Tag Archives: Velva Moses-Thompson

Barbara J. Ryan v. Dragoon Mountain Ranch Phase I Meadows Property

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Case Summary

Case ID 23F-H035-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-04-17
Administrative Law Judge Velva Moses-Thompson
Outcome The Petitioner was deemed the prevailing party. The ALJ found the Respondent violated Bylaw section 7.1 by failing to hold an annual members meeting in 2021 and 2022. Respondent was ordered to refund the $500 filing fee and ensure future compliance with Bylaw section 7.1. No civil penalty was imposed.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Barbara J. Ryan Counsel —
Respondent Dragoon Mountain Ranch Phase I Meadows Property Owners Association Counsel Jody Corrales, Esq.

Alleged Violations

A.R.S. § 33-1804, A.R.S. § 33-1318, Respondent’s Bylaws sections 7.1, 7.2, 12.1 – 12.3

Outcome Summary

The Petitioner was deemed the prevailing party. The ALJ found the Respondent violated Bylaw section 7.1 by failing to hold an annual members meeting in 2021 and 2022. Respondent was ordered to refund the $500 filing fee and ensure future compliance with Bylaw section 7.1. No civil penalty was imposed.

Why this result: The violation (failure to hold an annual member meeting) was undisputed by the Respondent, and Respondent's counsel conceded there were no legal defenses to this fact.

Key Issues & Findings

Failure to hold an annual members meeting in two years and ignoring members written petitions and requests for a meeting

It was undisputed that the Respondent HOA failed to hold an annual meeting of the members from March 2020 to the time of the hearing. The ALJ found by a preponderance of the evidence that the Respondent violated section 7.1 of its Bylaws.

Orders: Respondent must pay the Petitioner's filing fee of $500.00 within thirty days and is directed to comply with section 7.1 of its Bylaws going forward. No civil penalty was found appropriate.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1318
  • Respondent’s Bylaws sections 7.1
  • Respondent’s Bylaws sections 7.2
  • Respondent’s Bylaws sections 12.1 – 12.3
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. §32-2199.02(B)
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: HOA Annual Meeting, Bylaws Violation, Filing Fee Refund, Administrative Hearing, Planned Community
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1318
  • Respondent’s Bylaws sections 7.1
  • Respondent’s Bylaws sections 7.2
  • Respondent’s Bylaws sections 12.1 – 12.3
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. §32-2199.02(B)
  • A.R.S. § 41-1092.09

Video Overview

Audio Overview

Decision Documents

23F-H035-REL Decision – 1043132.pdf

Uploaded 2026-04-24T12:02:56 (55.9 KB)

23F-H035-REL Decision – 1048244.pdf

Uploaded 2026-04-24T12:03:02 (37.7 KB)

23F-H035-REL Decision – 1049662.pdf

Uploaded 2026-04-24T12:03:16 (18.7 KB)

23F-H035-REL Decision – 1049665.pdf

Uploaded 2026-04-24T12:03:31 (23.9 KB)

23F-H035-REL Decision – 1049666.pdf

Uploaded 2026-04-24T12:03:40 (87.4 KB)

This is a summary of the administrative hearing held on March 27, 2023, before Administrative Law Judge (ALJ) Velva Moses-Thompson at the Office of Administrative Hearings (OAH).

Key Facts and Parties

The case, *In the Matter of Barbara J. Ryan vs. Dragoon Mountain Ranch Phase I Meadows Property Owners Association*, Docket No. 23F-H035-REL, involved Petitioner Barbara J. Ryan (Petitioner) and the Respondent Homeowners Association (HOA). The Petitioner paid $500.00 to file the dispute. The Respondent was represented by attorney Jody Corrales.

Main Issue and Core Dispute

The issue set for determination was whether the Respondent HOA violated Arizona Revised Statutes (A.R.S. § 33-1804 and § 33-1318) and the HOA’s Bylaws (specifically Article 7.1) by failing to hold an annual member meeting in two years.

Key Arguments and Proceedings

  1. Petitioner’s Position: The Petitioner argued that the Respondent's Board of Directors had failed to hold an annual member meeting since February 2020, a period exceeding three years. This failure violated both the association's bylaws and Arizona statutes, despite multiple requests from members.
  2. Undisputed Fact: The Respondent's counsel stipulated and confirmed that there had been no annual members meeting held since February 2020.
  3. Respondent’s Defense: The Respondent's primary defense for the lack of meetings was attributed to ongoing legal turbulence, including contentious state court litigation (initiated around September 2021) and a subsequent Chapter 11 bankruptcy filing (August 25, 2022). The HOA argued that this reorganization process justified the delay. The Respondent also asserted that a vote by written ballot for directors in February 2021 served the same function as an annual meeting for that year.
  4. ALJ Determination on Jurisdiction: The ALJ strictly limited the hearing's scope to the single paid issue concerning the failure to hold the required annual meeting, explicitly rejecting discussion on related issues such as board elections, removal proceedings, or the details of the bankruptcy, stating these matters were outside the ALJ's jurisdiction.
  5. Legal Concession: Ultimately, the Respondent's counsel conceded that they had no legal defenses to the fact that they failed to hold the annual meeting.

Outcome and Final Decision

The Administrative Law Judge issued the decision on April 17, 2023:

  1. Violation Found: The ALJ concluded that the preponderance of the evidence established that the Respondent violated section 7.1 of its Bylaws by failing to hold an annual meeting of the members in 2021 and 2022.
  2. Prevailing Party: Petitioner Barbara J. Ryan was deemed the prevailing party.
  3. Remedy: The Respondent was ordered to pay the Petitioner’s filing fee of $500.00 within thirty days.
  4. Compliance Order: The Respondent was further directed to comply with the requirements of section 7.1 of its Bylaws going forward.
  5. Penalty: No civil penalty was found appropriate in this matter.

