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Scope note: This page covers a Superior Court case and a nonprecedential Court of Appeals memorandum decision.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
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.
The complaint was dismissed with prejudice and the trial court awarded fees and costs to the association.
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 / citation | CV2021-050888 / 1 CA-CV 22-0202 |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | January 19, 2023 |
| Judge / panel | Hon. Sara J. Agne, Judge Michael J. Brown, Presiding Judge Jennifer M. Perkins, Judge James B. Morse Jr. |
| Parties | A 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 source | View source opinion/order |
Parties, Court, and Research Coverage
| Uploaded source package | 65 PDFs, 2 other source files |
|---|---|
| Step-by-step docket roadmap | 82 roadmap entries |
| Video overview | R. L. Whitmer v. Hilton Casitas Homeowners Association |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 4 questions |
| Curated download aliases | 3 download links |
Key Issues & Findings
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.
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.
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.
What the courts decided
The Superior Court granted Hilton Casitas motion to dismiss and concluded the pleaded claims did not support contempt, prospective injunction, or audit relief.
The October 2021 judgment awarded fees and costs under A.R.S. § 12-341.01.
The Court of Appeals vacated the fee awards because Whitmers suit did not arise out of contract.
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
- Separate merits risk from fee risk. A dismissed statutory claim can still generate a fight over what fee statute applies.
- Identify the source of each claim. Label whether the claim arises from statute, administrative order, declaration, contract, or some combination.
- Preserve fee objections early. If the association seeks contract fees, respond with the essential-basis analysis before judgment is entered.
- 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
- 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.
- 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 page | Role in the case family | Connection |
|---|---|---|
| Published 2018 Whitmer case | Related docket | Earlier published jurisdiction decision about Superior Court enforcement of HOA administrative orders. |
| CV2022-014709 | Related docket | Later 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.
Certificate of compulsory arbitration
Filed by: Case filing
First appearance filing fee credit memo
Filed by: Case filing
Reply in support of scheduling conference
Filed by: Case filing
Hilton casitas homeowners and order affirming the
Filed by: Court
Hilton casitas homeowners and order affirming the
Filed by: Court
Request for extension
Filed by: Case filing
Response in opposition to
Filed by: Case filing
Response in opposition to
Filed by: Case filing
12 1841 required the association to file a notice of claim and serve the attorney general
Filed by: Association
12 1841 required the association to file a notice of claim and serve the attorney general
Filed by: Association
Notice of failure to timely file response
Filed by: Case filing
Response in opposition to
Filed by: Case filing
Response in opposition to
Filed by: Case filing
Reply in support of motion for leave to amend
Filed by: Case filing
Motion to strike hilton casitas homeowners
Filed by: Association
Motion to strike hilton casitas homeowners
Filed by: Association
Order with this joint report each date in the joint report and in the proposed scheduling or
Filed by: Court
Order with this joint report each date in the joint report and in the proposed scheduling or
Filed by: Court
Reply to defendants response to notice of failure
Filed by: Association
Order for dismissal with prejudice
Filed by: Court
Order for dismissal with prejudice duplicate
Filed by: Court
Application for attorneys
Filed by: Case filing
Statement of costs and notice
Filed by: Case filing
Verified motion for reconsideration
Filed by: Case filing
Notice of lodging proposed
Filed by: Case filing
Plaintiffs objection to application for fees
Filed by: Plaintiff
Motion to alter final judgment
Filed by: Court
Motion to alter the final hilton casitas homeowners judgment
Filed by: Court
Supplemental application for
Filed by: Case filing
Statement of costs and notice
Filed by: Case filing
Affidavit in support of
Filed by: Case filing
Notice of lodging proposed
Filed by: Case filing
Its supplemental application for attorneys fees and costs the association incorporates
Filed by: Association
Court of appeals receipt
Filed by: Court
Notice of substitution of counsel
Filed by: Case filing
Signed order denying rule 59 and awarding supplemental fees
Filed by: Court
Amended notice of appeal
Filed by: Case filing
Court of appeals receipt
Filed by: Court
Court of appeals receipt
Filed by: Court
Court of appeals receipt
Filed by: Court
Court of appeals mandate and memorandum decision
Filed by: Court
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.
Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
Certificate Of Compulsory Arbitration
Type: Procedural/service filing
Shows how the filer addressed Arizona’s compulsory-arbitration screening requirement.
Civil Cover Sheet
Type: Court/source PDF
Court intake document classifying the case for filing and assignment purposes.
Order To Show Cause
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Affidavit Of Service
Type: Procedural/service filing
Proof-of-service material; check it to understand who was served and when deadlines started.
Notice Of Appearance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
First Appearance Filing Fee Credit Memo
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Request
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
2021 Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Reply In Support Of Scheduling Conference
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Hilton Casitas Homeowners And Order Affirming The
Type: Court order/minute entry
Order denying Whitmer’s Rule 16(d) request and affirming the evidentiary-hearing schedule in the statutory enforcement case.
Motion To Dismiss
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Motion
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Request
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Response In Opposition To
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
12 1841 Required The Association To File A Notice Of Claim And Serve The Attorney General
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Notice
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Response In Opposition To
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Reply
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Reply
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Motion To Strike Hilton Casitas Homeowners
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Order With This Joint Report Each Date In The Joint Report And In The Proposed Scheduling Or
Type: Court order/minute entry
Case-management filing; it tells the court how the parties propose to schedule and manage the case.
Reply To Defendants Response To Notice Of Failure
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
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.
Application For Attorneys
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Statement Of Costs And Notice
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Verified Motion For Reconsideration
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Notice Of Lodging Proposed
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Plaintiffs Objection To Application For Fees
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Objection
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Judgment
Type: Decision or judgment
Judgment entering dismissal for Hilton Casitas and awarding the association attorneys’ fees and costs.
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.
Motion To Alter The Final Hilton Casitas Homeowners Judgment
Type: Decision or judgment
A request for a specific ruling or procedural action; the next document is often a response or order.
Reply
Type: Briefing paper
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Minute Entry
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Supplemental Application For
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Statement Of Costs And Notice
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
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.
Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
Objection
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
Notice Of Lodging Proposed
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
Its Supplemental Application For Attorneys Fees And Costs The Association Incorporates
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
Appellate Clerk Notice
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
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.
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.
Court Of Appeals Order
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
Notice Of Substitution Of Counsel
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
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.
Signed Order Denying Rule 59 And Awarding Supplemental Fees
Type: Court order/minute entry
Order denying Whitmer’s Rule 59 motion to alter the final judgment and awarding Hilton Casitas supplemental fees and costs.
Amended Notice Of Appeal
Type: Procedural/service filing
Moves the dispute into appellate or judicial-review procedure; use it to track the next forum.
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.
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.
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.
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.
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.
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.
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.
Court Of Appeals Mandate And Memorandum Decision
Type: Decision or judgment
Mandate and memorandum decision returning the case after the Court of Appeals vacated the contract-based fee award.
Mandate
Type: Decision or judgment
Decision document; read it to understand the controlling result before moving to later filings.
AI Case Briefing R L Whitmer V Hilton Casitas Homeowners Association
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.
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.
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.
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.