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Park, Denise vs. Montezuma Fairway Villas Homeowners Association

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Case Summary

Case ID 12F-H1213010-BFS-rhg
Agency DFBLS
Tribunal OAH
Decision Date 2014-01-17
Administrative Law Judge M. Douglas
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Denise Park Counsel J. Roger Wood
Respondent Montezuma Fairway Villas Homeowners Association Counsel Jonathon V. O’Steen

Alleged Violations

A.R.S. § 33-1247
A.R.S. § 33-1248
A.R.S. § 33-1250
A.R.S. § 33-1258

Outcome Summary

The Director accepted the ALJ's recommendation on rehearing. The Petitioner prevailed on claims regarding maintenance of common areas (weeds, wall) and failure to hold elections. The HOA was ordered to comply with statutes and prove weed control. Claims regarding open meetings were dismissed because the Petitioner failed to attend. Claims regarding financial records were dismissed due to the expiration of the one-year statute of limitations. The Respondent was ordered to reimburse half ($1,000) of the filing fee directly to the Petitioner.

Key Issues & Findings

Maintenance of common elements

Petitioner alleged the HOA failed to maintain common areas, citing overflowing trash, weeds, and a broken wall. The ALJ found the evidence established these failures.

Orders: Respondent ordered to comply with statute and provide proof that weeds in common areas have been eliminated or properly controlled.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1247

Open meetings

Petitioner alleged the HOA failed to conduct open meetings. The HOA proved notice was mailed for the May 24, 2012 meeting.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Cited:

  • A.R.S. § 33-1248

Voting and proxies

Petitioner alleged the HOA failed to hold proper elections. The HOA admitted no election was held at the annual meeting because only three members attended.

Orders: Respondent ordered to comply with A.R.S. § 33-1250 in the future.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1250

Association financial and other records

Petitioner requested financial records in August 2011 which were not provided until Jan/Feb 2012 (late).

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 12-541(5)

Decision Documents

12F-H1213010-BFS-rhg Decision – 370568.pdf

Uploaded 2026-01-25T15:28:29 (41.0 KB)

12F-H1213010-BFS-rhg Decision – 376532.pdf

Uploaded 2026-01-25T15:28:29 (212.0 KB)

**Case Summary: Park v. Montezuma Fairway Villas Homeowners Association**
**Case No.** 12F-H1213010-BFS-rhg
**Nature of Proceeding:** Administrative Rehearing

**Overview**
This summary addresses the **rehearing** of a dispute between Denise Park (Petitioner), a condominium owner, and the Montezuma Fairway Villas Homeowners Association (Respondent). While an original decision was issued in March 2013 finding the Respondent liable for three violations, the rehearing in November 2013 and subsequent Final Order modified these findings based on a statute of limitations defense,.

**Procedural History and Original Decision**
Petitioner originally alleged four statutory violations: failure to maintain common areas, failure to conduct open meetings, failure to hold elections, and failure to provide financial information.
* **Original Outcome:** In the March 28, 2013 decision, the Administrative Law Judge (ALJ) ruled in favor of the Petitioner on three counts (maintenance, elections, and financial records) and ordered the Respondent to reimburse $1,500 of the filing fee.

**Rehearing Proceedings and Legal Analysis**
The rehearing was conducted on November 20, 2013. The ALJ re-evaluated the evidence and new legal arguments regarding the four alleged violations,.

**1. Maintenance of Common Areas (A.R.S. § 33-1247)**
* **Issue:** Petitioner alleged the HOA failed to repair a broken wall, control weeds, and provide adequate trash services,.
* **Argument:** Respondent argued that maintenance was deferred because Petitioner and others failed to pay dues,.
* **Ruling:** **Violation Affirmed.** Evidence established the common areas were not maintained (broken wall, weeds, peeling paint). Although the Respondent performed repairs *after* the original hearing, the ALJ ruled that post-hearing remedial actions did not alter the fact that the violation existed at the time of the petition,.