Questions

Question

Can an HOA skip annual member meetings due to ongoing litigation or bankruptcy proceedings?

Short Answer

No. Legal defenses based on external issues like litigation or bankruptcy may not validate the failure to hold meetings required by bylaws.

Detailed Answer

In this case, the HOA attempted to argue that bankruptcy and litigation prevented them from holding meetings. However, the ALJ noted that the Respondent's own counsel eventually admitted there were no legal defenses for failing to hold the meeting, and the failure was ruled a violation.

Alj Quote

Respondent’s counsel stated that there were no legal defenses to Respondent’s failure to hold a board meeting.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • annual meetings
  • HOA defenses
  • bankruptcy

Question

If I include multiple complaints in my petition but only pay the fee for one, will the judge hear all of them?

Short Answer

No. The Administrative Law Judge will likely only address the specific issue for which the filing fee was paid.

Detailed Answer

The petitioner included allegations regarding failure to respond to requests for special meetings and removal of directors, but because she only paid the $500 fee for one issue (failure to hold annual meetings), the other allegations were not addressed in the decision.

Alj Quote

The petition included other allegations including, but not limited to, the Board failure to respond to requests for a special meeting of members and/or a meeting to remove directors from the Board. However, Petitioner has paid for only one issue.

Legal Basis

Procedural Rule

Topic Tags

  • filing fees
  • petition scope
  • administrative procedure

Question

Does the failure to hold an annual meeting automatically invalidate the HOA's corporate actions?

Short Answer

Not necessarily. Bylaws often contain specific provisions stating that the failure to hold a meeting does not affect the validity of corporate actions.

Detailed Answer

The decision cites a specific section of the HOA's bylaws which explicitly states that missing the fixed time for an annual meeting does not invalidate corporate actions.

Alj Quote

The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with the Bylaws does not affect the validity of any corporate action.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • corporate actions
  • validity
  • bylaws

Question

What standard of proof must a homeowner meet to win a hearing against their HOA?

Short Answer

The homeowner must prove the violation by a 'preponderance of the evidence'.

Detailed Answer

The burden is on the petitioner to show that their contention is 'more probably true than not.' It is not based on the number of witnesses but on the convincing force of the evidence.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated on its CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A)

Topic Tags

  • burden of proof
  • legal standard
  • evidence

Question

Can I be reimbursed for my filing fee if I win my case against the HOA?

Short Answer

Yes. The ALJ has the authority to order the HOA to pay the filing fee back to the prevailing homeowner.

Detailed Answer

After ruling in favor of the petitioner regarding the failure to hold meetings, the judge ordered the HOA to pay the petitioner the $500 filing fee within 30 days.

Alj Quote

IT IS FURTHER ORDERED that Respondent Dragoon Mountain Ranch Phase I Meadows Property Owners Association must pay to Petitioner her filing fee of $500.00 within thirty days of receipt of this Order.

Legal Basis

Order of the ALJ

Topic Tags

  • reimbursement
  • filing fees
  • penalties

Question

Will the HOA always be fined a civil penalty if they are found to have violated the bylaws?

Short Answer

No. The judge may decide that a civil penalty is not appropriate even if a violation is found.

Detailed Answer

Although the HOA was found to have violated the bylaws by not holding meetings for two years, the judge explicitly declined to assess a civil penalty in this specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Judicial Discretion

Topic Tags

  • civil penalty
  • fines
  • enforcement

Case

Docket No
23F-H035-REL
Case Title
Barbara J. Ryan vs Dragoon Mountain Ranch Phase I Meadows Property Owners Association
Decision Date
2023-04-17
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Can an HOA skip annual member meetings due to ongoing litigation or bankruptcy proceedings?

Short Answer

No. Legal defenses based on external issues like litigation or bankruptcy may not validate the failure to hold meetings required by bylaws.

Detailed Answer

In this case, the HOA attempted to argue that bankruptcy and litigation prevented them from holding meetings. However, the ALJ noted that the Respondent's own counsel eventually admitted there were no legal defenses for failing to hold the meeting, and the failure was ruled a violation.

Alj Quote

Respondent’s counsel stated that there were no legal defenses to Respondent’s failure to hold a board meeting.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • annual meetings
  • HOA defenses
  • bankruptcy

Question

If I include multiple complaints in my petition but only pay the fee for one, will the judge hear all of them?

Short Answer

No. The Administrative Law Judge will likely only address the specific issue for which the filing fee was paid.

Detailed Answer

The petitioner included allegations regarding failure to respond to requests for special meetings and removal of directors, but because she only paid the $500 fee for one issue (failure to hold annual meetings), the other allegations were not addressed in the decision.

Alj Quote

The petition included other allegations including, but not limited to, the Board failure to respond to requests for a special meeting of members and/or a meeting to remove directors from the Board. However, Petitioner has paid for only one issue.

Legal Basis

Procedural Rule

Topic Tags

  • filing fees
  • petition scope
  • administrative procedure

Question

Does the failure to hold an annual meeting automatically invalidate the HOA's corporate actions?

Short Answer

Not necessarily. Bylaws often contain specific provisions stating that the failure to hold a meeting does not affect the validity of corporate actions.

Detailed Answer

The decision cites a specific section of the HOA's bylaws which explicitly states that missing the fixed time for an annual meeting does not invalidate corporate actions.

Alj Quote

The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with the Bylaws does not affect the validity of any corporate action.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • corporate actions
  • validity
  • bylaws

Question

What standard of proof must a homeowner meet to win a hearing against their HOA?

Short Answer

The homeowner must prove the violation by a 'preponderance of the evidence'.

