R. L. Whitmer v. Hilton Casitas CV2021-050888: Statutory HOA Claims and Fee Awards

Arizona Condominium Act • Budget/Audit Claims • Attorney Fees

CV2021-050888 shows how a statutory HOA enforcement case can be dismissed on the merits while still producing an important fee issue: the Court of Appeals vacated fee awards because the claims did not arise out of contract.

Last updated May 16, 2026. Case: R. L. Whitmer v. Hilton Casitas Homeowners Association, Maricopa County Superior Court No. CV2021-050888; Arizona Court of Appeals No. 1 CA-CV 22-0202.

Scope note: This page covers a Superior Court case and a nonprecedential Court of Appeals memorandum decision. The memorandum decision is not published precedent under Arizona Rule of the Supreme Court 111(c), but it explains the fee ruling in this case record. AI-generated briefing/audio files in the upload were reviewed only as orientation and are not treated as source authority on this page.

The rule in one sentence

A statutory HOA enforcement suit is not automatically an action arising out of contract for A.R.S. § 12-341.01 fee purposes merely because the association is governed by recorded condominium documents.

Case snapshot

Case name

R. L. Whitmer v. Hilton Casitas Homeowners Association.

Court and dockets

Maricopa County Superior Court No. CV2021-050888; Arizona Court of Appeals No. 1 CA-CV 22-0202.

Superior Court result

The complaint was dismissed with prejudice and the trial court awarded fees and costs to the association.

Appeal result

The Court of Appeals vacated the attorney-fee awards, holding the lawsuit did not arise out of contract under A.R.S. § 12-341.01.

Case Dossier

This generated dossier mirrors the structured data surfaced on the OAH/ADRE case pages. It is added from the curated court-case record and the custom page source package, while the hand-authored analysis below remains intact.

Case Summary

Case ID / citationCV2021-050888 / 1 CA-CV 22-0202
Court / tribunalSuperior Court
Decision / key dateJanuary 19, 2023
Judge / panelHon. Sara J. Agne, Judge Michael J. Brown, Presiding Judge Jennifer M. Perkins, Judge James B. Morse Jr.
PartiesA condominium owner brought statutory budget, assessment, audit, and administrative-order enforcement claims against Hilton Casitas; the Superior Court dismissed the claims and the Court of Appeals later vacated contract-based fee awards.
Governing law
Topics
ProcedureAttorney FeesBoard Governance
Outcome / holding

The Superior Court dismissed the statutory enforcement claims, but the Court of Appeals vacated the contract-based attorney-fee awards because the case did not arise out of contract under A.R.S. § 12-341.01.

Primary public sourceView source opinion/order

Parties, Court, and Research Coverage

Uploaded source package65 PDFs, 2 other source files
Step-by-step docket roadmap82 roadmap entries
Video overviewR. L. Whitmer v. Hilton Casitas Homeowners Association
Study / briefing material1 section
FAQ / homeowner questions4 questions
Curated download aliases3 download links

Key Issues & Findings

Case Summary

R. L. Whitmer filed a 2021 Maricopa County Superior Court action against Hilton Casitas over alleged failures tied to Arizona condominium budgeting, assessments, audits, and a prior administrative order. The Superior Court dismissed the case with prejudice and awarded fees to the association. In a nonprecedential memorandum decision, the Court of Appeals vacated the attorney-fee awards because the lawsuit did not arise out of contract for purposes of A.R.S. § 12-341.01; its essential basis was statutory enforcement, not breach or enforcement of the condominium declaration.

Key Issues & Findings

The Superior Court concluded the pleaded claims did not support contempt, prospective injunction, or audit relief. The later appellate fee ruling focused on the source of the dispute. Although the declaration was part of the condominium relationship, the claims were framed as statutory enforcement under the Arizona Condominium Act and a prior administrative order, so the declaration was not the cause or origin of the dispute for § 12-341.01 fee purposes.

