Tag Archives: Adam D. Stone

Megan E Gardner v. Woodland Valley Ranch Property Owners Association,

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Case Summary

Case ID23F-H061-REL
AgencyADRE
TribunalOAH
Decision Date2023-10-16
Administrative Law JudgeAdam D. Stone
OutcomeThe ALJ affirmed the petition, finding the Respondent HOA violated CC&Rs, Article 3, Section G by failing to provide 30 days' notice prior to the 2023 assessment increase. The Respondent was ordered to reimburse the Petitioner's filing fee.
Filing Fee Reimbursement$500.00
Civil Penalties$0.00

Parties & Counsel

PetitionerMegan E GardnerCounsel—
RespondentWoodland Valley Ranch Property Owners Association, Inc.CounselKyle A. von Johnson and Edith I. Rudder

Alleged Violations

CC&Rs, Article 3, Section G

Outcome Summary

The ALJ affirmed the petition, finding the Respondent HOA violated CC&Rs, Article 3, Section G by failing to provide 30 days' notice prior to the 2023 assessment increase. The Respondent was ordered to reimburse the Petitioner's filing fee.

Key Issues & Findings

Failure to provide 30-day notice for 2023 dues increase

The HOA increased annual dues from $200.00 to $240.00 effective 1/1/2023 due to a financial crisis caused by embezzlement, but failed to provide the required 30-day written notice as mandated by the CC&Rs. Although the increase was later refunded, the ALJ affirmed the petition finding the HOA failed to comply with the CC&Rs.

Orders: Petitioner's petition is affirmed. Respondent is ordered to reimburse Petitioner's $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:
  • CC&Rs, Article 3, Section G
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.

Analytics Highlights

Topics: HOA Dues Increase, Notice Violation, CC&R Violation, Embezzlement, Filing Fee Refund, Assessment Timing
Additional Citations:
  • CC&Rs, Article 3, Section G
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09

Video Overview

Audio Overview

Case Documents

23F-H061-REL Decision – 1077230.pdf

Uploaded 2026-04-24T12:12:40 (41.5 KB)

23F-H061-REL Decision – 1095389.pdf

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23F-H061-REL Decision – 1095762.pdf

Uploaded 2026-04-24T12:12:51 (6.7 KB)

23F-H061-REL Decision – 1102356.pdf

Uploaded 2026-04-24T12:12:57 (110.9 KB)

This summary addresses the hearing proceedings, key arguments, and final decision in the case of *Megan E Gardner v Woodland Valley Ranch Property Owners Association, Inc.* (No. 23F-H061-REL), heard by Administrative Law Judge (ALJ) Adam D. Stone on October 2, 2023.

Key Facts and Main Issues

The dispute centered on the Association’s increase of the annual assessment from $200.00 to $240.00 for the 2023 calendar year.

Petitioner's Claim: Megan E. Gardner alleged the Association violated the Covenants, Conditions, and Restrictions (CCRs), specifically Article 3, Section G, which requires the regular assessment amount to be fixed and noticed at least thirty (30) days prior to the end of the calendar year (i.e., by December 1st). The Board voted on the increase on December 16, 2022, missing the required deadline.

Association's Defense (Respondent): The Association, represented by counsel, argued the violation was necessary due to extraordinary circumstances. The former property manager had embezzled nearly $500,000.00 of the Association’s funds in late 2022, leading to financial collapse. Facing an urgent $110,000.00 debt to the road maintenance contractor (crucial for maintaining 200 miles of necessary roadways), the Board had "no choice" but to raise rates to secure immediate funds. The Association asserted that the CCRs did not contemplate such a crisis.

Key Arguments and Legal Points

Respondent's Argument for Mootness: The Association testified that by April 2023, they recovered $387,000.00 in insurance proceeds. Consequently, they paid the debt and issued a $40.00 credit (refund) to all members around May 25, 2023. The Association argued that since the challenged assessment increase was refunded, the petition was moot.

Petitioner's Counter-Argument (Focus on Correction): Gardner received the refund but contended that the issue was not moot. She argued that a refund is not a correction. Gardner sought corrective action requiring the Board to create a formal written record and ensure transparency. She noted that the member portal still incorrectly displayed the $240.00 assessment amount, demonstrating a failure to correct the records and potentially confusing new homeowners. She emphasized that the Board must conduct business according to the CCRs going forward.

Outcome and Final Decision

The Administrative Law Judge issued a Decision on October 16, 2023, concluding that the Petitioner met her burden of proving the CCR violation by a preponderance of the evidence.

Legal Finding: The ALJ affirmed that while he sympathized with the "untenable and horrible position" the Association faced, the Board failed to comply with the CCR’s mandatory 30-day notice provision for the 2023 Assessment.

Order:

  1. Petitioner’s petition was affirmed.
  2. The Association was ORDERED to reimburse Petitioner’s filing fee ($500.00) pursuant to ARIZ. REV. STAT. § 32-2199.02(A), despite Gardner testifying that she was not seeking reimbursement.
  3. No civil penalty was awarded, as the Petitioner did not request one.

Questions

Question

Can my HOA raise dues without proper notice if they are facing a severe financial emergency?

Short Answer

No, financial crises do not exempt the HOA from following the notice timelines in the CC&Rs.

Detailed Answer

The ALJ ruled that even though the HOA was in an 'untenable' position due to embezzlement and urgent debts, they were still strictly bound to provide the specific notice (30 days in this case) required by the governing documents before increasing assessments.

Alj Quote

First, while the tribunal sympathizes with the untenable and horrible position that the Association was facing, it still failed to comply with the CCR’s, by not providing the 30 day notice prior to the 2023 yearly Assessment.

Legal Basis

CC&Rs Compliance

Topic Tags

  • Assessments
  • Emergency Powers
  • Notice Requirements

Question

If I win my hearing, will I get my filing fee back even if I tell the judge I don't want it?

Short Answer

Yes, the statute requires the filing fee to be reimbursed if the petitioner prevails, regardless of their personal preference.

Detailed Answer

The judge ordered the HOA to reimburse the $500 filing fee because the relevant statute (A.R.S. § 32-2199.01) binds the tribunal to order reimbursement when the petitioner wins, even though the homeowner explicitly testified she did not wish to recover it.

Alj Quote

At hearing, Petitioner testified that she did not wish to recovery her filing fee, the tribunal is bound by the statute to order the same.

Legal Basis

A.R.S. § 32-2199.01; A.R.S. § 32-2199.02(A)

Topic Tags

  • Filing Fees
  • Reimbursement
  • Statutory Mandates

Question

What level of proof do I need to provide to win a dispute against my HOA?

Short Answer

You must prove your case by a 'preponderance of the evidence,' meaning your claim is more probable than not.

Detailed Answer

The homeowner bears the burden of proof. The standard is not 'beyond a reasonable doubt' (like in criminal cases), but rather showing that the evidence is sufficient to incline a fair mind to one side over the other.

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

A.R.S. § 33-1804(D); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Standards
  • Evidence

Question

Will the judge automatically fine the HOA if I prove they violated the rules?

Short Answer

No, if you do not specifically request a civil penalty in your petition, the judge generally will not award one.

Detailed Answer

In this case, although the HOA was found in violation, the judge ordered that no civil penalty be awarded specifically because the petitioner did not include a request for a penalty in her initial paperwork.

Alj Quote

IT IS FURTHER ORDERED that no civil penalty be awarded as Petitioner did not request the same in her Petition.

Legal Basis

Administrative Discretion

Topic Tags

  • Civil Penalties
  • Fines
  • Petition Drafting

Question

If the HOA fixes the problem (like refunding money) before the decision, is the case dismissed?

Short Answer

Not necessarily; the judge may still issue a decision affirming the violation occurred.

Detailed Answer

The HOA had already refunded the improper assessment increase to members before the decision was written. However, the ALJ still issued an order affirming the petition and finding that the HOA had failed to comply with the CC&Rs.

Alj Quote

The tribunal finds that Petitioner has met her burden. … Fortunately for the Association and the homeowners, it … was able to issue a refund of $40.00 to its members.

Legal Basis

Mootness (Implicitly Rejected)

Topic Tags

  • Refunds
  • Violations
  • Case Outcomes

Case

Docket No
23F-H061-REL
Case Title
Megan E Gardner v Woodland Valley Ranch Property Owners Association, Inc.
Decision Date
2023-10-16
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA raise dues without proper notice if they are facing a severe financial emergency?

Short Answer

No, financial crises do not exempt the HOA from following the notice timelines in the CC&Rs.

Detailed Answer

The ALJ ruled that even though the HOA was in an 'untenable' position due to embezzlement and urgent debts, they were still strictly bound to provide the specific notice (30 days in this case) required by the governing documents before increasing assessments.

Alj Quote

First, while the tribunal sympathizes with the untenable and horrible position that the Association was facing, it still failed to comply with the CCR’s, by not providing the 30 day notice prior to the 2023 yearly Assessment.

Legal Basis

CC&Rs Compliance

Topic Tags

  • Assessments
  • Emergency Powers
  • Notice Requirements

Question

If I win my hearing, will I get my filing fee back even if I tell the judge I don't want it?

Short Answer

Yes, the statute requires the filing fee to be reimbursed if the petitioner prevails, regardless of their personal preference.

Detailed Answer

The judge ordered the HOA to reimburse the $500 filing fee because the relevant statute (A.R.S. § 32-2199.01) binds the tribunal to order reimbursement when the petitioner wins, even though the homeowner explicitly testified she did not wish to recover it.

Alj Quote

At hearing, Petitioner testified that she did not wish to recovery her filing fee, the tribunal is bound by the statute to order the same.

Legal Basis

A.R.S. § 32-2199.01; A.R.S. § 32-2199.02(A)

Topic Tags

  • Filing Fees
  • Reimbursement
  • Statutory Mandates

Question

What level of proof do I need to provide to win a dispute against my HOA?

Short Answer

You must prove your case by a 'preponderance of the evidence,' meaning your claim is more probable than not.

Detailed Answer

The homeowner bears the burden of proof. The standard is not 'beyond a reasonable doubt' (like in criminal cases), but rather showing that the evidence is sufficient to incline a fair mind to one side over the other.

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

A.R.S. § 33-1804(D); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Standards
  • Evidence

Question

Will the judge automatically fine the HOA if I prove they violated the rules?

Short Answer

No, if you do not specifically request a civil penalty in your petition, the judge generally will not award one.

Detailed Answer

In this case, although the HOA was found in violation, the judge ordered that no civil penalty be awarded specifically because the petitioner did not include a request for a penalty in her initial paperwork.

Alj Quote

IT IS FURTHER ORDERED that no civil penalty be awarded as Petitioner did not request the same in her Petition.

Legal Basis

Administrative Discretion

Topic Tags

  • Civil Penalties
  • Fines
  • Petition Drafting

Question

If the HOA fixes the problem (like refunding money) before the decision, is the case dismissed?

Short Answer

Not necessarily; the judge may still issue a decision affirming the violation occurred.

Detailed Answer

The HOA had already refunded the improper assessment increase to members before the decision was written. However, the ALJ still issued an order affirming the petition and finding that the HOA had failed to comply with the CC&Rs.

Alj Quote

The tribunal finds that Petitioner has met her burden. … Fortunately for the Association and the homeowners, it … was able to issue a refund of $40.00 to its members.

Legal Basis

Mootness (Implicitly Rejected)

Topic Tags

  • Refunds
  • Violations
  • Case Outcomes

Case

Docket No
23F-H061-REL
Case Title
Megan E Gardner v Woodland Valley Ranch Property Owners Association, Inc.
Decision Date
2023-10-16
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Megan E Gardner (petitioner)
    Property owner of Parcel 222

Respondent Side

  • Kyle A. von Johnson (HOA attorney)
    Woodland Valley Ranch Property Owners Association, Inc.
  • Edith I. Rudder (HOA attorney)
    Woodland Valley Ranch Property Owners Association, Inc.
  • Ronald Carter (Treasurer/Witness)
    Woodland Valley Ranch Property Owners Association, Inc.
    Treasurer since June 2022. Referred to as 'Ronald Cotter' in the ALJ Decision Findings of Fact.
  • David Goodman (Witness)
    Woodland Valley Ranch Property Owners Association, Inc.
    Appeared remotely; recruited to serve as President after previous board members resigned.

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings (OAH)
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate (ADRE)
  • AHansen (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal
  • vnunez (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal
  • djones (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal
  • labril (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal

Jennifer J Sullivan v. The Village at Elk Run Homeowners Association,

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Case Summary

Case ID23F-H043-REL
AgencyADRE
TribunalOAH
Decision Date2023-08-08
Administrative Law JudgeAdam D. Stone
OutcomeThe Administrative Law Judge denied the Petitioner's petition, finding that the HOA's CC&Rs (Section 4.1) prohibited nonresidential use, including short-term renting (deemed a business by the tribunal), unless the lot was rented or leased for month-to-month or longer terms. Therefore, rentals shorter than a month were prohibited.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerJennifer J SullivanCounsel—
RespondentThe Village at Elk Run Homeowners Association, Inc.CounselMichael S. McLeran

Alleged Violations

Article 4, Section 4.1 of the Community’s CC&Rs; ARIZ. REV. STAT. § 33-1804(D)

Outcome Summary

The Administrative Law Judge denied the Petitioner's petition, finding that the HOA's CC&Rs (Section 4.1) prohibited nonresidential use, including short-term renting (deemed a business by the tribunal), unless the lot was rented or leased for month-to-month or longer terms. Therefore, rentals shorter than a month were prohibited.

