives no further reasoning and identifies no additional claims for dismissal.

The Rule 12(c) motion and the Colby discovery stay

Tara’s May 27, 2026 motion for judgment on the pleadings argues that community-wide claims over common property, association funds, insurance, and governance belong to the association and must satisfy derivative-action requirements.

The scope of Tara’s motion matters. Section IV.C, pages 13–14, expressly excludes the records-inspection and voting counts, personal subsets of Counts I and III, and personal inspection rights in the supplemental pleading, while reserving defenses. It also does not seek judgment on the corporate-records counts. The motion therefore does not ask the court to dispose of the entire case.

Marx’s June 2, 2026 opposition accepts that Iqtunheimr is published Arizona authority, but argues it decided only a common-area maintenance derivative claim and does not convert open-meeting, notice, voting, records, insurance-accounting, or declaration-amendment claims into derivative claims.

The same June 2 packet opposed Tara’s request to stay the pending Colby Management discovery dispute. Marx argued that the subpoenaed Colby materials go to direct claims already recognized by the June 26, 2025 ruling.

The court later granted Tara’s stay request in a July 16, 2026 minute entry, reasoning that deciding Rule 12(c) first could promote efficiency and might make the discovery request moot. The court said it would address Marx’s pending discovery issues after the Rule 12(c) ruling.

The October 6 ruling decided the Rule 12(c) motion in part. The October 20 order then denied reconsideration. The reviewed later orders do not resolve the separate Colby discovery dispute; the July stay should not be described as a merits denial of discovery.

The June packet’s two proposed orders remain only proposed forms of relief. They are not signed rulings.

The October 6, 2026 ruling on judgment on the pleadings

On October 6, 2026 (minute entry filed October 12, 2026), Hon. Adele Ponce ruled on Tara’s motion for judgment on the pleadings and granted it in part. The court first denied Marx’s motion to file a sur-reply, adding that the sur-reply would not have changed the result.

The ruling applies Iqtunheimr, LLC v. Val Vista Lakes Community Association, 586 P.3d 1081 (Ariz. App. 2026), which distinguishes an injury belonging to the association from an injury to an individual owner. A derivative action enforces a corporate claim and has separate standing and demand requirements. That does not prevent every individual claim involving the same subject matter.

Applying that framework, the court dismissed the claims it found derivative and let the individual-right claims proceed. It dismissed Count IV and Declaratory Judgment Count IV (unit boundaries, A.R.S. § 33-1212) and Count V and Declaratory Judgment Count V (upkeep, A.R.S. § 33-1247), reasoning that they concern a roof-repair assessment against a different owner and master-policy claims for unit damage—harm to the association or to another owner, not a particularized injury to Marx. In its analysis the court also agreed that Count VI (insurance, A.R.S. § 33-1253) alleging improper master-policy claims is derivative, though the court’s ordering paragraph enumerated only Counts IV and V and the fiduciary-duty claim.

The court declined to dismiss Marx’s open-meeting claims. It held that Counts I and III, and their declaratory counterparts, which allege violations of open-meeting requirements in the declaration and statutes, are not automatically derivative just because every owner was similarly affected; Marx clarified she seeks only to vindicate her own participation rights, to invalidate actions improperly taken, and to recover costs she personally bore. The court noted it will still need to consider whether any proven violation was merely technical and whether later board action ratified the challenged decisions.

The court also declined to dismiss the consolidated insurance-change claims at this stage. Marx challenges an amendment of governing documents that ended master-policy coverage for portions of units and alleges she must now pay for replacement coverage. The court treated the alleged insurance cost as distributed among individual holders. It separately dismissed the consolidated breach-of-fiduciary-duty claim as not valid under Rohde v. Beztak of Arizona.

The final ordering paragraphs expressly dismiss Count IV/DJ IV, Count V/DJ V, and the consolidated fiduciary-duty claim. Although the analysis describes Count VI as derivative, those paragraphs do not separately name Count VI. Counts II (inspection), VII (corporate records) and VIII (voting) are discussed in the complaint summary but not named in the final dismissal paragraphs. Neither that omission nor the survival of Counts I and III decides the truth, remedy or ultimate viability of every overlapping allegation. The October 20 reconsideration denial does not supply a new explanation or additional disposition.

What the October 6, 2026 ruling decided, claim by claim

Count IV & DJ IV — unit boundaries (A.R.S. § 33-1212)

Another owner’s roof-repair assessment and unit-damage master-policy claims. Count IV/DJ IV was expressly dismissed: the court found Marx lacked standing for the other owner’s assessment and no particularized injury for these pleaded theories. The complaint alleges personal harm elsewhere; this ruling concerns these specific acts and theories.

Count V & DJ V — upkeep (A.R.S. § 33-1247)

Common-element upkeep and the repeated assessment/master-policy allegations. Count V/DJ V was expressly dismissed as derivative because the court found no particularized harm for those pleaded theories. That is not a finding that the entire complaint contains no allegations of personal injury.

Count VI & DJ VI — insurance (A.R.S. §§ 33-1253, 33-1254)

Improper master-policy claims said to raise premiums. The analysis describes the theory as derivative; the final ordering paragraphs do not separately name Count VI/DJ VI among the dismissed counts.

Counts I & III and DJ I/III — open meetings / declaration (A.R.S. § 33-1248)

Participation, notice, meetings and votes concerning association decisions. The court declined to dismiss the challenged individual-right theories at this pleading stage. Technical violations, prejudice and potential later ratification remained reserved; no liability finding followed.

Counts II, VII and VIII, and related declaratory requests

Records inspection, accurate minutes and records of actions, and ballot information/voting opportunities. Tara’s specified motion did not seek judgment on these counts, and the final dismissal paragraphs do not name them. This does not establish every allegation or requested remedy.

Consolidated insurance-cancellation claims (CV2025-062973)

A governing-document amendment ending portions of master-policy coverage and shifting insurance costs to owners. The court declined dismissal because the alleged cost was distributed among individual holders. It did not decide the amendment invalid or award damages.

Breach of fiduciary duty (consolidated)

A fiduciary-duty claim against the association. The court separately dismissed it as not a valid claim under Rohde v. Beztak, rather than applying the IV/V derivative-claim reasoning to this claim.

Marx's motion to file a sur-reply

A request to add further briefing. Denied; the court noted that considering the proposed sur-reply would not have changed its ruling.

October 13 motion for reconsideration

A request to reconsider the October ruling. Denied October 20, filed October 22, without further reasoning or any additional claim disposition.

