Briefing Document: Shadden v. Las Brisas Community Association, Case No. 25F-H043-REL

Executive Summary

This document provides a comprehensive analysis of the legal dispute between homeowner Keith A. Shadden (Petitioner) and the Las Brisas Community Association (Respondent) concerning a violation for reflective material on garage door windows. The case, adjudicated by the Arizona Office of Administrative Hearings, centered on whether the Association correctly applied its Covenants, Conditions, and Restrictions (CC&Rs).

On July 7, 2025, Administrative Law Judge Velva Moses-Thompson issued a decision dismissing Mr. Shadden’s petition. The judge ruled that the Petitioner failed to meet his burden of proof to establish that the Association had violated its governing documents.

The core of the dispute was Mr. Shadden’s allegation that the Association improperly used CC&R Section 5.10 (“Windows”) to cite him for reflective tint on his garage door’s glass cutouts. He argued that the garage door should be governed by Section 5.12 (“Garages and Driveways”). His primary evidence was that the original builder, Taylor Morrison, did not install window treatments on the garage door (a requirement of 5.10), implying the builder did not consider the cutouts to be “windows.”

The Association maintained that the plain language of the CC&Rs prohibits reflective materials on windows, that the glass cutouts are functionally windows, and that this rule is consistently enforced throughout the community. The Judge ultimately agreed with the Association’s interpretation, defining a “window” in its plain meaning as “any transparent opening through which light passes” and noting that Section 5.10 does not explicitly exclude garages.

Case Overview

Case Name

In the Matter of: Keith A. Shadden v. Las Brisas Community Association

Case Number

25F-H043-REL

Arizona Office of Administrative Hearings

Presiding Judge

Velva Moses-Thompson, Administrative Law Judge

Hearing Date

June 16, 2025

Decision Date

July 7, 2025

Petitioner

Keith A. Shadden (representing himself)

Respondent

Las Brisas Community Association, represented by Emily Cooper, Esq.

Core Dispute and Allegations

The central issue of the hearing, as defined in a June 5, 2025 order, was the Petitioner’s allegation that the Respondent was “using incorrect CC&R section (5.10) to create violation for garage door glass cutouts which fall under section 5.12”.

The dispute originated from a violation notice issued to Mr. Shadden on August 19, 2024, for having reflective material on his garage door windows. Subsequent notices with escalating fines were issued on February 13, 2025 (25fine),March21,2025(50 fine), and April 23, 2025 ($100 fine).

Relevant Governing Documents

The case revolved around the interpretation of two specific sections of the Las Brisas Community Association CC&Rs.

Section

Full Text

Article 5.10

Windows

“Within ninety (90) days of occupancy of a Residential Unit each Owner shall install permanent suitable window treatments that are Visible from Neighboring Property. No reflective materials, including, but without limitation, aluminum foil, reflective screens or glass, mirrors or similar type items, shall be installed or placed upon the outside or inside of any windows.”

Article 5.12

Garages and Driveways

“The interior of all garages situated on any lot shall be maintained in a neat and clean condition. Garages shall be used only for the parking of Vehicles and the storage of normal household supplies and materials and shall not be used for or converted to living quarters or recreational activities after the initial construction thereof without the prior written approval of the Architectural Committee. Garage doors shall be left open only as needed for ingress and egress.”

Arguments and Evidence Presented at Hearing

The evidentiary hearing was conducted virtually via Google Meet on June 16, 2025. Both parties presented arguments, testimony, and exhibits.

Petitioner’s Case (Keith A. Shadden)

Mr. Shadden argued that the Association’s application of Section 5.10 to his garage door was incorrect and unreasonable.

• Argument from Declarant’s Intent: Mr. Shadden testified that as the original homeowner, he paid the declarant, Taylor Morrison, nearly $1,600 for window treatments on all windows in the home. Because Taylor Morrison did not install any treatments on the garage door’s glass cutouts, he contended this showed the declarant’s intent that these cutouts were not to be considered “windows” under Section 5.10.

• Unreasonable Application: He argued that applying the entirety of Section 5.10, including the requirement for window treatments like blinds, to a garage door is an “unrealistic expectation for a homeowner.”

• Conflicting Communication: Mr. Shadden presented an email (Exhibit M) from the assistant community manager, K. White, which stated, “you do not have to install window treatment you can leave the windows without the treatments or you may install window treatments.” He argued this showed the Association itself did not apply the full scope of Section 5.10 to the garage.

• Testimony on “Window” Definition: Under cross-examination, Mr. Shadden offered several definitions of a window, including “something you look through.” He eventually conceded that the glass cutouts meet a common-sense understanding of a window but maintained his position based on the specific context of the CC&Rs.

Respondent’s Case (Las Brisas Community Association)

The Association, represented by Emily Cooper, Esq., with testimony from Community Manager Jamie Cryblskey, argued its actions were proper and consistent.

• Plain Language Interpretation: The Association asserted that the governing documents, including the CC&Rs and Design Guidelines, have “clear and plain language” that expressly prohibits reflective materials on windows.

• Consistent Enforcement: Ms. Cryblskey testified that the rule against reflective tint is enforced consistently across all 1,321 lots in the community. She noted that at the time of the hearing, one or two other homeowners had active violations for the same issue and were being treated in the same manner.

• Definition of “Window”: The Association argued that a “garage window is a window.” Ms. Cryblskey testified that she personally considers the glass inserts in a garage door to be windows.

• Adherence to Due Process: The Association outlined the procedural history, noting Mr. Shadden was provided a hearing before the Board of Directors on October 15, 2024. After his dispute was denied, he was required to submit an architectural application, which was also denied. His subsequent appeal of that denial was heard and denied by the board on December 17, 2024.

• Compliance Status: During opening statements, Ms. Cooper noted that Mr. Shadden had since installed a charcoal tint, which is permissible, rendering the petition moot. During testimony, Mr. Shadden stated he had applied black masking tape. Ms. Cryblskey confirmed that as of her last inspection on June 12, 2025, the reflective material was removed and the lot was in compliance.

Final Decision and Legal Conclusions

The Administrative Law Judge issued a final decision on July 7, 2025, dismissing Mr. Shadden’s petition.

• Burden of Proof: The decision established that the Petitioner, Mr. Shadden, bore the burden to prove by a preponderance of the evidence that the Respondent had violated its CC&Rs.

• Legal Interpretation: The judge’s central conclusion addressed the definition of “window.”

• Final Ruling: The judge found that Mr. Shadden failed to meet his evidentiary burden.

• Order: The recommended order stated, “IT IS ORDERED that Keith A. Shadden’s petition against Respondent Las Brisas Community Association is dismissed.” The decision is binding unless a party files for a rehearing within 30 days of the order.