Why It Matters

This docket is useful for separating merits loss from fee exposure. A homeowner can lose statutory HOA claims, but that does not automatically make the case a contract action for attorney-fee purposes. The memorandum decision is not published precedent, but the case record is a practical warning about pleading theory and fee motions in HOA litigation.

Appellate outcome: On appeal (1 CA-CV 22-0202, mem. dec. filed Jan. 19, 2023), the Court of Appeals VACATED the superior court’s attorneys’-fee award, holding the dispute did not “arise out of contract” under A.R.S. § 12-341.01; the dismissal of the underlying claims was not disturbed.

Case Participants

Petitioner Side

  • R. L. Whitmer (Plaintiff)
    Homeowner plaintiff in the 2021 Hilton Casitas case.

Respondent Side

  • Hilton Casitas Homeowners Association (Defendant)
    Association party defending Whitmer’s statutory HOA claims.
  • Edith I. Rudder (Counsel)
    Hazlewood, Delgado & Bolen, LLP
    Counsel for Hilton Casitas Homeowners Association.
  • Timothy D. Butterfield (Counsel)
    Hazlewood, Delgado & Bolen, LLP
    Entered an appearance for Hilton Casitas Homeowners Association.

Neutral Parties

  • Sara J. Agne (Judge)
    Superior Court judge assigned to the case.
  • Michael J. Brown (Judge)
    Court of Appeals judge listed in the case record.
  • Jennifer M. Perkins (Presiding Judge)
    Court of Appeals judge listed in the case record.
  • James B. Morse Jr. (Judge)
    Court of Appeals judge listed in the case record.

Why this case matters

The case began as a budget, assessment, audit, and administrative-order enforcement dispute under Arizona condominium statutes. The Superior Court dismissed the claims, including requested contempt and injunctive relief.

The important appellate issue was fees. The Superior Court treated the dispute as contract-based because the condominium declaration was part of the setting. The Court of Appeals disagreed, explaining that the essential basis of the suit was statutory enforcement, not breach or enforcement of the declaration.

For homeowners and associations, this case separates losing a statutory enforcement claim from automatically owing contract-based attorney fees. That distinction can matter as much as the merits in HOA litigation.

Video overview of the ruling

An AI-generated video overview of R. L. Whitmer v. Hilton Casitas Homeowners Association (CV2021-050888 / 1 CA-CV 22-0202). The Superior Court dismissed the statutory enforcement claims, but the Court of Appeals vacated the contract-based… This plain-language summary was generated from the court’s filings; the court’s own ruling controls.

Listen: audio deep dive on the ruling

An AI-generated audio deep dive walking through the court’s reasoning and disposition in R. L. Whitmer v. Hilton Casitas Homeowners Association. Generated from the case filings; verify against the linked ruling below.

Audio overview generated with Google NotebookLM from the case’s court filings.

What the courts decided

Claims dismissed with prejudice

The Superior Court granted Hilton Casitas motion to dismiss and concluded the pleaded claims did not support contempt, prospective injunction, or audit relief.

Trial court awarded fees

The October 2021 judgment awarded fees and costs under A.R.S. § 12-341.01.

Fee award vacated on appeal

The Court of Appeals vacated the fee awards because Whitmers suit did not arise out of contract.

Memo decision is nonprecedential

The appellate decision is useful record context but is not published precedent except as Arizona rules allow.

For homeowners: using the fee ruling carefully

The useful point in this docket is not that the homeowner won the case. He did not. The useful point is that a statutory HOA enforcement case is not automatically a contract action for A.R.S. § 12-341.01 fee purposes.

For homeowners, that means the way a claim is framed matters. If the essential basis is statutory enforcement or enforcement of an administrative order, the fee analysis may be different from a declaration-based contract dispute. The result still depends on the pleadings, record, and fee statute invoked.

Suggested statutory-claim workflow

  1. Separate merits risk from fee risk. A dismissed statutory claim can still generate a fight over what fee statute applies.
  2. Identify the source of each claim. Label whether the claim arises from statute, administrative order, declaration, contract, or some combination.
  3. Preserve fee objections early. If the association seeks contract fees, respond with the essential-basis analysis before judgment is entered.
  4. Remember the memorandum-decision limits. The appellate fee ruling is useful record context but is not a published precedential opinion.

