Brenda C Norman v. Rancho Del Lago Community Association

Case Summary

Case ID 22F-H2221019-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-01-18
Administrative Law Judge Adam D. Stone
Outcome Petitioner was deemed the prevailing party and RDLCA was ordered to comply with CC&R Section 3.1(D)(3) and refund the $500.00 filing fee. The specific remedy requested by Petitioner (ordering RDLCA to fine the neighbor or force light removal) was denied as the ALJ lacked statutory authority (A.R.S. § 32-2199.02) to grant that relief.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Brenda C Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Mackenzie Hill, Esq.

Alleged Violations

Section 3.1(D)(3) of the CC&Rs

Outcome Summary

Petitioner was deemed the prevailing party and RDLCA was ordered to comply with CC&R Section 3.1(D)(3) and refund the $500.00 filing fee. The specific remedy requested by Petitioner (ordering RDLCA to fine the neighbor or force light removal) was denied as the ALJ lacked statutory authority (A.R.S. § 32-2199.02) to grant that relief.

Key Issues & Findings

Violation of CC&R regarding flood illumination direction and ARC approval process.

Petitioner alleged that Respondent (RDLCA) violated CC&R 3.1(D)(3) because a neighbor installed flood lights shining onto Petitioner's property without RDLCA approval (ARC approval). The ALJ found RDLCA in violation because the lights were never approved.

Orders: RDLCA must comply with CC&R Section 3.1(D)(3) and pay Petitioner her $500.00 filing fee. No civil penalty was levied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.R.S. § 32-2199.02

Analytics Highlights

Topics: HOA, CC&R, Lighting, Architectural Review, Filing Fee Refund
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • A.R.S. § 32-2199.02
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Video Overview

Audio Overview

Decision Documents

22F-H2221019-REL Decision – 939490.pdf

Uploaded 2026-04-26T09:57:40 (95.0 KB)

22F-H2221019-REL Decision – 939490.pdf

Uploaded 2026-01-23T17:42:27 (95.0 KB)

This summary details the administrative hearing proceedings in the matter of *Brenda C Norman v. Rancho Del Lago Community Association* (RDLCA), held on January 14, 2022, before Administrative Law Judge (ALJ) Adam D. Stone.

Key Facts and Main Issue

The Petitioner, Brenda C Norman, filed a Homeowners Association (HOA) Dispute Process Petition on or about October 23, 2021, alleging that RDLCA violated the community documents. The specific issue was RDLCA's alleged failure to enforce Section 3.1(D)(3) of the CC&Rs, which mandates that flood illumination must be directed at the owner’s property away from neighboring property. The Petitioner testified that her neighbor installed flood lights that shined into her backyard and residence, and she requested RDLCA fine the neighbors or force the removal of the fixture. The Petitioner paid a $500.00 filing fee.

Hearing Proceedings and Arguments

The Petitioner bore the burden of proof to establish the violation by a preponderance of the evidence.

  • Petitioner’s Argument: The neighbor's lights continued to shine onto her property, and RDLCA had not adequately remedied the situation.
  • Respondent’s Argument: RDLCA, through community manager Spencer Brod, testified that upon receiving the complaint, they investigated and sent correspondence (August 17, 2021) to the neighbor requesting light removal. The neighbor subsequently replaced the fixture, and RDLCA later informed the Petitioner that the floodlights were now angled downward and were in compliance (September 2021). RDLCA also argued that the specific CC&R section applied only to lights on the front of the house, meaning neighbor approval was not required for the side/backyard fixture.

Legal Points and Final Decision

The ALJ found RDLCA in violation of the CC&Rs.

  • Legal Rationale: The ALJ could not definitively rule on RDLCA’s defense that the CC&R section applied only to front yards, as neither party submitted the full Section 3.1. However, the ALJ noted that RDLCA’s own correspondence referenced Section 3.1 and indicated the light was installed without ARC approval. Since no evidence demonstrated that ARC approval occurred, RDLCA was found to be in violation of CC&R Section 3.1(D)(3).
  • Outcome and Order: The Petitioner was deemed the prevailing party in this matter. Pursuant to A.R.S. § 32-2199.02, the ALJ ordered RDLCA to comply with Section 3.1(D)(3). The ALJ explicitly stated that he did not have the statutory authority to order RDLCA to fine or force the neighbor to remove the lights, thus denying the Petitioner's requested specific remedies. RDLCA was ordered to pay the Petitioner her $500.00 filing fee within thirty days. No civil penalty was deemed appropriate.

Questions

Question

Can an Administrative Law Judge order my HOA to fine a neighbor for a violation?

Short Answer

No, the ALJ does not have the statutory authority to order fines against neighbors.

Detailed Answer

Even if a violation is found, the ALJ explicitly stated that the statute does not grant them the power to order the HOA to fine a neighbor or to force a neighbor to remove non-compliant items.

Alj Quote

The Administrative Law Judge does not have the authority under the applicable statute to order that RDLCA fine or order the neighbor remove the lights.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • Remedies
  • Fines
  • Authority

Question

Who is responsible for proving that the HOA violated the community documents?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

The homeowner filing the dispute must prove the HOA's violation by a 'preponderance of the evidence'. It is not the HOA's job to disprove it initially.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent committed the alleged violations by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • Burden of Proof
  • Evidence
  • Procedure

Question

If I win my case against the HOA, can I get my filing fee back?

Short Answer

Yes, the ALJ can order the HOA to reimburse the filing fee.

Detailed Answer

In this decision, because the homeowner was the prevailing party, the HOA was ordered to pay the $500 filing fee directly to the homeowner within 30 days.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner her filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Order

Topic Tags

  • Fees
  • Reimbursement
  • Prevailing Party

Question

Can I challenge my HOA for failing to enforce architectural rules on a neighbor?

Short Answer

Yes, if the HOA allows modifications without the required approval.

Detailed Answer

The ALJ found the HOA in violation of the CC&Rs because the neighbor installed lights without the required Architectural Review Committee (ARC) approval, and the HOA failed to address this specific lack of approval.

Alj Quote

Because this never occurred, Respondent is in violation of CC&R Section 3.1(D)(3).

Legal Basis

CC&R Section 3.1(D)(3)

Topic Tags

  • Enforcement
  • Architectural Review
  • Lighting

Question

What happens if we don't provide the full text of the CC&Rs during the hearing?

Short Answer

The judge cannot rule on parts of the rules that are not provided.

Detailed Answer

The HOA tried to argue a rule applied only to the front yard, but because neither party submitted the full section of the CC&Rs, the judge could not verify that claim and had to rule based only on the evidence available.

Alj Quote

At the outset, neither party submitted the full Section 3.1 of the CC&R’s and the ALJ therefore cannot determine if the section in question applies to the front yard only.

Legal Basis

Evidentiary Standard

Topic Tags

  • Evidence
  • CC&Rs
  • Documentation

Question

What does 'preponderance of the evidence' mean?

Short Answer

It means the claim is more likely true than not.

Detailed Answer

The decision defines this legal standard as proof that convinces the judge that a contention is 'more probably true than not,' even if there is still some doubt.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Arizona Law of Evidence

Topic Tags

  • Legal Definitions
  • Standards

Case

Docket No
22F-H2221019-REL
Case Title
Brenda C Norman vs. Rancho Del Lago Community Association
Decision Date
2022-01-18
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can an Administrative Law Judge order my HOA to fine a neighbor for a violation?

Short Answer

No, the ALJ does not have the statutory authority to order fines against neighbors.

Detailed Answer

Even if a violation is found, the ALJ explicitly stated that the statute does not grant them the power to order the HOA to fine a neighbor or to force a neighbor to remove non-compliant items.

Alj Quote

The Administrative Law Judge does not have the authority under the applicable statute to order that RDLCA fine or order the neighbor remove the lights.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • Remedies
  • Fines
  • Authority

Question

Who is responsible for proving that the HOA violated the community documents?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

The homeowner filing the dispute must prove the HOA's violation by a 'preponderance of the evidence'. It is not the HOA's job to disprove it initially.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent committed the alleged violations by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • Burden of Proof
  • Evidence
  • Procedure

Question

If I win my case against the HOA, can I get my filing fee back?

Short Answer

Yes, the ALJ can order the HOA to reimburse the filing fee.

Detailed Answer

In this decision, because the homeowner was the prevailing party, the HOA was ordered to pay the $500 filing fee directly to the homeowner within 30 days.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner her filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Order

Topic Tags

  • Fees
  • Reimbursement
  • Prevailing Party

Question

Can I challenge my HOA for failing to enforce architectural rules on a neighbor?

Short Answer

Yes, if the HOA allows modifications without the required approval.

Detailed Answer

The ALJ found the HOA in violation of the CC&Rs because the neighbor installed lights without the required Architectural Review Committee (ARC) approval, and the HOA failed to address this specific lack of approval.