Detailed Answer

The burden is on the petitioner to show that their contention is 'more probably true than not.' It is not based on the number of witnesses but on the convincing force of the evidence.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated on its CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A)

Topic Tags

  • burden of proof
  • legal standard
  • evidence

Question

Can I be reimbursed for my filing fee if I win my case against the HOA?

Short Answer

Yes. The ALJ has the authority to order the HOA to pay the filing fee back to the prevailing homeowner.

Detailed Answer

After ruling in favor of the petitioner regarding the failure to hold meetings, the judge ordered the HOA to pay the petitioner the $500 filing fee within 30 days.

Alj Quote

IT IS FURTHER ORDERED that Respondent Dragoon Mountain Ranch Phase I Meadows Property Owners Association must pay to Petitioner her filing fee of $500.00 within thirty days of receipt of this Order.

Legal Basis

Order of the ALJ

Topic Tags

  • reimbursement
  • filing fees
  • penalties

Question

Will the HOA always be fined a civil penalty if they are found to have violated the bylaws?

Short Answer

No. The judge may decide that a civil penalty is not appropriate even if a violation is found.

Detailed Answer

Although the HOA was found to have violated the bylaws by not holding meetings for two years, the judge explicitly declined to assess a civil penalty in this specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Judicial Discretion

Topic Tags

  • civil penalty
  • fines
  • enforcement

Case

Docket No
23F-H035-REL
Case Title
Barbara J. Ryan vs Dragoon Mountain Ranch Phase I Meadows Property Owners Association
Decision Date
2023-04-17
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Barbara J. Ryan (petitioner)
    Appeared on behalf of herself
  • Bill Nethery (witness)
    Meadows Property Association member
    Listed as a witness on Petitioner's petition
  • Damon Rosen (applicant for board vacancy)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association member
    Individual who submitted a resume to serve on the board

Respondent Side

  • Jody A. Corrales (HOA attorney)
    DeConcini McDonald Yetwin & Lacy
    Represented the Respondent, Dragoon Mountain Ranch Phase I Meadows Property Owners Association
  • Dorothy Marine (board member/witness)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director and President of the board; testified at hearing
  • Cindy Celeste (board member)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director
  • Jim Kasa (board member)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
    Also introduced herself as Sales Thompson
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • labril (ADRE staff)
    Arizona Department of Real Estate

Other Participants

  • Gail Olia (former board member)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director who resigned; also referred to as Jill Olia
  • Sorl Tate (homeowner)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association member
    Individual whose prior contentious state court proceeding against the HOA contributed to the bankruptcy

Deborah Masear v. Paradise Park Condominiums Phase II Homeowners

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Case Summary

Case ID 22F-H2222057-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-10-05
Administrative Law Judge Velva Moses-Thompson
Outcome The petition filed by the homeowner against the HOA was dismissed because the homeowner failed to prove the HOA violated A.R.S. § 33-1243(J) regarding financial reporting.
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Deborah Mesear Counsel —
Respondent Paradise Park Condominiums Phase II Homeowners Association Counsel Ashley N. Moscarello, Esq.

Alleged Violations

A.R.S. § 33-1243(J)

Outcome Summary

The petition filed by the homeowner against the HOA was dismissed because the homeowner failed to prove the HOA violated A.R.S. § 33-1243(J) regarding financial reporting.

Why this result: The Petitioner failed to establish that the Association violated the applicable statute by a preponderance of the evidence, resulting in the dismissal of the petition.

Key Issues & Findings

Violation of HOA statutory duty to provide annual financial reports (audit, review, or compilation)

Petitioner alleged the HOA failed to share an annual audit/compilation for 2017-2021. The ALJ found the HOA provided financial compilations for 2017-2020 after the petition was filed. The claim regarding 2021 was found to be premature because the financial compilation was not yet due when the petition was filed on May 29, 2022.

Orders: The petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1243(J)
  • A.R.S. § 33-1810

Analytics Highlights

Topics: Condominium Act, Financial Records, Compilation, Statutory Compliance, HOA Management
Additional Citations:

  • A.R.S. § 33-1243(J)
  • A.R.S. § 33-1810
  • A.R.S. § 32-2199(1)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.09

Video Overview

Audio Overview

Decision Documents

22F-H2222057-REL Decision – 1003891.pdf

Uploaded 2026-04-24T11:53:40 (95.1 KB)

22F-H2222057-REL Decision – 988206.pdf

Uploaded 2026-04-24T11:53:44 (57.1 KB)

22F-H2222057-REL Decision – 989133.pdf

Uploaded 2026-04-24T11:53:48 (50.1 KB)

22F-H2222057-REL Decision – 994978.pdf

Uploaded 2026-04-24T11:53:51 (50.8 KB)

This decision, issued by Administrative Law Judge Velva Moses-Thompson on October 5, 2022, dismissed the petition brought by Deborah Mesear, a condominium unit owner, against the Paradise Park Condominiums Phase II Homeowners Association (the Association).

Key Facts and Legal Issue:

The dispute centered on the Association's compliance with Arizona financial reporting laws for condominiums. The core issue set for determination was whether the Association violated Arizona Revised Statutes (A.R.S.) § 33-1243(J) (the applicable statute for condominiums) by failing to share annual financial reports for the years 2017 through 2021.

Petitioner Deborah Mesear filed her petition on May 29, 2022, alleging the Association failed to provide annual audits despite multiple requests, stating she could find no evidence that audits had been completed.