September withdrawals and the latest reconsideration order

The August 28, 2026 trial-setting conference minute entry directed withdrawal of fourteen partial-summary-judgment motions or they would be denied as moot. The September 11 order, filed September 17, then recorded thirteen motions withdrawn without prejudice in response to Marx’s September 2 notice. Eight are from the nine-motion July 5–21 group summarized below; five were filed from July 24 through August 2. The order states that the court will take no further action on the withdrawn motions.

The July 5 motion concerning the 2025 declaration amendment is not on that withdrawal list. The September order’s introductory description expressly distinguishes the fully briefed declaration motion. None of the reviewed orders decides that motion on its merits. The absence of that disposition is a limit of the reviewed record, not a prediction of the outcome.

On October 20, in a minute entry filed October 22, the court denied Marx’s October 13 motion for reconsideration. The one-page order provides no further reasoning. The docket checked October 26 also lists an October 16 clarification motion and Marx’s response; their contents and any later resolution have not been incorporated here.

These distinctions matter: a withdrawn motion is not a judgment against the underlying claim; a claim surviving Rule 12(c) is not a finding of liability; and an analytical discussion of a count is not a substitute for the final ordering paragraphs.

What the June 2026 response packet adds

Rule 12(c) opposition

Marx argues her claims seek direct relief for her own Condominium Act, declaration, voting, inspection, and fair-administration rights, not recovery of association funds or generalized damages for all units.

Colby discovery stay opposition

Marx argued the court should not pause her motion to compel Colby Management records. The court later granted Tara’s stay request, leaving the discovery issues for after the Rule 12(c) ruling.

Claim organization exhibit

Exhibit D is Marx’s organizational aid. It asserts that 89 of 103 listed claim paragraphs are open-meeting violations and that Tara’s motion targets 60 open-meeting items.

Proposed orders

The proposed orders asked the court to deny Rule 12(c) and the discovery stay. They are not rulings; the July 16 minute entry instead granted the stay request.

June 2026 filings added to the record guide

DateDocumentWhat it addsDownload
June 2, 2026Plaintiff’s response opposing stay of Colby Management productionArgues the Colby subpoena remains relevant to direct claims and should not be paused while Tara’s Rule 12(c) motion is pending.Response opposing Colby stay
June 2, 2026Plaintiff’s opposition to Tara’s Rule 12(c) motionArgues Iqtunheimr does not eliminate direct member-right claims over open meetings, voting, records, insurance accounting, declaration amendments, or individualized statutory relief.Rule 12(c) opposition
June 2, 2026Exhibit D – Organization of Claims for PresentationOrganizes 103 claim paragraphs for presentation. Treat this as plaintiff’s categorization aid, not an independent court finding.Claim organization exhibit
June 2, 2026Proposed order denying Tara’s Rule 12(c) motionProposed form of relief that would deny judgment on the pleadings or, alternatively, narrow relief/allow amendment rather than dismiss with prejudice.Proposed Rule 12(c) order
June 2, 2026Proposed order denying Tara’s motion to stay Colby discovery rulingProposed form of relief that would deny the stay and leave the pending Colby motion to compel for ordinary-course decision.Proposed Colby stay order

The July 2026 motion packet and its later withdrawals

The earlier public packet contains nine partial-summary-judgment motions filed July 5–21, 2026, with supporting statements, declarations and exhibit indexes. They divide the dispute into claim groups rather than seek judgment on the whole case. The later September 11 order records withdrawal without prejudice of eight of those nine motions; it does not list the July 5 declaration-amendment motion.

The table below preserves the history of what Marx asked the court to decide, with the later status made explicit. Party arguments and descriptions of evidence do not establish a legal violation. Withdrawal of these motions did not dismiss the underlying pleaded claims or adjudicate them for either side.

The exhibit notices and master index are public below. The 71 loose exhibit copies delivered with this update were reviewed for context but are not republished here because many are discovery or Bates-labeled materials containing private identifiers, and their status as public docket attachments was not independently established.

What the July motions argued, and what happened next

FiledClaim groupPlaintiff's theoryEvidence map in the packetMotionLater status
July 52025 declaration amendmentMarx argues the recorded amendment improperly shifted property-insurance duties, changed unit or common-element burdens without the required consent, used an invalid written-consent process, and imposed an unforeseeable covenant burden.Original and recorded declarations, amendment materials, written-consent and vote communications, Tara’s March response, and insurance/cancellation records.Amendment motionNot listed withdrawn in the September 11 order; no merits disposition identified in the reviewed orders.
July 10Claims 120 and 121Marx argues Tara failed to keep accurate June 2024 minutes and records of actions taken without a meeting, contrary to A.R.S. § 10-11601.Meeting notice, minutes, audio/transcript, later minutes and emails, financial records, discovery responses, and the Marx declaration.Corporate-records motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 11Claims 46/91, 42/87/127, 98/126Marx challenges a master-policy deductible increase, adoption of the 2025 budget and assessment by mail-only ballot, and ballot access or timing.Governing documents, insurance renewals and minutes, budget records, ballots, vote results, owner communications, and objections.Insurance, budget, and ballot motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 13Claims 30/47/74/103/108, 48/92Marx argues the chair negotiated roof-repair cost allocation before an authorized vote, shifted a common-element cost without owner culpability, and released a repair lien without full payment or proper approval.Governing documents, roof-repair affidavit and communications, notices and minutes, financial records, lien documents, and executive-session materials.Roof and lien motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 16Claims 26/70, 27/71, 28/72, 29/73, 43/88Marx challenges a reserve transfer, restrictions on correcting minutes, workers’ compensation coverage, Bermuda-grass spending, and a lighting reimbursement as actions lacking an open board vote.Financials, notices, minutes and audio, policy records, seed invoices, vouchers, and the Marx declaration.Reserve, minutes, policy, and spending motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 16Claims 23/67, 24/68, 25/69, 33/34/77/78, 49/93Marx challenges officer and director appointments, dissolution of a landscaping committee, and creation or enforcement of a two-minute owner-comment rule.Bylaws, executive-session and open-meeting records, announcements, emails, admissions, audio/transcripts, and the Marx declaration.Appointments and speaking-rule motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 19Claims 32/76, 39/84, 83, 44/89Marx challenges common-area work, a Home Depot purchase, creation and funding of a second bank account, and tree work outside the landscaping contract as actions taken without a majority vote in an open meeting.Executive-session material, meetings, newsletters, affidavits/photos, records requests, vouchers, financials, bank records, and landscaping contracts.Landscaping and spending motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 20Claims 31/75, 35/79, 36/80, 37/81, 38/82, 45/90Marx challenges sprinkler-trench work, retention and payment of association counsel, retroactive approval or preauthorization of work, and an association payment to Marx.Work photos and affidavit, counsel engagement and invoices, financials, meeting records, demand/payment materials, and the Marx declaration.Common-area work and legal-expense motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.
July 21Claims 40/85, 41/86, 51/95, 53/97Marx challenges off-record budget development, the board chair’s role in budget-committee meetings and membership, and landscaping or maintenance work and spending without a vote.Executive and budget-committee records, audio/transcripts, competing budgets, emails, agreements, vouchers, bank statements, photos, and 2026 budget materials.Budget-committee and maintenance motionWithdrawn without prejudice, as recorded in the September 11 order; no merits decision on this motion.

