Case Summary
| Case ID |
19F-H1918004-REL |
| Agency |
ADRE |
| Tribunal |
OAH |
| Decision Date |
2018-11-30 |
| Administrative Law Judge |
Kay Abramsohn |
| Outcome |
win |
| Filing Fees Refunded |
$500.00 |
| Civil Penalties |
$0.00 |
Parties & Counsel
| Petitioner |
John W. Gray |
Counsel |
— |
| Respondent |
Mesa Coronado III Condominium Association |
Counsel |
Austin Baillio, Esq. |
Alleged Violations
A.R.S. § 33-1258
Outcome Summary
The Petitioner was deemed the prevailing party regarding the Respondent's violations of the CC&Rs and rules concerning parking enforcement. The Respondent was ordered to refund the Petitioner's $500.00 filing fee.
Key Issues & Findings
Failure to enforce parking rules (vehicle limits, garage use, inoperable vehicles)
Petitioner alleged that the HOA refused to enforce parking rules regarding vehicle limits, requiring use of garages for first cars, and banning inoperable or commercial vehicles, despite written complaints. The ALJ found the HOA failed to enforce these rules or issue proper notices/fines.
Orders: MCIII ordered to pay Petitioner his filing fee of $500.00 within thirty days of the Order.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
Cited:
- A.R.S. § 33-1258
- MCIII Rules and Regulations #2 and #3
- MCIII CC&Rs 4.12
- MCIII CC&Rs 4.13
- MCIII CC&Rs 4.14
Analytics Highlights
Topics: HOA Enforcement, Parking Rules, Filing Fee Refund, Inoperable Vehicle, CC&R Violation
Additional Citations:
- A.R.S. § 33-1258
- A.R.S. § 32-2199(1)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. §32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
Decision Documents
19F-H1918004-REL Decision – 674057.pdf
Uploaded 2026-01-23T17:25:52 (139.6 KB)
Briefing Doc – 19F-H1918004-REL
Briefing Document: Gray v. Mesa Coronado III Condominium Association (Case No. 19F-H1918004-REL)
Executive Summary
This document provides a comprehensive analysis of the Administrative Law Judge Decision in the case of John W. Gray (Petitioner) versus the Mesa Coronado III Condominium Association (MCIII, Respondent). The central issue was MCIII’s failure to enforce its own Covenants, Conditions, and Restrictions (CC&Rs) and community rules regarding vehicle parking.
The Petitioner, Mr. Gray, presented credible and convincing evidence of widespread, ongoing parking violations by multiple residents, including exceeding vehicle limits, failing to use garages for primary parking, and the long-term storage of an inoperable vehicle in a common area parking space. The Respondent, MCIII, argued that the rules were difficult to enforce and that it had taken some action, including revising the rules shortly before the hearing.
The Administrative Law Judge (ALJ) ultimately rejected MCIII’s defense, concluding that the association had demonstrably failed to enforce its governing documents. The ALJ found that MCIII had viable enforcement options, such as issuing notices and fines, which it did not utilize. The final order deemed the Petitioner the prevailing party and required MCIII to reimburse his $500 filing fee.
Case Overview
• Parties Involved:
◦ Petitioner: John W. Gray, owner of Unit 122 in the Mesa Coronado III Condominium development.
◦ Respondent: Mesa Coronado III Condominium Association (MCIII), the unit owners’ association for the 33-unit development.
• Adjudicating Body: The Office of Administrative Hearings, following a referral from the Arizona Department of Real Estate.
• Hearing Date: October 29, 2018.
• Decision Date: November 30, 2018.
• Core Allegation: The Petitioner alleged that MCIII violated its own Rules, Regulations, and CC&Rs (specifically Articles 4.12, 4.13, and 4.14) by refusing to enforce parking rules despite receiving written complaints.
Background and Timeline of the Dispute
The conflict centered on parking within the MCIII development, which has 36 parking spaces for 33 units, with spaces being “open” and not assigned to specific units (with one exception).