**2. Open Meetings (A.R.S. § 33-1248)**
* **Issue:** Petitioner claimed she did not receive notice of the annual meeting.
* **Ruling:** **Violation Not Found.** The ALJ found that the Respondent mailed the notice in accordance with the statute. The Petitioner’s failure to attend or receive the notice did not constitute a violation by the HOA,. This upheld the original finding.

**3. Elections (A.R.S. § 33-1250)**
* **Issue:** The HOA failed to hold elections for officers.
* **Argument:** Respondent argued no election was required because only three members attended the meeting, and all agreed to continue in their current officer roles,.
* **Ruling:** **Violation Affirmed.** The ALJ ruled that the HOA failed to hold proper elections as required by state statute and the Association's Bylaws.

**4. Financial Records (A.R.S. § 3

Case Participants

Petitioner Side

  • Denise Park (Petitioner)
    Owner of three condominium units
  • Kevin R. Harper (Attorney)
    Harper Law, PLC
    Receiving mail for Petitioner in Final Order; listed as Respondent's attorney in initial hearing decision text
  • J. Roger Wood (Attorney)
    J. Roger Wood PLLC
    Represented Petitioner in rehearing

Respondent Side

  • Carol Ann Klagge (Treasurer)
    Montezuma Fairway Villas Homeowners Association
    Board member; witness
  • Jay Klagge (Secretary)
    Montezuma Fairway Villas Homeowners Association
    Board member
  • Tony Sturgeon (Vice President)
    Montezuma Fairway Villas Homeowners Association
    Board member
  • Helen Bartels (Board Member)
    Montezuma Fairway Villas Homeowners Association
    Witness; became board member after March 28, 2013
  • Jonathon V. O’Steen (Attorney)
    O’Steen & Harrison, PLC
    Represented Respondent in rehearing and final order; listed as Petitioner's attorney in initial hearing decision text

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
  • Gene Palma (Director)
    Department of Fire, Building and Life Safety
  • Joni Cage (Complaint Program Manager)
    Department of Fire, Building and Life Safety

Park, Denise vs. Montezuma Fairway Villas Homeowners Association

Posted on by

Case Summary

Case ID 13F-H1213010-BFS-rhg
Agency Department of Fire, Building and Life Safety
Tribunal Office of Administrative Hearings
Decision Date 2014-01-17
Administrative Law Judge M. Douglas
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Denise Park Counsel J. Roger Wood
Respondent Montezuma Fairway Villas Homeowners Association Counsel Jonathon V. O’Steen

Alleged Violations

A.R.S. § 33-1247
A.R.S. § 33-1248
A.R.S. § 33-1250
A.R.S. § 33-1258

Outcome Summary

The Director accepted the ALJ's decision on rehearing. The Petitioner prevailed on 2 of 4 issues (maintenance and elections). The Respondent was ordered to pay Petitioner $1,000.00 (half the filing fee) and provide proof of weed control in common areas.

Why this result: Petitioner lost the open meetings issue due to failure to attend despite notice, and the financial records issue due to the one-year statute of limitations.

Key Issues & Findings

Maintenance of common areas

Petitioner alleged the HOA failed to maintain common areas, citing a broken wall, weeds, and overflowing trash containers. The Tribunal found credible evidence of these conditions.

Orders: HOA ordered to comply with statute; eliminate or control weeds within 90 days and provide proof.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 73
  • 76
  • 133
  • 138
  • 139

Open meetings

Petitioner alleged the HOA failed to conduct open meetings. The Tribunal found notice was mailed but Petitioner failed to attend.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Cited:

  • 73
  • 134

Proper elections

Petitioner alleged the HOA failed to hold proper elections. The Tribunal found no election was held at the annual meeting.

