Daniel J Coe v. Maricopa Meadows Homeowners Association

Case Summary

Case ID 21F-H2120029-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-10-12
Administrative Law Judge Adam D. Stone
Outcome none
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Daniel J Coe Counsel
Respondent Maricopa Meadows Homeowners Association Counsel Edith Rudder

Alleged Violations

No violations listed

Outcome Summary

The Office of Administrative Hearings issued an order vacating the scheduled hearing and remanding the matter to the Department of Real Estate, based on the Petitioner's motion to withdraw the rehearing petition.

Why this result: Petitioner withdrew the rehearing petition.

Key Issues & Findings

Motion to Withdraw Rehearing Petition

Petitioner filed a Motion to Withdraw Rehearing Petition, advising that the scheduled hearing was not necessary.

Orders: Hearing vacated and matter remanded to the Department of Real Estate.

Filing fee: $0.00, Fee refunded: No

Disposition: procedural_closure

Analytics Highlights

Topics: withdrawal, procedural, remand

Video Overview

Audio Overview

Decision Documents

21F-H2120029-REL Decision – 916851.pdf

Uploaded 2026-04-28T10:55:51 (51.8 KB)

21F-H2120029-REL Decision – 890760.pdf

Uploaded 2026-04-28T10:56:07 (151.9 KB)

21F-H2120029-REL Decision – 916851.pdf

Uploaded 2026-04-24T11:32:32 (51.8 KB)

21F-H2120029-REL Decision – 890760.pdf

Uploaded 2026-04-24T11:32:40 (151.9 KB)

This summary details the administrative disposition of the legal matter between Daniel J Coe, Petitioner, and Maricopa Meadows Homeowners Association, Respondent, identified as Case No. 21F-H2120029-REL-RHG, before the Office of Administrative Hearings (OAH).

Key Facts and Proceedings:

The Petitioner, Daniel J Coe, was involved in a dispute with the Maricopa Meadows Homeowners Association. A hearing concerning this matter was scheduled before the OAH for October 12, 2021. However, the proceedings were terminated before the scheduled date. On October 8, 2021, the Petitioner filed a Motion to Withdraw Rehearing Petition with the OAH. In this motion, the Petitioner explicitly advised that the scheduled hearing was "not necessary".

Main Issues and Legal Points:

The central legal point addressed in the order was the disposition of the Petitioner’s request for a hearing. The Administrative Law Judge (ALJ), Adam D. Stone, determined that there was sufficient cause to act on the Petitioner's motion to withdraw the petition.

Outcome and Final Decision:

On October 12, 2021, the ALJ issued an ORDER VACATING HEARING. The Order formally vacated the scheduled hearing from the calendar of the Office of Administrative Hearings. Crucially, the Order FURTHER ORDERED remanding this matter to the Department of Real Estate for further action. This administrative decision concluded the OAH's involvement in the pending hearing request, shifting the responsibility for subsequent steps back to the Department of Real Estate.

Questions

Question

Does the number of homeowners ineligible to vote (due to delinquency) lower the number required for a quorum?

Short Answer

No. The quorum is generally calculated based on the total class of membership, and subtracting ineligible voters to lower the quorum threshold is not automatically accepted without specific support.

Detailed Answer

The ALJ rejected the homeowner's argument that the quorum threshold should be lowered by subtracting the 222 members who were ineligible to vote due to delinquent accounts. The quorum remained 10% of the total membership class (1,626), not 10% of the eligible voters.

Alj Quote

Petitioner’s argument that because only 1,404 Members were eligible to vote, that quorum was established at 140 voting Members is erroneous. Moreover, Petitioner provided no statute, regulation, governing document, or other binding case law to support his contention.

Legal Basis

Bylaws Article III Section 3.6

Topic Tags

  • Elections
  • Quorum
  • Voting Rights

Question

What happens to the results of an election if the required quorum is not met?

Short Answer

The election is invalid and no candidates are elected, even if votes were cast.

Detailed Answer

In this case, candidates received over 100 votes each, but because the total number of ballots cast (147) did not meet the quorum requirement (163), no one was elected to the Board.