Alj Quote

Because this never occurred, Respondent is in violation of CC&R Section 3.1(D)(3).

Legal Basis

CC&R Section 3.1(D)(3)

Topic Tags

  • Enforcement
  • Architectural Review
  • Lighting

Question

What happens if we don't provide the full text of the CC&Rs during the hearing?

Short Answer

The judge cannot rule on parts of the rules that are not provided.

Detailed Answer

The HOA tried to argue a rule applied only to the front yard, but because neither party submitted the full section of the CC&Rs, the judge could not verify that claim and had to rule based only on the evidence available.

Alj Quote

At the outset, neither party submitted the full Section 3.1 of the CC&R’s and the ALJ therefore cannot determine if the section in question applies to the front yard only.

Legal Basis

Evidentiary Standard

Topic Tags

  • Evidence
  • CC&Rs
  • Documentation

Question

What does 'preponderance of the evidence' mean?

Short Answer

It means the claim is more likely true than not.

Detailed Answer

The decision defines this legal standard as proof that convinces the judge that a contention is 'more probably true than not,' even if there is still some doubt.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Arizona Law of Evidence

Topic Tags

  • Legal Definitions
  • Standards

Case

Docket No
22F-H2221019-REL
Case Title
Brenda C Norman vs. Rancho Del Lago Community Association
Decision Date
2022-01-18
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Brenda C Norman (petitioner)
    Appeared on her own behalf

Respondent Side

  • Mackenzie Hill (HOA attorney)
    The Brown Law Group, PLLC
    Represented Rancho Del Lago Community Association
  • Nathan Tennyson (HOA attorney)
    Represented Rancho Del Lago Community Association
  • Spencer Brod (community manager)
    Testified for Respondent

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission

Sam & Pipper O’ Shaughnessy Stangl v. Sabino Vista Townhouse

Case Summary

Case ID 22F-H2221009-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-04-25
Administrative Law Judge Velva Moses-Thompson
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Sam & Pipper O' Shaughnessy Stangl Counsel
Respondent Sabino Vista Townhouse Association Counsel Nathan Tennyson

Alleged Violations

Article VI of the CC&Rs

Outcome Summary

The Administrative Law Judge deemed Petitioners the prevailing party. Respondent HOA violated Article VI of the CC&Rs by failing to maintain and remove rubbish from the natural desert area within the Common Area up to the exterior building lines, as the Board's determination not to maintain the area lacked proper authority without a CC&R amendment. The Respondent was ordered to comply with the CC&Rs and refund the Petitioners' filing fee.

Key Issues & Findings

HOA maintenance obligations for common area up to exterior building lines

Petitioners alleged the HOA failed to maintain and otherwise manage all property up to the exterior building lines and patio enclosures, specifically a natural desert area within the Common Area. The ALJ found that the CC&Rs require the Association to maintain and remove all rubbish within its property up to the exterior building lines, and the Board lacked the authority to refuse maintenance of the natural desert area without amending the CC&Rs.

Orders: Respondent is ordered to comply with the requirements of Article VI of the CC&Rs going forward and must pay Petitioners their filing fee of $500.00 within thirty (30) days.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • Article VI of the CC&Rs
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Analytics Highlights

Topics: HOA Maintenance, CC&R Interpretation, Common Area Maintenance, Filing Fee Refund, Prevailing Party
Additional Citations:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

22F-H2221009-REL Decision – 959583.pdf

Uploaded 2026-04-24T11:38:59 (49.7 KB)

22F-H2221009-REL Decision – 964651.pdf

Uploaded 2026-04-24T11:39:03 (18.7 KB)

22F-H2221009-REL Decision – 964655.pdf

Uploaded 2026-04-24T11:39:07 (99.7 KB)

22F-H2221009-REL Decision – 927714.pdf

Uploaded 2026-04-24T11:39:13 (95.3 KB)

22F-H2221009-REL Decision – 927747.pdf

Uploaded 2026-04-24T11:39:19 (37.5 KB)

Stangl v. Sabino Vista Townhouse Association: A Dispute Over Common Area Maintenance

Executive Summary

This briefing document synthesizes the key facts, arguments, and legal decisions in the administrative case of Sam & Pipper O’ Shaughnessy Stangl versus the Sabino Vista Townhouse Association. The central conflict revolves around the Association’s legal obligation, as defined by its Covenants, Conditions, and Restrictions (CC&Rs), to maintain a common area behind the Petitioners’ property.

The Petitioners alleged that the Association violated Article 6 of its CC&Rs by failing to maintain this area for over two decades, resulting in the accumulation of rubbish and the creation of a habitat for pests. The Association countered that the area in question was designated “natural desert” to serve as a buffer, and that maintaining it was not required and would be cost-prohibitive.

An initial hearing in November 2021 resulted in a decision in favor of the Petitioners. The Association was granted a rehearing, which took place in April 2022. Despite new arguments from the Association regarding budget constraints, historical precedent, and alleged interference by the Petitioners, the Administrative Law Judge (ALJ) upheld the original decision.

The final ruling on April 25, 2022, found that the language of CC&R Article 6 is unambiguous and requires the Association to maintain “all property up to the exterior building lines.” The ALJ concluded that the Board of Directors does not have the authority to unilaterally designate a common area as “unmaintained” without formally amending the CC&Rs. Consequently, the Association was ordered to comply with Article 6 and reimburse the Petitioners’ filing fee.

Case Overview

Case Name

Sam & Pipper O’ Shaughnessy Stangl, Petitioners, vs. Sabino Vista Townhouse Association, Respondent.

Case Numbers

22F-H2221009-REL (Initial Hearing)
22F-H2221009-REL-RHG (Rehearing)

Adjudicating Body

Arizona Office of Administrative Hearings

Administrative Law Judge

Velva Moses-Thompson

Key Dates

Petition Filed: August 6, 2021
Initial Hearing: November 8, 2021
Initial Decision: November 29, 2021
Rehearing: April 4, 2022
Final Decision: April 25, 2022

The Central Allegation: Violation of CC&R Article 6

The dispute is founded on the interpretation of Article 6 of the Sabino Vista Townhouse Association’s CC&Rs concerning “Common Maintenance.”

Key Provisions of Article 6:

Maintenance Obligation: “The Association, or its duly authorized representative, shall maintain and otherwise manage all property up to the exterior building lines and patio enclosures including but not limited to the landscaping… roofs, common elements, decorative walls, drainage… and be responsible for the rubbish removal of all areas within the common properties.”

Standard of Care: “The Board of Directors of the Association shall use a reasonably high standard of care in providing for the repair, management and maintenance of said property, so that said townhouse project will reflect high pride of ownership.”

Petitioners’ Core Claim: Filed on August 6, 2021, the petition alleged that the Association violated Article 6 by failing to maintain the property behind their townhome unit. They asserted this neglect had persisted for the approximately 24 years they had lived there, leading to overgrowth and pest infestations.

The First Hearing and Decision (November 2021)

Summary of Arguments

Petitioners (Sam & Pipper O’ Shaughnessy Stangl):

◦ Alleged observing only 12 hours of landscaping work in their immediate back area over 24 years.

◦ Claimed the accumulated rubbish and overgrowth served as a habitat for pests, specifically mentioning “a pack rat for rattlesnakes.”

◦ Submitted a photograph of a rattlesnake skin found in their backyard as evidence.

Respondent (Sabino Vista Townhouse Association):

◦ Testimony was provided by Charles Taylor Ostermeyer, secretary of the Board of Directors.

◦ Argued the area in question is a “natural desert area and underbrush” that begins 30 to 40 feet behind the homes.

◦ Initially claimed the Board had adopted a rule limiting maintenance to just 4 feet behind residences, citing Board meeting minutes. However, when pressed by the ALJ, Ostermeyer conceded that believing a formal rule was adopted “would be conjecture on my part.”

◦ Asserted it would be too costly to clear the entire region.

◦ Contended that the decision not to maintain the open desert area was a valid exercise of the “business judgment rule” applicable to non-profit organizations.

November 29, 2021 Decision

The ALJ, Velva Moses-Thompson, ruled in favor of the Petitioners.

Finding: The preponderance of the evidence showed the Respondent failed to maintain the property as required by the unambiguous language of Article 6.

Reasoning: The Respondent provided “no evidence of an Amendment to Article VI” and “no evidence of a rule properly adopted by the Board that would limit the common area to be maintained.”

Order: The Petitioners were deemed the prevailing party, and the Association was ordered to reimburse their $500 filing fee and comply with Article 6 going forward.

The Rehearing and Final Decision (April 2022)

The Association’s request for a rehearing was granted, with the new hearing held on April 4, 2022. The Association was represented by Nathan Tennyson, Esq., and presented testimony from John Polasi, a Board member and Chairman of the Landscape Committee.