For associations and managers: fee motions still need the right source

Do this
  • Tie any fee request to the actual source of the claims and the statute authorizing fees.
  • Distinguish contract claims from statutory enforcement claims in the fee application.
  • Preserve the dismissal record and the basis for the fee request separately.
  • Account for nonprecedential limits when relying on memorandum decisions.
Avoid this
  • Do not assume every condominium dispute arises out of contract.
  • Do not treat recorded CC&Rs as the automatic origin of every statutory claim.
  • Do not overlook fee exposure just because the merits claims were dismissed.
  • Do not cite this page as legal advice or as a substitute for the actual appellate memorandum decision.

What this memorandum decision does not do

The memorandum decision does not revive the dismissed statutory claims. It vacated contract-based fee awards because the action did not arise out of contract for A.R.S. § 12-341.01 purposes.

It is also not published precedent. Its value on this site is practical: it shows how fee framing can become a separate appellate issue after the merits case is lost.

Frequently asked questions

Did Whitmer win the 2021 Superior Court case?

No. The Superior Court dismissed the claims with prejudice.

What did the Court of Appeals change?

It vacated the contract-based attorney-fee awards because the case did not arise out of contract under A.R.S. § 12-341.01.

Is the appellate memorandum decision published precedent?

No. The page treats it as useful record context, subject to Arizona rules governing memorandum decisions.

Why does this matter for HOA cases?

Fee exposure can turn on whether the essential basis of a lawsuit is statutory, contractual, or something else.

Review note and disclaimer

Reviewed against the Superior Court docket materials and the Court of Appeals memorandum decision in No. 1 CA-CV 22-0202. This page is educational information and is not legal advice.

Whitmer / Hilton Casitas case family

These pages separate the three court dockets while keeping the shared administrative-order background visible.

Related pageRole in the case familyConnection
Published 2018 Whitmer caseRelated docketEarlier published jurisdiction decision about Superior Court enforcement of HOA administrative orders.
CV2022-014709Related docketLater contempt petition over the scope of the 2015 ALJ budget order.

Filing roadmap and raw court PDFs (82 documents)

The raw court files have been renamed into stable date-and-title filenames for public download. The roadmap is a filing index, not a legal conclusion about every filing.

Complete uploaded source-document index

This index is generated from every public-facing source file currently present in assets/court_case_downloads/r-l-whitmer-v-hilton-casitas-homeowners-association-cv2021-050888/raw/: 65 PDFs, 2 other source files. Files are ordered by the date/sequence embedded in the normalized filename; AI-generated review materials are labeled separately and should not be treated as court filings.

Source 1 2021-03-22

Complaint

Type: Opening pleading

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

Download source file
Source 3 2021-03-22

Civil Cover Sheet

Type: Court/source PDF

Court intake document classifying the case for filing and assignment purposes.

Source 4 2021-03-29

Order To Show Cause

Type: Court order/minute entry

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

Source 5 2021-04-19

Affidavit Of Service

Type: Procedural/service filing

Proof-of-service material; check it to understand who was served and when deadlines started.