Orders: HOA ordered to fully comply with election statutes in the future.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 73
  • 135
  • 138

Financial information

Petitioner alleged the HOA failed to provide requested financial information. While the HOA failed to provide records within 10 days, the claim was barred by the statute of limitations.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Cited:

  • 73
  • 136
  • 137

Decision Documents

12F-H1213010-BFS Decision – 334123.pdf

Uploaded 2026-01-27T21:10:12 (205.6 KB)

12F-H1213010-BFS Decision – 370568.pdf

Uploaded 2026-01-27T21:10:12 (41.0 KB)

12F-H1213010-BFS Decision – 376532.pdf

Uploaded 2026-01-27T21:10:13 (212.0 KB)

**Case Summary: Denise Park v. Montezuma Fairway Villas Homeowners Association**
**Case No. 12F-H1213010-BFS**

**Overview**
This case involves a petition filed by Denise Park (Petitioner) against the Montezuma Fairway Villas Homeowners Association (Respondent) before the Arizona Office of Administrative Hearings. The Petitioner, an owner of three condominium units, alleged that the Respondent violated multiple provisions of the Arizona Revised Statutes (A.R.S.) regarding planned communities. The proceedings included an initial hearing on March 28, 2013, and a rehearing on November 20, 2013.

**Key Allegations and Issues**
The Petitioner charged the Respondent with four specific violations:
1. **Failure to maintain common areas** (A.R.S. § 33-1247), specifically regarding a broken wall, weeds, peeling paint, and insufficient trash containers.
2. **Failure to conduct open meetings** (A.R.S. § 33-1248).
3. **Failure to hold proper elections** (A.R.S. § 33-1250).
4. **Failure to provide financial information** within the statutory timeframe (A.R.S. § 33-1258).

**Arguments**
* **Petitioner:** Park testified that common areas were neglected, trash bins were overflowing, and she had not received proper notice of meetings or elections. She also argued the Association failed to provide requested financial records until after she filed her petition.
* **Respondent:** The Association argued that maintenance issues resulted from financial struggles caused by unpaid dues, including dues owed by the Petitioner. Regarding meetings, the Treasurer testified that notice for the May 2012 meeting was mailed to Park, but she did not attend. Regarding elections, the Association argued that because only three members attended the meeting—all of whom were current officers willing to continue—no formal election was necessary. On rehearing, the Respondent raised a defense regarding the statute of limitations for the financial records claim.

**Findings of Fact and Legal Conclusions**
The Administrative Law Judge (ALJ) issued a decision on rehearing, which modified the initial findings:

1. **Maintenance (Violation Found):** The ALJ found the Association failed to maintain common areas, citing the broken wall and weeds. Although the Association performed repairs after the initial hearing, the violation was substantiated at the time of the complaint.
2. **Open Meetings (No Violation):** The ALJ found the Association did hold

Case Participants

Petitioner Side

  • Denise Park (petitioner)
    Montezuma Fairway Villas Homeowners Association (Member)
    Owner of three condominium units
  • J. Roger Wood (attorney)
    J. Roger Wood PLLC
    Represented Petitioner in rehearing

Respondent Side

  • Carol Ann Klagge (witness)
    Montezuma Fairway Villas Homeowners Association
    Treasurer; owns three units
  • Jay Klagge (board member)
    Montezuma Fairway Villas Homeowners Association
    Secretary
  • Tony Sturgeon (board member)
    Montezuma Fairway Villas Homeowners Association
    Vice-President
  • Helen Bartels (witness)
    Montezuma Fairway Villas Homeowners Association
    Became board member after March 28, 2013 hearing
  • Jonathon V. O’Steen (attorney)
    O’Steen & Harrison, PLC
    Represented Respondent in rehearing; listed as Petitioner's attorney in initial hearing decision
  • Kevin R. Harper (attorney)
    Harper Law, PLC
    Represented Respondent in initial hearing; Final Order mailing list lists 'Denise Park c/o Harper Law PLC'

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
  • Gene Palma (Director)
    Department of Fire, Building and Life Safety
  • Joni Cage (Complaint Program Manager)
    Department of Fire, Building and Life Safety