• Pre-existing Rules (Adopted Jan. 2002):
◦ Owners were limited to two cars per unit.
◦ The garage was considered the “assigned” parking for the first car.
◦ Inoperable vehicles were banned from the property.
◦ A system of warnings and fines was in place for rule violations.
• May 17, 2018: Petitioner Gray submitted a formal written complaint to MCIII, identifying at least eight units in violation of parking rules. His complaint specified:
◦ Units with three cars were not using their garages for parking, instead using them for storage.
◦ An inoperable red truck had been stationary in the same parking spot for over a year.
◦ A commercial truck was present containing what he believed to be hazardous pool chemicals.
• MCIII’s Initial Response: The association acknowledged a “history” with the parking situation and stated the Board would review the rules for revision. MCIII noted it would investigate the red truck and also accused the Petitioner of regularly parking his own truck in a fire lane.
• July 16, 2018: The Petitioner sent a follow-up notification regarding the continuing violations.
• MCIII’s Second Response: The association informed the Petitioner that the issue would be on the agenda for the July 24, 2018 Board meeting and again reminded him of his own alleged fire lane parking violations.
• July 23, 2018: MCIII sent a notice to the owner of the unit associated with the inoperable red truck, informing them of the rules violation.
• July 30, 2018: The Petitioner filed his formal petition with the Arizona Department of Real Estate.
• October 23, 2018: Days before the hearing, the MCIII Board adopted new parking rules.
Petitioner’s Case and Evidence (John W. Gray)
The Petitioner built a detailed case demonstrating a pattern of non-enforcement by MCIII. The ALJ found his evidence to be “credible and convincing.”
• Specific Violations Alleged:
◦ Excess Vehicles: Multiple units possessed more than the two-vehicle limit.
◦ Garage Misuse: Residents with multiple cars were using common area parking spaces while their garages were used for storage.
◦ Inoperable Vehicle: A red truck remained parked and inoperable in one space for over a year, in direct violation of CC&R 4.14.
• Evidence Presented at Hearing:
◦ Photographs: A series of exhibits (6 through 16) contained photographs documenting the various offending vehicles.
◦ Private Investigation: The Petitioner hired a private investigator to obtain vehicle registration information to link specific vehicles to their owners and units (Exhibit 17).
◦ Quantitative Analysis: The Petitioner calculated that just 12 units were occupying 27 common area parking spaces, leaving very few spaces for the remaining 21 units.
◦ Written Correspondence: Copies of his complaints to MCIII were submitted, demonstrating that the association was put on notice of the violations.
Respondent’s Defense and Actions (MCIII)
The association’s defense centered on the difficulty of enforcement and subsequent actions taken after the Petitioner’s complaint.
• Core Arguments:
◦ Unenforceability: MCIII asserted that it was “almost impossible” to enforce the existing restrictive rules, as it would require constant 24/7 monitoring.
◦ Lack of Prior Complaints: The Respondent claimed it had received no complaints about parking prior to Mr. Gray’s.
◦ Issue is Moot: MCIII argued that its recent revision of the parking rules rendered the Petitioner’s complaint moot.
• Actions Taken by MCIII:
◦ Rule Revision: At the October 23, 2018 Board meeting, MCIII adopted new rules that eliminated the two-car limit but maintained the requirement for residents to use their garage first before occupying common area spaces. The ban on inoperable and commercial vehicles was also kept.
◦ Enforcement Against Petitioner: The Respondent noted that it had previously taken enforcement action by having the Petitioner’s own truck towed for parking in a fire lane.
◦ Notice Regarding Red Truck: MCIII provided evidence that it sent one letter on July 23, 2018, regarding the inoperable red truck.
◦ Towing Contract: The association stated it had recently contracted with Shaffer Towing for towing services.