How the July packet was incorporated

Docket-verified motion dates

The docket confirms the filings; the September 11 order supplies the later withdrawal status. Historical filing dates alone do not prove motions remain pending.

Party evidence is attributed

Separate statements and declarations explain what Marx says the evidence proves. The page does not convert those assertions into judicial findings.

Unsigned orders are not rulings

The intake contained nine distinct unsigned proposed orders, including an editable Count VII form. None is presented or indexed as an entered court order.

Loose exhibits remain off-page

The master index and filing notices show the exhibit structure. Loose discovery, financial, insurance, correspondence, affidavit, contract, and image copies remain outside the public download set pending privacy and public-status review.

Timeline highlights

DateEventWhy it matters
April 2025Original complaint packet begins the CV2025-012980 record.The initial claims focused heavily on open meetings, board authority, records, committee action, and association governance.
June 23, 2025The court held an evidentiary hearing on preliminary injunctive relief.The hearing created the record for the June 2025 emergency-relief ruling.
June 24, 2025 (filed June 25)The court denied the motion for preliminary injunction.The ruling matters because it separates alleged procedural defects from the emergency showing needed for immediate injunctive relief.
June 24, 2025 (filed June 26)The court denied Tara’s partial motion to dismiss association claims as derivative.This is the key early ruling treating the claims against the association as member-right claims rather than derivative claims, at least for that motion.
July 31, 2025The court dismissed Mark Gottmann and Dennis Anderson.The ruling draws a line between claims against the association and personal liability theories against individual directors.
October 2025The record includes emergency TRO filings over master insurance, amendments, and owner insurance obligations.The case expanded from meeting and records issues into insurance/amendment governance disputes.
March 30, 2026Tara responded to Marx’s Rule 15(d) supplemental complaint.The response acknowledges the amendment vote and expiration of the prior property policy while denying illegality and asserting defenses.
May 27, 2026Tara filed a motion for judgment on the pleadings.The motion asks the court to treat many community-wide claims as derivative after newer Arizona appellate authority.
June 2, 2026Marx filed opposition papers and proposed orders addressing the Rule 12(c) motion and the Colby discovery stay.These were Marx’s arguments opposing Rule 12(c) and a discovery stay. Later July, September and October orders must be read alongside them.
July 5-21, 2026Marx filed nine partial-summary-judgment motions on grouped claims.These papers explain the requested partial relief. Eight of these nine motions were later withdrawn without prejudice; the declaration-amendment motion was not on the withdrawal list.
July 16, 2026 (filed July 20)The court granted Tara’s request to postpone the Colby discovery ruling.The court will address the discovery issues after deciding Rule 12(c); the order does not resolve Rule 12(c) or the merits.
August 28, 2026 (filed September 2)The court directed withdrawal of fourteen partial-summary-judgment motions or they would be denied as moot.A case-management direction, not a merits adjudication of each underlying claim.
September 11, 2026 (filed September 17)The court recorded thirteen motions withdrawn without prejudice.Eight of the featured July motions were withdrawn. The July 5 declaration-amendment motion was not on the list.
October 6, 2026 (filed October 12)The court granted Tara’s motion for judgment on the pleadings in part.The court dismissed the unit-boundary and upkeep claims under Iqtunheimr, and separately dismissed the fiduciary-duty claim as not a valid claim. The open-meeting and insurance-cancellation claims may proceed; the case remains pending.
October 20, 2026 (filed October 22)The court denied the October 13 reconsideration motion.The one-page order adds no reasoning or additional claim disposition.

Curated document roadmap

The complete source index below lists the reviewed public files. This earlier document-by-document roadmap preserves the chronology, document type, and stated case relevance supplied with the original packet so readers can understand how the pre-July materials fit together.

The separate July motion map above covers the new 2026 summary-judgment filings. This earlier roadmap intentionally excludes drafts that were not confirmed as part of the court record.

Reference numbers in the final column come from the supplied roadmap. They are not legal findings, and the linked court filings and orders remain the controlling sources.