Rehearing Testimony and Arguments

Petitioner Arguments (Sam O’ Shaughnessy Stangl)

Respondent Arguments (John Polasi, HOA Board)

Core Issue is Deflection: Argued the Association’s narrative was a “deflection from the main issue.” Stated the HOA focused on irrelevant topics to circumvent the court’s correct original ruling.

Area is a “Natural Buffer”: The unmaintained area has existed since 1974 and serves as a natural buffer from Tanque Verde Creek, keeping wildlife out and preventing hikers/bikers from wandering into the neighborhood.

Tree Trimming Incident: Claimed the HOA falsely accused him of “singlehandedly” stopping all tree trimming. Clarified a December 2021 interaction with a contractor (Leon’s Tree Service) lasted only 30 seconds, where he refused permission to cut three shade branches in his private front courtyard.

Petitioner Hindrance: Alleged the Petitioners actively hindered tree trimming in December 2021 by refusing the contractor entry into their courtyard and blocking their driveway with an SUV to prevent the trimming of a low-hanging branch.

Pest Infestations: Maintained that pests are a significant problem, citing a recent rattlesnake sighting on his birthday (March 21) and his personal removal of “252 packrats in the last three years.”

Pest Control is Managed: Stated the HOA contracts “Mr. Packrat” to inspect the entire property quarterly. Polasi testified he had been chairman for a year and had “never heard of a single pack rider or rattlesnake anywhere.”

Misuse of Common Area: Dismissed accusations of misusing the common area as “pure deflection.” He stated his use (grilling, sitting outdoors) was adjudicated in court 18 years prior and found to be in compliance with CC&Rs.

Petitioner Misuse of Common Area: Accused the Petitioners of violating CC&Rs by placing personal items (barbecue, smoker, tables, chairs) in the common area and cutting a hole in their patio wall for water and electric lines.

Developer’s Intent: Cited a statement from Dale Chastine, the original developer, asserting the CC&Rs were written to “strictly forbid any unfettered wild growth” and require all common areas to be maintained in the same manner.

Board Authority and Historical Precedent: Cited 2020 Board Minutes that formally designated the area “35 ft to the south of southern homeowner rear wall” as “unmaintained natural desert landscape.” Referenced 1999 minutes indicating a 4-foot maintenance rule was previously in place.

New Issues: Attempted to introduce new evidence regarding a “complete drainage channel that… is now buried under debris and soil,” but the ALJ did not admit it as it was a new allegation not in the original petition.

Budgetary Constraints: Argued that maintaining the entire two-to-four-acre area would be excessively expensive. He noted the HOA had recently spent $15,000 on front-area tree trimming and $10,000 on tree repairs, and had other costs like a new pool pump.

April 25, 2022 Final Decision

The ALJ again ruled in favor of the Petitioners, affirming the initial decision.

Core Conclusion: “Although the Board determined that it would not maintain the natural desert, the Board does not have authority under its CC&Rs to refuse to maintain any of the area of its property up to the exterior building lines.”

Legal Reasoning: The CC&Rs are unambiguous and require the Association to maintain and remove rubbish from all property within its boundaries, including the area designated as “natural desert.”

Path Forward for HOA: The ALJ explicitly stated, “If the Association does not want to maintain any area within its property up to the exterior building lines, the Association should amend its CC&Rs.”

Final Order: The order from the November 29, 2021 decision was reiterated: Petitioners were deemed the prevailing party, the Respondent was ordered to pay the $500 filing fee, and the Respondent was directed to comply with Article VI of the CC&Rs.

Stangl v. Sabino Vista Townhouse Association: A Case Study Guide

This study guide provides a comprehensive review of the administrative case between homeowners Sam & Pipper O’ Shaughnessy Stangl and the Sabino Vista Townhouse Association. It includes a short-answer quiz with a corresponding answer key, a set of essay questions for deeper analysis, and a glossary of key terms found within the case documents.

——————————————————————————–

Short Answer Quiz

Instructions: Answer the following questions in 2-3 sentences, using only information provided in the source documents.

1. What was the central violation alleged by the Petitioners in their August 6, 2021, petition?

2. According to Article 6 of the CC&Rs, what is the Sabino Vista Townhouse Association’s responsibility regarding property maintenance?

3. In the first hearing on November 8, 2021, what was the Respondent’s primary argument for not maintaining the area behind the Petitioners’ home?

4. What was the outcome of the first Administrative Law Judge Decision issued on November 29, 2021?

5. Who testified for the Respondent at the April 4, 2022, rehearing, and what were his roles within the Association?

6. What two historical documents did the Respondent present at the rehearing to support its maintenance policy for the area in question?

7. Describe the Respondent’s accusation against the Petitioners regarding the tree trimming service in December 2021.

8. What strategic reasons did the Respondent’s witness, John Polasi, give for leaving the desert area unmaintained?

9. In the final decision of April 25, 2022, why did the Administrative Law Judge rule against the Association despite its evidence of a board-approved maintenance plan?

10. What specific orders were issued to the Respondent in the final court decision?

——————————————————————————–

Answer Key

1. The Petitioners alleged that the Sabino Vista Townhouse Association violated Article 6 of its Covenants, Conditions, and Restrictions (CC&Rs). Specifically, they claimed the Association failed to maintain and otherwise manage all property up to the exterior lines and patio enclosures, focusing on the unkempt two-acre area behind their townhome.

2. Article 6 requires the Association to “maintain and otherwise manage all property up to the exterior building lines and patio enclosures.” This includes landscaping, common elements, and rubbish removal, and mandates that the Board of Directors use a “reasonably high standard of care” so the project reflects a high pride of ownership.

3. In the first hearing, the Respondent argued that it had applied the “business judgment rule” applicable to non-profit organizations. The Association contended it would be too costly to clear out the entire region, which it described as an open desert area with many trees and weeds.

4. The Administrative Law Judge (ALJ) found the Petitioners to be the prevailing party. The ALJ ordered the Respondent to comply with Article 6 of the CC&Rs going forward and to pay the Petitioners their filing fee of $500.00.

5. John Polasi testified for the Respondent at the rehearing. He was identified as a member of the Respondent’s Board of Directors and the Chairman of the Landscaping Committee.

6. The Respondent presented minutes from a Board Meeting in February 1999, which stated that only 4 feet behind residences were maintained, with the remainder left natural. They also presented minutes from a 2020 Board Meeting that revised this policy, designating an area 35 feet from the southern homeowner walls as the maintenance boundary.

7. The Respondent alleged that the Petitioners interfered with and prevented a tree trimming project conducted by Leon’s Tree Service. The witness claimed the Petitioners refused entry into their front patio to trim overhanging limbs and moved a vehicle into their driveway to block the work.

8. John Polasi testified that the unmaintained desert area serves as a “natural buffer.” He stated it keeps animals from the adjacent Tanque Verde Creek area from coming onto homeowner property and also prevents bikers and hikers from wandering into the neighborhood.

9. The ALJ ruled that although the Board had determined it would not maintain the natural desert area, the Board does not have the authority under its CC&Rs to refuse maintenance. The judge concluded that the CC&Rs require the Association to maintain all property up to the exterior lines and that if the Association wishes to change this, it must formally amend its CC&Rs.

10. The final order deemed the Petitioners the prevailing party and directed the Respondent to pay the Petitioners’ $500.00 filing fee within thirty days. It further ordered the Respondent to comply with the requirements of Article VI of the CC&Rs going forward.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed for essay-length responses to encourage a deeper analysis of the case. Answers are not provided.

1. Analyze the legal reasoning of the Administrative Law Judge in both the initial and final decisions. Why was Article 6 of the CC&Rs consistently interpreted as unambiguous, and how did this interpretation override the Respondent’s “business judgment” defense and subsequent board resolutions?

2. Compare and contrast the evidence and arguments presented by the Respondent in the first hearing versus the rehearing. How did the Association’s defense strategy evolve, and what new evidence did it introduce in the second hearing?

3. Discuss the concept of “preponderance of the evidence” as defined in the case documents. Using specific examples from the testimony and exhibits, explain how the Petitioners met this burden of proof and why the Respondent’s affirmative defenses failed to meet the same standard in both hearings.

4. Examine the tension between a homeowners’ association’s governing documents (like CC&Rs) and the operational decisions made by its Board of Directors. How does this case illustrate the limits of a Board’s authority to interpret or modify its responsibilities without formally amending the core documents?

5. Evaluate the various pieces of evidence introduced during the rehearing, such as the Board Minutes from 1999 and 2020, the letter from Leon’s Tree Service, and the attempted introduction of the developer’s affidavit. What role did each piece of evidence play in shaping the arguments, and why was some evidence given more weight or deemed inadmissible by the judge?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, makes findings of fact, and issues decisions and orders. In this case, the ALJ was Velva Moses-Thompson.

Affidavit

A written statement confirmed by oath or affirmation, for use as evidence in court. An affidavit from the original developer, Dale Chastain, was presented but not admitted into evidence.