Alj Quote

Although Alicia Chin received 109 votes, Randy Eilts received 103 votes, Petitioner received 103 votes… none were elected to the Board of Directors because the Association determined that quorum had not been met.

Legal Basis

Bylaws Article III Section 3.6

Topic Tags

  • Elections
  • Quorum
  • Board of Directors

Question

Are CC&Rs considered a legally binding contract?

Short Answer

Yes, CC&Rs constitute an enforceable contract between the HOA and the homeowner.

Detailed Answer

When a person buys a property in an HOA, they agree to be bound by the CC&Rs, creating a contractual relationship.

Alj Quote

When a party buys a residential unit in the development, the party receives a copy of the CC&Rs and agrees to be bound by their terms. Thus, the CC&Rs form an enforceable contract between the Association and each property owner.

Legal Basis

Contract Law

Topic Tags

  • CC&Rs
  • Legal Standards
  • Contracts

Question

Who has the burden of proof in a hearing against an HOA?

Short Answer

The petitioner (the homeowner filing the complaint) bears the burden of proof.

Detailed Answer

The homeowner must prove that the HOA violated the statutes or documents by a 'preponderance of the evidence.'

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1243.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • Procedure
  • Burden of Proof
  • Evidence

Question

What evidence is required to win a dispute about interpreting bylaws?

Short Answer

You generally need to provide statutes, regulations, governing documents, or binding case law that supports your interpretation.

Detailed Answer

The ALJ denied the petition partly because the homeowner offered only an argument without supporting legal authority to counter the plain text of the bylaws.

Alj Quote

Petitioner provided no statute, regulation, governing document, or other binding case law to support his contention. Here, the clear authority lies within the plain text of Article III Section 3.6.

Legal Basis

Administrative Law

Topic Tags

  • Evidence
  • Legal Interpretation
  • Bylaws

Question

Does the Administrative Law Judge have the power to interpret the HOA's contract/CC&Rs?

Short Answer

Yes, the Office of Administrative Hearings (OAH) has the authority to interpret the contract between the parties.

Detailed Answer

The tribunal is authorized to hear disputes and interpret the governing documents (the contract) to resolve the case.

Alj Quote

Pursuant to ARIZ. REV. STAT. §§ 32-2199(2)… OAH has the authority to hear and decide the contested case at bar. OAH also has the authority to interpret the contract between the parties.

Legal Basis

ARIZ. REV. STAT. §§ 32-2199

Topic Tags

  • Jurisdiction
  • OAH Authority
  • Contracts

Question

What does 'preponderance of the evidence' mean in an HOA hearing?

Short Answer

It means the evidence shows the claim is more probably true than not.

Detailed Answer

It is the greater weight of convincing evidence, enough to incline a fair mind to one side, even if doubts remain.

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 Standards
  • Definitions
  • Evidence

Case

Docket No
21F-H2120029-REL
Case Title
Daniel J. Coe v. Maricopa Meadows Homeowners Association
Decision Date
2021-06-24
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Questions

Question

Does the number of homeowners ineligible to vote (due to delinquency) lower the number required for a quorum?

Short Answer

No. The quorum is generally calculated based on the total class of membership, and subtracting ineligible voters to lower the quorum threshold is not automatically accepted without specific support.

Detailed Answer

The ALJ rejected the homeowner's argument that the quorum threshold should be lowered by subtracting the 222 members who were ineligible to vote due to delinquent accounts. The quorum remained 10% of the total membership class (1,626), not 10% of the eligible voters.

Alj Quote

Petitioner’s argument that because only 1,404 Members were eligible to vote, that quorum was established at 140 voting Members is erroneous. Moreover, Petitioner provided no statute, regulation, governing document, or other binding case law to support his contention.

Legal Basis

Bylaws Article III Section 3.6

Topic Tags

  • Elections
  • Quorum
  • Voting Rights

Question

What happens to the results of an election if the required quorum is not met?

Short Answer

The election is invalid and no candidates are elected, even if votes were cast.

Detailed Answer

In this case, candidates received over 100 votes each, but because the total number of ballots cast (147) did not meet the quorum requirement (163), no one was elected to the Board.