◦ Community Manager Patrols: The “Community Manager,” Andrea Lacombe, testified that she drove through the property approximately twice a month looking for violations.
Governing Rules and CC&Rs
The decision rested on the specific language of the association’s governing documents in effect at the time of the complaint.
Document
Article/Rule
Provision
Rules & Regulations (Jan 2002)
Rule 3
Limits owners to two cars per unit and “assigns” the garage as parking for the first car.
CC&Rs (Jan 1999)
Art. 4.12
Prohibits the parking of commercial vehicles, RVs, boats, trailers, etc., on any part of the condominium outside of an enclosed garage.
CC&Rs (Jan 1999)
Art. 4.13
States that no parking space may be used for storage or any purpose other than parking of Family Vehicles. Grants the Board the right to assign spaces.
CC&Rs (Jan 1999)
Art. 4.14
Prohibits the storage of inoperable vehicles on any portion of the condominium other than within enclosed garages. Grants the Board the right to have violating vehicles towed.
Administrative Law Judge’s Decision and Rationale
The ALJ sided with the Petitioner, finding that MCIII had failed in its duty to enforce its own rules.
• Rejection of MCIII’s Defense: The ALJ determined that MCIII’s argument that the rules were unenforceable was “not a viable defense.” The decision explicitly stated that the association could have used provisions for notification and fines to enforce the rules but failed to do so.
• Evidence of Non-Enforcement: The hearing record demonstrated a clear failure by MCIII to act.
◦ The evidence was “undisputed” that the inoperable red truck had been in violation for over a year, yet MCIII only sent a single notice long after the complaint was filed.
◦ The ALJ noted that clearing even that one space would have improved the “tenuous parking situation.”
◦ The record contained no indication that MCIII had ever enforced the rules regarding the number of vehicles or the mandatory use of garages for primary parking.
◦ The only enforcement action cited, other than the single letter, was the towing of the Petitioner’s own vehicle.
• Conclusion of Law: Based on the evidence, the ALJ concluded that “MCIII failed to enforce CC&Rs and rules and regulations regarding parking.” The revision of the rules just before the hearing did not negate the past failure to enforce the rules that were in effect at the time of the Petitioner’s complaint.
Final Order
Based on the findings of fact and conclusions of law, the Administrative Law Judge issued a binding order with two key provisions:
1. Prevailing Party: The Petitioner, John W. Gray, is officially deemed the prevailing party in the matter.
2. Reimbursement: MCIII is ordered to pay the Petitioner his filing fee of $500.00 within thirty (30) days of the order.
Study Guide – 19F-H1918004-REL
Study Guide: Gray v. Mesa Coronado III Condominium Association
This guide provides a detailed review of the Administrative Law Judge Decision in case No. 19F-H1918004-REL, concerning a dispute over the enforcement of parking regulations. It includes a short-answer quiz, an answer key, essay questions for deeper analysis, and a glossary of key terms.
Quiz: Short-Answer Questions
Answer each of the following questions in 2-3 complete sentences, based entirely on the provided source document.
1. Who were the primary parties involved in this case, and what were their respective roles?
2. What were the two main issues John W. Gray alleged in his petition filed with the Department on July 30, 2018?
3. According to the MCIII rules in effect at the time of the complaint, what were the primary restrictions placed on vehicle ownership and parking for residents?
4. Describe the key evidence the Petitioner presented at the hearing to substantiate his claims of widespread parking rule violations.
5. What was the Respondent’s primary defense for not enforcing the more restrictive parking rules that were in place at the time of the complaint?
6. How did the new rules, adopted on October 23, 2018, change the association’s approach to vehicle limits and garage use?
7. Explain the significance of the inoperable red truck to the Administrative Law Judge’s final decision.
8. What was the required standard of proof for the Petitioner in this case, and did the judge determine that he met it?
9. Prior to the hearing, what specific enforcement actions did MCIII take in response to the Petitioner’s documented complaints?