Why this result: The tribunal determined the Petitioner failed to meet her burden, as her short-term rental operation constituted a prohibited nonresidential use/business under Section 4.1 of the CC&Rs, which only permits leasing for Month to Month or Longer Terms.

Key Issues & Findings

Challenging HOA Violation Notice for Short-Term Rental Restriction

Petitioner challenged the Courtesy Violation Notice issued by the HOA for operating a short-term rental (Airbnb) with a minimum rental period less than month-to-month, arguing the CC&Rs did not explicitly prohibit such rentals. The HOA maintained that Section 4.1 prohibited nonresidential use, unless leased for month-to-month or longer terms, thereby prohibiting short-term rentals/business use.

Orders: Petitioner’s petition was denied. Respondent shall not reimburse Petitioner’s filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • PAL versus Washburn 211 Arizona 553 2006
  • Burke versus Voiceream Wireless Corporation 2 2007 Arizona 393 quarter of appeal 2004
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(D), 32-2199.02, and 41-1092

Analytics Highlights

Topics: HOA governance, short-term rental, CC&R interpretation, business use, 30-day minimum
Additional Citations:
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • PAL versus Washburn 211 Arizona 553 2006
  • Burke versus Voiceream Wireless Corporation 2 2007 Arizona 393 quarter of appeal 2004
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(D), 32-2199.02, and 41-1092

Video Overview

Audio Overview

Case Documents

23F-H043-REL Decision – 1050430.pdf

Uploaded 2026-04-24T12:07:40 (47.3 KB)

23F-H043-REL Decision – 1081482.pdf

Uploaded 2026-04-24T12:07:50 (59.0 KB)

23F-H043-REL Decision – 1081483.pdf

Uploaded 2026-04-24T12:08:00 (117.7 KB)

Case Summary: Jennifer J. Sullivan vs. The Village at Elk Run Homeowners Association, Inc.

This matter (No. 23F-H043-REL) was a contested case before the Office of Administrative Hearings (OAH), heard on July 24, 2023, by Administrative Law Judge (ALJ) Adam D. Stone. Petitioner Jennifer J. Sullivan, a homeowner in The Village at Elk Run Homeowners Association, Inc. (Respondent), challenged a violation notice she received for operating a short-term rental (Airbnb).

Key Facts and Background

Petitioner Sullivan had owned her townhome since 2006 and began renting it on a short-term basis (minimum 3 days) through Airbnb in September 2021. She testified that she had registered for a Transaction Privilege Tax number and was pursuing a license under new city rules, acknowledging that the rental was a business. The Association issued a Courtesy Violation Notice on November 22, 2022, citing a violation of Article 4, Section 4.1 of the community's Covenants, Conditions, and Restrictions (CC&Rs) due to the short-term rental operation.

Main Issues and Arguments

The core legal issue centered on the interpretation of CC&R Section 4.1, titled "Residential Use":

> "All Lots shall be used, improved and devoted exclusively to Single family Residential Use. No gainful occupation, profession, trade or other nonresidential use shall be conducted on any Lot. This Section shall not preclude the Residential Leasing or Renting of a Lot for Month to Month or Longer Terms".

  1. Petitioner's Argument: Sullivan contended that the CC&Rs do not contain an explicit minimum rental period, and therefore, rentals shorter than 30 days are permissible. She argued that Arizona law (ARS 33-1806.01) requires HOAs to list a minimum rental period if they intend to restrict short-term leasing, which the Elk Run CC&Rs failed to do. She asserted that renting a home is considered a residential use.
  1. Respondent's Argument: The Association, represented by Michael McLeran, argued that Section 4.1 must be read in its entirety to uphold the community's character. They asserted that operating a short-term rental for profit (as evidenced by Petitioner's tax licensing) constitutes a "gainful occupation, profession, trade or other nonresidential use," which is prohibited. The final sentence of Section 4.1 allowing "Month to Month or Longer Terms" clarifies the *only* exception where renting for profit is permitted, thereby implicitly prohibiting shorter-term rentals. Testimony from the original CC&R signatory, John Vail, supported the intent for a minimum 30-day rental period.

Outcome and Legal Decision

The ALJ issued a Decision on August 8, 2023, denying the Petitioner's petition.

The ALJ found that Petitioner Sullivan failed to meet her burden of proving that the Association violated relevant statutes or documents. The tribunal concluded that Sullivan was "clearly running a business out of the home".

The ALJ adopted the Respondent's interpretation of Section 4.1: nonresidential use (i.e., operating a rental business for gainful occupation) is *only* permitted if the lots are rented or leased for month to month or longer terms. Thus, the ALJ ruled that, as currently written, any renting or leasing shorter than a month was prohibited.

The Petitioner's request for reimbursement of her $500 filing fee was also denied.

Questions

Question

If my CC&Rs allow leasing for 'month to month or longer terms', does that automatically prohibit short-term rentals like Airbnb?

Short Answer

Yes. The tribunal interprets 'month to month or longer' as an exclusive permission, meaning any rental term shorter than a month is prohibited.

Detailed Answer

Even if the CC&Rs do not explicitly state 'no short-term rentals', a clause permitting 'month to month or longer' terms generally implies that shorter terms are not permitted under the restrictions against non-residential use.

Alj Quote

Rather the tribunal reads the section to mean that nonresidential use is only permitted if the lots were rented or leased for month to month or longer terms. … Thus, as currently written, any renting or leasing shorted than a month was prohibited.

Legal Basis

Contract Interpretation / CC&R Section 4.1

Topic Tags

  • short-term rentals
  • CC&R interpretation
  • Airbnb

Question

Can listing a home on Airbnb be legally considered 'running a business' or 'non-residential use'?

Short Answer

Yes. Applying for a business license and remitting transaction privilege taxes can establish that a homeowner is conducting a business from the home.

Detailed Answer

The ALJ found that applying for a municipal business license and paying transaction taxes (which are typical for rentals) demonstrated that the homeowner was using the property for a gainful occupation or business, rather than simple residential use.

Alj Quote

Petitioner was clearly running a business out of the home, as she has applied for a business license with Flagstaff, and was remitting Transaction Privilege Tax.

Legal Basis

Finding of Fact 6 / Conclusion of Law 6

Topic Tags

  • business use
  • taxes
  • commercial activity

Question

Does an HOA have to explicitly use the phrase 'no short-term rentals' in the CC&Rs to ban them?

Short Answer

No. The absence of a specific exclusion for short-term rentals does not mean they are permitted if other language restricts leasing terms.

Detailed Answer

The ALJ rejected the argument that short-term rentals were allowed simply because the CC&Rs didn't explicitly name and ban them. The restrictions on non-residential use and specific permissions for monthly rentals were sufficient to create the ban.

Alj Quote

Further, tribunal was not convinced that simply because it does not mention the exclusion for short-term rentals that the same was permitted.

Legal Basis

Conclusion of Law 6

Topic Tags

  • CC&R interpretation
  • implicit restrictions
  • rental rules

Question

Who has to prove their case in a hearing regarding an HOA dispute?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

When a homeowner petitions for a hearing alleging the HOA violated statutes or documents, it is the homeowner's responsibility to prove the violation 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. § 33-1804(D).

Legal Basis

Conclusion of Law 3

Topic Tags

  • burden of proof
  • legal procedure
  • evidence

Question

If I lose my hearing against the HOA, will I get my $500 filing fee reimbursed?

Short Answer

No. Reimbursement is typically denied if the petition is denied.

Detailed Answer

The ALJ ordered that because the petition was denied, the Respondent (HOA) was not required to reimburse the filing fee paid by the homeowner.

Alj Quote

IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall not reimburse Petitioner’s filing fee as required by ARIZ. REV. STAT. § 32-2199.01.

Legal Basis

Order / ARS § 32-2199.02(A)

Topic Tags

  • fees
  • penalties
  • costs

Case

Docket No
23F-H043-REL
Case Title
Jennifer J Sullivan vs The Village at Elk Run Homeowners Association, Inc.
Decision Date
2023-08-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

If my CC&Rs allow leasing for 'month to month or longer terms', does that automatically prohibit short-term rentals like Airbnb?

Short Answer

Yes. The tribunal interprets 'month to month or longer' as an exclusive permission, meaning any rental term shorter than a month is prohibited.

Detailed Answer

Even if the CC&Rs do not explicitly state 'no short-term rentals', a clause permitting 'month to month or longer' terms generally implies that shorter terms are not permitted under the restrictions against non-residential use.

Alj Quote

Rather the tribunal reads the section to mean that nonresidential use is only permitted if the lots were rented or leased for month to month or longer terms. … Thus, as currently written, any renting or leasing shorted than a month was prohibited.

Legal Basis

Contract Interpretation / CC&R Section 4.1

Topic Tags

  • short-term rentals
  • CC&R interpretation
  • Airbnb

Question

Can listing a home on Airbnb be legally considered 'running a business' or 'non-residential use'?

Short Answer

Yes. Applying for a business license and remitting transaction privilege taxes can establish that a homeowner is conducting a business from the home.

Detailed Answer

The ALJ found that applying for a municipal business license and paying transaction taxes (which are typical for rentals) demonstrated that the homeowner was using the property for a gainful occupation or business, rather than simple residential use.

Alj Quote

Petitioner was clearly running a business out of the home, as she has applied for a business license with Flagstaff, and was remitting Transaction Privilege Tax.

Legal Basis

Finding of Fact 6 / Conclusion of Law 6

Topic Tags

  • business use
  • taxes
  • commercial activity

Question

Does an HOA have to explicitly use the phrase 'no short-term rentals' in the CC&Rs to ban them?

Short Answer

No. The absence of a specific exclusion for short-term rentals does not mean they are permitted if other language restricts leasing terms.

Detailed Answer

The ALJ rejected the argument that short-term rentals were allowed simply because the CC&Rs didn't explicitly name and ban them. The restrictions on non-residential use and specific permissions for monthly rentals were sufficient to create the ban.

Alj Quote

Further, tribunal was not convinced that simply because it does not mention the exclusion for short-term rentals that the same was permitted.

Legal Basis

Conclusion of Law 6

Topic Tags

  • CC&R interpretation
  • implicit restrictions
  • rental rules

Question

Who has to prove their case in a hearing regarding an HOA dispute?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

When a homeowner petitions for a hearing alleging the HOA violated statutes or documents, it is the homeowner's responsibility to prove the violation 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. § 33-1804(D).

Legal Basis

Conclusion of Law 3

Topic Tags

  • burden of proof
  • legal procedure
  • evidence

Question

If I lose my hearing against the HOA, will I get my $500 filing fee reimbursed?

Short Answer

No. Reimbursement is typically denied if the petition is denied.

Detailed Answer

The ALJ ordered that because the petition was denied, the Respondent (HOA) was not required to reimburse the filing fee paid by the homeowner.

Alj Quote

IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall not reimburse Petitioner’s filing fee as required by ARIZ. REV. STAT. § 32-2199.01.

Legal Basis

Order / ARS § 32-2199.02(A)

Topic Tags

  • fees
  • penalties
  • costs

Case

Docket No
23F-H043-REL
Case Title
Jennifer J Sullivan vs The Village at Elk Run Homeowners Association, Inc.
Decision Date
2023-08-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Jennifer J Sullivan (petitioner)
    Appeared on her own behalf
  • David Sheffield (petitioner attorney)
    Provided legal opinion to Petitioner in 2020

Respondent Side

  • Michael S. McLeran (HOA attorney)
    Childers Hanlon & Hudson, PLC
    Represented Respondent
  • Teresa Bale (board member)
    The Village at Elk Run Homeowners Association, Inc.
    Board President; Witness for Respondent
  • John R. Bale (developer/witness)
    The Village at Elk Run Homeowners Association, Inc.
    Original developer who drafted/signed CC&Rs; Witness for Respondent
  • Jason Miller (attorney)
    Provided opinion letter regarding CC&Rs to the Board
  • Beth Moly (attorney)
    Issued formal opinion letter regarding Section 4.1
  • Melanie Lashley (property manager)
    Homeco Rent
    Contacted by Petitioner regarding rental rules
  • Betsy Snow (board member)
    The Village at Elk Run Homeowners Association, Inc.
    Won board election against Petitioner

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
    Recipient of decision transmission
  • AHansen (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of decision transmission
  • vnunez (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of decision transmission
  • djones (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of decision transmission
  • labril (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of decision transmission

Felicia Woodward v. The Pointe South Mountain Residential Association

Posted on by

Case Summary

Case ID23F-H054-REL
AgencyADRE
TribunalOAH
Decision Date2023-07-28
Administrative Law JudgeAdam D. Stone
OutcomeThe Administrative Law Judge denied the single-issue petition, concluding that the Petitioner failed to prove the Association violated A.R.S. § 33-1804(D). The ALJ found that the gathering was a 'workshop' and not necessarily a formal 'meeting of the board of directors,' and further found that the Petitioner had received sufficient notice regardless.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerFelicia WoodwardCounsel—
RespondentThe Pointe South Mountain Residential AssociationCounselJonathan D. Ebertshauser

Alleged Violations

ARIZ. REV. STAT. § 33-1804

Outcome Summary

The Administrative Law Judge denied the single-issue petition, concluding that the Petitioner failed to prove the Association violated A.R.S. § 33-1804(D). The ALJ found that the gathering was a 'workshop' and not necessarily a formal 'meeting of the board of directors,' and further found that the Petitioner had received sufficient notice regardless.

