Rex E. Duffett vs. Suntech Patio Homes Homeowners Association

Case Summary

Case ID 18F-H1818025-REL, 18F-H1818027-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-24
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Rex E. Duffett Counsel
Respondent Suntech Patio Homes Homeowners Association Counsel Nathan Tennyson

Alleged Violations

CC&Rs Amendment (March 1993)
A.R.S. § 33-1805(A)

Outcome Summary

The ALJ denied the maintenance claim because the Petitioner failed to prove the existence of the damage with unclear evidence. The ALJ granted the records request claim because the HOA failed to respond to the Petitioner's request within the required 10 days. The HOA was ordered to pay the Petitioner's filing fee of $500.00.

Why this result: Insufficient evidence to substantiate the maintenance claim.

Key Issues & Findings

Failure to repair and paint exterior walls

Petitioner alleged the HOA failed to respond to repeated requests to repair cracks and paint the exterior walls of his unit.

Orders: Denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lost

Cited:

  • 4
  • 17
  • 18

Failure to provide records

Petitioner alleged the HOA failed to provide requested meeting notices and minutes within the statutory 10-day timeframe following a request made on December 22, 2017.

Orders: Respondent ordered to comply with A.R.S. § 33-1805(A) in the future.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 19
  • 20
  • 21

Decision Documents

18F-H1818027-REL Decision – 630610.pdf

Uploaded 2026-01-27T21:14:18 (114.0 KB)

**Case Overview**
The following is a summary of the administrative hearing for consolidated cases *Rex E. Duffett v. Suntech Patio Homes Homeowners Association* (Nos. 18F-H1818025-REL and 18F-H1818027-REL). The hearing took place on April 4, 2018, before Administrative Law Judge Tammy L. Eigenheer,. While the hearing addressed two petitions, the following summary focuses primarily on Case No. 18F-H1818027-REL as requested.

**Case No. 18F-H1818027-REL (Records Request)**

* **Key Facts and Main Issue:**
The Petitioner filed a complaint alleging the Respondent failed to comply with A.R.S. § 33-1805(A) regarding a request for documents made on December 22, 2017. The Petitioner had faxed a request to the Respondent’s management company seeking meeting notices and minutes related to discussions of rules, regulations, and dues increases,. Under A.R.S. § 33-1805(A), an association must make financial and other records reasonably available for examination within ten business days of a request.

* **Hearing Arguments:**
The Respondent was represented by new management (Pride Community Management), which had taken over from the previous company (The Management Trust) on February 1, 2018. The Respondent argued that the previous management company left sparse records and failed to communicate the request,. Additionally, the Respondent argued that the Petitioner's request regarding meetings where "rules and regulations were discussed" was unclear because such topics are discussed at virtually every meeting.

* **Legal Findings:**
The Administrative Law Judge determined that while the Petitioner’s request was "somewhat vague," it was clearly a request for documents. The Judge ruled that the Respondent’s former management company failed to respond or request clarification within the ten-day statutory window. Consequently, the Petitioner established by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1805(A).

* **Outcome:**
The Petitioner was deemed the prevailing party in this matter.

**Consolidated Case Context (Case No. 18F-H1818025-REL)**
In the accompanying consolidated case, the Petitioner alleged the Respondent failed to repair cracks in the exterior walls of his unit. The Judge denied this petition, finding that the black-and-white photographs submitted by the Petitioner were insufficient to prove the existence or severity of the alleged damage by a preponderance of the evidence,.

**Final Decision and Order**
Based on the findings in Case No. 18F-H1818027-REL, the Administrative Law Judge ordered the following:

Case Participants

Petitioner Side

  • Rex E. Duffett (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nathan Tennyson (attorney)
    Brown/Olcott, PLLC
    Represented Respondent
  • Rebecca Stowers (witness)
    Pride Community Management
    Community Manager; testified at hearing
  • Shawn Mason (property manager)
    The Management Trust
    Provided initial responses to petitions; former management
  • Frank Peake (witness)
    Pride Community Management
    Owner of Pride; testified at hearing

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate
    Listed on distribution list
  • F. Del Sol (administrative staff)
    Office of Administrative Hearings
    Transmitted the decision
  • L. Dettorre (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • A. Hansen (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • D. Jones (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • D. Gardner (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list
  • N. Cano (agency staff)
    Arizona Department of Real Estate
    Listed on distribution list