10. What was the final order issued by the Administrative Law Judge, and what was MCIII required to do?
Answer Key
1. The primary parties were John W. Gray, the Petitioner, who was a condominium owner in the MCIII development, and the Mesa Coronado III Condominium Association (MCIII), the Respondent and the governing unit owners’ association for the development. Mr. Gray initiated the legal action against the association for allegedly failing to enforce its rules.
2. The Petitioner’s two main allegations were that the association had failed to provide him with a copy of its management company agreement and that it refused to enforce its parking rules. He specifically alleged multiple units were violating rules regarding the number of vehicles and the presence of inoperable vehicles.
3. The rules in effect at the time of the complaint limited owners to a maximum of two cars per unit. The rules also “assigned” the garage as the designated parking spot for the first car and explicitly banned “inoperable” vehicles from the property.
4. The Petitioner presented credible evidence including photographs from multiple exhibits (6-16) showing numerous violations. He also testified based on his personal observations, identified specific units with three cars using garages for storage, and provided vehicle registration information obtained through a private investigator.
5. The Respondent defended its lack of enforcement by arguing that the existing restrictive rules were “almost impossible” to enforce without constant surveillance. The Community Manager also testified that she had received no prior complaints about parking from other residents.
6. The new rules, adopted October 23, 2018, removed the limit on the number of cars permitted per unit. However, they instituted a new requirement that owners must park their vehicles in their respective garages before using any common area parking spaces.
7. The inoperable red truck was significant because it had been parked in the same spot for over a year, serving as undisputed evidence of a long-standing violation. The judge noted that MCIII’s single letter to the owner, sent long after the violation began, demonstrated a clear failure to enforce its rules regarding inoperable vehicles.
8. The required standard of proof was a “preponderance of the evidence,” meaning the Petitioner had to convince the judge that his contentions were more probably true than not. The judge concluded that the Petitioner successfully met this burden of proof.
9. MCIII’s primary enforcement actions were to place the issue on its July 24, 2018, Board meeting agenda and to send one letter on July 23, 2018, to the owner of the unit associated with the inoperable red truck. The record also shows MCIII had previously enforced parking rules against the Petitioner himself by having his truck towed from a fire lane.
10. The judge ordered that the Petitioner be deemed the prevailing party in the case. The judge further ordered that MCIII must pay the Petitioner his filing fee of $500.00 within thirty days of the order.
Essay Questions
The following questions are designed to promote deeper analysis of the case. Formulate comprehensive responses based on the facts and arguments presented in the source document.
1. Analyze the Respondent’s argument that revising the parking rules made the Petitioner’s complaints “moot.” Based on the judge’s decision, evaluate the strength of this defense and explain why it was ultimately unsuccessful.
2. Discuss the concept of a condominium association’s duty to enforce its own rules and CC&Rs, using the specific examples of MCIII’s actions (and inactions) from the case. How did the association’s selective enforcement—such as towing the Petitioner’s vehicle but not others—factor into the case’s context?
3. Evaluate the evidence presented by both the Petitioner and the Respondent. Which party presented a more compelling case, and why? Support your analysis by citing specific exhibits, testimony, and documented observations mentioned in the decision.
4. Explore the timeline of events from the Petitioner’s first complaint in May 2018 to the judge’s decision in November 2018. How does this timeline illustrate the dispute’s escalation and the association’s response strategy?
5. The Administrative Law Judge found that MCIII’s argument of the rules being “unenforceable” was not a viable defense. What practical enforcement actions, short of 24/7 surveillance, could the association have taken according to the information provided in the hearing record?
Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
The official who presides over the evidentiary hearing at the Office of Administrative Hearings and issues a decision. In this case, it was Kay Abramsohn.
Burden of Proof
The legal obligation of a party in a trial to produce evidence that proves the claims they have made against the other party.