Why this result: Petitioner failed to meet the burden of proof required by a preponderance of the evidence for the alleged violation of A.R.S. § 33-1804(D). The tribunal determined the meeting was advertised as a workshop and not a statutory board meeting, and the Petitioner had timely opened the notice email a week prior.

Key Issues & Findings

Petitioner alleges the Respondent has violated A.R.S. § 33-1804 by holding a meeting that 'had not been properly noticed…'

Petitioner alleged that the March 14, 2023 meeting was not properly noticed because customary channels (email, calendar, sandwich boards) were not used, and the notice provided did not include the meeting location. Respondent argued notice was given through email survey and the community calendar, meeting the statutory requirements, and that the event was a workshop.

Orders: Petitioner's petition was denied. Respondent shall not reimburse Petitioner's filing fee pursuant to A.R.S. § 32-2199.02(A).

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Notice Requirements, HOA Board Meeting, Workshop, Filing Fee Reimbursement
Additional Citations:
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.01

Video Overview

Audio Overview

Case Documents

23F-H054-REL Decision – 1068018.pdf

Uploaded 2026-04-24T12:09:44 (54.7 KB)

23F-H054-REL Decision – 1078258.pdf

Uploaded 2026-04-24T12:09:47 (113.6 KB)

This summary addresses the legal case hearing held on July 14, 2023, concerning the matter of Felicia Woodward (Petitioner) versus The Pointe South Mountain Residential Association (Respondent). The hearing was conducted before Administrative Law Judge (ALJ) Adam D. Stone at the Office of Administrative Hearings (OAH).

Key Facts and Main Issues

The central issue was whether the Association violated A.R.S. § 33-1804 by failing to properly notice a community event—the Courthome Improvement Workshop—held on March 14, 2023. Arizona Revised Statute § 33-1804(D) mandates that notice for board meetings must be given at least 48 hours in advance by newsletter, conspicuous posting, or other reasonable means, and must state the date, time, and place of the meeting.

Hearing Arguments

Petitioner’s Case:

Petitioner Felicia Woodward argued that the notice was improper because the Association failed to follow customary notice methods (community-wide email, portal calendar, and sandwich boards). Although she received an email survey more than 48 hours prior to the meeting, she alleged that the link provided the date and time, but did not include the location (the Zoom link). She presented evidence suggesting the meeting was not listed on the community calendar 24 hours prior. Woodward also noted that a board member questioned the adequacy of the notice at the meeting.

Respondent’s Case:

The Association, represented by Jonathan D. Ebertshauser and Marcus R. Martinez, argued that the Association complied with A.R.S. § 33-1804, noting that the statute does not require consistent notice methods. The General Manager, Erin Busey, testified that the March 14th event was a workshop, not a regular monthly board meeting, explaining why costly sandwich boards were not used. Busey stated that the meeting information, including the date, time, and location (the Zoom link), was entered into the system and sent via email survey on March 7, 2023, exceeding the 48-hour requirement. Furthermore, evidence showed the Petitioner actually opened the survey email and clicked the link. Counsel emphasized the legal point that the failure of any member to receive *actual* notice does not affect the validity of actions taken, provided notice was issued.

Final Decision and Outcome

The Administrative Law Judge determined that the Petitioner did not meet her burden of proving a violation of A.R.S. § 33-1804(D) by a preponderance of the evidence.

  1. Nature of the Meeting: The tribunal was not convinced the workshop was a formal “meeting of the board of directors” under the statute, as it was intended for discussion and review of survey results, with no expectation of voting or decisions.
  2. Sufficiency of Notice: Even if the event were considered a board meeting, the Petitioner was found to have had sufficient notice, having opened the email containing the survey and link on March 7, 2023, a week before the workshop.

The ALJ issued an Order denying the Petitioner’s petition. Furthermore, the Association was not required to reimburse the Petitioner’s filing fee.

Questions

Question

Does an HOA workshop count as a 'board meeting' that requires formal legal notice?

Short Answer

Not necessarily. If no votes are taken or decisions made, it may not be considered a meeting of the board of directors under the statute.

Detailed Answer

The ALJ determined that an event advertised as a 'workshop,' where comments and survey results were discussed but no items were voted on or decisions made, did not qualify as a 'meeting of the board of directors' requiring statutory notice.

Alj Quote

The tribunal was not convinced that this was a 'meeting of the board of directors' under the statute. … There was no expectation that items would be voted on or decisions made.

Legal Basis

A.R.S. § 33-1804

Topic Tags

  • meetings
  • workshops
  • definitions

Question

What is the burden of proof for a homeowner filing a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proving the violation by a 'preponderance of the evidence.'

Detailed Answer

In an administrative hearing, the homeowner must convince the trier of fact that their contention is 'more probably true than not.'

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1804(D).

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • legal standards
  • burden of proof
  • procedure

Question

Does a member's failure to see a meeting notice invalidate the actions taken at that meeting?

Short Answer

No. The validity of actions taken at a meeting is not affected if a member fails to receive actual notice.

Detailed Answer

Arizona statute explicitly states that if a member does not receive actual notice, it does not void the meeting's actions, provided the notice was properly issued.

Alj Quote

The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting.

Legal Basis

A.R.S. § 33-1804(D)

Topic Tags

  • notice
  • validity
  • homeowner rights

Question

How far in advance must an HOA provide notice for a board meeting?

Short Answer

Notice must be given at least 48 hours in advance of the meeting.

Detailed Answer

Unless emergency circumstances exist, the board must provide notice to members via newsletter, conspicuous posting, or other reasonable means at least 48 hours prior.

Alj Quote

notice to members of meetings of the board of directors shall be given at least forty-eight hours in advance of the meeting

Legal Basis

A.R.S. § 33-1804(D)

Topic Tags

  • notice
  • timelines
  • HOA obligations

Question

Can a Zoom link be considered the 'location' of a meeting for notice purposes?

Short Answer

Yes, providing a Zoom link can satisfy the requirement for a meeting location.

Detailed Answer

The decision accepted testimony that a reminder notice containing a Zoom link was considered the location of the meeting, contributing to sufficient notice.

Alj Quote

Ms. Busey testified that a reminder notice was sent out the day of the workshop with the Zoom link, which was considered the 'location' of the meeting.

Legal Basis

A.R.S. § 33-1804

Topic Tags

  • virtual meetings
  • notice
  • technology

Question

If I lose my hearing against the HOA, will I get my filing fee back?

Short Answer

No. If the petition is denied, the filing fee is generally not reimbursed.

Detailed Answer

The order specifically stated that because the petition was denied, the Respondent (HOA) was not required to reimburse the Petitioner's filing fee.

Alj Quote

IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall not reimburse Petitioner’s filing fee

Legal Basis

A.R.S. § 32-2199.02(A)

Topic Tags

  • fees
  • penalties
  • outcomes

Question

Can opening an email with a survey link constitute receiving notice of a meeting?

Short Answer

Yes. Evidence that a homeowner opened an email/link about the event in advance can establish sufficient notice.

Detailed Answer

The ALJ found that because the Petitioner clicked a survey link related to the workshop a week prior, they had sufficient notice of the event.

Alj Quote

Petitioner opened the email regarding the survey and clicked on the link on March 7, 2023, a week prior to the workshop. Therefore, even if this were considered a 'board meeting' Petitioner would have had sufficient notice.

Legal Basis

A.R.S. § 33-1804

Topic Tags

  • notice
  • email
  • digital communication

Case

Docket No
23F-H054-REL
Case Title
Felicia Woodward vs The Pointe South Mountain Residential Association
Decision Date
2023-07-28
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Does an HOA workshop count as a 'board meeting' that requires formal legal notice?

Short Answer

Not necessarily. If no votes are taken or decisions made, it may not be considered a meeting of the board of directors under the statute.

Detailed Answer

The ALJ determined that an event advertised as a 'workshop,' where comments and survey results were discussed but no items were voted on or decisions made, did not qualify as a 'meeting of the board of directors' requiring statutory notice.

Alj Quote

The tribunal was not convinced that this was a 'meeting of the board of directors' under the statute. … There was no expectation that items would be voted on or decisions made.

Legal Basis

A.R.S. § 33-1804

Topic Tags

  • meetings
  • workshops
  • definitions

Question

What is the burden of proof for a homeowner filing a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proving the violation by a 'preponderance of the evidence.'

Detailed Answer

In an administrative hearing, the homeowner must convince the trier of fact that their contention is 'more probably true than not.'

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1804(D).

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • legal standards
  • burden of proof
  • procedure

Question

Does a member's failure to see a meeting notice invalidate the actions taken at that meeting?

Short Answer

No. The validity of actions taken at a meeting is not affected if a member fails to receive actual notice.

Detailed Answer

Arizona statute explicitly states that if a member does not receive actual notice, it does not void the meeting's actions, provided the notice was properly issued.

Alj Quote

The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting.

Legal Basis

A.R.S. § 33-1804(D)

Topic Tags

  • notice
  • validity
  • homeowner rights

Question

How far in advance must an HOA provide notice for a board meeting?

Short Answer

Notice must be given at least 48 hours in advance of the meeting.

Detailed Answer

Unless emergency circumstances exist, the board must provide notice to members via newsletter, conspicuous posting, or other reasonable means at least 48 hours prior.

Alj Quote

notice to members of meetings of the board of directors shall be given at least forty-eight hours in advance of the meeting

Legal Basis

A.R.S. § 33-1804(D)

Topic Tags

  • notice
  • timelines
  • HOA obligations

Question

Can a Zoom link be considered the 'location' of a meeting for notice purposes?

Short Answer

Yes, providing a Zoom link can satisfy the requirement for a meeting location.

Detailed Answer

The decision accepted testimony that a reminder notice containing a Zoom link was considered the location of the meeting, contributing to sufficient notice.

Alj Quote

Ms. Busey testified that a reminder notice was sent out the day of the workshop with the Zoom link, which was considered the 'location' of the meeting.

Legal Basis

A.R.S. § 33-1804

Topic Tags

  • virtual meetings
  • notice
  • technology

Question

If I lose my hearing against the HOA, will I get my filing fee back?

Short Answer

No. If the petition is denied, the filing fee is generally not reimbursed.

Detailed Answer

The order specifically stated that because the petition was denied, the Respondent (HOA) was not required to reimburse the Petitioner's filing fee.

Alj Quote

IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall not reimburse Petitioner’s filing fee

Legal Basis

A.R.S. § 32-2199.02(A)

Topic Tags

  • fees
  • penalties
  • outcomes

Question

Can opening an email with a survey link constitute receiving notice of a meeting?

Short Answer

Yes. Evidence that a homeowner opened an email/link about the event in advance can establish sufficient notice.

Detailed Answer

The ALJ found that because the Petitioner clicked a survey link related to the workshop a week prior, they had sufficient notice of the event.

Alj Quote

Petitioner opened the email regarding the survey and clicked on the link on March 7, 2023, a week prior to the workshop. Therefore, even if this were considered a 'board meeting' Petitioner would have had sufficient notice.

Legal Basis

A.R.S. § 33-1804

Topic Tags

  • notice
  • email
  • digital communication

Case

Docket No
23F-H054-REL
Case Title
Felicia Woodward vs The Pointe South Mountain Residential Association
Decision Date
2023-07-28
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Felicia Woodward (petitioner)
    Property owner/Association member
    Full name is Felicia Anne Woodward; Appeared via Google Meet.

Respondent Side

  • Jonathan D. Ebertshauser (attorney)
    Carpenter, Hazlewood, Delgado, & Bolen
    Represented Respondent.
  • Marcus R. Martinez (attorney)
    Carpenter, Hazlewood, Delgado, & Bolen
    Represented Respondent.
  • Erin Busey (witness/general manager)
    First Service Residential (The Pointe South Mountain Residential Association)
    Called as a witness by Respondent; Identified herself as Aaron Ducy during testimony.

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate
    Recipient of official transmission.
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmission.
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmission.
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmission.
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmission.