Earlier document-by-document roadmap

DateDocumentTypeHow it fits the caseRoadmap refs
February 19, 1970Declaration of Restrictions, Establishment of Board of Management and Lien RightsCC&RsFoundational governing document defining common elements, board authority, maintenance, lien, and insurance duties. Marx uses it as the contract source for alleged breaches involving board authority, maintenance, and building-structure insurance.1-7
March 29, 2022CC&R Amendment Update from the Arizona Supreme Court – CHDB LawArticle / newsKalway-related legal analysis used by Marx to argue that the 2025 insurance amendments were not reasonable or foreseeable enough to bind owners.8
July 31, 2023Homeowner Tara COA July 2023 FinancialsFinancial statementHistorical association financial record used as a comparison point for later disputed budget, insurance, and expense decisions.7
January 11, 2024Organizational Meeting MinutesMeeting minutesBoard organizational minutes. Marx cites them to show board-position decisions, knowledge of meeting requirements, and alleged inaccuracies about leadership and procedure.9, 10
January 20, 2024January 20, 2024 Board Meeting MinutesMeeting minutesDocuments committee-volunteer discussion and the Landscaping Committee, which Marx later uses to challenge the committee’s dissolution and her removal.7, 9
January 30, 2024Trench on Newcastle done by Mark and DennisEvidence / reportMaintenance-work documentation used to support claims that individual board members acted unilaterally or performed unauthorized maintenance work.7
February 1, 2024Email removing Lisa from committees and dissolving themEmailEvidence that Marx was removed from the Landscaping Committee and committees were dissolved, supporting alleged open-meeting violations and selective targeting.7, 10
February 5, 2024Email announcing new board memberEmailAnnouncement of a new board member without a recorded open board vote, supporting the A.R.S. § 33-1248 board-action theory.7, 11
February 5, 2024Gmail – Claim Message from USAAEmailInsurance-claim correspondence used to support allegations about improper insurance handling and board-member maintenance involvement.7
February 17, 2024February 17, 2024 Board Meeting MinutesMeeting minutesMinutes reflecting discussion and speaking limits. Marx alleges those rules were used selectively and that board-membership status was misdocumented.7, 9
March 16, 2024March 16, 2024 Board Meeting MinutesMeeting minutesMinutes referencing a workers-comp policy and Bermuda-grass plan, cited as examples of alleged unilateral chair action without open meeting votes.7, 9
March 17, 2024Spring newsletter 3-17-24NewsletterAssociation communication to residents, used as evidence of public board statements and owner-facing messaging.7
May 27, 2024Dennis working on the shuttersEvidence / reportDocumentation of Dennis Anderson performing maintenance work, supporting allegations that board members acted outside authorized roles.7
June 15, 2024June 15, 2024 Tara Board Meeting MinutesMeeting minutesProcedural record of board actions during summer 2024.7
July 2, 2024DAnderson 07 02 24 Expense VoucherExpense voucherFinancial record used to test whether board-member reimbursement and expenditures were properly authorized.7
July 16, 202407 16 24 Letter to Lisa Marx re Petition ResponseLetterAssociation correspondence to Marx about a petition, part of the pre-litigation governance-dispute history.7
July 23, 2024American Family Master Insurance Policy Invoice Voucher 2024 2025Financial documentShows prior master-insurance cost and coverage before the disputed 2025 insurance amendments and policy changes.7
July 27, 2024July 27 2024 Tara Board Meeting MinutesMeeting minutesProcedural record of board actions and decisions.7
July 31, 2024Travis Law Firm July Inv VoucherInvoice voucherLegal-fee invoice used to support claims about association legal spending and approval procedure.7
August 29, 2024Travis Law Firm August 2024 Invoice VoucherInvoice voucherAdditional legal-fee record used in the unauthorized-expenditure and approval-procedure theory.7
November 1, 20242025 Tara Condominiums Budget LetterBudget letterBoard letter recommending a $50 assessment increase due to insurance, sewer, and legal-fee increases; part of the financial buildup to the insurance dispute.12
November 3, 2024Issues regarding the 2025 Budget VoteEmailMarx email arguing that the budget-vote process violated statute, used to show an earlier voting-procedure objection.13
April 11, 2025Civil Complaint for Breach of ContractComplaintOriginal filing against the association and individual board members, opening the litigation and asserting governance and CC&R breach theories.14-16
April 14, 2025Minute Entry Denying TROCourt orderEarly ruling denying temporary restraining relief because emergency TRO requirements were not met.17
April 16, 2025Amended Emergency Orders: TRO and Temporary Injunctive ReliefMotion for injunctive reliefRequest to preserve declaration and insurance status quo while the case proceeded.18, 19
May 28, 2025Association’s Partial Motion to DismissMotionAssociation argued many claims were derivative and Marx lacked individual standing to pursue community-wide harms.20
June 4, 2025Responsive Memorandum to Association’s Partial Motion to DismissResponsive memorandumMarx opposed dismissal by arguing the claims asserted direct individual harms and member-right violations.14-16
June 6, 2025Reply to Response to Request for TRO and Injunctive ReliefReply memorandumReply supporting emergency relief and addressing alleged service-delay and response-timing issues.18
June 26, 2025Minute Entry – Claim not DerivativeCourt orderKey early ruling treating Marx’s claims against the association as direct member-right claims rather than derivative claims for that motion.21, 22
July 15, 2025Motion to Dismiss Defendants Mark Gottmann and Dennis AndersonMotionIndividual board members sought dismissal based on director protections and lack of personal liability.23
July 20, 2025Response Memorandum to Motion to Dismiss Individual DefendantsResponsive memorandumMarx opposed dismissal by arguing Gottmann and Anderson acted in bad faith and outside their authority.14, 24, 25
July 25, 2025Minute entry order to file amended complaintCourt orderOrder requiring a more definite statement, leading to amended pleadings.26
July 31, 2025Ruling dismissing Mark and DennisCourt orderDismissed individual defendants, creating a major procedural setback for the personal-liability claims.27, 28
August 6, 2025Travis Law Firm Budget Letter / Proposing AmendmentsBudget letter / letterCounsel letter explaining proposed amendments to shift insurance responsibilities to owners, initiating the core insurance-amendment dispute.4-6, 29-31
August 10, 2025Motion for Partial Reconsideration of July 31, 2025 RulingMotionMarx sought reconsideration of the dismissal of the individual board members.32
August 11, 2025Exhibit N Cert of Ins for 25 26Certificate of liability insuranceInsurance certificate showing property coverage effective August 1, 2025 to August 1, 2026, used to contrast later claimed coverage changes.6, 33
August 12, 2025Order Denying Motion for reconsiderationCourt orderMaintained dismissal of Gottmann and Anderson.34
August 15, 2025First Amended Complaint (FAC)Amended complaintUpdated pleading reasserting claims and refining the legal counts against the association and directors.2, 14
September 6, 2025Plaintiff’s Initial Rule 26.1 Disclosure StatementDiscovery disclosureMandatory disclosure identifying factual bases, witnesses, and evidence Marx expected to use.35, 36
September 11, 2025Stipulation for Extension of TimeLegal stipulationAgreement extending Marx’s deadline to respond to fee applications; later relevant to arguments about premature fee rulings.28, 37
September 15, 2025Order Denying Motion to Strike ReplyCourt orderDenied Marx’s request to strike Tara’s reply regarding the amended complaint.38
September 15, 2025Second Amended Complaint (SAC)Amended complaintOperative complaint against the association after dismissal of the individual defendants.28, 39-41
September 15, 2025Order on Stipulation to Extend TimeCourt orderGranted an extension to respond to attorney-fee requests.42
September 20, 2025Minutes for a Board Meeting of the Tara Condominiums AssociationMeeting minutesBoard minutes covering approval of the plan to present CC&R amendments for owner vote.43
September 22, 2025Plaintiff’s Motion for Leave to File Third Amended ComplaintMotionMarx sought to reinstate direct claims against individual board members and add alleged post-filing violations.14, 44, 45
September 24, 2025Urgent Concerns on Proposed CC&R AmendmentsEmail / letterMarx letter to owners identifying claimed risks of the proposed amendments, including costs, title, loan, and insurance issues.4, 46
September 25, 2025Meeting needs to be called to turn in ballotsEmailMarx demanded an open meeting for the amendment vote, preserving her objection to the voting process.6, 47
September 27, 2025Proposed Insurance amendments (Board/Owner Emails)EmailCorrespondence framing the association’s justification for the insurance shift and Marx’s objections under statutory and declaration duties.5, 6, 30, 48