Covenants, Conditions, and Restrictions. These are the governing legal documents that set up the guidelines for a planned community like a condominium. MCIII’s CC&Rs were effective January 12, 1999.
Common Elements
Also referred to as the “Common Area,” these are parts of the condominium property, such as the parking lot, available for use by all unit owners.
Community Manager
An employee of the management company (Curtiss Management) hired by the association to handle its affairs. In this case, the manager was Andrea Lacombe.
Evidentiary Hearing
A formal legal proceeding where parties present evidence (exhibits) and testimony to prove their case before a judge or hearing officer.
Inoperable Vehicle
A vehicle that cannot be operated. Both the old and new MCIII rules, as well as CC&R 4.14, prohibited storing such vehicles on the property outside of an enclosed garage.
A term used to describe an issue that is no longer in dispute or of practical significance. MCIII argued that its new rules made the Petitioner’s issues moot.
Petitioner
The party who initiates a legal action or files a petition. In this case, John W. Gray.
A map, drawn to scale, showing the divisions of a piece of land. The plat for MCIII showed there were 36 parking spaces in the lot.
Preponderance of the Evidence
The standard of proof required in this case. It is met if the proposition is more likely to be true than not true; it is a superior evidentiary weight that inclines an impartial mind to one side.
Prevailing Party
The party who is found to have won the legal case. The judge deemed the Petitioner to be the prevailing party.
Respondent
The party against whom a petition is filed; the defending party. In this case, the Mesa Coronado III Condominium Association.
Blog Post – 19F-H1918004-REL
He Fought the HOA Over Parking—and Won. Here Are the 5 Surprising Lessons from His Battle.
Introduction: The Familiar Frustration of HOA Parking
For anyone living in a condo, townhome, or planned community, the daily dance of parking is a familiar routine. It’s a world of limited spaces, confusing rules about guest parking, and the constant fear of a warning sticker or, worse, a tow truck. This shared frustration often simmers just below the surface of community life, where the rules established by a Homeowners Association (HOA) can feel arbitrary and inconsistently applied.
This post breaks down a real-life administrative court case where one resident, John W. Gray, took on his Condominium Association for its complete failure to enforce its own parking rules. Without getting lost in legal jargon, we will explore how a single, determined individual was able to hold his HOA accountable. This wasn’t just a simple disagreement; it was a formal challenge that went before a judge.
The official court decision in Gray’s favor offers powerful and surprising lessons for any homeowner, renter, or board member. This David vs. Goliath story is more than just a victory for one resident; it’s a practical guide filled with takeaways on how to effectively address community disputes and understand the true responsibilities of an HOA.
1. The ‘It’s Too Hard to Enforce’ Excuse Doesn’t Work
The association (MCIII) built its primary defense on the argument that its own parking rules were “almost impossible” to enforce. They claimed that the two-car limit per unit was too restrictive and would require constant, 24/7 monitoring and picture-taking, which was simply not feasible.
The administrative law judge completely rejected this excuse. The core lesson from the ruling is that an HOA cannot simply choose to ignore its governing documents because enforcement is inconvenient. The judge pointed out that the association had simpler tools at its disposal, such as issuing violation notices and levying fines as outlined in their rules, but failed to take even these basic steps.
The judge’s finding offers a powerful reality check for any board that feels overwhelmed by its own regulations:
MCIII’s argument that the rules were unenforceable is not a viable defense in this instance, as the rules contained many provisions that could have been noticed to the units regarding parking rules and their enforcement.
2. Meticulous Data is Your Strongest Weapon
John W. Gray didn’t just complain; he built an airtight case. His methodical approach to proving the association’s failure was a key factor in his success. The court record details the specific actions he took:
• He conducted personal observations and took photographs of the offending vehicles.
• He identified the specific units that had too many cars and were using their garages for storage instead of parking.
• He hired a private investigator to obtain vehicle registration information to definitively link cars to specific units.