Other Participants

  • Debbie Robinson (witness)
    Referenced by Petitioner as the person who took a screenshot exhibit; Presence/testimony not confirmed in hearing record.

Clifford S Burnes V. Saguaro Crest Homeowners’ Association

Posted on by

Case Summary

Case ID23F-H031-REL
AgencyADRE
TribunalOAH
Decision Date2023-04-13
Administrative Law JudgeAdam D. Stone
OutcomeThe Administrative Law Judge denied the petition, finding that the Petitioner failed to meet the burden of proof that the Saguaro Crest Homeowners Association violated Article 2.1 of the Bylaws by not holding elections. The Bylaw states the annual meeting is for the purpose of 'electing or announcing the results of the election of Directors' and transacting 'other business' (which included dissolution), and the HOA was not required to hold elections if results could have been announced or if dissolution proceedings were underway.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerClifford S BurnesCounsel—
RespondentSaguaro Crest Homeowners' AssociationCounselJohn T. Crotty

Alleged Violations

SCHA Bylaws Article 2.1

Outcome Summary

The Administrative Law Judge denied the petition, finding that the Petitioner failed to meet the burden of proof that the Saguaro Crest Homeowners Association violated Article 2.1 of the Bylaws by not holding elections. The Bylaw states the annual meeting is for the purpose of 'electing or announcing the results of the election of Directors' and transacting 'other business' (which included dissolution), and the HOA was not required to hold elections if results could have been announced or if dissolution proceedings were underway.

Why this result: The Bylaws did not strictly require elections be held, and Petitioner failed to object to the board remaining in place to oversee the dissolution.

Key Issues & Findings

Annual meeting

Petitioner alleged the HOA violated Article 2.1 of the Bylaws by failing to hold Board of Directors elections at the 2021 annual meeting. Respondent argued the language ('for the purpose of electing or announcing the results') did not require elections and that the dissolution vote superseded the immediate need for elections, especially since no one objected at the meeting.

Orders: Petitioner’s petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Analytics Highlights

Topics: HOA, Bylaws, Election Dispute, Dissolution, Annual Meeting, Burden of Proof, Waiver
Additional Citations:
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Video Overview

Case Documents

23F-H031-REL Decision – 1035344.pdf

Uploaded 2026-04-24T12:01:26 (51.8 KB)

23F-H031-REL Decision – 1049021.pdf

Uploaded 2026-04-24T12:01:32 (114.7 KB)

This summary concerns the hearing held before Administrative Law Judge (ALJ) Adam D. Stone of the Office of Administrative Hearings (OAH) on March 29, 2023, in the matter of *Clifford S Burnes v. Saguaro Crest Homeowners' Association* (SCHA), Docket No. 23F-H031-REL.

Key Facts and Main Issues

The central issue was whether the Saguaro Crest Homeowners' Association (Respondent) violated its Bylaws, specifically Article 2.1, by failing to hold Board of Directors elections at the annual meeting on December 11, 2021.

Article 2.1 mandates that an annual meeting "shall be held at least every twelve (12) months… for the purpose of electing or announcing the results of the election of Directors and transacting such other business as may properly come before the meeting".

Key facts established during the hearing include:

  1. The annual meeting was held on December 11, 2021.
  2. At that meeting, the voting members properly approved a vote to dissolve the SCHA.
  3. The Board President and Vice President, whose terms were ending, volunteered to remain in their positions to oversee the dissolution process.
  4. No elections were held for the subsequent 2022 calendar year.
  5. Petitioner Clifford S. Burnes was present at the meeting but did not voice an objection to the board members remaining or to the lack of elections at that time.

Key Arguments

Petitioner's Argument: Petitioner Burnes argued that the use of the word "shall" and the phrase "for the purpose of electing" in Article 2.1 constituted a requirement for elections to be held annually, and the SCHA violated this bylaw. Mr. Burnes requested that the ALJ find in his favor, require the SCHA to comply, reimburse his filing fee, and impose a civil fine on the HOA.

Respondent's Argument: The SCHA, represented by John T. Crotty, denied the claim. The Respondent argued that Article 2.1 provided options: either holding elections *or* announcing the results of elections, and also permitted transacting "such other business," which included the majority-approved dissolution. The SCHA argued that had the dissolution vote failed, an election would have been held. Crucially, the SCHA argued that Mr. Burnes waived his claim of violation by failing to object at the meeting, despite his familiarity with the governing documents.

Legal Outcome and Final Decision

The ALJ determined that the Petitioner bore the burden of proving the violation of Article 2.1 by a preponderance of the evidence.

The ALJ concluded that the Petitioner failed to meet his burden of proof. The legal analysis found that Article 2.1, as written, did not strictly require elections to be held at the meeting itself, as it allowed for results to be announced. Furthermore, the ALJ noted that the clear approval of the dissolution vote meant there would be no need for a new board once the process was complete. The ALJ deemed the Petitioner’s failure to raise an objection at the meeting to be "most harmful" to his claim.

The ALJ issued an Order denying the Petitioner’s petition.

These sources document a legal dispute between Clifford S. Burnes and the Saguaro Crest Homeowners’ Association regarding an alleged violation of community bylaws. The conflict centers on a December 2021 annual meeting where the association voted to dissolve the organization but did not hold new elections for its leadership. Burnes argued that Article 2.1 of the bylaws mandated an election, while the association maintained that the dissolution vote rendered new elections unnecessary. An administrative hearing transcript captures the testimony of both parties, highlighting disagreements over meeting procedures and the legal interpretation of governing documents. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that no mandatory election requirement was violated. The final decision emphasizes that the petitioner failed to object during the meeting and did not meet the burden of proof for his claims.

These sources document a legal dispute between Clifford S. Burnes and the Saguaro Crest Homeowners’ Association regarding an alleged violation of community bylaws. The conflict centers on a December 2021 annual meeting where the association voted to dissolve the organization but did not hold new elections for its leadership. Burnes argued that Article 2.1 of the bylaws mandated an election, while the association maintained that the dissolution vote rendered new elections unnecessary. An administrative hearing transcript captures the testimony of both parties, highlighting disagreements over meeting procedures and the legal interpretation of governing documents. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that no mandatory election requirement was violated. The final decision emphasizes that the petitioner failed to object during the meeting and did not meet the burden of proof for his claims.

Case Participants

Petitioner Side

  • Clifford S. Burnes (petitioner)
    Saguaro Crest Homeowners' Association Member
    Also referred to as Clifford (Norm) Burnes.

Respondent Side

  • John T. Crotty (HOA attorney)
    Saguaro Crest Homeowners' Association
  • Esmerina Martinez (board member)
    Saguaro Crest Homeowners' Association
    President; referred to as Serena Martinez or Esmerelda Martinez in sources.
  • Dave Madill (board member)
    Saguaro Crest Homeowners' Association
    Vice President; referred to as Dave Matt or Dave Mel in testimony.
  • Joseph Martinez (board member)
    Saguaro Crest Homeowners' Association

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmittal.
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmittal.
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmittal.
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmittal.

Carolyn Wefsenmoe v. Summit View Homeowner’s Association

Posted on by

Case Summary

Case ID23F-H017-REL
AgencyADRE
TribunalOAH
Decision Date2023-03-08
Administrative Law JudgeAdam D. Stone
OutcomeThe Administrative Law Judge denied the petition, ruling that the Petitioner failed to meet the burden of proof to establish that the walls were built on the common area. Since HOA maintenance responsibility primarily attached to the common area, and the location of the walls relative to the lots remained unproven, the HOA was not found in violation of its maintenance obligations.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerCarolyn WefsenmoeCounsel—
RespondentSummit View Homeowner's AssociationCounselChad M. Gallacher, Esq.

Alleged Violations

CC&R’s Article XI, Sections 1, 2, and 3; Summit View Community Plat Notes

Outcome Summary

The Administrative Law Judge denied the petition, ruling that the Petitioner failed to meet the burden of proof to establish that the walls were built on the common area. Since HOA maintenance responsibility primarily attached to the common area, and the location of the walls relative to the lots remained unproven, the HOA was not found in violation of its maintenance obligations.

Why this result: Petitioner failed to prove by a preponderance of the evidence that the walls were located in a common area. No survey evidence was presented to determine whether the walls were on the individual lots (Owner responsibility) or the common area (HOA responsibility).

Key Issues & Findings

HOA failure to maintain perimeter walls and improper charging of homeowners for repairs.

Petitioner alleged that the HOA (SVHA) violated CC&R Article XI, Sections 1, 2, and 3, and the Community Plat Notes by failing to maintain the subdivision perimeter walls and charging homeowners for repairs, arguing the walls abutted and were part of the Common Area (NAOS), making maintenance the HOA's responsibility.

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_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)
  • CC&R Article XI, Section 1
  • CC&R Article XI, Section 2
  • CC&R Article XI, Section 3
  • Summit View Community Plat Notes

Analytics Highlights

Topics: HOA, Maintenance, Perimeter Walls, CC&R, Common Area, Burden of Proof, NAOS, Lot Line Dispute
Additional Citations:
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119
  • CC&R Article XI, Section 1
  • CC&R Article XI, Section 2
  • CC&R Article XI, Section 3
  • Summit View Plat Notes

Video Overview

Audio Overview

Case Documents

23F-H017-REL Decision – 1018596.pdf

Uploaded 2026-04-24T11:58:24 (52.8 KB)

23F-H017-REL Decision – 1018616.pdf

Uploaded 2026-04-24T11:58:28 (5.6 KB)

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This summary addresses the legal case hearing concerning Petitioner Carolyn Wefsenmoe versus Respondent Summit View Homeowner's Association (SVHA), Case No. 23F-H017-REL, held before the Office of Administrative Hearings (OAH) on February 21, 2023.

Key Facts and Main Issue

The dispute centered on the maintenance responsibility for the subdivision's perimeter walls and the SVHA's action of charging homeowners for repairs. Petitioner Wefsenmoe alleged the SVHA violated community documents, specifically CC&R's Article XI, Sections 1, 2, and 3, and the Summit View Community Plat Notes, by refusing to maintain the walls. The SVHA, represented by Chad Gallacher, Esq., argued the walls were located on individual Lots, making maintenance the homeowner's responsibility.

Key Legal Arguments and Proceedings

  1. Plat vs. CC&Rs: Petitioner relied heavily on language in the June 1996 Final Plat Notes, which stated that a Homeowners Association "WILL BE FORMED AND HAVE RESPONSIBILITY FOR MAINTAINING ALL COMMON AREAS, TO BE NOTED AS… SUBDIVISION PERIMETER WALLS". Petitioner noted that her wall abutted the Natural Area Open Space (NAOS), designated as a Common Area.
  2. Governing Documents Hierarchy: Respondent countered that the Plat statement was a "forecasting" or "foreshadowing". This statement was qualified by the phrase "IN ACCORDANCE WITH APPROVED PLANS," referring to the later Amended and Restated Declaration of Covenants, Conditions and Restrictions (CC&Rs) recorded in 2004.
  3. Lot Owner Responsibility: The SVHA argued that the CC&Rs placed maintenance burdens on the individual owner for all improvements on their Lot (Article III, Section 3). Furthermore, specific CC&R provisions required owners to obtain written architectural approval to perform maintenance or erect walls on their Lots (Article VIII, Sections 5 and 15), suggesting the maintenance obligation rested with the homeowner.
  4. Evidence of Location and Damage: The SVHA presented testimony that the walls in question were generally understood to be built on the individual lots, noting that the wall lines were not uniformly straight across the lots. SVHA's witness, Vic Smith, also testified that many wall damages were attributable to poor drainage and water runoff coming from the homeowner's Lot side, not the NAOS Common Area, which had no watering.
  5. Burden of Proof: Petitioner admitted on cross-examination that no professional survey had been conducted to definitively determine whether the walls were located on the Common Area or the individual Lots. The ALJ noted that Petitioner bore the burden of proof to establish the alleged violation by a preponderance of the evidence.

Outcome

The Administrative Law Judge (ALJ) issued a decision denying Petitioner's petition. The ALJ concluded that Petitioner failed to meet the required burden of proof. Absent persuasive evidence, such as a survey, demonstrating the walls were constructed in the Common Area, Petitioner could not establish that the SVHA was responsible for the maintenance or that the Association acted in violation of the community documents.

Questions

Question

Who has the burden of proof when a homeowner files a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding HOA disputes, the person filing the petition is responsible for proving that the HOA committed the alleged violations. The HOA does not have to disprove the allegations initially; the homeowner must first provide sufficient evidence to support their claim.

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); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • legal standards
  • burden of proof
  • procedural requirements

Question

What level of evidence is required to win a dispute against an HOA?

Short Answer

A 'preponderance of the evidence,' meaning the claim is more likely true than not.

Detailed Answer

The standard is not 'beyond a reasonable doubt' like in criminal cases. Instead, the homeowner must show that their version of the facts is more probable than the HOA's version. It relies on the convincing force of the evidence rather than just the number of witnesses.