September 30, 2025 (filed October 2)Historical fee minute entry — later vacatedCourt orderInitially granted the individual defendants’ fee/cost application and denied Marx’s motion to vacate. The October 3 order, filed October 7, vacated this minute entry as premature. The October 15 ruling ultimately allowed $13.40 in costs only on that application.49
October 1, 2025Initial individual-defendant fee judgment — supersededCourt orderThe initial judgment stated $5,957.70 in fees plus $13.40 costs. The court then vacated its September 30 fee minute entry as premature on October 3, filed October 7. Its October 15 ruling rejected attorneys’ fees for those dismissed individuals on this application and allowed only $13.40 costs; the modified signed judgment reflects that result.28, 49, 50
October 3, 2025 (filed October 7)Fee minute entry vacatedCourt orderThe court acknowledged that it granted the fee request prematurely under the parties’ stipulation and vacated the September 30 minute entry. It separately denied the September 7 motion to vacate and did not revive the dismissed individual defendants.Later court order
October 5, 2025Plaintiff’s Motion for Preliminary and Permanent InjunctionMotionAttempt to block implementation of proposed amendments based on alleged statutory and declaration violations.6, 51
October 9, 2025Motion for Expedited HearingMotionRequest for a hearing within five days before the amendment-vote deadline.31, 52, 53
October 14, 2025 (filed October 15)Historical scheduling orderCourt orderSet Tier 2 deadlines and an August 6, 2026 trial-setting conference. Section 7 records the parties’ proposed trial target of no later than September 14, 2026; it does not set trial on that date. Later conference orders superseded the scheduling history, and the August 28, 2026 minute entry says trial would not be set until pending motions were addressed.54
October 15, 2025 (minute entry filed October 17)Individual-defendant costs ruling and modified judgmentCourt orderOn the September 4 application, the court found the cited CC&Rs did not authorize attorneys’ fees for Gottmann and Anderson. It granted $13.40 costs only and entered a modified Rule 54(b) judgment, leaving the association claims to continue. This addresses that application, not every potential fee question in the case.Later court order
October 15, 2025Action by Written ConsentVoting formOwner written-consent form used for three proposed declaration amendments.55
October 17, 2025Amendment to Declaration of RestrictionsRecorded amendmentRecorded amendment No. 2025-0605584 shifting insurance responsibility to owners; Marx challenges its validity.31, 56, 57
October 18, 2025Results of Tara CC&R amendment voteEmailAnnouncement that amendments passed and owners had to obtain insurance by November 15, 2025.58, 59
October 22, 2025Stipulation to Continue Case DeadlinesLegal stipulationJoint extension of deadlines due to Marx’s medical hospitalization.60
October 26, 2025Meeting to view ballots (Transcript)TranscriptTranscript in which Gottmann allegedly refused to show owner signatures or vote choices, supporting A.R.S. § 33-1258 inspection-right claims.61, 62
October 29, 2025Emergency Motion for Temporary Restraining OrderMotionEmergency request to stop cancellation of master insurance and implementation of recorded amendments.31, 63
October 30, 20252025 BudgetFinancial documentAssociation budget showing a $50 assessment increase for insurance premiums, part of the financial basis for the amendment dispute.64
October 30, 2025Order Granting Leave to File Reply Out of TimeCourt orderProcedural relief allowing Marx to file a late reply related to the third amended complaint.65
November 6, 2025Plaintiff’s Amended Motion to Set Evidentiary HearingMotionRequest for an evidentiary hearing on the voting process and alleged harm from insurance lapse.66, 67
November 10, 2025Reminder to obtain homeowner insuranceEmailBoard email setting a December 1, 2025 proof-of-structural-insurance deadline.68
November 12, 2025Notice of AppealLegal noticeNotice concerning dismissal of individual defendants and cost/fee issues.69, 70
November 13, 2025Plaintiff’s Reply to Defendant’s Consolidated ResponseMotion / replyReply supporting preliminary-injunction relief based on claimed individualized harm and flawed amendment process.71
November 17, 2025Minute Entry (Dismissing TAC and Injunction)Court orderDenied leave to file the Third Amended Complaint and denied injunction relief, prompting later judge-change efforts.70, 72
November 21, 2025Official Ballot 2026 Budget RatificationBallotBudget ballot showing a proposed $15 assessment decrease after removing association insurance duties.73, 74
November 21, 2025Civil Complaint for Declaratory JudgmentComplaintNew action CV2025-062973 challenging the October 2025 amendments and potential master-policy cancellation.75
November 23, 2025Motion for Change of Judge for CauseMotionMarx sought to remove Judge Warner, leading to reassignment to Judge Adele Ponce.72, 76
November 24, 2025Request for Answers to InterrogatoriesDiscovery requestInterrogatories targeting board decisions and maintenance work to develop the ultra vires theory.11
November 25, 2025Case Reassignment / First Amended Civil ComplaintCourt order / complaintCase reassignment to Judge Ponce and amended pleading in the second insurance-shift action.70, 75, 77-79
December 1, 2025Motion for Reconsideration of Nov 17 Minute EntryMotionMarx asked Judge Ponce to reconsider denial of the third amended complaint and injunction relief.70, 80
December 3, 2025Minute Entry Case ConsolidationCourt orderConsolidated CV2025-062973 with CV2025-012980, folding the insurance-amendment dispute into the main litigation path.81
December 3, 2025Plaintiff’s Motion for Reconsideration of ConsolidationMotionMarx opposed consolidation, arguing the actions involved distinct facts and emergency concerns.82
December 4, 2025Plaintiff’s Motion for Clarification and Expedited HearingMotionChallenge to characterization of the complaint and request for expedited hearing on insurance risk.75
December 5, 2025Joint Notice of Outstanding Motions and HearingsLegal noticeCatalog of pending matters for Judge Ponce after reassignment.70
January 4, 2026Plaintiff’s Response in Opposition to Motion to DismissResponse memorandumOpposition to dismissal of the second action, arguing insurance termination was a new occurrence requiring separate attention.19
January 20, 2026Certificate of Liability Insurance (Master Policy 2025-2026)Insurance certificateCertificate showing liability and D&O coverage but no building property insurance, used as key evidence that buildings became uninsured.83, 84
January 20, 2026Notice of Intent to Serve Amended SubpoenaDiscovery noticeNotice for records subpoena to Colby Management, part of the discovery fight over association records.85
January 30, 2026Supplemental Memorandum in Support of ReconsiderationLegal memorandumFiling using the January 20 insurance certificate as new evidence of claimed statutory insurance violations.83
February 26, 2026Notice of Withdrawal of Motion to CompelLegal noticeProcedural withdrawal of a discovery motion.86
March 16, 2026Minute Entry (Oral Argument and Rule 15d conversion)Court orderConverted the second lawsuit into a Rule 15(d) supplemental-pleading path in the main case.41, 87
May 27, 2026Defendant’s Motion for Judgment on the PleadingsMotionTara’s attempt to dismiss asserted community-wide claims as derivative after newer appellate authority.88
June 2, 2026Plaintiff’s Response in Opposition to Motion to Stay Colby Management DiscoveryResponse memorandumMarx opposes Tara’s request to stay a ruling on the Colby Management subpoena dispute, arguing the requested insurance-claim accounting, communications, checks, and board-directive materials remain relevant to direct claims and that discovery deadlines were approaching.166
June 2, 2026Plaintiff’s Opposition to Defendant’s Motion for Judgment on the PleadingsResponse memorandumMarx argues Iqtunheimr does not convert her open-meeting, notice, voting, records, insurance-accounting, amendment-validity, and individualized statutory-right claims into derivative claims, and asks the court to deny dismissal or narrow relief/allow amendment.167
June 2, 2026Exhibit D – Organization of Claims for PresentationExhibit / organizational aidMarx’s exhibit groups 103 claim paragraphs for presentation, including her assertion that 89 are open-meeting violations and that Tara’s motion targets 60 open-meeting items.168
June 2, 2026Proposed Order Denying Defendant’s Motion for Judgment on the PleadingsProposed orderProposed form of order submitted by Marx. It is not a ruling unless and until the court signs or enters an order.169
June 2, 2026Proposed Order Denying Defendant’s Motion to Stay Ruling on Colby ProductionProposed orderProposed form of order submitted by Marx to deny Tara’s requested stay of the Colby discovery ruling. It is not a court ruling.170
Not dated in CSVPlaintiff’s First Requests for Production of DocumentsDiscovery requestFormal request for insurance, financial, and related records, aimed at evidence about the 2024 insurance claim and policy-rate increases.90
September 10, 2020Marx Warranty DeedDeedWarranty deed conveying Unit 5 to Lisa Marx, establishing her standing as unit owner and association member.2, 91, 92