Affirmative Defense

A defense in which the defendant introduces evidence that, if found to be credible, will negate liability, even if it is proven that the defendant committed the alleged acts.

Arizona Dept. of Real Estate

The state agency authorized by statute to receive and decide Petitions for Hearings from members of homeowners’ associations in Arizona.

Business Judgment Rule

A legal principle that grants directors of a corporation (or non-profit association) immunity from liability for losses incurred in corporate transactions if the directors acted in good faith. This was used as a defense by the Respondent in the first hearing.

Covenants, Conditions, and Restrictions. These are the governing legal documents that set up the rules for a planned community or subdivision. The interpretation of Article 6 of the CC&Rs was the central issue of the case.

Common Area

Property in a planned community that is owned by the homeowners’ association and intended for the use and enjoyment of all members. The dispute centered on the maintenance of a common area behind the Petitioners’ home.

Conjecture

An opinion or conclusion formed on the basis of incomplete information. A witness for the Respondent admitted his belief about a maintenance rule was “conjecture.”

Evidentiary Hearing

A formal proceeding where parties present evidence and testimony before a judge to resolve a disputed issue.

Homeowners’ Association (HOA)

An organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and its residents. In this case, the Sabino Vista Townhouse Association.

Office of Administrative Hearings

An independent state agency in Arizona where evidentiary hearings are conducted by Administrative Law Judges.

Petitioners

The party that files a petition to initiate a legal proceeding. In this case, Sam & Pipper O’ Shaughnessy Stangl.

Preponderance of the Evidence

The standard of proof in most civil cases, defined as “such proof as convinces the trier of fact that the contention is more probably true than not.” The Petitioners had the burden of proving their case by this standard.

Rehearing

A second hearing of a case, granted upon request, to reconsider the original decision. The April 4, 2022, hearing was a rehearing, treated as a “complete and new hearing.”

Respondent

The party against whom a petition is filed. In this case, the Sabino Vista Townhouse Association.

Restrictive Covenant

A provision in a deed or other legal document that limits the use of real property. The court noted that unambiguous restrictive covenants are enforced to give effect to the intent of the parties.

Riparian Area

An area of land adjacent to a river or stream. The Respondent’s witness described the community as being in a riparian area next to Tanque Verde Creek.

He Sued His HOA Over Landscaping and Won. They Demanded a Do-Over. He Won Again. Here Are the Lessons.

Introduction: The David vs. Goliath Tale of a Homeowner and His HOA

For many homeowners, dealing with a Homeowners Association (HOA) can feel like a constant struggle. Disputes over rules, maintenance, and responsibilities are common frustrations. But what happens when a homeowner believes their HOA is fundamentally failing to uphold its end of the bargain?

This is the story of Sam O’ Shaughnessy Stangl, a homeowner who took his HOA to court over its failure to maintain a common area behind his home. The outcome was surprising enough: he won. But when the HOA was granted a complete “do-over” hearing to re-argue the case from scratch, he won a second time.

This case, Stangl vs. Sabino Vista Townhouse Association, offers a powerful case study in the hierarchy of governing documents and the legal principle of plain language in contract law. Here are the surprising and powerful lessons from the repeated legal victory that every homeowner should know.

1. An HOA Board Vote Can’t Override Its Own Founding Documents

The HOA’s core defense was that its Board of Directors had made a decision to leave the area behind the homes as an “unmaintained natural desert.” This argument, however, proved legally insufficient across two separate hearings.

In the first hearing, board secretary Charles Taylor Ostermeyer testified that the board had decided to limit maintenance. However, when pressed by the judge, he admitted that claiming this decision was a formal “rule” would be “conjecture on my part.” For the rehearing, the association presented board member John Polaski, who formalized the argument, claiming the unmaintained area served as a “natural buffer.” To support this, they presented minutes from a 2020 board meeting, arguing that the board’s decision recorded in those minutes effectively created a new policy for that common area.

In both instances, the Administrative Law Judge delivered a decisive counter-ruling. The judge found that the association’s primary governing documents—the Covenants, Conditions, and Restrictions (CC&Rs)—were the superior legal authority. A simple board vote recorded in meeting minutes could not nullify the binding requirements of the CC&Rs. The judge’s final order from the rehearing was unequivocal:

Although the Board determined that it would not maintain the natural desert, the Board does not have authority under its CC&Rs to refuse to maintain any of the area of its property up to the exterior building lines. … If the Association does not want to maintain any area within its property up to the exterior building lines, the Association should amend its CC&Rs.

This is a critical lesson for every homeowner. The CC&Rs function as a legally binding contract between the association and its members. A simple board resolution, a new rule, or a long-standing “tradition” cannot legally contradict the foundational covenants.

2. When the Contract is Clear, “All” Simply Means All

The entire case ultimately hinged on a single sentence in Article VI of the Sabino Vista Townhouse Association CC&Rs. This piece of text was so clear and powerful that the judge cited it as the deciding factor in both the original hearing and the rehearing. The language stated:

“The Association, or its duly authorized representative, shall maintain and otherwise manage all property up to the exterior building lines and patio enclosures including but not limited to the landscaping…”

The HOA attempted to argue around this plain language. Its representatives claimed that maintaining the entire area was too costly, that it had been unmaintained since the community was built in 1974, and that it was a “riparian area” (land adjacent to a river or stream) that should be left wild.

In both hearings, the judge rejected these arguments. The word “all” was not open to interpretation. The language of the CC&Rs was unambiguous and therefore had to be enforced as it was written. This illustrates a fundamental legal principle: when contract language is clear, arguments about convenience, cost, or past practice often fail when pitted against the plain text of a governing legal document.

3. Facts are Stubborn, Even in a “Complete New Hearing”

In a highly unusual procedural twist, after losing the first hearing in November 2021, the HOA was granted a “re-hearing” in April 2022. This was not an appeal, which reviews an original decision for errors, but a complete strategic reset. The judge explained its legal significance:

“And this is a re-hearing. So it is a complete and new hearing. … as if the first hearing didn’t happen.”

The HOA used this second chance to launch a new strategy. While the first hearing’s defense centered on cost and a vague, unwritten policy, the second hearing featured a new witness and a new, two-pronged approach: formalizing the “natural buffer” argument and adding an ad hominem strategy that attempted to portray Mr. Stangl as an uncooperative resident who had personally interfered with tree trimming.

But while the HOA’s tactics shifted, the central fact of the case could not be changed. The text of the CC&Rs was the same in April 2022 as it was in November 2021. The final outcome was identical to the first. The judge once again ruled in favor of the homeowner, ordering the HOA to comply with its own CC&Rs and to reimburse Mr. Stangl’s $500 filing fee.

This demonstrates a key legal reality: while procedural tactics can create new opportunities for argument, they cannot alter the foundational text of a contract. The HOA’s strategy shifted, but the CC&Rs—the central fact of the case—remained immutable.

Conclusion: A Final Takeaway for Every Homeowner

The case of Stangl vs. Sabino Vista Townhouse Association offers three profound takeaways for homeowners: the CC&Rs are supreme over board decisions, the plain language of those documents is incredibly powerful, and a fact-based argument is resilient. It serves as a potent reminder that an association’s governing documents are not just suggestions—they are enforceable contracts.

The next time you question an HOA policy, will you stop at their latest newsletter, or will you go back to the source?

Case Participants

Petitioner Side

  • Sam O' Shaughnessy Stangl (petitioner)
  • Pipper O' Shaughnessy Stangl (petitioner)
  • Dale Chastine (developer/witness)
    Original developer who provided an affidavit supporting petitioners
  • Lisa Chastine (witness)
    Signed father's affidavit as a witness

Respondent Side

  • Blake R. Johnson (HOA attorney)
    The Brown Law Group, PLLC
  • Nathan Tennyson (HOA attorney)
    The Brown Law Group, PLLC
    Appeared for rehearing; also referred to as Nathan Henderson in transcript
  • Charles Taylor Ostermeyer (board member)
    Sabino Vista Townhouse Association
    Secretary of Board; testified at original hearing
  • John Polasi (board member)
    Sabino Vista Townhouse Association
    Chairman of the Landscaping Committee; testified at rehearing
  • Leon (contractor)
    Leon's Tree Service
    Tree trimmer hired by HOA; provided a signed statement/testimony

Neutral Parties

  • Velva Moses-Thompson (ALJ)
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • c. serrano (clerk)
    Transmitted order
  • Miranda Alvarez (clerk)
    Transmitted order

Other Participants

  • Barbara Barski (property manager)
    Former manager of the association

Jeffrey D Points v. Olive 66 Condominium Association

Case Summary

Case ID 21F-H2121059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-09-08
Administrative Law Judge Tammy L. Eigenheer
Outcome The Petitioner’s petition was affirmed in part (violation of A.R.S. § 33-1258 regarding documents) and denied in part (no violation of A.R.S. § 33-1248 regarding open meetings). Respondent was ordered to reimburse $500.00 of the filing fee and comply with A.R.S. § 33-1258.
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jeffrey D Points Counsel
Respondent Olive 66 Condominium Association Counsel MacKenzie Hill

Alleged Violations

A.R.S. § 33-1258
A.R.S. § 33-1248

Outcome Summary

The Petitioner’s petition was affirmed in part (violation of A.R.S. § 33-1258 regarding documents) and denied in part (no violation of A.R.S. § 33-1248 regarding open meetings). Respondent was ordered to reimburse $500.00 of the filing fee and comply with A.R.S. § 33-1258.