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

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • hearings

Question

If a wall touches an HOA common area, does the HOA automatically have to maintain it?

Short Answer

No. The location of the wall's foundation (on the lot vs. common area) determines responsibility.

Detailed Answer

Simply abutting a common area does not make a structure part of the common area. Unless the homeowner can prove the structure was actually built *on* the common area land, the HOA may not be responsible for its maintenance.

Alj Quote

There was no persuasive evidence presented that simply because on the other side of the wall there was a common area, does not prove that the wall was actually built on the common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • maintenance
  • common areas
  • boundaries

Question

Is a professional survey necessary to prove a boundary or maintenance dispute?

Short Answer

Yes, often. Without a survey, it is difficult to prove exactly where a structure lies.

Detailed Answer

If there is a dispute about whether a wall or structure is on private property or common area, failing to provide a professional survey can result in losing the case. The judge generally cannot assume a location without specific evidence.

Alj Quote

However, again, no evidence was presented to determine exactly where the wall was built. Perhaps if this evidence was presented there may be a different result.

Legal Basis

Conclusions of Law

Topic Tags

  • evidence
  • surveys
  • property lines

Question

Does the alignment of walls affect who is responsible for them?

Short Answer

Yes. If walls are not uniformly aligned, it suggests they follow individual lot lines rather than a subdivision perimeter.

Detailed Answer

In this decision, the judge noted that because the walls were not in a straight, uniform line across lots (likely due to varying lot sizes), it supported the conclusion that the walls were built on individual lots rather than being a single common area perimeter wall.

Alj Quote

Further, the tribunal notes that the walls were not uniformly even across the individual lots. This was presumably because each lot is a different size, which also would lead to the conclusion that each wall was built on each individual lot.

Legal Basis

Conclusions of Law

Topic Tags

  • maintenance
  • construction
  • HOA obligations

Question

Can I rely solely on Plat Notes to prove HOA maintenance responsibility?

Short Answer

Not necessarily, especially if physical evidence contradicts the interpretation that a structure is a 'perimeter wall'.

Detailed Answer

Even if a Plat Note says the HOA maintains 'subdivision perimeter walls,' the homeowner must still prove that the specific wall in question fits that definition and location. If the evidence suggests the wall is on a private lot, the general note may not apply.

Alj Quote

Petitioner testified that she believed that based upon the 'Notes' section on the plat map, this created an obligation on the SVHA… [However] Petitioner has failed to prove by a preponderance of the evidence that the walls in questions are in a common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • cc&rs
  • plat maps
  • interpretation

Case

Docket No
23F-H017-REL
Case Title
Carolyn Wefsenmoe vs Summit View Homeowner's Association
Decision Date
2023-03-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Who has the burden of proof when a homeowner files a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding HOA disputes, the person filing the petition is responsible for proving that the HOA committed the alleged violations. The HOA does not have to disprove the allegations initially; the homeowner must first provide sufficient evidence to support their claim.

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); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • legal standards
  • burden of proof
  • procedural requirements

Question

What level of evidence is required to win a dispute against an HOA?

Short Answer

A 'preponderance of the evidence,' meaning the claim is more likely true than not.

Detailed Answer

The standard is not 'beyond a reasonable doubt' like in criminal cases. Instead, the homeowner must show that their version of the facts is more probable than the HOA's version. It relies on the convincing force of the evidence rather than just the number of witnesses.

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

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • hearings

Question

If a wall touches an HOA common area, does the HOA automatically have to maintain it?

Short Answer

No. The location of the wall's foundation (on the lot vs. common area) determines responsibility.

Detailed Answer

Simply abutting a common area does not make a structure part of the common area. Unless the homeowner can prove the structure was actually built *on* the common area land, the HOA may not be responsible for its maintenance.

Alj Quote

There was no persuasive evidence presented that simply because on the other side of the wall there was a common area, does not prove that the wall was actually built on the common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • maintenance
  • common areas
  • boundaries

Question

Is a professional survey necessary to prove a boundary or maintenance dispute?

Short Answer

Yes, often. Without a survey, it is difficult to prove exactly where a structure lies.

Detailed Answer

If there is a dispute about whether a wall or structure is on private property or common area, failing to provide a professional survey can result in losing the case. The judge generally cannot assume a location without specific evidence.

Alj Quote

However, again, no evidence was presented to determine exactly where the wall was built. Perhaps if this evidence was presented there may be a different result.

Legal Basis

Conclusions of Law

Topic Tags

  • evidence
  • surveys
  • property lines

Question

Does the alignment of walls affect who is responsible for them?

Short Answer

Yes. If walls are not uniformly aligned, it suggests they follow individual lot lines rather than a subdivision perimeter.

Detailed Answer

In this decision, the judge noted that because the walls were not in a straight, uniform line across lots (likely due to varying lot sizes), it supported the conclusion that the walls were built on individual lots rather than being a single common area perimeter wall.

Alj Quote

Further, the tribunal notes that the walls were not uniformly even across the individual lots. This was presumably because each lot is a different size, which also would lead to the conclusion that each wall was built on each individual lot.

Legal Basis

Conclusions of Law

Topic Tags

  • maintenance
  • construction
  • HOA obligations

Question

Can I rely solely on Plat Notes to prove HOA maintenance responsibility?

Short Answer

Not necessarily, especially if physical evidence contradicts the interpretation that a structure is a 'perimeter wall'.

Detailed Answer

Even if a Plat Note says the HOA maintains 'subdivision perimeter walls,' the homeowner must still prove that the specific wall in question fits that definition and location. If the evidence suggests the wall is on a private lot, the general note may not apply.

Alj Quote

Petitioner testified that she believed that based upon the 'Notes' section on the plat map, this created an obligation on the SVHA… [However] Petitioner has failed to prove by a preponderance of the evidence that the walls in questions are in a common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • cc&rs
  • plat maps
  • interpretation

Case

Docket No
23F-H017-REL
Case Title
Carolyn Wefsenmoe vs Summit View Homeowner's Association
Decision Date
2023-03-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Carolyn Wefsenmoe (petitioner)
    Appeared via Google Meet on her own behalf

Respondent Side

  • Chad M. Gallacher (HOA attorney)
    Maxwell & Morgan, P.C.
  • Bick Smith (witness/board president)
    Summit View Homeowner's Association
    Also referred to as Vic Smith; testified for Respondent
  • Henry (board member)
    Summit View Homeowner's Association
    Discussed erosion issues; toured walls with Bick Smith
  • Denise (board member)
    Summit View Homeowner's Association
    Participated in special board meeting
  • Larry Burns (property manager/GM)
    Summit View Homeowner's Association
    General Manager who wrote community painting update; participated in board meeting

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
    Transmitted minute entry to
  • James Knupp (Acting Commissioner)
    Arizona Department of Real Estate
    Transmitted order to
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
    Transmitted ALJ decision to
  • AHansen (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • vnunez (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • djones (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • labril (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • c. serrano (OAH Staff)
    OAH
    Signed minute entries for transmission
  • Helen Purcell (county recorder)
    Maricopa County
    Recorded Amended CC&R Declaration in 2004
  • Maria Rosana Pira (notary public)
    Maricopa County
    Notarized Amended CC&R and Bylaws in 2004

Other Participants

  • Elelliana (unknown)
    Correspondent in objected-to email exhibit
  • Beth Mulcahy (attorney)
    Mulcahy Law Firm, P.C.
    Firm filed the Amended CC&R Declaration in 2004
  • LizzieG (customer service rep)
    Brown Community Management
    Customer service contact listed on billing document

Daniel Mayer v. Scottsdale North Homeowners Association, Inc.

Posted on by

Case Summary

Case ID23F-H020-REL
AgencyADRE
TribunalOAH
Decision Date2023-02-17
Administrative Law JudgeAdam D. Stone
OutcomeThe Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1812 by improperly combining two separate expenditure proposals (roadway preservation and gate replacement) into a single vote on a ballot, failing to provide an opportunity to vote on each action separately. Respondent was ordered to refund the $500.00 filing fee and pay a $500.00 civil penalty.
Filing Fee Reimbursement$500.00
Civil Penalties$500.00

Parties & Counsel

PetitionerDaniel MayerCounsel—
RespondentScottsdale North Homeowners Association, Inc.Counsel—

Alleged Violations

A.R.S. § 33-1812

Outcome Summary

The Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1812 by improperly combining two separate expenditure proposals (roadway preservation and gate replacement) into a single vote on a ballot, failing to provide an opportunity to vote on each action separately. Respondent was ordered to refund the $500.00 filing fee and pay a $500.00 civil penalty.

Key Issues & Findings

Combining two separate proposed actions into a single vote action on a ballot.

The Respondent HOA combined two separate proposed expenditures ($30,000 total for roadway asset preservation and common area gate replacement) into one vote on a ballot sent to homeowners, violating statutory requirements that each proposed action must be voted upon separately.

Orders: Respondent must abide by A.R.S. § 33-1812; Respondent must refund the Petitioner's $500.00 filing fee; Respondent must pay a $500.00 civil penalty to the Department of Real Estate.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:
  • A.R.S. § 33-1812
  • A.R.S. § 10-3708
  • A.R.S. § 33-1812(A)(1)

Analytics Highlights

Topics: HOA Ballot, Combined Vote, Reserve Funds Access, Statutory Violation
Additional Citations:
  • A.R.S. § 33-1812
  • A.R.S. § 10-3708
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02
  • A.R.S. § 41-1092.07
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-119

Video Overview

Audio Overview

Case Documents

23F-H020-REL Decision – 1031122.pdf

Uploaded 2026-04-24T11:59:44 (100.0 KB)

23F-H020-REL Decision – 1038504.pdf

Uploaded 2026-04-24T11:59:48 (54.8 KB)

This administrative hearing, docket number 23F-H020-REL, addressed the petition filed by Daniel Mayor against Scottsdale North Homeowners Association, Inc. (SNHA), concerning alleged violations of community documents and Arizona Revised Statute (A.R.S.) § 33-1812. Administrative Law Judge (ALJ) Adam D. Stone presided over the hearing on February 3, 2023.

Key Facts and Main Issues

The core issue centered on a ballot sent to homeowners on May 18, 2022, seeking approval to access $30,000 from the reserve fund for two distinct capital improvement projects: roadway asset preservation/resurfacing and common area gate replacement.

  1. Violation of Separate Voting Requirement: Petitioner Daniel Mayor argued that the ballot improperly combined these two separate "proposed actions" into a single yes/no vote, failing to provide members the opportunity to vote for or against each expenditure individually. Mayor requested that the vote be recalled and recast properly.
  2. Applicability of Statute: Respondent SNHA, represented by Board President Andrew Chambers, admitted the projects were combined but argued that A.R.S. § 33-1812 (which requires separate votes for separate actions) did not apply. SNHA contended the statute only governs votes taken at formal meetings, whereas this vote was conducted via mail, email, and fax prior to the meeting where results were announced. SNHA also noted that 91% (32 of 35) of responding homeowners approved the combined expenditure, and the projects were subsequently completed.

Legal Points and Decision

The ALJ determined that the cover letter and prior discussions clearly indicated that the roadway resurfacing and gate replacement were two separate projects for which SNHA was seeking approval.

The ALJ rejected the Association's defense, concluding that the ballot was improper because it failed to allow separate votes. The decision highlighted that A.R.S. § 33-1812, even when referring to votes taken outside of a meeting, directs attention to A.R.S. § 10-3708 (Arizona Nonprofit Corporation Act). This statute mandates that written ballots must set forth each proposed action and provide an opportunity to vote for or against each.

Outcome

The ALJ found that the Petitioner established, by a preponderance of the evidence, that SNHA acted in violation of A.R.S. § 33-1812(A)(1) and the community documents.

The ALJ noted that A.R.S. § 32-2199.02 did not grant the authority to order the projects rescinded or the vote nullified, but only permitted ordering parties to abide by the statute and levying civil penalties.

  • Prevailing Party: Daniel Mayor was deemed the prevailing party.
  • Filing Fee: SNHA was ordered to pay the Petitioner his $500.00 filing fee.
  • Civil Penalty: Due to concern that this type of improper ballot could be used in the future, the ALJ levied a $500.00 Civil Penalty. (A subsequent correction order specified that this civil penalty must be paid to the Department of Real Estate).

Questions

Question

Can my HOA combine multiple capital improvement projects into a single 'Yes' or 'No' vote?

Short Answer

No. The HOA must allow homeowners to vote for or against each proposed action separately.

Detailed Answer

Even if the projects are related or presented in the same letter, the ballot itself must provide an opportunity to vote on each specific expenditure or project individually. Combining them into one vote violates Arizona statutes.

Alj Quote

Thus, the tribunal finds the ballot improper because it did not contain the opportunity to vote on each separate proposal.

Legal Basis

A.R.S. § 33-1812(A)(1)-(2)

Topic Tags

  • voting
  • ballots
  • assessments

Question

If the HOA conducts a vote by mail or email rather than at a live meeting, do they still have to list voting items separately?