How to read this case without overclaiming it

  1. Treat interim rulings as interim rulings. The June and July 2025 orders are important, but they do not equal a final merits judgment on every later claim.
  2. Separate association claims from individual-director claims. The uploaded record shows the court was willing to let some claims proceed against the association while dismissing individual board members.
  3. Track the exact injury theory. The direct-versus-derivative question turns on whether the claim seeks to remedy a member’s individual statutory/contractual injury or a generalized association injury.
  4. Do not skip the procedural posture. Preliminary injunction, motion to dismiss, judgment on the pleadings, and final judgment apply different standards.
  5. Use the source index. The upload is large. The normalized roadmap and complete source-document index are the safest way to follow the record in order.

Practical lessons for condo disputes

For owners
  • Tie each claim to the specific statute, declaration section, bylaw, vote, notice, record request, or personal harm.
  • Preserve agendas, minutes, emails, insurance notices, amendment materials, ballots, and records-request correspondence.
  • Do not assume that proving a board process defect automatically proves irreparable harm.
  • Keep direct personal injury theories separate from generalized association harm.
For boards and counsel
  • Document board authorization, open-meeting votes, executive-session limits, and ratification steps.
  • Handle records requests with clear statutory deadlines, production logs, and written explanations.
  • Treat insurance and amendment changes as high-risk governance events requiring clean notices, votes, and member communications.
  • Do not rely on derivative-action arguments without addressing member-right statutes and declaration enforcement language.

Complete source set

Earlier filing roadmap and updated official orders

The public index contains 218 distinct PDFs after adding the August 28, September 11 and October 20 official minute entries. The July 22 roadmap is a historical cross-reference to the earlier packet, not a current list of pending motions. Loose discovery exhibits and unsigned July proposed orders remain outside the approved public source set.

FAQ

Is this case finally decided?

No final disposition of the entire case appears in the reviewed orders. The October 6 ruling dismissed specified claims and allowed specified theories to proceed. The latest reviewed order, dated October 20 and filed October 22, denied reconsideration without further explanation. The docket was checked October 26, 2026.

Did the court say all of Marx's claims are direct claims?

No. The October 6 court dismissed Count IV/DJ IV and Count V/DJ V and separately dismissed the consolidated fiduciary-duty claim as not valid. Its analysis also treats Count VI as derivative, although the final dismissal paragraphs do not separately name that count. It declined to dismiss the challenged open-meeting and insurance-change claims. Counts II, VII and VIII concern records and voting and are not enumerated in those final dismissal paragraphs; that is not a finding that every allegation succeeds.

Are records and voting part of this case?

Yes. The Second Amended Complaint separately pleads records inspection under A.R.S. § 33-1258, corporate recordkeeping under § 10-11601 and voting rights under § 33-1250, alongside contract and open-meeting theories. The complaint alleges personal injury from losing these rights. Those allegations must be distinguished from what any particular order actually decided.

Were the individual board members kept in the case?

No. The uploaded July 31, 2025 ruling dismissed Mark Gottmann and Dennis Anderson, while distinguishing those personal-liability theories from claims against the association.

Why does insurance appear in an open-meeting case?

The record expanded beyond early open-meeting and records allegations. Later filings challenged master-insurance changes, declaration amendments, owner insurance obligations, and related voting/notice procedures.

Did Marx win the July 2026 summary-judgment motions?