Legal Framework and Arguments:

  1. Statutory Requirement: A.R.S. § 33-1243(J) mandates that the board provide for an annual financial audit, review or compilation of the association. This report must be completed no later than 180 days after the fiscal year ends and made available to unit owners within 30 days of completion.
  2. Association's Defense (Compilations vs. Audits): The Association confirmed through the testimony of its community manager, Carl Westlund, that it did not prepare full audits for the relevant years, but rather financial compilations, which are substantially more limited in scope and less expensive than an audit. The Association argued that choosing a compilation complies fully with A.R.S. § 33-1243(J), as the statute permits any one of the three report types.
  3. Sharing of Reports (2017–2020): After the petition was filed, the Association provided Mesear with the financial compilations for 2017 through 2020. Mesear received these reports but argued that compilations were incomplete financial reports.
  4. 2021 Report Issue: Mesear emphasized that the 2021 report had not been provided. The Association testified that a compilation for 2021 had been ordered from a new accountant but was not yet completed as of the September 15, 2022, hearing date. The Association argued that Mesear's petition, filed May 29, 2022, regarding the 2021 compilation was not yet ripe because the 180-day deadline for its completion had likely not yet passed.

Outcome and Legal Decision:

The Administrative Law Judge determined that the Petitioner bore the burden of proving a violation by a preponderance of the evidence.

The ALJ concluded that:

  • The Association was not required to prepare annual audits; selecting annual financial compilations satisfies A.R.S. § 33-1243(J).
  • The Association shared the compilations for 2017 through 2020 with Mesear.
  • The issue concerning the 2021 compilation was not ripe when the May 29, 2022, petition was filed.

Ms. Mesear failed to establish that the Association violated A.R.S. § 33-1243. The petition was ordered dismissed.

Questions

Question

Is my condo HOA legally required to perform a full financial audit every year?

Short Answer

Not necessarily; a review or compilation is often sufficient unless the governing documents specifically require an audit.

Detailed Answer

Under Arizona law for condominiums, an association is not required to perform a full audit unless the specific condominium documents demand it. The law allows for an audit, a review, or a compilation.

Alj Quote

Unless any provision in the condominium documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association.

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Financial Reports
  • Audits
  • HOA Obligations

Question

What is the deadline for the HOA to complete the annual financial report?

Short Answer

The report must be completed no later than 180 days after the end of the fiscal year.

Detailed Answer

The association has a statutory window of 180 days following the close of the fiscal year to complete the required financial audit, review, or compilation.

Alj Quote

The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Deadlines
  • Financial Reports
  • Procedural Requirements

Question

Once the financial report is finished, how soon must the HOA provide it to me?

Short Answer

The HOA must make it available within 30 days of its completion upon request.

Detailed Answer

After the financial document (audit, review, or compilation) is completed, the association is legally obligated to make it available to unit owners who request it within a 30-day window.

Alj Quote

and shall be made available on request to the unit owners within thirty days after its completion.

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Homeowner Rights
  • Transparency
  • Financial Reports

Question

Can I file a complaint against my HOA for failing to provide a financial report before the 180-day deadline has passed?

Short Answer

No, a complaint filed before the deadline is considered premature (not ripe).

Detailed Answer

If a homeowner files a petition regarding a missing financial report before the statutory 180-day period has elapsed, the issue is not yet ripe for adjudication because the obligation is not yet due.

Alj Quote

Moreover, the issue of whether the Association complied with A.R.S. section 33-1243 for year 2021 was not yet ripe at the time that Ms. Mesear filed her May 29, 2022 petition, because a financial compilation was not yet due.

Legal Basis

Ripeness Doctrine

Topic Tags

  • Legal Procedures
  • Filing Disputes
  • Deadlines

Question

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

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding HOA disputes, the petitioner must prove their case by a preponderance of the evidence.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated the A.R.S. section 33-1243(J) by a preponderance of the evidence.

Legal Basis

Burden of Proof

Topic Tags

  • Legal Standards
  • Hearing Procedures

Question

What standard of proof is used in these administrative hearings?

Short Answer

Preponderance of the evidence.

Detailed Answer

This standard requires evidence that is sufficient to incline a fair and impartial mind to one side rather than the other, making the contention more probably true than not.

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

Evidentiary Standard

Topic Tags

  • Legal Standards
  • Evidence

Question

If I live in a condominium, can I cite the Planned Communities statutes (A.R.S. § 33-1810) in my complaint?

Short Answer

No, condominiums are governed by the Condominium Act, specifically A.R.S. § 33-1243(J) for financials.

Detailed Answer

While the requirements may be similar, the specific statute for planned communities does not apply to condominiums. Condominium owners must cite the applicable Condominium Act statutes.

Alj Quote

A.R.S. section 33-1810 applies to planned communities and does not apply to the Association. However, A.R.S. section 33-1243(J) applies to condominiums

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Jurisdiction
  • Statutes
  • Condominiums

Case

Docket No
22F-H2222057-REL
Case Title
Deborah Mesear vs Paradise Park Condominiums Phase II Homeowners Association
Decision Date
2022-10-05
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Is my condo HOA legally required to perform a full financial audit every year?

Short Answer

Not necessarily; a review or compilation is often sufficient unless the governing documents specifically require an audit.

Detailed Answer

Under Arizona law for condominiums, an association is not required to perform a full audit unless the specific condominium documents demand it. The law allows for an audit, a review, or a compilation.

Alj Quote

Unless any provision in the condominium documents requires an annual audit by a certified public accountant, the board of directors shall provide for an annual financial audit, review or compilation of the association.

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Financial Reports
  • Audits
  • HOA Obligations

Question

What is the deadline for the HOA to complete the annual financial report?

Short Answer

The report must be completed no later than 180 days after the end of the fiscal year.

Detailed Answer

The association has a statutory window of 180 days following the close of the fiscal year to complete the required financial audit, review, or compilation.

Alj Quote

The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Deadlines
  • Financial Reports
  • Procedural Requirements

Question

Once the financial report is finished, how soon must the HOA provide it to me?