Short Answer

Yes. The requirement to list each proposed action separately applies to absentee ballots and written ballots used without a meeting.

Detailed Answer

The ALJ rejected the argument that voting requirements only apply to in-person meetings. Statutes governing both planned communities and nonprofit corporations require that written ballots set forth each proposed action.

Alj Quote

According to that statute, the ballots still must set for each action and provide an opportunity to vote for or against each action. … Therefore, this ballot runs afoul of A.R.S. § 33-1812.

Legal Basis

A.R.S. § 33-1812; A.R.S. § 10-3708

Topic Tags

  • absentee ballots
  • voting
  • mail-in voting

Question

Can the Administrative Law Judge force the HOA to undo a project (like a road repair) if the vote was illegal?

Short Answer

Generally, no. The ALJ lacks the statutory authority to order projects rescinded once completed.

Detailed Answer

While the ALJ can determine that a violation occurred and levy penalties, they cannot order the association to 'un-do' the physical work or rescind the project.

Alj Quote

The Administrative Law Judge does not have the authority under the A.R.S. § 32-2199.02 to order the projects rescinded…

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • powers of ALJ
  • construction

Question

What is the standard of proof for a homeowner suing their HOA in an administrative hearing?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their contention is 'more probably true than not.'

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

  • legal standards
  • burden of proof
  • evidence

Question

Can the HOA claim that their specific bylaws or CC&Rs override state laws regarding ballot formats?

Short Answer

No. The relevant state statute explicitly overrides community documents regarding absentee ballot requirements.

Detailed Answer

The statute begins with 'Notwithstanding any provision in the community documents,' meaning the state law requirements for ballots take precedence over the HOA's internal rules.

Alj Quote

A.R.S. § 33-1812 provides… 'Notwithstanding any provision in the community documents… any action taken… shall comply with all of the following…'

Legal Basis

A.R.S. § 33-1812(A)

Topic Tags

  • governing documents
  • statutory interpretation
  • supremacy of law

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 homeowner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $500 filing fee directly to the Petitioner.

Alj Quote

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

Legal Basis

Order of the ALJ

Topic Tags

  • remedies
  • fees
  • penalties

Question

Does a majority vote of the homeowners cure a defective ballot?

Short Answer

No. Even if the vast majority of homeowners approved the spending, the ballot can still be ruled a violation.

Detailed Answer

The ALJ noted that although most homeowners approved the proposal, the violation still stood because allowing such ballots would leave 'virtually no remedy' for future procedural violations.

Alj Quote

In this case, although the vast majority of homeowners approved the proposals, the Administrative Law Judge is concerned that this type of ballot could be used in the future, leaving virtually no remedy.

Legal Basis

A.R.S. § 33-1812

Topic Tags

  • voting results
  • procedural violations
  • compliance

Case

Docket No
23F-H020-REL
Case Title
Daniel Mayer vs Scottsdale North Homeowners Association, Inc.
Decision Date
2023-02-17
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA combine multiple capital improvement projects into a single 'Yes' or 'No' vote?

Short Answer

No. The HOA must allow homeowners to vote for or against each proposed action separately.

Detailed Answer

Even if the projects are related or presented in the same letter, the ballot itself must provide an opportunity to vote on each specific expenditure or project individually. Combining them into one vote violates Arizona statutes.

Alj Quote

Thus, the tribunal finds the ballot improper because it did not contain the opportunity to vote on each separate proposal.

Legal Basis

A.R.S. § 33-1812(A)(1)-(2)

Topic Tags

  • voting
  • ballots
  • assessments

Question

If the HOA conducts a vote by mail or email rather than at a live meeting, do they still have to list voting items separately?

Short Answer

Yes. The requirement to list each proposed action separately applies to absentee ballots and written ballots used without a meeting.

Detailed Answer

The ALJ rejected the argument that voting requirements only apply to in-person meetings. Statutes governing both planned communities and nonprofit corporations require that written ballots set forth each proposed action.

Alj Quote

According to that statute, the ballots still must set for each action and provide an opportunity to vote for or against each action. … Therefore, this ballot runs afoul of A.R.S. § 33-1812.

Legal Basis

A.R.S. § 33-1812; A.R.S. § 10-3708

Topic Tags

  • absentee ballots
  • voting
  • mail-in voting

Question

Can the Administrative Law Judge force the HOA to undo a project (like a road repair) if the vote was illegal?

Short Answer

Generally, no. The ALJ lacks the statutory authority to order projects rescinded once completed.

Detailed Answer

While the ALJ can determine that a violation occurred and levy penalties, they cannot order the association to 'un-do' the physical work or rescind the project.

Alj Quote

The Administrative Law Judge does not have the authority under the A.R.S. § 32-2199.02 to order the projects rescinded…

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • powers of ALJ
  • construction

Question

What is the standard of proof for a homeowner suing their HOA in an administrative hearing?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their contention is 'more probably true than not.'

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

  • legal standards
  • burden of proof
  • evidence

Question

Can the HOA claim that their specific bylaws or CC&Rs override state laws regarding ballot formats?

Short Answer

No. The relevant state statute explicitly overrides community documents regarding absentee ballot requirements.

Detailed Answer

The statute begins with 'Notwithstanding any provision in the community documents,' meaning the state law requirements for ballots take precedence over the HOA's internal rules.

Alj Quote

A.R.S. § 33-1812 provides… 'Notwithstanding any provision in the community documents… any action taken… shall comply with all of the following…'

Legal Basis

A.R.S. § 33-1812(A)

Topic Tags

  • governing documents
  • statutory interpretation
  • supremacy of law

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 homeowner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $500 filing fee directly to the Petitioner.

Alj Quote

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

Legal Basis

Order of the ALJ

Topic Tags

  • remedies
  • fees
  • penalties

Question

Does a majority vote of the homeowners cure a defective ballot?

Short Answer

No. Even if the vast majority of homeowners approved the spending, the ballot can still be ruled a violation.

Detailed Answer

The ALJ noted that although most homeowners approved the proposal, the violation still stood because allowing such ballots would leave 'virtually no remedy' for future procedural violations.

Alj Quote

In this case, although the vast majority of homeowners approved the proposals, the Administrative Law Judge is concerned that this type of ballot could be used in the future, leaving virtually no remedy.

Legal Basis

A.R.S. § 33-1812

Topic Tags

  • voting results
  • procedural violations
  • compliance

Case

Docket No
23F-H020-REL
Case Title
Daniel Mayer vs Scottsdale North Homeowners Association, Inc.
Decision Date
2023-02-17
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Daniel Mayer (petitioner)
    Appeared on his own behalf
  • Mr. D'Angelo (witness)
    Petitioner's husband

Respondent Side

  • Sandy Chambers (board president)
    Scottsdale North Homeowners Association, Inc.
    Appeared on behalf of Respondent; also referred to as 'Andrew Chambers' and 'Miss Chambers' in the transcript

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Miranda (OAH staff)
    OAH
    Front desk staff mentioned by ALJ
  • James Knupp (commissioner)
    ADRE
    Acting Commissioner listed on initial transmittal
  • Susan Nicolson (commissioner)
    ADRE
  • AHansen (ADRE staff)
    ADRE
    Transmittal recipient
  • vnunez (ADRE staff)
    ADRE
    Transmittal recipient
  • labril (ADRE staff)
    ADRE
    Transmittal recipient
  • djones (ADRE staff)
    ADRE
    Transmittal recipient

Other Participants

  • jzipprich (property manager)
    Desert Management
    Email contact for Respondent HOA

John Zumph v. Sanalina Homeowners Association

Posted on by

Case Summary

Case ID22F-H2222049-REL
AgencyADRE
TribunalOAH
Decision Date2022-08-01
Administrative Law JudgeAdam D. Stone
OutcomeThe ALJ denied the petition, concluding that the Sanalina HOA did not violate its Bylaws when it removed Petitioner John Zumph from the Board of Directors. The tribunal held that a 'regular meeting' can occur even without the presence of a quorum necessary to conduct business, validating the HOA's decision to declare his office vacant after three consecutive absences.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerJohn ZumphCounsel—
RespondentSanalina Homeowners AssociationCounselNick Eicher

Alleged Violations

Bylaws Article VII Section 1(d)

Outcome Summary

The ALJ denied the petition, concluding that the Sanalina HOA did not violate its Bylaws when it removed Petitioner John Zumph from the Board of Directors. The tribunal held that a 'regular meeting' can occur even without the presence of a quorum necessary to conduct business, validating the HOA's decision to declare his office vacant after three consecutive absences.

Why this result: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the Bylaws. The ALJ determined that the meetings existed despite lack of quorum, and the Petitioner's intentional absences constituted an abuse of process and were not in the spirit of the bylaws.

Key Issues & Findings

Wrongful removal from the Board of Directors

Petitioner challenged his removal from the Board of Directors, arguing that his three consecutive absences from regularly scheduled meetings (July 8, 2021, September 9, 2021, and November 11, 2021) did not count because no quorum was met at those meetings, meaning the meetings did not exist.

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:
  • A.R.S. § 32-2199(B)
  • A.R.S. § 41-1092.07(G)(2)
  • A.R.S. § 41-1092
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Sanalina Bylaws Article VII Section 1(d)
  • Sanalina Bylaws Article VI Section 3

Analytics Highlights

Topics: HOA Board Removal, Quorum Dispute, Bylaw Interpretation, Director Absence, Regular Meeting Definition
Additional Citations:
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092
  • A.R.S. § 41-1092.09
  • A.R.S. § 32-2199(B)
  • 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)
  • Sanalina Bylaws Article VII Section 1(d)
  • Sanalina Bylaws Article VI Section 3

Video Overview

Audio Overview

Case Documents

22F-H2222049-REL Decision – 988629.pdf

Uploaded 2026-04-24T11:52:44 (105.3 KB)

Summary of Hearing Proceedings and Decision

This matter, docket number 22F-H22249-REL, involved Petitioner John Zumph, a homeowner and former Board member, challenging his removal from the Sanalina Homeowners Association ("Sanalina") Board of Directors ("Board") by the Respondent, Sanalina. The hearing was held on July 19, 2022, before Administrative Law Judge Adam D. Stone.

Key Facts and Issues:

Mr. Zumph served on the six-person Board for approximately seven years and was removed on March 10, 2022. The Board declared his office vacant pursuant to Bylaws Article VII Section 1(d), which permits removal if a member is absent from three consecutive regular meetings. The three meetings in question were regularly scheduled for July 8, 2021, September 9, 2021, and November 11, 2021.

Zumph admitted sending an email prior to the July meeting stating that he, along with others, would not attend future meetings in 2021 unless certain conditions were met, specifically requiring the resignation of two specific directors (one from a household that had two members on the Board, and the current president).

Petitioner’s Argument (John Zumph):

The primary legal issue hinged on the definition and application of "quorum". Zumph argued that since the Board requires a majority (four out of six directors) to constitute a quorum for the transaction of business (Article VI Section 3), and a quorum was not met at the three meetings he missed, those gatherings were not officially recognized as "meetings" of the Board. Therefore, he asserted, he could not have missed three consecutive regular meetings as defined by the bylaws.

Respondent’s Argument (Sanalina HOA):

Sanalina argued that regularly scheduled meetings were held on the specified dates, even if quorum was lacking. Lack of quorum prevents the *transaction of business* (i.e., votes and legal actions), but does not invalidate the meeting itself. Testimony from Board Secretary Lisa Terror confirmed that directors, the community manager, and homeowners attended the meetings, discussed agenda topics, and received community updates, though no business could be transacted. Sanalina emphasized that Zumph intentionally refused to attend to prevent quorum, which led to significant delays in association business (e.g., eight months for appeals, $9,000 cost increase for painting due to delayed votes).

Final Decision and Outcome:

The Administrative Law Judge concluded that a meeting can exist without a quorum, but no business (votes) can occur. The tribunal found Zumph's argument that the meetings did not exist due to lack of quorum "unpersuasive". The ALJ further determined that Zumph intentionally missed the meetings to "hijack" the process, halting association business, which was unacceptable and not in the spirit of the bylaws.

The ALJ found that the Petitioner did not establish that the Respondent violated Bylaws Article VII Section 1(d).

The petition was denied in a decision issued on August 1, 2022.

These sources document an Arizona administrative hearing and the subsequent legal ruling regarding a dispute between John Zumph and the Sanalina Homeowners Association. Zumph challenged his removal from the Board of Directors, which the association justified based on his absence from three consecutive meetings. While Zumph argued that these sessions did not legally qualify as meetings due to a lack of quorum, the association contended he intentionally skipped them to obstruct board business and force leadership changes. The provided transcript details the testimony and cross-examination of the parties involved, highlighting the internal conflicts within the board. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that meetings can exist even without a quorum to transact business. The final decision affirmed that Zumph’s intentional absences harmed the community and legally permitted the board to declare his seat vacant.