The September 11 order records thirteen motions withdrawn without prejudice, including eight of the nine July 5–21 motions featured here. Withdrawal is not a merits victory or loss on the underlying claims. The July 5 declaration-amendment motion is not on that list, and no merits disposition of it was identified in the reviewed orders.

Why are the loose July exhibits not all available for download?

The master index and filed notices identify the exhibit sets, and the materials were reviewed for this update. The loose copies include discovery, financial, insurance, correspondence, affidavit, contract, and image records with private identifiers, and their status as independently public docket attachments was not established. They remain outside the public source index pending that review.

What should be added next?

The next source-based update should incorporate any clarification ruling, any disposition of the declaration-amendment motion or remaining Colby discovery issue, later trial-setting or merits orders, and any relevant appeal disposition. The docket lists a clarification motion and response, but their contents and any later resolution have not been verified for this guide.

Complete source-document index

This index contains 218 PDFs, 1 other source file from the reviewed public source packet. Byte-identical copies are listed once. Files are ordered by the date and sequence in the public filename, and party filings or research materials are labeled separately from court rulings.

Source 1 2025-04-14

1 Minute Entry 4 14 25

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

Source 6 2025-07-18

Responsive Memo 7 18 25

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 8 2025-07-31

6 Ruling 7 31 25 Dismissing Mark And Dennis

Type: Court order/minute entry

Ruling granting the motion to dismiss and dismissing all claims against individual board members Mark Gottmann and Dennis Anderson.

Source 12 2025-09-04

Statement Of Costs 9 4 25

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 13 2025-09-10

9 Order 9 10 25 To File Amended Complaint

Type: Court order/minute entry

Order granting the motion to require an amended complaint and directing the homeowner to remove dismissed individual parties.

Source 16 2025-09-20

1 Exhibit I 9 20 25 Minutes

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 17 2025-09-27

1 Exhibit U Ltr To Bd 9 27 25

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 18 2025-10-01

12 Order Granting Defendants Application For Attorneys Fees 10 1 25

Type: Court order/minute entry

Initial judgment stating $5,957.70 attorneys’ fees and $13.40 costs for the dismissed individual defendants. Superseded fee history: the September 30 fee minute entry was vacated October 3 (filed October 7); the October 15 ruling and modified judgment allowed only $13.40 costs on that application.

Source 19 2025-10-02

13 Minute Entry 10 2 2025 Vacated 10 7 25

Type: Court order/minute entry

September 30, 2025 fee minute entry, filed October 2, later vacated October 3 (filed October 7) as premature. The later October 15 ruling allowed the individual defendants $13.40 costs only on the September 4 application.

Source 22 2025-10-07

14 Minute Entry Ruling 10 7 25 Vacating The September 30 2025 Minute Entry Filed October 2 2025

Type: Court order/minute entry

Order dated October 3, 2025 and filed October 7: vacates the September 30 fee minute entry as premature under the parties’ stipulation. Separately denies the September 7 motion to vacate; dismissal of the individual defendants remains effective.

Source 25 2025-10-10

Joint Report 10 10 25 1

Type: Court/source PDF

Case-management filing; it tells the court how the parties propose to schedule and manage the case.

Source 26 2025-10-14

15 10 14 25 Adr Referral

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 27 2025-10-15

16 Minute Entry 10 15 25 Regarding Attorneys Fees And Costs

Type: Court/source PDF

October 15, 2025 minute entry filed October 17: cited CC&R provisions do not authorize attorneys’ fees to the dismissed individual defendants; grants their September 4 application as to $13.40 costs only and enters a modified Rule 54(b) judgment.

Source 28 2025-10-15

19 Scheduling Order 10 15 25

Type: Court order/minute entry

Scheduling order signed October 14, 2025 and filed October 15: sets Tier 2 deadlines and an August 6, 2026 trial-setting conference. It records a proposed trial target no later than September 14, 2026, not a set trial date. Later conference orders superseded this history; this document is not the separate costs judgment.

Source 43 2025-11-18

23 Minute Entry 11 18 25

Type: Court order/minute entry

Court or agency order; this is usually the document that tells readers what changed next.

Source 45 2025-12-04

25 Minute Entry 12 4 25 Case Consolidation

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 49 2026-01-20

Subpoena To Colby 1 20 26

Type: Motion/application

Discovery or evidence request material; read it with the later order to see what was allowed or denied.

Source 53 2026-02-12

28 Minute Entry Order 2 12 26

Type: Court order/minute entry

Order addressing pending preliminary-injunction and amendment-related filings while the remaining Tara condominium claims continued.

Source 55 2026-03-16

30 Minute Entry 3 16 2026 Hearing

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 56 2026-03-16

31 Minute Entry 3 16 26

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
Source 57 2026-03-30

32 Minute Entry 3 30 26

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
Source 68 2026-07-05

Exhibit Index 2025 Declaration Amendment

Type: Declaration or affidavit

Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.

Source 69 2026-07-10

Plaintiff Partial Summary Judgment Claims 120 121

Type: Motion/application

Marx’s motion on corporate-records claims 120 and 121, alleging incomplete meeting minutes and unrecorded board action. Recorded withdrawn without prejudice by the September 11 order filed September 17; no merits decision on this motion.

Source 71 2026-07-10

Lisa Marx Declaration Claims 120 121

Type: Declaration or affidavit

Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.

Source 72 2026-07-10

Exhibit Index Claims 120 121

Type: Exhibit index

Index identifying the supporting exhibits cited by a party; use it to trace the evidence without treating the descriptions as findings.

Source 90 2026-07-16

Master Index Of Exhibits

Type: Exhibit index

Plaintiff's master index grouping proposed supporting evidence into governing-document, meeting, financial, audio, executive-session, and discovery sets. The index descriptions are not court findings.

Source 98 2026-07-16

Notice Exhibits Set 6 Continued

Type: Procedural/service filing

Procedural filing that documents service, appearance, compliance, or a required notice step.

Source 105 2026-07-19

Exhibit Index Claims 32 76 39 84 83 44 89

Type: Exhibit index

Index identifying the supporting exhibits cited by a party; use it to trace the evidence without treating the descriptions as findings.

Source 114 2026-08-28

Minute Entry Summary Judgment Withdrawal Direction

Type: Motion/application

August 28, 2026 trial-setting conference: directs withdrawal of fourteen partial-summary-judgment motions or they will be denied as moot; this does not adjudicate those claims on their merits.