Why this result: Petitioner failed to prove the violation of A.R.S. § 33-1248 because evidence of improper notice was lacking and the topic discussed in executive session was likely covered by a statutory exemption.

Key Issues & Findings

Access to Association Records

Respondent violated A.R.S. § 33-1258 by failing to provide certain requested 2021 invoices that were in existence at the time of the request within the statutory 10-day period.

Orders: Respondent must comply with A.R.S. § 33-1258 going forward. Petitioner reimbursed $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1805

Open Board Meetings

Petitioner failed to establish a violation of A.R.S. § 33-1248 regarding the March 25, 2021, board meeting, as the issue regarding notice was not established and the topic discussed (Landscaping Bid Review) likely fell under a statutory exemption.

Orders: Petitioner failed to establish the alleged violation of A.R.S. § 33-1248.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1248
  • A.R.S. § 33-1804

Analytics Highlights

Topics: condominium association, document request, open meeting, executive session, invoices, filing fee refund
Additional Citations:

  • A.R.S. § 33-1248
  • A.R.S. § 33-1258
  • A.R.S. § 33-1804
  • A.R.S. § 33-1805
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119

Video Overview

Audio Overview

Decision Documents

21F-H2121059-REL Decision – 909631.pdf

Uploaded 2026-04-24T11:37:01 (47.7 KB)

21F-H2121059-REL Decision – 909633.pdf

Uploaded 2026-04-24T11:37:11 (117.7 KB)

21F-H2121059-REL Decision – 909631.pdf

Uploaded 2026-01-23T17:38:43 (47.7 KB)

21F-H2121059-REL Decision – 909633.pdf

Uploaded 2026-01-23T17:38:48 (117.7 KB)

This decision arises from the administrative hearing in the matter of *Jeffrey D Points v. Olive 66 Condominium Association*. The hearing, held on August 19, 2021, before Administrative Law Judge Tammy L. Eigenheer, addressed allegations that the Olive 66 Condominium Association (Respondent) violated Arizona statutes concerning document availability and open meetings.

Key Facts and Legal Framework

The Respondent is a condominium unit owners’ association located in Phoenix, Arizona. The Petitioner, Jeffrey D. Points, alleged violations, initially citing homeowner association (HOA) statutes (A.R.S. §§ 33-1804 and 33-1805). Due to the Respondent’s status, the legal focus shifted to the corresponding condominium statutes: A.R.S. § 33-1248 (meetings) and A.R.S. § 33-1258 (records). Petitioner bore the burden of proving violations by a preponderance of the evidence.

Main Issues and Arguments

The dispute centered on two key issues:

  1. Improper Executive Session (A.R.S. § 33-1248): Petitioner challenged the use of a closed session during the March 25, 2021, Board Meeting, specifically regarding the Landscaping Bid Review. The statute allows meetings to be closed for matters relating to the job performance of or specific complaints against an individual employee of a contractor. Respondent’s witness testified that the review addressed specific performance issues with a landscaping company employee.
  2. Failure to Produce Documents (A.R.S. § 33-1258): Petitioner made numerous requests for association records, including invoices and 1099s. The statute requires financial and other non-privileged records to be made reasonably available within ten business days of a request. Petitioner also asserted a right to examine *all* association documents in person at the office. Respondent argued that allowing unlimited in-person review was unduly burdensome due to the need to remove confidential documents and ongoing COVID-19 concerns.

Legal Conclusions and Outcome

The Administrative Law Judge (ALJ) reached the following conclusions of law:

  • Closed Session (A.R.S. § 33-1248): The ALJ found that the Respondent properly considered the landscaping issue in executive session because it fell under the statutory exception concerning the job performance of an individual contractor employee. Petitioner failed to establish that the meeting notice was improper or that the executive session violated A.R.S. § 33-1248.
  • Document Production (A.R.S. § 33-1258): The ALJ rejected Petitioner’s assertion of a right to examine all documents in person. However, Respondent’s counsel acknowledged that certain requested 2021 invoices were in existence at the time of the request but were not provided to the Petitioner within the required 10-day statutory period. This failure constituted a violation of A.R.S. § 33-1258.

The Final Decision

The Petitioner’s petition was affirmed in part and denied in part. Although a violation of the document production statute (A.R.S. § 33-1258) was established, the ALJ found that no civil penalty was appropriate.

The Order required the following remedy:

  1. Respondent must reimburse Petitioner $500.00 of the filing fee for the issue on which the Petitioner prevailed.
  2. Respondent is directed to comply with the requirements of A.R.S. § 33-1258 going forward.

Questions

Question

Can I demand to inspect every single HOA document in person at the management office?

Short Answer

No. While records must be reasonably available, you do not have the right to peruse all documents at will.

Detailed Answer

The Administrative Law Judge ruled that the statute requiring records be 'reasonably available' does not grant an unlimited right to inspect all documents in person. The HOA can withhold certain confidential documents, and sorting through everything to remove them may be considered unduly burdensome.

Alj Quote

Nothing in the statute however, grants a condominium unit owner the right to peruse all of the association’s documents at will as some documents may properly be withheld.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • Records Request
  • Inspection Rights

Question

Is it a violation if the HOA fails to provide requested invoices within 10 days?

Short Answer

Yes. If the documents exist and are not provided within the statutory timeframe, it is a violation.

Detailed Answer

The ALJ found the Association in violation of the law because they acknowledged that requested invoices existed at the time of the request but were not provided to the homeowner.

Alj Quote

Respondent’s witness acknowledged that certain invoices requested by Petitioner were in existence at the time of the request, but were not provided to Petitioner. Such a failure to provide the documents requested was a violation of A.R.S. § 33-1258.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • Records Request
  • Invoices
  • Timeliness

Question

Can the HOA Board discuss vendor contracts or issues in a closed executive session?

Short Answer

Yes, if the discussion involves specific complaints or performance issues regarding an individual employee of the contractor.

Detailed Answer

The ALJ ruled that a 'Landscaping Bid Review' was properly held in executive session because the testimony indicated it involved specific performance issues with an employee of the landscaping company.

Alj Quote

Respondent’s witness asserted that the issue regarding the landscaping bid review was a specific performance issue with an employee of the landscaping company. As that topic falls under the exception listed in A.R.S. § 33-1248(A)(4), Respondent properly considered the issue in an executive session closed to its members.

Legal Basis

A.R.S. § 33-1248(A)(4)

Topic Tags

  • Open Meetings
  • Executive Session
  • Vendors

Question

Will the HOA be fined if they are found to have violated records request laws?

Short Answer

Not necessarily. The ALJ has discretion regarding civil penalties.

Detailed Answer

In this case, even though a violation was found regarding the failure to provide invoices, the judge decided that no civil penalty was appropriate based on the facts presented.

Alj Quote

Based on the facts presented, the Administrative Law Judge finds no civil penalty is appropriate in this matter.

Legal Basis

Administrative Discretion

Topic Tags

  • Penalties
  • Enforcement

Question

Who has the burden of proof in a dispute with the HOA?

Short Answer

The homeowner (Petitioner) must prove the violation by a preponderance of the evidence.

Detailed Answer

The homeowner is responsible for providing evidence that outweighs the evidence offered by the HOA. If the homeowner fails to provide sufficient evidence (such as proof of when a meeting agenda was issued), the claim will likely fail.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1248 and A.R.S. § 33-1258.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • Legal Standards
  • Burden of Proof

Question

Can I get my filing fee reimbursed if I win?

Short Answer

Yes, typically for the portion of the case on which you prevail.

Detailed Answer

The ALJ ordered the Association to reimburse the homeowner $500.00, which represented the filing fee for the specific issue (records request) where the homeowner won.

Alj Quote

IT IS FURTHER ORDERED that Respondent reimburse Petitioner their $500.00 filing fee for the issue on which they prevailed.

Legal Basis

Order

Topic Tags

  • Remedies
  • Fees

Question

What if I suspect the HOA altered a document they sent me?

Short Answer

You must provide proof. Mere assertion is not enough.

Detailed Answer

The homeowner claimed a landscaping contract was altered but provided no evidence. The ALJ ruled that an assertion without merit cannot be the basis for finding a violation.