These sources document an Arizona administrative hearing and the subsequent legal ruling regarding a dispute between John Zumph and the Sanalina Homeowners Association. Zumph challenged his removal from the Board of Directors, which the association justified based on his absence from three consecutive meetings. While Zumph argued that these sessions did not legally qualify as meetings due to a lack of quorum, the association contended he intentionally skipped them to obstruct board business and force leadership changes. The provided transcript details the testimony and cross-examination of the parties involved, highlighting the internal conflicts within the board. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that meetings can exist even without a quorum to transact business. The final decision affirmed that Zumph’s intentional absences harmed the community and legally permitted the board to declare his seat vacant.

Case Participants

Petitioner Side

  • John Zumph (petitioner)
    Sanalina Homeowners Association
    Also referred to as John Zump or John Edward Dump; Former Board member removed from his position
  • Pete Selei (board member)
    Sanalina Homeowners Association
    Aligned with petitioner's refusal to attend meetings; Board member removed/vacated position; Also referred to as Joe Pete or Pete
  • Joe (board member)
    Sanalina Homeowners Association
    Aligned with petitioner's refusal to attend meetings

Respondent Side

  • Nick Eicher (HOA attorney)
    Sanalina Homeowners Association
    Also referred to as Nick Aker
  • Lisa Jean Terror (board member)
    Sanalina Homeowners Association
    Board Secretary; witness for Respondent

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Louis Dettorre (commissioner)
    Arizona Department of Real Estate
  • Miranda Alvarez (legal secretary)

Other Participants

  • Thomas Campanella (property manager)
    Sanalina Homeowners Association
    Community Manager; Also referred to as Thomas Pampanella
  • Javier Gimenez (management representative)
    Sanalina Homeowners Association
    Handled minutes for March meeting

Katherine Belinsky v. Del Cerro Condos

Posted on by

Case Summary

Case ID22F-H2222046-REL
AgencyADRE
TribunalOAH
Decision Date2022-07-14
Administrative Law JudgeAdam D. Stone
OutcomeThe Administrative Law Judge denied the petition, concluding that Petitioner failed to meet her burden of proving by a preponderance of the evidence that the HOA violated A.R.S. § 33-1805(A), finding that the HOA and its property managers had made records reasonably available for examination.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerKatherine BelinskyCounsel—
RespondentDel Cerro CondosCounsel—

Alleged Violations

A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge denied the petition, concluding that Petitioner failed to meet her burden of proving by a preponderance of the evidence that the HOA violated A.R.S. § 33-1805(A), finding that the HOA and its property managers had made records reasonably available for examination.

Why this result: Petitioner failed to meet the burden of proof required by A.A.C. R2-19-119. The evidence showed Respondent responded timely to requests, provided some documents, and offered Petitioner appointments to review other sensitive or older records in the office, which she failed to schedule.

Key Issues & Findings

Failure to provide books, records and accounts

Petitioner alleged Respondent failed to provide required HOA records, including bank statements, invoices, and contracts, following requests made primarily in March 2022, thereby violating statute A.R.S. § 33-1805(A).

Orders: Petitioner's petition denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:
  • A.R.S. § 33-1805
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA Records Access, Statutory Violation, Burden of Proof, Special Assessment Dispute
Additional Citations:
  • A.R.S. § 33-1805
  • A.A.C. R2-19-119
  • State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
  • Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)

Video Overview

Audio Overview

Case Documents

22F-H2222046-REL Decision – 971256.pdf

Uploaded 2026-04-26T09:58:54 (46.4 KB)

22F-H2222046-REL Decision – 983785.pdf

Uploaded 2026-04-26T09:58:58 (114.6 KB)

This summary addresses the legal case hearing concerning the Petitioner, Katherine Belinsky, versus the Respondent, Del Cerro Condos, Case No. 22F-H2222046-REL, heard on July 1, 2022, before Administrative Law Judge Adam D. Stone.

Key Facts and Main Issue

The dispute centered on the Petitioner's claim that the Del Cerro Condos Homeowners Association (HOA), a 14-unit association, failed to provide requested books, records, and accounts, constituting a violation of A.R.S. § 33-1805(A). This petition followed a period of instability within the HOA, which was described as neglected and dating back to 1969, with only $1,000.00 in the reserve account. The conflict intensified after the Board issued a $5,000.00 special assessment per unit in January 2022 to fund necessary maintenance, primarily walkway repairs. The Petitioner testified that she had been requesting documents for three to four years, specifically mentioning invoices, contracts, bank statements, and corporation records, and claimed any disclosures were "doctored".

Hearing Proceedings and Key Arguments

  1. Petitioner's Position: Katherine Belinsky (Petitioner) argued that she had received "not one thing" regarding contracts, bids, invoices, or bank statements, and was unaware of how HOA money was being spent. She cited Arizona law, including HB2158 and case law (e.g., *Callaway*), to assert that the special assessment and changes to governing documents were illegal due to lack of transparency and proper member voting.
  1. Respondent's Defense: Alessandra Wisniewski (Vice President) and Amanda Butcher (President) maintained that they, along with their property managers (PMI, and later Community Financials), were prompt in responding to Petitioner's written requests. They testified that documents such as financial statements for recent months (starting September 2021) and governing documents (CCNRs/Bylaws) were sent to the Petitioner via email. For other sensitive or older records (such as receipts, vendor bids, and individual member ledgers), Ms. Wisniewski stated that Petitioner was repeatedly instructed—in writing—to schedule an appointment to review these documents at the management office, which the Petitioner failed to do. The Board asserted they made accommodations for the Petitioner regarding her HOA payments and confirmed they were protecting sensitive information.

Legal Points and Outcome

The Administrative Law Judge (ALJ) held that the Petitioner bore the burden of proving a violation of A.R.S. § 33-1805 by a preponderance of the evidence. A.R.S. § 33-1805 mandates that records "shall be made reasonably available for examination".

The ALJ's decision found that the Petitioner failed to establish that she was denied access to the financial records. The evidence demonstrated that the Board and property manager provided documents timely and offered the opportunity for the Petitioner to make an appointment to review other requested records, an opportunity she did not utilize. The statute does not grant a unit owner the right to peruse all documents at will, as some may properly be withheld.

Final Decision: The Petitioner’s petition was denied.

Questions

Question

Who is responsible for proving that the HOA violated the law during a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, it is up to the homeowner filing the complaint to prove that the Association violated the statute. The HOA does not initially have to prove its innocence; the homeowner must present evidence that carries more weight.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1805.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal procedure

Question

What level of evidence is required to win a dispute against an HOA?

Short Answer

A preponderance of the evidence.

Detailed Answer

The homeowner must provide evidence that is more convincing than the evidence offered by the HOA. It must show that the alleged violation is 'more probable than not' to have occurred.

Alj Quote

A preponderance of the evidence is '[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.'

Legal Basis

Black's Law Dictionary (cited in decision)

Topic Tags

  • evidence
  • legal standard

Question

Does a homeowner have the right to browse through every single document the HOA possesses?

Short Answer

No, the right to inspect records is not absolute or 'at will'.

Detailed Answer

While statutes require records to be reasonably available, this does not grant homeowners the right to peruse every document at will. The ALJ noted that certain documents may properly be withheld.

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. § 33-1805

Topic Tags

  • records request
  • privacy
  • limitations

Question

If I request records, does the HOA have to mail them to me, or can they require me to view them in person?

Short Answer

The HOA complies by making records available for examination, often by appointment.

Detailed Answer

The HOA meets its statutory obligation if it makes records reasonably available for examination. In this case, offering an appointment for the homeowner to visit the office and review the documents was considered sufficient compliance, even if the homeowner refused to attend.

Alj Quote

Further, the preponderance of the evidence demonstrates that Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • compliance
  • in-person review

Question

How quickly must the HOA respond to a request to examine records?

Short Answer

Within ten business days.

Detailed Answer

Under Arizona law, an association has ten business days to fulfill a request for examination of records or to provide copies if purchased.

Alj Quote

The association shall have ten business days to fulfill a request for examination.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • deadlines
  • statutory requirements

Question

Can the HOA charge me a fee for looking at the records?

Short Answer

No fee is allowed for the review process itself.

Detailed Answer

The association is prohibited from charging a member for making material available for review. However, they may charge a fee specifically for making copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • records access

Question

What is the maximum amount an HOA can charge for copies of records?

Short Answer

Fifteen cents per page.

Detailed Answer

If a homeowner requests to purchase copies of the records, the association is limited by statute to charging no more than fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • copies

Question

Can I dispute an HOA violation if I simply refuse to cooperate with their attempts to provide records?

Short Answer

Likely not; failure to utilize offered opportunities undermines the claim.

Detailed Answer

If the HOA offers opportunities to review records (such as setting an appointment) and the homeowner fails to do so, the homeowner may fail to prove that they were denied access.

Alj Quote

Petitioner failed to establish that she was denied access to the financial records. … Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

Determined by ALJ Findings

Topic Tags

  • dispute resolution
  • homeowner responsibility

Case

Docket No
22F-H2222046-REL
Case Title
Katherine Belinsky vs Del Cerro Condos
Decision Date
2022-07-14
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving that the HOA violated the law during a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, it is up to the homeowner filing the complaint to prove that the Association violated the statute. The HOA does not initially have to prove its innocence; the homeowner must present evidence that carries more weight.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1805.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal procedure

Question

What level of evidence is required to win a dispute against an HOA?

Short Answer

A preponderance of the evidence.

Detailed Answer

The homeowner must provide evidence that is more convincing than the evidence offered by the HOA. It must show that the alleged violation is 'more probable than not' to have occurred.

Alj Quote

A preponderance of the evidence is '[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.'

Legal Basis

Black's Law Dictionary (cited in decision)

Topic Tags

  • evidence
  • legal standard

Question

Does a homeowner have the right to browse through every single document the HOA possesses?

Short Answer

No, the right to inspect records is not absolute or 'at will'.

Detailed Answer

While statutes require records to be reasonably available, this does not grant homeowners the right to peruse every document at will. The ALJ noted that certain documents may properly be withheld.

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. § 33-1805

Topic Tags

  • records request
  • privacy
  • limitations

Question

If I request records, does the HOA have to mail them to me, or can they require me to view them in person?

Short Answer

The HOA complies by making records available for examination, often by appointment.

Detailed Answer

The HOA meets its statutory obligation if it makes records reasonably available for examination. In this case, offering an appointment for the homeowner to visit the office and review the documents was considered sufficient compliance, even if the homeowner refused to attend.

Alj Quote

Further, the preponderance of the evidence demonstrates that Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • compliance
  • in-person review

Question

How quickly must the HOA respond to a request to examine records?

Short Answer

Within ten business days.

Detailed Answer

Under Arizona law, an association has ten business days to fulfill a request for examination of records or to provide copies if purchased.

Alj Quote

The association shall have ten business days to fulfill a request for examination.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • deadlines
  • statutory requirements

Question

Can the HOA charge me a fee for looking at the records?

Short Answer

No fee is allowed for the review process itself.

Detailed Answer

The association is prohibited from charging a member for making material available for review. However, they may charge a fee specifically for making copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • records access

Question

What is the maximum amount an HOA can charge for copies of records?

Short Answer

Fifteen cents per page.

Detailed Answer

If a homeowner requests to purchase copies of the records, the association is limited by statute to charging no more than fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • copies

Question

Can I dispute an HOA violation if I simply refuse to cooperate with their attempts to provide records?

Short Answer

Likely not; failure to utilize offered opportunities undermines the claim.

Detailed Answer

If the HOA offers opportunities to review records (such as setting an appointment) and the homeowner fails to do so, the homeowner may fail to prove that they were denied access.

Alj Quote

Petitioner failed to establish that she was denied access to the financial records. … Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

Determined by ALJ Findings

Topic Tags

  • dispute resolution
  • homeowner responsibility

Case

Docket No
22F-H2222046-REL
Case Title
Katherine Belinsky vs Del Cerro Condos
Decision Date
2022-07-14
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Katherine Belinsky (petitioner)
    Also referred to as Catherine Valinski, Bolinsky, or Katya/Katcha; unit owner.

Respondent Side

  • Alessandra Wisniewski (VP)
    Del Cerro Condos Board
    Also referred to as Alexandra; testified on behalf of Respondent.
  • Amanda Butcher (President)
    Del Cerro Condos Board
    Testified on behalf of Respondent.
  • Eddie B (property manager)
    PMI Lake Havasu
    President of PMI Lake Havasu; also referred to as Eddie Being.
  • Lisa Modler (property manager assistant)
    PMI Lake Havasu
    Also referred to as Lisa Miam; secretary assistance for PMI.
  • Brady Bowen (property manager)
    PMI Lake Havasu
    Business partner of Eddie B.
  • Fiser (maintenance supervisor)
    PMI Lake Havasu
    No first name provided.
  • Kathy Ein (property manager)
    Community Financials
    Manager for new management company.
  • Moses (board member)
    Del Cerro Condos Board
    Former Treasurer/Secretary on the board.