Source 115 2026-09-11

Minute Entry Thirteen Summary Judgment Motions Withdrawn

Type: Motion/application

September 11, 2026 minute entry, filed September 17: lists thirteen motions withdrawn without prejudice, including eight of the nine July 5–21 motions discussed here; the declaration-amendment motion is not on that list.

Source 116 2026-10-06

Minute Entry Judgment On Pleadings Iqtunheimr Derivative

Type: Decision or judgment

Official minute entry (Hon. Adele Ponce, filed October 12, 2026) granting Tara's motion for judgment on the pleadings in part. Applying the 2026 Court of Appeals decision in Iqtunheimr v. Val Vista Lakes, the court dismissed Count IV and DJ IV (unit boundaries) and Count V and DJ V (upkeep) as derivative, and dismissed the breach-of-fiduciary-duty claim in the consolidated CV2025-062973. The court declined to dismiss the open-meeting claims (Counts I and III and their declaratory counts) and the consolidated insurance-cancellation claims, holding they are direct, not derivative.

Source 117 2026-10-20

Minute Entry Denying Reconsideration

Type: Court order/minute entry

October 20, 2026 minute entry, filed October 22: denies the October 13 motion for reconsideration without further reasoning or additional disposition.

Source 118 Undated

1 Exhibit A Marx Warranty Deed

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 119 Undated

1 Exhibit B Tara Ccrs

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 120 Undated

1 Exhibit C Travis Law Firm

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 121 Undated

1 Exhibit D Proposed Amendments

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 122 Undated

1 Exhibit E Plaintiff Email

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 123 Undated

1 Exhibit F Statement Read

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 124 Undated

1 Exhibit G Plaintiff Letter

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 125 Undated

1 Exhibit H Email To Homeowners

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 126 Undated

1 Exhibit J Action

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
Source 127 Undated

1 Exhibit K Changes To Ccr Ltr

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 128 Undated

1 Exhibit L Differences

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 129 Undated

1 Exhibit M Board Email

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 130 Undated

1 Exhibit N Cert Of Ins For 25 26

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 131 Undated

1 Exhibit O Cert Of Ins Ltr 25 26

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 132 Undated

1 Exhibit P Tara 2025 Budgetletter

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 133 Undated

1 Exhibit Q Budget Vote 24 Email

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 134 Undated

1 Exhibit R 2025 Budget

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 135 Undated

1 Exhibit S Tara 25 Bud Ballot

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 136 Undated

1 Exhibit T Pl Motion For Leave

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

Source 139 Undated

3 Plaint 1 PDF 1

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Download source file
Source 143 Undated

5 Ex V Tara 2026 Budget Ballot

Type: Court/source PDF

Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.

Source 149 Undated

16 Noti 1

Type: Court/source PDF

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Source 150 Undated

16 1 Order Granting Defendants Application For Costs Oct 15 2025

Type: Court order/minute entry

Modified judgment signed and filed October 15, 2025: the $5,957.70 attorneys’ fee language is struck, leaving $13.40 costs and Rule 54(b) judgment for the dismissed individual defendants. Does not resolve the continuing association claims.

Source 155 Undated

Affida 1 1

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Source 156 Undated

Affida 1

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Source 159 Undated

Colby Subpoena

Type: Motion/application

Discovery or evidence request material; read it with the later order to see what was allowed or denied.

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Source 160 Undated

Colbyn 1

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Source 161 Undated

CV 2025 1

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Source 162 Undated

CV 2025 1

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Source 166 Undated

Ex A Master Insurance As Of Dec 1 2025

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Source 169 Undated

Ex E 251025 001 Meeting To View Ballots

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Source 171 Undated

Ex V Tara 2026 Budget Ballot

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Source 172 Undated

Exapla 1 1

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Source 173 Undated

Exapla 1 2

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Source 174 Undated

Exapla 1

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Source 175 Undated

Exbaff 1

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Source 178 Undated

First Amended Civil Complaint For Declaratory Judgment And Injunctive Relief

Type: Decision or judgment

First amended complaint in CV2025-062973, dated November 25, 2025: plaintiff’s allegations concerning declaration-amendment, insurance, voting and records issues. The March 2026 conversion order governs the accepted scope of supplementation; this filing is not a merits finding.

Source 179 Undated

Insurance Subpoena

Type: Motion/application

Discovery or evidence request material; read it with the later order to see what was allowed or denied.

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Source 180 Undated

Insura 2

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Source 181 Undated

Jointn 1

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Source 182 Undated

Minute 1

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Source 188 Undated

Motion 1 1

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 189 Undated

Motion 1

Type: Motion/application

A request for a specific ruling or procedural action; the next document is often a response or order.

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Source 191 Undated

Objection To Plaintiffs Notice

Type: Briefing paper

Opposing or responsive paper; compare it to the motion or request filed immediately before it.

Source 192 Undated

Object 1

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Source 196 Undated

Plaint 1 1

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Source 197 Undated

Plaint 1 10

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Source 198 Undated

Plaint 1 11

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Source 199 Undated

Plaint 1 12

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Source 200 Undated

Plaint 1 2

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Source 201 Undated

Plaint 1 3

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Source 202 Undated

Plaint 1 4

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Source 203 Undated

Plaint 1 5

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Source 204 Undated

Plaint 1 6

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Source 205 Undated

Plaint 1 7

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Source 206 Undated

Plaint 1 8

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Source 207 Undated

Plaint 1

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Source 208 Undated

Plares 1

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Source 209 Undated

Reply To Resp And Obj To Mot For Lea

Type: Briefing paper

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Source 210 Undated

Reques 1 1

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Source 211 Undated

Reques 1

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Source 212 Undated

Reques 2

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Source 215 Undated

Respon 1

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Source 216 Undated

Second Amended Complaint

Type: Opening pleading

Starts or reframes the case and identifies the claims or relief requested.

Source 217 Undated

Stipul 1

Type: Court/source PDF

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Source 218 Undated

Supplemental Verified Affidavit Of Lisa Marx

Type: Declaration or affidavit

Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.

Source 219 No docket date in filename

Source File Roadmap 2026 07 22

Type: Source roadmap CSV

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Primary sources

Reviewed through the October 20, 2026 order filed October 22 and the docket checked October 26. The September 11 withdrawal order corrects the earlier description of all nine featured July motions as pending. The public pleadings describe records, voting, participation and individual-harm theories; their allegations, statements, declarations and proposed orders are not treated as findings. No final disposition of the whole case is identified in the reviewed orders. This page is educational information, not legal advice.

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