Alj Quote

Petitioner’s assertion that the landscaping contract was altered in some way is completely without merit and cannot be the basis for a finding that Respondent violated A.R.S. § 33-1258.

Legal Basis

Evidence

Topic Tags

  • Evidence
  • Fraud Allegations

Question

Do Open Meeting laws apply to Condominium Associations?

Short Answer

Yes, under A.R.S. § 33-1248.

Detailed Answer

Although the homeowner originally cited the Planned Community statutes (A.R.S. § 33-1804), the hearing proceeded under the correct Condominium statutes (A.R.S. § 33-1248), which contain similar open meeting requirements.

Alj Quote

After discussion, the hearing proceeded with the understanding that the statutes applicable to the instant matter were A.R.S. § 33-1248… and A.R.S. § 33-1258…

Legal Basis

A.R.S. § 33-1248

Topic Tags

  • Jurisdiction
  • Condos vs HOAs

Case

Docket No
21F-H2121059-REL
Case Title
Jeffrey D Points vs. Olive 66 Condominium Association
Decision Date
2021-09-08
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE

Questions

Question

Can I demand to inspect every single HOA document in person at the management office?

Short Answer

No. While records must be reasonably available, you do not have the right to peruse all documents at will.

Detailed Answer

The Administrative Law Judge ruled that the statute requiring records be 'reasonably available' does not grant an unlimited right to inspect all documents in person. The HOA can withhold certain confidential documents, and sorting through everything to remove them may be considered unduly burdensome.

Alj Quote

Nothing in the statute however, grants a condominium unit owner the right to peruse all of the association’s documents at will as some documents may properly be withheld.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • Records Request
  • Inspection Rights

Question

Is it a violation if the HOA fails to provide requested invoices within 10 days?

Short Answer

Yes. If the documents exist and are not provided within the statutory timeframe, it is a violation.

Detailed Answer

The ALJ found the Association in violation of the law because they acknowledged that requested invoices existed at the time of the request but were not provided to the homeowner.

Alj Quote

Respondent’s witness acknowledged that certain invoices requested by Petitioner were in existence at the time of the request, but were not provided to Petitioner. Such a failure to provide the documents requested was a violation of A.R.S. § 33-1258.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • Records Request
  • Invoices
  • Timeliness

Question

Can the HOA Board discuss vendor contracts or issues in a closed executive session?

Short Answer

Yes, if the discussion involves specific complaints or performance issues regarding an individual employee of the contractor.

Detailed Answer

The ALJ ruled that a 'Landscaping Bid Review' was properly held in executive session because the testimony indicated it involved specific performance issues with an employee of the landscaping company.

Alj Quote

Respondent’s witness asserted that the issue regarding the landscaping bid review was a specific performance issue with an employee of the landscaping company. As that topic falls under the exception listed in A.R.S. § 33-1248(A)(4), Respondent properly considered the issue in an executive session closed to its members.

Legal Basis

A.R.S. § 33-1248(A)(4)

Topic Tags

  • Open Meetings
  • Executive Session
  • Vendors

Question

Will the HOA be fined if they are found to have violated records request laws?

Short Answer

Not necessarily. The ALJ has discretion regarding civil penalties.

Detailed Answer

In this case, even though a violation was found regarding the failure to provide invoices, the judge decided that no civil penalty was appropriate based on the facts presented.

Alj Quote

Based on the facts presented, the Administrative Law Judge finds no civil penalty is appropriate in this matter.

Legal Basis

Administrative Discretion

Topic Tags

  • Penalties
  • Enforcement

Question

Who has the burden of proof in a dispute with the HOA?

Short Answer

The homeowner (Petitioner) must prove the violation by a preponderance of the evidence.

Detailed Answer

The homeowner is responsible for providing evidence that outweighs the evidence offered by the HOA. If the homeowner fails to provide sufficient evidence (such as proof of when a meeting agenda was issued), the claim will likely fail.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1248 and A.R.S. § 33-1258.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • Legal Standards
  • Burden of Proof

Question

Can I get my filing fee reimbursed if I win?

Short Answer

Yes, typically for the portion of the case on which you prevail.

Detailed Answer

The ALJ ordered the Association to reimburse the homeowner $500.00, which represented the filing fee for the specific issue (records request) where the homeowner won.

Alj Quote

IT IS FURTHER ORDERED that Respondent reimburse Petitioner their $500.00 filing fee for the issue on which they prevailed.

Legal Basis

Order

Topic Tags

  • Remedies
  • Fees

Question

What if I suspect the HOA altered a document they sent me?

Short Answer

You must provide proof. Mere assertion is not enough.

Detailed Answer

The homeowner claimed a landscaping contract was altered but provided no evidence. The ALJ ruled that an assertion without merit cannot be the basis for finding a violation.

Alj Quote

Petitioner’s assertion that the landscaping contract was altered in some way is completely without merit and cannot be the basis for a finding that Respondent violated A.R.S. § 33-1258.

Legal Basis

Evidence

Topic Tags

  • Evidence
  • Fraud Allegations

Question

Do Open Meeting laws apply to Condominium Associations?

Short Answer

Yes, under A.R.S. § 33-1248.

Detailed Answer

Although the homeowner originally cited the Planned Community statutes (A.R.S. § 33-1804), the hearing proceeded under the correct Condominium statutes (A.R.S. § 33-1248), which contain similar open meeting requirements.

Alj Quote

After discussion, the hearing proceeded with the understanding that the statutes applicable to the instant matter were A.R.S. § 33-1248… and A.R.S. § 33-1258…

Legal Basis

A.R.S. § 33-1248

Topic Tags

  • Jurisdiction
  • Condos vs HOAs

Case

Docket No
21F-H2121059-REL
Case Title
Jeffrey D Points vs. Olive 66 Condominium Association
Decision Date
2021-09-08
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Jeffrey D Points (petitioner)
    Appeared on their own behalf

Respondent Side

  • MacKenzie Hill (respondent attorney)
    The Brown Law Group, PLLC
    Represented Olive 66 Condominium Association
  • Nathan Tennyson (respondent attorney)
    Represented Olive 66 Condominium Association
  • Cathy Hacker (association manager)
    Olive 66 Condominium Association
    Provided testimony as Association Manager,
  • Musa (individual/contractor)
    Mentioned regarding 1099s and invoices; referred to as 'Musa', and 'M. Sayegh'
  • Lorinda Brown (individual/contractor)
    Mentioned regarding 1099s and invoices

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (ADRE Commissioner)
    Arizona Department of Real Estate

Other Participants

  • Tim (individual)
    Mentioned regarding 1099s/invoices; reportedly 'has not done any work on the property',

FISH, GREG vs. FLYNN LANE BILTMORE ASSOC, INC.

Case Summary

Case ID 14F-H1414007-BFS
Agency DFBLS
Tribunal OAH
Decision Date 2014-11-24
Administrative Law Judge M. Douglas
Outcome The Tribunal found the Respondent violated CC&R 8(B) by not following the percentage-based assessment method. The Petitioner prevailed and was awarded the filing fee reimbursement.
Filing Fees Refunded $550.00
Civil Penalties $200.00

Parties & Counsel

Petitioner Greg Fish Counsel
Respondent Flynn Lane Biltmore Assoc, Inc. Counsel Craig Armstrong

Alleged Violations

CC&R 8(B)

Outcome Summary

The Tribunal found the Respondent violated CC&R 8(B) by not following the percentage-based assessment method. The Petitioner prevailed and was awarded the filing fee reimbursement.

Key Issues & Findings

Incorrect Assessment Method

Petitioner alleged assessments were billed incorrectly as equal splits among units rather than prorated based on proportionate share of Common Expenses as required by CC&Rs. Respondent admitted to the practice but cited historical precedent.

Orders: Respondent shall fully comply with applicable provisions of its CC&Rs in the future. Respondent shall pay Petitioner filing fee of $550.00. Respondent shall pay civil penalty of $200.00.

Filing fee: $550.00, Fee refunded: Yes, Civil penalty: $200.00

Disposition: petitioner_win

Cited:

  • CC&R 8(B)
  • CC&R 7

Video Overview

Audio Overview

Decision Documents

14F-H1414007-BFS Decision – 416772.pdf

Uploaded 2026-04-24T10:49:37 (51.2 KB)

14F-H1414007-BFS Decision – 418764.pdf

Uploaded 2026-04-24T10:49:40 (107.9 KB)

14F-H1414007-BFS Decision – 423789.pdf

Uploaded 2026-04-24T10:49:44 (58.4 KB)

14F-H1414007-BFS Decision – 416772.pdf

Uploaded 2026-01-25T15:30:35 (51.2 KB)

14F-H1414007-BFS Decision – 418764.pdf

Uploaded 2026-01-25T15:30:36 (107.9 KB)

14F-H1414007-BFS Decision – 423789.pdf

Uploaded 2026-01-25T15:30:36 (58.4 KB)

Administrative Hearing Briefing: Greg Fish vs. Flynn Lane Biltmore Assoc., Inc.