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    ADRE
  • Miranda Alvarez (legal secretary)
    OAH
    Transmitted Decision electronically.
  • AHansen (ADRE staff)
    ADRE
    Recipient of official documents.
  • vnunez (ADRE staff)
    ADRE
    Recipient of official documents.
  • djones (ADRE staff)
    ADRE
    Recipient of official documents.
  • labril (ADRE staff)
    ADRE
    Recipient of official documents.

Other Participants

  • Eric Needles (former property manager)
    London Dairy
    Former property management/statutory agent.
  • Elizabeth (statutory agent)
    Former statutory agent; last name not provided.
  • Betty Sergeant (former property manager)
    Petitioner took her to court.
  • Todd Sullivan (association manager)
    Viking New Association
    New association manager effective June 1st.
  • c. serrano (unknown)
    Transmittal initial on Del Cerro Condo contact document.

Roberta J Stevenson-McDemott v. Four Palms Homeowners

Posted on by

Case Summary

Case ID22F-H2222033-REL
AgencyADRE
TribunalOAH
Decision Date2022-07-08
Administrative Law JudgeAdam D. Stone
OutcomeThe petition was denied because the Petitioner failed to meet her burden of proving a violation of A.R.S. § 33-1258, as she had not made a proper written request for the documents since 2019, as required by the statute.
Filing Fee Reimbursement$0.00
Civil Penalties$0.00

Parties & Counsel

PetitionerRoberta J Stevenson-McDermottCounsel—
RespondentFour Palms HomeownersCounselAraceli Rodriguez

Alleged Violations

A.R.S. § 33-1258

Outcome Summary

The petition was denied because the Petitioner failed to meet her burden of proving a violation of A.R.S. § 33-1258, as she had not made a proper written request for the documents since 2019, as required by the statute.

Why this result: Petitioner failed to make a request for records in writing as required by A.R.S. § 33-1258.

Key Issues & Findings

Access to Association Financial and Other Records

Petitioner alleged the HOA violated A.R.S. § 33-1258 by denying her access and copies of various financial records dating back to 2016. The HOA argued they provided financial summaries and offered in-person review, noting Petitioner failed to make a proper written request.

Orders: Petition denied. Respondent is directed to comply with A.R.S. § 33-1258 going forward upon a proper written request from Petitioner.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

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

Analytics Highlights

Topics: Financial Records, Written Request Requirement, HOA Governance, Condominium Act
Additional Citations:
  • A.R.S. § 33-1258
  • A.R.S. § 33-1248
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119

Video Overview

Audio Overview

Case Documents

22F-H2222033-REL Decision – 967350.pdf

Uploaded 2026-04-24T11:47:58 (46.5 KB)

22F-H2222033-REL Decision – 982397.pdf

Uploaded 2026-04-24T11:48:03 (99.3 KB)

The hearing for the case of Roberta J. Stevenson-McDermott vs. Four Palms Homeowners (No. 22F-H2222033-REL) took place on June 27, 2022, before Administrative Law Judge (ALJ) Adam D. Stone of the Office of Administrative Hearings.

Key Facts and Main Issues

The dispute arose from the Petitioner’s allegation that the Respondent, Four Palms Homeowners Association (HOA), violated A.R.S. § 33-1258 concerning the disclosure of association financial and other records. Petitioner, a condominium unit owner, sought various financial documents from 2016 to the present, including yearly audit reports, budgets, 1099s, and bank statements, alleging increasing lack of transparency. The Petitioner testified that she had been denied the ability to review official records and that the Treasurer frequently made excuses as to why she could not view them.

Hearing Proceedings and Key Arguments

Petitioner Roberta J. Stevenson-McDermott appeared on her own behalf. She argued that as an owner, she was entitled to copies of these documents, and bank statements should be provided unless HOA and personal funds were co-mingled.

Respondent Four Palms Homeowners, represented by Araceli Rodriguez, Esq., maintained that the HOA had complied with its statutory duties. The Treasurer, Mario Selinas, testified that financial summaries (such as cash flow and income statements generated by the HOA software "Buildium") were provided to Petitioner upon request. Respondent argued that the full bank statements were withheld from distribution due to privacy concerns, specifically the potential for harassment of delinquent unit owners or the accidental disclosure of personal financial records, which is an exception carved out in A.R.S. § 33-1258(B).

Most Important Legal Points

The most critical legal point revolved around the interpretation and application of A.R.S. § 33-1258, which requires that financial records be made available for examination upon a request made in writing. Respondent contended that although the Petitioner had made verbal requests during meetings, she had never submitted a request in writing for the bank statements to the Treasurer. Respondent further noted that the HOA had offered Petitioner the opportunity to *examine* the bank statements in person, as permitted by the statute, but she failed to follow through.

Final Decision and Outcome

The ALJ issued a decision on July 8, 2022, finding that the Petitioner bore the burden of proving a violation by a preponderance of the evidence. The ALJ concluded that the Petitioner failed to establish that she was denied access to the financial records because she had not made the proper written request required by A.R.S. § 33-1258.

The Petitioner’s petition was therefore denied. The ALJ, however, issued a directive that the Respondent is ordered to comply with the requirements of A.R.S. § 33-1258 going forward, contingent upon receiving a proper written request from the Petitioner.

Questions

Question

Must I submit my request for HOA financial records in writing?

Short Answer

Yes, the statute explicitly requires that requests for examination of records be made in writing.

Detailed Answer

The Administrative Law Judge ruled against the homeowner partly because she failed to provide evidence of a written request. The decision emphasizes that the governing statute requires requests for examination to be in writing to be valid and enforceable.

Alj Quote

A.R.S. § 33-1258 requires that association documents, with certain identified exceptions, 'shall be made reasonably available for examination by any member…in writing'.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • records request
  • procedural requirements

Question

Do I have the right to look through all HOA documents whenever I want?

Short Answer

No, homeowners do not have an unlimited right to peruse all association documents at will.

Detailed Answer

While the law requires records to be reasonably available, it does not grant an unfettered right to browse all documents. Specific procedures must be followed, and certain documents may be withheld.

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

  • homeowner rights
  • limitations

Question

What happens if I cannot prove I sent a written request for records?

Short Answer

Your petition may be denied for failing to meet the burden of proof.

Detailed Answer

In this case, the homeowner claimed she was denied access, but the judge found she failed to establish a denial because the preponderance of the evidence showed she had not made the required written request.

Alj Quote

Further, the preponderance of the evidence showed that she has failed to make any such request in writing as the statute requires. … Therefore, at this time, Petitioner failed to establish that she was denied access to the financial records.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • evidence

Question

Can the HOA charge me for copies of records?

Short Answer

Yes, the HOA is allowed to charge a fee for copies.

Detailed Answer

The statute permits the association to charge a fee per page for making copies of requested records, provided the request is for the purchase of copies.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • fees
  • copies

Question

Is the HOA allowed to withhold certain records from me?

Short Answer

Yes, specific categories of records, such as personal or privileged information, may be withheld.

Detailed Answer

The decision outlines statutory exceptions where books and records can be withheld, including privileged attorney communications, pending litigation, and personal financial or health records of individual members or employees.

Alj Quote

Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following: … Personal, health or financial records of an individual member of the association…

Legal Basis

A.R.S. § 33-1258(B)

Topic Tags

  • privacy
  • exemptions

Question

How long does the HOA have to fulfill my request for records?

Short Answer

The HOA has ten business days to fulfill a request for examination or to provide copies.

Detailed Answer

The statute mandates a ten-business-day timeframe for the association to comply with a written request for either examining records or purchasing copies.

Alj Quote

The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies … the association shall have ten business days to provide copies of the requested records.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • timelines
  • deadlines

Question

Who is responsible for proving that the HOA violated the law?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing, it is the petitioner's responsibility to prove by a preponderance of the evidence that the HOA violated the specific statute.

Alj Quote

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

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal standards

Case

Docket No
22F-H2222033-REL
Case Title
Roberta J Stevenson-McDermott vs. Four Palms Homeowners
Decision Date
2022-07-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Must I submit my request for HOA financial records in writing?

Short Answer

Yes, the statute explicitly requires that requests for examination of records be made in writing.

Detailed Answer

The Administrative Law Judge ruled against the homeowner partly because she failed to provide evidence of a written request. The decision emphasizes that the governing statute requires requests for examination to be in writing to be valid and enforceable.

Alj Quote

A.R.S. § 33-1258 requires that association documents, with certain identified exceptions, 'shall be made reasonably available for examination by any member…in writing'.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • records request
  • procedural requirements

Question

Do I have the right to look through all HOA documents whenever I want?

Short Answer

No, homeowners do not have an unlimited right to peruse all association documents at will.

Detailed Answer

While the law requires records to be reasonably available, it does not grant an unfettered right to browse all documents. Specific procedures must be followed, and certain documents may be withheld.

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

  • homeowner rights
  • limitations

Question

What happens if I cannot prove I sent a written request for records?

Short Answer

Your petition may be denied for failing to meet the burden of proof.

Detailed Answer

In this case, the homeowner claimed she was denied access, but the judge found she failed to establish a denial because the preponderance of the evidence showed she had not made the required written request.

Alj Quote

Further, the preponderance of the evidence showed that she has failed to make any such request in writing as the statute requires. … Therefore, at this time, Petitioner failed to establish that she was denied access to the financial records.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • evidence

Question

Can the HOA charge me for copies of records?

Short Answer

Yes, the HOA is allowed to charge a fee for copies.

Detailed Answer

The statute permits the association to charge a fee per page for making copies of requested records, provided the request is for the purchase of copies.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • fees
  • copies

Question

Is the HOA allowed to withhold certain records from me?

Short Answer

Yes, specific categories of records, such as personal or privileged information, may be withheld.

Detailed Answer

The decision outlines statutory exceptions where books and records can be withheld, including privileged attorney communications, pending litigation, and personal financial or health records of individual members or employees.

Alj Quote

Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to any of the following: … Personal, health or financial records of an individual member of the association…

Legal Basis

A.R.S. § 33-1258(B)

Topic Tags

  • privacy
  • exemptions

Question

How long does the HOA have to fulfill my request for records?

Short Answer

The HOA has ten business days to fulfill a request for examination or to provide copies.

Detailed Answer

The statute mandates a ten-business-day timeframe for the association to comply with a written request for either examining records or purchasing copies.

Alj Quote

The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies … the association shall have ten business days to provide copies of the requested records.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • timelines
  • deadlines

Question

Who is responsible for proving that the HOA violated the law?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing, it is the petitioner's responsibility to prove by a preponderance of the evidence that the HOA violated the specific statute.

Alj Quote

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

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal standards

Case

Docket No
22F-H2222033-REL
Case Title
Roberta J Stevenson-McDermott vs. Four Palms Homeowners
Decision Date
2022-07-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Roberta J Stevenson-McDermott (petitioner)
  • Sean Embry (owner/witness)
    Provided letter of support (not admitted as evidence)
  • Lenor Embry (owner/witness)
    Provided letter of support (not admitted as evidence)
  • Philip Smith (owner/witness)
    Provided letter of support (not admitted as evidence)
  • c. serrano (clerical staff)
    Transmitted document for Petitioner

Respondent Side

  • Araceli Rodriguez (HOA attorney)
    Yuma Law Firm (inferred)
    Represented Four Palms Homeowners Association
  • Faye Burson (board member)
    Four Palms Homeowners HOA
    Vice President and witness (also listed as FA Buren)
  • Mario Salinas (board member)
    Four Palms Homeowners HOA
    Treasurer and witness (also listed as Mario Selenus)
  • Gilbert Sto (board member)
    Four Palms Homeowners HOA
    President
  • Lesie Blessing (board member)
    Four Palms Homeowners HOA
    Vice President (2016 board) and Secretary (current board)
  • Gail Hall (board member)
    Four Palms Homeowners HOA
    Fifth member
  • Linia Ohn (former board member)
    Four Palms Homeowners HOA
    Received payments in 2018 (also listed as Lenia own)
  • Scott Hoser (former board member)
    Four Palms Homeowners HOA
    Fifth member (2016 board)

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Louis Dettorre (ADRE Commissioner)
    ADRE
  • Miranda Alvarez (Legal Secretary)
    ADRE
    Transmitted decision

Other Participants

  • Lisa Bon (former board member/owner)
    Secretary (2016 board); provided letter of support to Petitioner

Brenda C Norman v. Rancho Del Lago Community Association

Posted on by

Case Summary

Case ID22F-H2221019-REL
AgencyADRE
TribunalOAH
Decision Date2022-01-18
Administrative Law JudgeAdam D. Stone
OutcomePetitioner 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 Fee Reimbursement$500.00
Civil Penalties$0.00

Parties & Counsel

PetitionerBrenda C NormanCounsel—
RespondentRancho Del Lago Community AssociationCounselMackenzie 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

Case Documents

22F-H2221019-REL Decision – 939490.pdf

Uploaded 2026-04-26T09:57:40 (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