Short Answer

The HOA must make it available within 30 days of its completion upon request.

Detailed Answer

After the financial document (audit, review, or compilation) is completed, the association is legally obligated to make it available to unit owners who request it within a 30-day window.

Alj Quote

and shall be made available on request to the unit owners within thirty days after its completion.

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Homeowner Rights
  • Transparency
  • Financial Reports

Question

Can I file a complaint against my HOA for failing to provide a financial report before the 180-day deadline has passed?

Short Answer

No, a complaint filed before the deadline is considered premature (not ripe).

Detailed Answer

If a homeowner files a petition regarding a missing financial report before the statutory 180-day period has elapsed, the issue is not yet ripe for adjudication because the obligation is not yet due.

Alj Quote

Moreover, the issue of whether the Association complied with A.R.S. section 33-1243 for year 2021 was not yet ripe at the time that Ms. Mesear filed her May 29, 2022 petition, because a financial compilation was not yet due.

Legal Basis

Ripeness Doctrine

Topic Tags

  • Legal Procedures
  • Filing Disputes
  • Deadlines

Question

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

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding HOA disputes, the petitioner must prove their case by a preponderance of the evidence.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated the A.R.S. section 33-1243(J) by a preponderance of the evidence.

Legal Basis

Burden of Proof

Topic Tags

  • Legal Standards
  • Hearing Procedures

Question

What standard of proof is used in these administrative hearings?

Short Answer

Preponderance of the evidence.

Detailed Answer

This standard requires evidence that is sufficient to incline a fair and impartial mind to one side rather than the other, making the contention more probably true than not.

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

Evidentiary Standard

Topic Tags

  • Legal Standards
  • Evidence

Question

If I live in a condominium, can I cite the Planned Communities statutes (A.R.S. § 33-1810) in my complaint?

Short Answer

No, condominiums are governed by the Condominium Act, specifically A.R.S. § 33-1243(J) for financials.

Detailed Answer

While the requirements may be similar, the specific statute for planned communities does not apply to condominiums. Condominium owners must cite the applicable Condominium Act statutes.

Alj Quote

A.R.S. section 33-1810 applies to planned communities and does not apply to the Association. However, A.R.S. section 33-1243(J) applies to condominiums

Legal Basis

A.R.S. § 33-1243(J)

Topic Tags

  • Jurisdiction
  • Statutes
  • Condominiums

Case

Docket No
22F-H2222057-REL
Case Title
Deborah Mesear vs Paradise Park Condominiums Phase II Homeowners Association
Decision Date
2022-10-05
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Deborah Mesear (petitioner, witness)
    Also appears as Deborah Masear and Deborah Mesier in the sources.

Respondent Side

  • Ashley N. Moscarello (HOA attorney)
    Goodman Holmgren Law Group
    Also appears as Ashley Moscarello, Esq. and Ashley Carillo.
  • Carl Westlund (property manager, witness)
    The Management Trust
    Community manager for Paradise Park Condominiums Phase II Homeowners Association.
  • Mark A. Holmgren (HOA attorney)
    Goodman Holmgren Law Group

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (ADRE Commissioner)
    Arizona Department of Real Estate
  • A. Hansen (ADRE staff)
    Arizona Department of Real Estate
    Listed as administrative contact (Attn:).
  • V. Nunez (ADRE staff)
    Arizona Department of Real Estate
    Listed as administrative contact (Attn:).
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
    Listed as administrative contact (Attn:).
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
    Listed as administrative contact (Attn:).

Other Participants

  • Miranda Alvarez (legal secretary)
    Signed transmission notice.
  • c. serrano (legal secretary)
    Signed transmission notice.

David G. Iadevavia v. Ventana Shadows Homeowners Association, Inc.

Posted on by

Case Summary

Case ID 22F-H2222044-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-07-29
Administrative Law Judge Velva Moses-Thompson
Outcome The HOA did not violate its duties by selectively enforcing CC&R Section 2.16 against Petitioner regarding his mobile observatory.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David G. Iadevavia Counsel —
Respondent Ventana Shadows Homeowners Association, Inc. Counsel Carolyn B. Goldschmidt, Esq.

Alleged Violations

CC&R Section 2.16

Outcome Summary

The HOA did not violate its duties by selectively enforcing CC&R Section 2.16 against Petitioner regarding his mobile observatory.

Why this result: Petitioner failed to prove that the mobile observatory was not a trailer under the plain and obvious meaning of CC&R Section 2.16, or that the HOA's enforcement constituted illegal selective enforcement.

Key Issues & Findings

Selective enforcement of CC&R Section 2.16 regarding vehicles/trailers.

Petitioner alleged that the HOA selectively enforced CC&R Section 2.16 (regarding parking/vehicles/trailers) against him concerning his 'mobile observatory' while failing to enforce the rule or similar rules against other homeowners (sheds).

Orders: The Administrative Law Judge determined that the HOA did not violate its duties by selectively enforcing CC&R Section 2.16 against the Petitioner.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Arizona Biltmore Estates vs. TZAC, 868 T2 1030
  • Arizona Biltmore Estates vs. TZAC, 177 Arizona 47
  • Burke versus Voice Screen Wireless Corporation, 87P381
  • Burke versus Voice Screen Wireless Corporation, 207 Arizona 393
  • Restatement (Third) of Property: Servitudes § 6.13(1)(b),(c) (2000)
  • A.R.S. §32-2199.02(B)
  • A.R.S. § 41-1092.09
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)
  • A.R.S. 41-1092.07
  • A.A.C. R2-19-106(D)
  • A.A.C. R2-19-113(A)(3) and (4)
  • A.A.C. R2-19-116

Analytics Highlights

Topics: HOA, CC&Rs, Selective Enforcement, Trailer, Mobile Observatory, Parking
Additional Citations:

  • CC&R Section 2.16
  • Restatement (Third) of Property: Servitudes
  • Arizona Biltmore Estates vs. TZAC
  • Burke versus Voice Screen Wireless Corporation

Video Overview

Audio Overview

Decision Documents

22F-H2222044-REL Decision – 973802.pdf

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22F-H2222044-REL Decision – 974694.pdf

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22F-H2222044-REL Decision – 975118.pdf

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22F-H2222044-REL Decision – 977059.pdf

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22F-H2222044-REL Decision – 977202.pdf

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22F-H2222044-REL Decision – 977294.pdf

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22F-H2222044-REL Decision – 978417.pdf

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22F-H2222044-REL Decision – 978990.pdf

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22F-H2222044-REL Decision – 978991.pdf

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22F-H2222044-REL Decision – 979005.pdf

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22F-H2222044-REL Decision – 982403.pdf

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22F-H2222044-REL Decision – 993469.pdf

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This summary addresses the hearing proceedings, key facts, main issues, and the status of the final decision in the matter of *David G. Iadevavia v. Ventana Shadows Homeowners Association, Inc.* (No. 22F-H2222044-REL) before the Office of Administrative Hearings.

Summary of Hearing Proceedings

Key Facts & Procedural History

The Petitioner, David G. Iadevavia, proceeded *pro se* following the grant of his prior counsel's withdrawal. The Respondent, Ventana Shadows Homeowners Association, Inc. (HOA), was represented by Carolyn Goldmith. The hearing was conducted virtually on June 27, 2022, before Administrative Law Judge (ALJ) Velva Moses-Thompson.

The ALJ initially identified three potential issues based on Iadevavia’s petition (CCNR 2.16, ARS 33-1803, ARS 33-1804), requiring $1,500 in fees, but since only $500 was paid, the matter was narrowed to a single issue. The final issue for determination, established after a pre-hearing conference and subsequent amendment, was: Whether the Respondent Ventana Shadows Homeowners Association, Inc. selectively enforced section 2.16 of the CC&Rs against Petitioner David G. Iadevavia while at the same time not enforcing it against other homeowners, including homeowners who currently serve on the board.

The ALJ denied Iadevavia's subsequent motion to amend the hearing issue further, citing lack of jurisdiction. The ALJ also denied Iadevavia's request for a subpoena because it did not satisfy the requirements of Arizona Administrative Code R2-19-113(A)(3) and (4).

Key Arguments and Legal Points

Petitioner's Argument (Iadevavia): Selective Enforcement and Ambiguity

Iadevavia, a retired professor of astronomy and physics, argued that the HOA selectively enforced the restrictive covenant, specifically CCNR 2.16, against him.

  1. Object Identification: He contended that his "mobile observatory" was factually a storage shed on a trailer, not a trailer or recreational vehicle. He presented photos showing that the HOA had seemingly "grandfathered" numerous storage sheds owned by other residents, including board members, that were visible above walls. Since "storage shed" was not defined in the CCNRs, he argued the board failed to act reasonably by not grandfathering his structure.
  2. CCNR Ambiguity: Iadevavia emphasized that the CCNRs lacked clear definitions for key terms like "trailer," "storage shed," "garage," or "driveway". He asserted that without unambiguous definitions, the board relied on subjectivity, leading to selective enforcement.
  3. Inconsistent Application: He noted the board's delay of 270 days in denying his Architectural Review Committee (ARC) request to shield the object, despite a 30-day requirement, demonstrating that the board does not follow its own rules.

Respondent's Argument (HOA): Plain Meaning and Contract Law

The HOA focused on the plain meaning of the CCNRs and legal standards governing restrictive covenants.

  1. Plain Meaning of "Trailer": The HOA asserted that Iadevavia’s object was commonly understood to be a trailer (utility trailer or RV). Witnesses confirmed the structure had features like axles, wheels, and a license plate.
  2. Contractual Interpretation: The HOA argued that CCNRs are considered a contract under Arizona law, and a term is only ambiguous if it defeats the plain and obvious meaning of the restriction. They cited case law (*Arizona Builtmore Estates v. TZAK*; *Burke v. Voice Screen Wireless Corporation*) to support the reliance on commonly accepted meanings when terms are undefined.
  3. Applicability of 2.16: CCNR 2.16.2 requires that vehicles like trailers must be stored in an enclosed garage or screened from view. The HOA noted that the specific violation regarding visibility was resolved when Iadevavia erected a wooden structure in early 2021. The HOA distinguished Iadevavia’s mobile trailer from stationary, constructed sheds, arguing that equating the two makes "no sense" und

Questions

Question

Can I claim that my HOA violated a CC&R provision meant to regulate homeowner behavior, such as parking rules?

Short Answer

No. CC&R provisions regulating conduct like parking are rules for homeowners to follow, not the HOA.

Detailed Answer

The ALJ clarified that a homeowner cannot successfully argue that the HOA violated a CC&R section designed to regulate homeowner conduct (e.g., parking restrictions). Such sections govern what a homeowner can or cannot do, but do not impose a direct duty on the HOA itself that can be violated in the manner described.

Alj Quote

This is a CC&R that regulates the homeowners. A homeowner may violate this section, but not the HOA… This is not a section that the HOA would violate in and of itself.

Legal Basis

CC&R Interpretation

Topic Tags

  • CC&R Violations
  • HOA Obligations
  • Legal Standards

Question

Am I entitled to a rebuttal closing argument after the hearing record closes?

Short Answer

No. Rebuttal closing arguments are generally not permitted under OAH rules.

Detailed Answer

Homeowners should make all necessary arguments during the hearing. The procedural rules for the Office of Administrative Hearings do not entitle a petitioner to a rebuttal closing argument, especially if one was not requested during the hearing itself.