Alj Quote

Although Alicia Chin received 109 votes, Randy Eilts received 103 votes, Petitioner received 103 votes… none were elected to the Board of Directors because the Association determined that quorum had not been met.

Legal Basis

Bylaws Article III Section 3.6

Topic Tags

  • Elections
  • Quorum
  • Board of Directors

Question

Are CC&Rs considered a legally binding contract?

Short Answer

Yes, CC&Rs constitute an enforceable contract between the HOA and the homeowner.

Detailed Answer

When a person buys a property in an HOA, they agree to be bound by the CC&Rs, creating a contractual relationship.

Alj Quote

When a party buys a residential unit in the development, the party receives a copy of the CC&Rs and agrees to be bound by their terms. Thus, the CC&Rs form an enforceable contract between the Association and each property owner.

Legal Basis

Contract Law

Topic Tags

  • CC&Rs
  • Legal Standards
  • Contracts

Question

Who has the burden of proof in a hearing against an HOA?

Short Answer

The petitioner (the homeowner filing the complaint) bears the burden of proof.

Detailed Answer

The homeowner must prove that the HOA violated the statutes or documents by a 'preponderance of the evidence.'

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1243.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • Procedure
  • Burden of Proof
  • Evidence

Question

What evidence is required to win a dispute about interpreting bylaws?

Short Answer

You generally need to provide statutes, regulations, governing documents, or binding case law that supports your interpretation.

Detailed Answer

The ALJ denied the petition partly because the homeowner offered only an argument without supporting legal authority to counter the plain text of the bylaws.

Alj Quote

Petitioner provided no statute, regulation, governing document, or other binding case law to support his contention. Here, the clear authority lies within the plain text of Article III Section 3.6.

Legal Basis

Administrative Law

Topic Tags

  • Evidence
  • Legal Interpretation
  • Bylaws

Question

Does the Administrative Law Judge have the power to interpret the HOA's contract/CC&Rs?

Short Answer

Yes, the Office of Administrative Hearings (OAH) has the authority to interpret the contract between the parties.

Detailed Answer

The tribunal is authorized to hear disputes and interpret the governing documents (the contract) to resolve the case.

Alj Quote

Pursuant to ARIZ. REV. STAT. §§ 32-2199(2)… OAH has the authority to hear and decide the contested case at bar. OAH also has the authority to interpret the contract between the parties.

Legal Basis

ARIZ. REV. STAT. §§ 32-2199

Topic Tags

  • Jurisdiction
  • OAH Authority
  • Contracts

Question

What does 'preponderance of the evidence' mean in an HOA hearing?

Short Answer

It means the evidence shows the claim is more probably true than not.

Detailed Answer

It is the greater weight of convincing evidence, enough to incline a fair mind to one side, even if doubts remain.

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 Standards
  • Definitions
  • Evidence

Case

Docket No
21F-H2120029-REL
Case Title
Daniel J. Coe v. Maricopa Meadows Homeowners Association
Decision Date
2021-06-24
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Daniel J. Coe (petitioner)
    Also a candidate for Board Member Elect
  • Randy Eilts (board member candidate)
    Also listed as an observer
  • Summer Wierth (board member candidate)
    Also listed as an observer
  • Alicia Chin (board member candidate)
  • Albert Barnes (board member candidate)

Respondent Side

  • Ed O’Brien (attorney)
    Maricopa Meadows Homeowners Association
  • Michael LaPoint (witness)
  • Lydia A. Peirce Linsmeier (attorney)
    Carpenter, Hazelwood, Delgado & Bolen LLP
    Counsel for Respondent
  • Edith Rudder (attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC
    Counsel for Respondent in later filing

Neutral Parties

  • Jenna Clark (ALJ)
    OAH
    Issued Administrative Law Judge Decision
  • Judy Lowe (ADRE Commissioner)
    Arizona Department of Real Estate
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
  • Adam D. Stone (ALJ)
    OAH
    Issued Order Vacating Hearing
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • c. serrano (OAH staff)
    OAH
    Transmitting staff

Other Participants

  • Andrea Chin (observer)