The judge found this evidence to be “credible and convincing.” Gray’s detailed documentation painted a clear picture of the problem’s scale. According to his calculations, just 12 of the community’s 33 units were monopolizing 27 parking spaces, leaving very few for the remaining 21 units. This takeaway is clear: a well-documented, fact-based complaint is infinitely more powerful than anecdotal grievances.
3. Changing the Rules Doesn’t Erase Past Failures
In response to Gray’s formal complaint, the HOA Board took a strategic but ultimately unsuccessful step. Just days before the scheduled hearing, the Board reviewed and adopted a new set of parking rules. These new rules conveniently removed the two-car limit that the association had claimed was unenforceable.
The association then argued that this rule change made the petitioner’s original complaint “moot,” or irrelevant. They essentially claimed that since the rule he was complaining about no longer existed, there was no longer a case to be heard.
This strategy failed because the judge ruled on the HOA’s past failure to enforce the rules that were in effect at the time of the complaint. This is a crucial lesson in accountability. An organization cannot escape responsibility for its prior negligence simply by changing the rules at the last minute. The failure to act had already occurred, and the consequences of that failure were the basis of the lawsuit.
4. Ignoring Small Violations Can Create a Major Crisis
Nowhere was the HOA’s failure more obvious than in the case of a single inoperable red truck. The vehicle had been parked in the same spot for over a year, in clear violation of the rules prohibiting the storage of inoperable vehicles on the property.
Despite this long-term, visible violation, the hearing record shows the HOA’s response was both delayed and minimal. They sent only one letter to the unit owner about the truck, and this action was taken “long after” the violation began and only after Gray had formally complained.
The judge’s observation on this single vehicle underscores the wider impact of the board’s inaction:
Even the clearing of just one more space would have made the tenuous parking situation better.
The red truck was a symptom of a much larger disease. The failure to address one obvious, easily-proven violation demonstrated a systemic failure to manage the community’s shared resources, which directly contributed to the parking crisis and the disproportionate use of spaces by a few residents.
5. Enforcement Must Be Fair, Not Just Convenient
Perhaps the most telling detail from the hearing record was the apparent double standard in the HOA’s enforcement actions. The record explicitly mentions only two enforcement actions the association had taken regarding parking:
• Towing the petitioner’s own truck on one occasion for parking in a fire lane.
• Sending a single, very late letter about the red truck that had been parked for over a year.
The hearing record is devastatingly clear on this point. The only enforcement actions the board could point to were punitive or reactive: towing the truck of the very resident demanding action, and sending a single, belated letter about a year-old violation after he had filed a formal complaint. This wasn’t just inconsistent enforcement; it was a textbook case of selective enforcement that targeted the complainant while ignoring the systemic problem.
For an HOA’s authority to be respected and legally defensible, its rules must be applied fairly and consistently to all residents, not just when it is convenient or aimed at a perceived nuisance.
Conclusion: A Win for the Power of One
The judge’s order was a decisive victory for resident rights, affirming that an HOA’s duty to enforce its own rules is not optional. While the association was ordered to repay his $500 filing fee, the real prize was the validation that one resident, armed with credible evidence, can successfully hold a board accountable to the entire community. This case proves that meticulous documentation, persistence, and a refusal to be ignored are the great equalizers in community governance. It makes you wonder: what ‘unenforceable’ rules in your community are just waiting for a champion to demand they be followed?
Case Participants
Petitioner Side
- John W. Gray (petitioner)
Appeared on his own behalf
Respondent Side
- Austin Baillio (attorney)
Maxwell & Morgan PC
Represented Mesa Coronado III Condominium Association
- Andrea Lacombe (community manager)
Curtiss Management
Testified for Respondent
Neutral Parties
- Kay Abramsohn (ALJ)
Office of Administrative Hearings
- Judy Lowe (Commissioner)
Arizona Department of Real Estate
- Felicia Del Sol (administrative staff)
Transmitted decision electronically