Alj Quote

Petitioner is not entitled to a rebuttal closing argument pursuant to the rules that govern hearings at the Office of Administrative Hearings. … Furthermore, Petitioner did not request a rebuttal closing at the time of the hearing.

Legal Basis

Arizona Administrative Code R2-19-116

Topic Tags

  • Hearing Procedures
  • Homeowner Rights
  • Closing Arguments

Question

Can I amend the hearing issue to include general claims about the HOA's duty to treat members fairly?

Short Answer

The tribunal may deny such amendments if it lacks jurisdiction over broad common law claims.

Detailed Answer

In this case, a motion to amend the hearing issue to include violations of duties to 'treat members fairly' and 'act reasonably' (citing the Restatement of Property) was denied by the ALJ specifically due to a lack of jurisdiction.

Alj Quote

IT IS ORDERED that Petitioner’s motion to amend the hearing issue is denied due to lack of jurisdiction.

Legal Basis

Jurisdiction

Topic Tags

  • Jurisdiction
  • Amending Claims
  • Fairness

Question

Will my request for a subpoena automatically be granted?

Short Answer

No. Subpoena requests must strictly follow the Arizona Administrative Code requirements.

Detailed Answer

A homeowner's request for a subpoena will be denied if it fails to satisfy the specific requirements outlined in the administrative rules (R2-19-113). It is not automatic; the correct form and substance are required.

Alj Quote

IT IS ORDERED that the request for subpoena is denied. The request does not satisfy the requirements of Arizona Administrative Code R2-19-113(A)(3) and (4).

Legal Basis

Arizona Administrative Code R2-19-113

Topic Tags

  • Evidence
  • Subpoenas
  • Procedural Requirements

Question

Does the filing fee cover multiple unrelated issues in my petition?

Short Answer

No. The filing fee is tied to the number of issues; additional issues require additional payment.

Detailed Answer

If a petition includes multiple distinct issues (e.g., CC&R violation, notice violation, open meeting violation), the homeowner may be required to pay a higher fee. In this case, three issues required a total of $1,500, whereas a single issue was $500.

Alj Quote

With the violation of CC&R 2.16 and also 33-1803 and 33-1804. Those would be three separate issues and that would require a total payment of $1,500.

Legal Basis

Filing Fees

Topic Tags

  • Filing Fees
  • Petition Process
  • Costs

Question

Can the hearing be conducted virtually instead of in person?

Short Answer

Yes. The ALJ can order the hearing to be conducted via video conferencing or telephone.

Detailed Answer

The Office of Administrative Hearings utilizes platforms like Google Meet to allow parties to appear virtually for hearings.

Alj Quote

IT IS ORDERED that the hearing in this matter will be conducted either by video conferencing or telephone participation through Google Meet

Legal Basis

Hearing Procedures

Topic Tags

  • Virtual Hearing
  • Accessibility
  • Procedure

Case

Docket No
22F-H2222044-REL
Case Title
David G. Iadevavia vs. Ventana Shadows Homeowners Association, Inc.
Decision Date
2022-07-08
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Can I claim that my HOA violated a CC&R provision meant to regulate homeowner behavior, such as parking rules?

Short Answer

No. CC&R provisions regulating conduct like parking are rules for homeowners to follow, not the HOA.

Detailed Answer

The ALJ clarified that a homeowner cannot successfully argue that the HOA violated a CC&R section designed to regulate homeowner conduct (e.g., parking restrictions). Such sections govern what a homeowner can or cannot do, but do not impose a direct duty on the HOA itself that can be violated in the manner described.

Alj Quote

This is a CC&R that regulates the homeowners. A homeowner may violate this section, but not the HOA… This is not a section that the HOA would violate in and of itself.

Legal Basis

CC&R Interpretation

Topic Tags

  • CC&R Violations
  • HOA Obligations
  • Legal Standards

Question

Am I entitled to a rebuttal closing argument after the hearing record closes?

Short Answer

No. Rebuttal closing arguments are generally not permitted under OAH rules.

Detailed Answer

Homeowners should make all necessary arguments during the hearing. The procedural rules for the Office of Administrative Hearings do not entitle a petitioner to a rebuttal closing argument, especially if one was not requested during the hearing itself.

Alj Quote

Petitioner is not entitled to a rebuttal closing argument pursuant to the rules that govern hearings at the Office of Administrative Hearings. … Furthermore, Petitioner did not request a rebuttal closing at the time of the hearing.

Legal Basis

Arizona Administrative Code R2-19-116

Topic Tags

  • Hearing Procedures
  • Homeowner Rights
  • Closing Arguments

Question

Can I amend the hearing issue to include general claims about the HOA's duty to treat members fairly?

Short Answer

The tribunal may deny such amendments if it lacks jurisdiction over broad common law claims.

Detailed Answer

In this case, a motion to amend the hearing issue to include violations of duties to 'treat members fairly' and 'act reasonably' (citing the Restatement of Property) was denied by the ALJ specifically due to a lack of jurisdiction.

Alj Quote

IT IS ORDERED that Petitioner’s motion to amend the hearing issue is denied due to lack of jurisdiction.

Legal Basis

Jurisdiction

Topic Tags

  • Jurisdiction
  • Amending Claims
  • Fairness

Question

Will my request for a subpoena automatically be granted?

Short Answer

No. Subpoena requests must strictly follow the Arizona Administrative Code requirements.

Detailed Answer

A homeowner's request for a subpoena will be denied if it fails to satisfy the specific requirements outlined in the administrative rules (R2-19-113). It is not automatic; the correct form and substance are required.

Alj Quote

IT IS ORDERED that the request for subpoena is denied. The request does not satisfy the requirements of Arizona Administrative Code R2-19-113(A)(3) and (4).