Executive Summary

This briefing document details the administrative adjudication of Case No. 14F-H1414007-BFS between Petitioner Greg Fish and Respondent Flynn Lane Biltmore Assoc., Inc. (Biltmore). The dispute centered on Biltmore's long-standing practice of splitting homeowner assessments equally among all units, which directly contradicted the association’s Covenants, Conditions, and Restrictions (CC&Rs) requiring prorated assessments based on a unit's percentage ownership of common elements.

Following a hearing held on November 4, 2014, Administrative Law Judge (ALJ) M. Douglas found that Biltmore had knowingly violated its governing documents for decades. The ALJ ordered Biltmore to align its future billing practices with the CC&Rs, reimburse the Petitioner’s filing fee, and pay a civil penalty. The decision was certified as the final administrative action on January 8, 2015.


Analysis of Key Themes

1. Conflict Between Governing Documents and Historical Practice

The central conflict in this matter was the discrepancy between the recorded CC&Rs and a 46-year-old "policy" of equalized assessments.

  • The CC&R Mandate: Provision 8(B) explicitly states that each owner's share of common expenses shall be "equal to the said Owner’s undivided percentage ownership of the Common Elements."
  • The Historical Deviation: Since 1968, the association split assessments evenly. Respondent testimony suggested that the original developer and subsequent boards felt the price difference between two- and three-bedroom units (initially 43 cents) was too negligible to warrant the complexity of prorated billing.
2. Knowledge and Intransigence of the Board

Testimony revealed that both past and current management were aware of the CC&R requirements but chose not to act until legal pressure was applied.

  • Managerial Awareness: Former community manager Michael Latz confirmed the Board understood they were not following the CC&Rs but continued the equal-split policy regardless.
  • Member Protest: Petitioner Greg Fish testified that he repeatedly informed the association of the improper billing, but the association remained "intransigent."
  • Recent Board Action: While the new Board (installed November 2013) acknowledged the error, they delayed implementing changes until the 2015 budget, claiming they lacked sufficient time to adjust the 2014 budget.
3. Financial Impact and Overcharging

The improper billing method resulted in quantifiable financial harm to owners of smaller units or those with lower percentage ownership.

  • Assessment Discrepancies: While the original difference was cents, testimony indicated that by 2014, the difference between billing methods amounted to approximately $17.00 per month.
  • Calculated Overcharges: Estimates of the Petitioner's overcharges varied between witnesses:
  • Karen Jackson (Petitioner's Manager): Calculated an overcharge of $1,860.68 over six years.
  • Maureen Watrous (Biltmore Manager): Admitted to an overcharge of $1,198.08 over six years, plus $213.33 for a special assessment, totaling $1,411.41.

Important Quotes and Contextual Significance

Quote Source/Context Significance
"The Association at that time did not feel the difference was great enough to split so they moved forward charging both the 2 and 3 bedrooms equal amounts… This policy has not changed in 46 years." Respondent’s Answer to the Petition Admission that the association knowingly ignored its legal governing documents for nearly half a century for the sake of convenience.
"Mr. Latz stated that he and the Board… understood that Biltmore was not following the CC&Rs for assessments. Mr. Latz testified that despite this knowledge, Biltmore continued to split assessments equally." Findings of Fact (Testimony of Michael Latz) Establishes that the violation was not an oversight but a conscious decision by the association's leadership.
"Mr. Tower testified that he believed that the previous Boards had followed the expressed direction of the community." Findings of Fact (Testimony of Thomas E. Tower) Highlights the association's defense that "community preference" took precedence over statutory and contractual obligations.
"This Tribunal concludes that Biltmore violated the charged provision of Biltmore’s CC&R No. 8(B)." Conclusions of Law The definitive legal finding that historical practice does not supersede recorded CC&Rs.

Summary of Testimony

Witness Role Key Evidence Provided
Michael Latz Former Community Manager Credibly testified that the Board knew they were violating CC&Rs but continued the practice anyway.
Gregory James Fish Petitioner / Owner Testified to his repeated, ignored attempts to bring the association into compliance; noted there are four different unit sizes that should be assessed by square footage.
Karen Jackson Petitioner’s Property Manager Provided an analysis showing the Petitioner was overcharged by $1,860.68 over a six-year period.
Maureen Watrous Current Property Manager Acknowledged the overcharges (calculating them at $1,411.41) and noted the Board finally voted on Nov 1, 2014, to comply starting Jan 2015.
Thomas E. Tower Board President Admitted he knew of the percentage assessment requirement since the 1970s but claimed the RTC mandated equalized assessments when it held units in the 1980s.

Actionable Insights and Final Order

The Administrative Law Judge's decision provides a clear framework for HOA governance and the consequences of non-compliance with governing documents:

  • Governing Document Supremacy: Homeowners' associations cannot rely on "historical policy" or "community preference" to override recorded CC&Rs. Any change to assessment methods must be done through formal amendment of the CC&Rs, not by Board vote or custom.
  • Financial Restitution and Penalties:
  • Compliance: Biltmore was ordered to fully comply with CC&R assessment provisions moving forward.
  • Filing Fee Reimbursement: Biltmore was ordered to pay the Petitioner $550.00 within 30 days.
  • Civil Penalty: The Department imposed a $200.00 civil penalty against the association for the violation.
  • Procedural Finality: The decision became the final administrative action after the Department of Fire, Building and Life Safety failed to take action to reject or modify the ALJ's decision by the December 30, 2014, deadline. Parties seeking further relief must petition for a rehearing or seek review in Superior Court.

Study Guide: Greg Fish v. Flynn Lane Biltmore Assoc, Inc. Legal Case Analysis

This study guide provides a comprehensive analysis of the administrative legal proceedings in the case of Greg Fish v. Flynn Lane Biltmore Assoc, Inc. (Case No. 14F-H1414007-BFS). It examines the conflict between established community practices and the legal requirements of condominium governing documents.


Case Overview and Key Concepts

The case centers on a dispute between a unit owner, Greg Fish, and his condominium association, Flynn Lane Biltmore Assoc, Inc. (Biltmore). The primary conflict involves the methodology used to calculate monthly and special assessments.

Central Legal Issue

The core issue was whether Biltmore violated its Covenants, Conditions, and Restrictions (CC&Rs) by billing assessments equally across all units instead of prorating them based on each unit's proportionate share of common expenses, as expressly required by CC&R No. 8(B).

Historical Context and Arguments
  • The 46-Year Practice: Since 1968, the association had split assessments equally. Originally, the difference between two- and three-bedroom units was only $0.43, which the association at the time deemed negligible. By 2014, this difference had grown to approximately $17.00 per month.
  • The RTC Influence: Testimony indicated that during the 1980s, when the Resolution Trust Corporation (RTC) took possession of several units, it mandated the use of equalized assessments.
  • Board Knowledge: Witnesses testified that the Board of Directors was aware they were not following the CC&Rs but continued the equal-split practice, citing community preference and the difficulty of changing the CC&Rs.
The Administrative Process

The case was heard by the Office of Administrative Hearings under the authority of the Arizona Department of Fire, Building and Life Safety. The Administrative Law Judge (ALJ) presided over a hearing where testimony and evidence were presented, leading to a recommended order that was eventually certified as a final agency action.


Short-Answer Practice Questions

1. Who are the primary parties involved in this matter? The Petitioner is Greg Fish, a residence owner and member of the association. The Respondent is Flynn Lane Biltmore Assoc, Inc., a condominium association located in Phoenix, Arizona.

2. What specific provision of the CC&Rs was the Respondent accused of violating? The Respondent was accused of violating CC&R 8(B), which stipulates that a unit owner's proportionate share of assessments shall be equal to the owner’s undivided percentage ownership of the common elements.

3. What was the Respondent’s primary defense for splitting assessments equally? The Respondent argued that the practice had been in place for 46 years, that the original cost difference was minimal ($0.43), and that the majority of unit owners preferred the equalized assessment method.

4. According to the testimony of Maureen Watrous, how much was Greg Fish overcharged over the last two years of regular and special assessments? Ms. Watrous calculated the total overcharge for the last two years to be $1,411.41 ($1,198.08 for regular assessments and $213.33 for a special assessment).

5. What is the standard of proof required in this administrative hearing? The standard of proof is a "preponderance of the evidence," meaning the evidence must persuade the finder of fact that the claim is more likely true than not.

6. What were the specific terms of the ALJ’s Recommended Order? The ALJ ordered Biltmore to:

  • Fully comply with its CC&Rs in the future.
  • Pay the Petitioner’s filing fee of $550.00.
  • Pay a civil penalty of $200.00 to the Department.