Source 6 2021-04-29

Notice Of Appearance

Type: Procedural/service filing

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

Source 7 2021-04-29

Minute Entry

Type: Court order/minute entry

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

Download source file
Source 9 2021-05-12

Request

Type: Motion/application

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

Download source file
Source 10 2021-05-19

2021 Motion

Type: Motion/application

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

Download source file
Source 13 2021-05-26

Motion To Dismiss

Type: Motion/application

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

Source 14 2021-05-27

Motion

Type: Motion/application

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

Download source file
Source 15 2021-06-02

Minute Entry

Type: Court order/minute entry

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

Download source file
Source 16 2021-06-04

Motion

Type: Motion/application

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

Download source file
Source 17 2021-06-09

Request

Type: Motion/application

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

Download source file
Source 18 2021-06-11

Response In Opposition To

Type: Briefing paper

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

Source 20 2021-06-21

Notice

Type: Procedural/service filing

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

Download source file
Source 21 2021-06-23

Response In Opposition To

Type: Briefing paper

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

Source 22 2021-06-23

Reply

Type: Briefing paper

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

Download source file
Source 23 2021-07-06

Reply

Type: Briefing paper

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

Download source file
Source 27 2021-08-19

Order For Dismissal With Prejudice

Type: Court order/minute entry

Order granting Hilton Casitas’ motion to dismiss with prejudice and allowing the association to seek fees and costs.

Source 28 2021-09-02

Application For Attorneys

Type: Motion/application

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

Source 29 2021-09-02

Statement Of Costs And Notice

Type: Procedural/service filing

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

Source 31 2021-09-07

Minute Entry

Type: Court order/minute entry

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

Download source file
Source 32 2021-09-08

Notice Of Lodging Proposed

Type: Procedural/service filing

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

Source 34 2021-09-27

Objection

Type: Briefing paper

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

Download source file
Source 35 2021-10-05

Judgment

Type: Decision or judgment

Judgment entering dismissal for Hilton Casitas and awarding the association attorneys’ fees and costs.

Download source file
Source 36 2021-10-20

Motion To Alter Final Judgment

Type: Decision or judgment

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

Source 38 2021-11-22

Reply

Type: Briefing paper

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

Download source file
Source 39 2022-01-21

Minute Entry

Type: Court order/minute entry

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

Download source file
Source 40 2022-02-16

Supplemental Application For

Type: Motion/application

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

Source 41 2022-02-16

Statement Of Costs And Notice

Type: Procedural/service filing

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

Source 42 2022-02-16

Affidavit In Support Of

Type: Procedural/service filing

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

Source 43 2022-02-22

Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

Source 44 2022-03-07

Objection

Type: Briefing paper

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

Download source file
Source 45 2022-03-21

Notice Of Lodging Proposed

Type: Procedural/service filing

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

Source 47 2022-03-23

Appellate Clerk Notice

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

Source 48 2022-03-24

Court Of Appeals Receipt

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 2022-03-24

Appellate Index

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 50 2022-04-13

Court Of Appeals Order

Type: Court order/minute entry

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

Source 52 2022-04-13

Motion For Signed Order

Type: Court order/minute entry

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

Source 54 2022-05-19

Amended Notice Of Appeal

Type: Procedural/service filing

Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.

Source 55 2022-05-23

Appellate Index

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 56 2022-05-23

Court Of Appeals Receipt

Type: Court/source PDF

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

Source 57 2022-05-26

Appellate Index

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 58 2022-05-26

Court Of Appeals Receipt

Type: Court/source PDF

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

Source 59 2022-10-28

Memorandum

Type: Court/source PDF

Memorandum decision vacating the contract-based fee award while otherwise leaving dismissal of Whitmer’s statutory enforcement claims in place.

Download source file
Source 60 2022-11-10

Appellate Index

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 61 2022-11-10

Court Of Appeals Receipt

Type: Court/source PDF

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

Source 63 2023-03-24

Mandate

Type: Decision or judgment

Decision document; read it to understand the controlling result before moving to later filings.

Download source file
Source 65 Undated

AI Whitmer V Hilton Casitas Case Analysis

Type: AI-generated review PDF

AI-generated review material from the upload. Use it only for orientation; verify any legal claim against the linked court filings and orders.

Source 66 No docket date in filename

AI Document Summary CV 2021 050888

Type: AI-generated source table

AI-generated review material from the upload. Use it only for orientation; verify any legal claim against the linked court filings and orders.

Source 67 No docket date in filename

AI The Brutal Machinery Of Civil Procedure

Type: AI-generated media review asset

AI-generated review material from the upload. Use it only for orientation; verify any legal claim against the linked court filings and orders.

Primary sources

Core source documents used for this page.

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