Essay Prompts for Deeper Exploration

1. The Supremacy of Governing Documents vs. Historical Practice

Discuss the legal tension between a homeowners' association’s long-standing historical practices and its recorded CC&Rs. In the case of Biltmore, the association knowingly ignored its CC&Rs for over four decades because the "policy had not changed in 46 years." Analyze why the ALJ found the association in violation despite the longevity of the practice and the alleged preference of the majority of the community.

2. Evidence and Witness Credibility in Administrative Hearings

Evaluate the role of witness testimony in establishing the "preponderance of the evidence." Compare the testimony of Michael Latz, the former community manager, with that of Thomas E. Tower, the Board President. How did their admissions regarding the Board's knowledge of the CC&Rs impact the ALJ’s findings of fact and subsequent conclusions of law?

3. The Financial Implications of Assessment Methodologies

Examine the financial impact of the two assessment methods discussed in the case (equal split vs. percentage ownership). Use the data provided by Karen Jackson and Maureen Watrous regarding Mr. Fish's overcharges to explain how a seemingly small monthly discrepancy can result in significant financial liability for an association over time.


Glossary of Important Terms

Term Definition
Administrative Law Judge (ALJ) A presiding officer who conducts hearings and issues decisions for administrative agencies.
A.R.S. § 41-2198.01 The Arizona Revised Statute that permits homeowners or associations to file petitions regarding violations of planned community documents.
CC&Rs Covenants, Conditions, and Restrictions; the legal documents that govern a common interest development.
Common Elements Portions of a condominium or planned community owned by all owners or the association, rather than an individual unit owner.
Motion to Strike A legal request to remove certain portions of a record or pleading.
Petitioner The party who initiates a legal action or petition (in this case, Greg Fish).
Preponderance of the Evidence The standard of proof in most civil and administrative cases; it means a proposition is "more likely true than not."
Prorated Divided or distributed proportionately according to a specific factor (in this case, square footage or percentage of ownership).
Respondent The party against whom a legal action or petition is filed (in this case, Flynn Lane Biltmore Assoc, Inc.).
RTC (Resolution Trust Corporation) A government-owned asset management company that, according to testimony, mandated equalized assessments at Biltmore during the 1980s.
Special Assessment A one-time fee charged to unit owners for unforeseen expenses or specific projects outside the regular budget.

The 46-Year Mistake: Why "We’ve Always Done It This Way" Failed in Greg Fish vs. Biltmore Assoc.

Can a homeowners association legally ignore its own recorded CC&Rs for nearly half a century simply because "it’s always been done that way"? In the administrative case of Greg Fish vs. Flynn Lane Biltmore Assoc, Inc., the Office of Administrative Hearings (OAH) dismantled the myth that community tradition can override recorded property law. This case serves as a stark warning: when a Board’s fiduciary duty to follow the law clashes with administrative convenience, the law—and the homeowners it protects—will eventually prevail.

The Core Conflict: Square Footage vs. Per-Capita Billing

At the heart of the dispute was a fundamental breach of the association's governing documents regarding how monthly assessments were calculated. For 46 years, the association chose "fairness" through equality, rather than the "legality" of pro-rata distribution.

  • The Provision (CC&R 8-B): The recorded documents explicitly mandate that each unit owner’s proportionate share of common expenses must be based on that owner’s "undivided percentage ownership of the Common Elements." In short, assessments must be pro-rata based on square footage.
  • The Practice: Since 1968, the association utilized an "equalized billing" method, splitting assessments evenly across all units regardless of size.
  • The Compounding Error: When the community was developed, the developer noted that the assessment difference between two- and three-bedroom units was a mere 43 cents. Deciding this was negligible, they opted for equal billing. By 2014, however, this administrative shortcut had ballooned into a $17.00 per month discrepancy—a significant financial burden for owners of smaller units.
Testimonial Breakdown: Admissions of Non-Compliance

The hearing revealed a pattern of "knowing non-compliance," where Board members and managers were fully aware of the breach but relied on community inertia to maintain the status quo.

Michael Latz (The "Smoking Gun" Admission) As the former community manager, Mr. Latz provided the most damaging testimony. He admitted that both he and the Board of Directors understood that the association was not following the CC&Rs for assessments. Despite this knowledge, they continued the equal-split method, even as Latz privately harbored concerns that certain unit owners were being forced to pay more than their legal share.

Greg Fish (The Persistent Petitioner) An owner since 2002, Mr. Fish testified to a decade-long struggle against Board "intransigence." He highlighted that while the developer’s original math only considered two unit types, the community actually consists of four distinct unit sizes. Despite his repeated formal protests that the association was in violation of the law, his concerns were ignored until legal action was initiated.

Maureen Watrous (The Transitionary Manager) The current manager acknowledged that the association had been billing incorrectly for decades, including a 2013 special assessment. Notably, she testified that the Board only began taking concrete steps to create a compliant, percentage-based budget for 2015 after Mr. Fish filed his petition.

Thomas Tower (The "Community Preference" Defense) The Board President, an owner since 1976, admitted he had been aware of the pro-rata assessment requirement since the 1970s. He defended the Board’s inaction by claiming they were following the "expressed direction of the community." He also cited a belief—unsupported by recorded amendments—that the equalized method had been mandated by the Resolution Trust Corporation (RTC) during a 1980s receivership period.

The Financial Toll: Calculating the Overcharges

The hearing established the exact cost of the association's failure to follow its own rules. By comparing the analysis of the Petitioner’s representative and the Association’s own manager, the scale of the error over time became undeniable.

Financial Impact Analysis

Source Timeframe Estimated Overcharge
Karen Jackson (Petitioner's Rep) 6 Years $1,860.68
Maureen Watrous (Assoc. Manager) 6 Years $1,198.08
Maureen Watrous (Assoc. Manager) 2 Years $1,411.41*

\Includes a specific $213.33 overcharge from a 2013 special assessment.*

The Administrative Law Judge's Decision

Administrative Law Judge M. Douglas applied the "Preponderance of the Evidence" standard, determining that the Petitioner’s claims were more likely true than not. Given the Association’s own admissions of known non-compliance, the Judge ruled that the Association had violated CC&R 8(B).

Recommended Order: "It is ORDERED that Petitioner be deemed the prevailing party in this matter. It is further ORDERED that Biltmore shall fully comply with the applicable provisions of its CC&Rs in the future. It is further ORDERED that Biltmore shall pay Petitioner his filing fee of $550.00… and pay a civil penalty in the amount of $200.00 to the Department."

Conclusion: Key Takeaways for HOA Boards and Members

The Fish vs. Biltmore case stands as a landmark example of why "tradition" is no defense for a breach of fiduciary duty.

  1. CC&Rs Are Not Suggestions: Recorded governing documents are legally binding contracts. No matter how much time has passed—even 46 years—the Board is the steward of these rules and must follow them until they are formally amended.
  2. Fiduciary Duty Trumps Community Consensus: A Board’s duty is to the law and the recorded documents, not the "preferred direction" of a majority of neighbors. If a community wants to change an assessment method, they must pass a formal amendment, not simply vote to ignore the current rules.
  3. The Cost of Inaction Compounds: What began as a 43-cent oversight became a $17.00-per-month violation. Boards that ignore "small" discrepancies risk substantial legal and financial exposure as those errors grow over decades.
  4. OAH is a Powerful Tool for Redress: This case proves that the Office of Administrative Hearings provides a viable, structured venue for homeowners to hold their associations accountable for violations without the prohibitive costs of Superior Court.

Post-Script: This decision was officially certified as the final administrative decision of the Department of Fire, Building and Life Safety on January 8, 2015, by Acting Director Lewis D. Kowal, after the Department took no action to modify the Administrative Law Judge's recommendation.

Case Participants

Petitioner Side

  • Greg Fish (petitioner)
    Flynn Lane Biltmore Assoc, Inc. (Member)
    Also referred to as Gregory James Fish
  • Karen Jackson (witness)
    Property manager for Mr. Fish

Respondent Side

  • Philip Brown (attorney)
    Brown Alcott, PLLC
  • Craig Armstrong (attorney)
    Brown Alcott, PLLC / Brown-Olcott, PLLC / The Brown Law Group, PLLC
  • Maureen Watrous (witness)
    Flynn Lane Biltmore Assoc, Inc.
    Property manager for Biltmore
  • Thomas E. Tower (witness)
    Flynn Lane Biltmore Assoc, Inc.
    Board President

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
  • Gene Palma (Agency Director)
    Department of Fire, Building and Life Safety
  • Joni Cage (Agency Staff)
    Department of Fire, Building and Life Safety
    c/o for Gene Palma
  • Cruz Serrano (scribe)
    Signatory on mailing list
  • Michael Latz (witness)
    Previous community manager for Biltmore
  • Lewis D. Kowal (Acting Director)
    Office of Administrative Hearings
    Certified the ALJ Decision
  • Rosella J. Rodriguez (scribe)
    Signatory on mailing list for The Brown Law Group