Legal Basis

Arizona Administrative Code R2-19-113

Topic Tags

  • Evidence
  • Subpoenas
  • Procedural Requirements

Question

Does the filing fee cover multiple unrelated issues in my petition?

Short Answer

No. The filing fee is tied to the number of issues; additional issues require additional payment.

Detailed Answer

If a petition includes multiple distinct issues (e.g., CC&R violation, notice violation, open meeting violation), the homeowner may be required to pay a higher fee. In this case, three issues required a total of $1,500, whereas a single issue was $500.

Alj Quote

With the violation of CC&R 2.16 and also 33-1803 and 33-1804. Those would be three separate issues and that would require a total payment of $1,500.

Legal Basis

Filing Fees

Topic Tags

  • Filing Fees
  • Petition Process
  • Costs

Question

Can the hearing be conducted virtually instead of in person?

Short Answer

Yes. The ALJ can order the hearing to be conducted via video conferencing or telephone.

Detailed Answer

The Office of Administrative Hearings utilizes platforms like Google Meet to allow parties to appear virtually for hearings.

Alj Quote

IT IS ORDERED that the hearing in this matter will be conducted either by video conferencing or telephone participation through Google Meet

Legal Basis

Hearing Procedures

Topic Tags

  • Virtual Hearing
  • Accessibility
  • Procedure

Case

Docket No
22F-H2222044-REL
Case Title
David G. Iadevavia vs. Ventana Shadows Homeowners Association, Inc.
Decision Date
2022-07-08
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • David G. Iadevavia (petitioner)
  • Jill H. Perrella (attorney)
    Snell & Wilmer LLP

Respondent Side

  • Carolyn B. Goldschmidt (HOA attorney)
    Goldschmidt | Shupe, PLLC
  • Bill Borg (witness/board member)
  • Jason Bader (witness/board member)

Neutral Parties

  • Velva Moses-Thompson (ALJ)
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • c. serrano (OAH staff)
  • M Alvarez (OAH staff)
  • A. Hansen (ADRE staff)
    Arizona Department of Real Estate
  • V. Nunez (ADRE staff)
    Arizona Department of Real Estate
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate

Other Participants

  • Rick Abbott (spectator)

Gregory Ehle V. Fulton Ranch Homeowners Association

Posted on by

Case Summary

Case ID 22F-H2222031-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-07-11
Administrative Law Judge Velva Moses-Thompson
Outcome The Administrative Law Judge dismissed the petition after finding that the Petitioner failed to meet his burden of proof to show that the Fulton Ranch Homeowners Association violated A.R.S. § 33-1804(E)(2) concerning an emergency board meeting. The evidence established that no such meeting took place, and the statute does not require the Board to hold one.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Gregory Ehle Counsel —
Respondent Fulton Ranch Homeowners Association Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(E)(2)

Outcome Summary

The Administrative Law Judge dismissed the petition after finding that the Petitioner failed to meet his burden of proof to show that the Fulton Ranch Homeowners Association violated A.R.S. § 33-1804(E)(2) concerning an emergency board meeting. The evidence established that no such meeting took place, and the statute does not require the Board to hold one.

Why this result: Petitioner failed to establish the violation by a preponderance of the evidence, as he conceded he did not know if an emergency meeting was held and could not provide legal authority showing that one was required.

Key Issues & Findings

Alleged violation regarding an emergency meeting of the board members.

Petitioner alleged that the Respondent HOA violated A.R.S. § 33-1804(E)(2) concerning the procedures for an emergency board meeting, specifically regarding a message sent out by the HOA's managing agent. The case proceeded on this single issue after Petitioner failed to pay the required additional filing fees for four total issues claimed.

Orders: The Administrative Law Judge dismissed the petition, concluding that the Respondent HOA did not hold an emergency board meeting and was not required by A.R.S. § 33-1804(E)(2) to hold one.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(E)(2)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Analytics Highlights

Topics: emergency meeting, board of directors, failure to pay filing fee, burden of proof, dismissal, A.R.S. 33-1804
Additional Citations:

  • A.R.S. § 33-1804(E)(2)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Video Overview

Audio Overview

Decision Documents

22F-H2222031-REL Decision – 964714.pdf

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22F-H2222031-REL Decision – 964973.pdf

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22F-H2222031-REL Decision – 965150.pdf

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22F-H2222031-REL Decision – 965339.pdf

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22F-H2222031-REL Decision – 967084.pdf

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22F-H2222031-REL Decision – 967089.pdf

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22F-H2222031-REL Decision – 967102.pdf

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22F-H2222031-REL Decision – 973304.pdf

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22F-H2222031-REL Decision – 977404.pdf

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22F-H2222031-REL Decision – 982867.pdf

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This summary details the proceedings, key arguments, and final decision in the administrative hearing case of *Gregory Ehle v. Fulton Ranch Homeowners Association* (No. 22F-H2222031-REL), held before Administrative Law Judge (ALJ) Velva Moses-Thompson.

Key Facts and Procedural History

Petitioner Gregory Ehle filed a petition with the Arizona Department of Real Estate (AZDRE) around February 2, 2022, alleging four separate violations by the Respondent, Fulton Ranch Homeowners Association (Fulton Ranch). Ehle paid a $500 filing fee, but the tribunal ordered him to remit an additional $1,500 for the four claims. Ehle failed to pay the outstanding fee by the deadline (May 6, 2022). Consequently, and because Ehle failed to notify the tribunal of his preferred single issue, the ALJ determined that the sole issue to be addressed at the June 21, 2022, hearing was an alleged violation of A.R.S. § 33-1804(E)(2) concerning an emergency meeting of the board members.

Hearing Proceedings and Main Arguments

The hearing took place on June 21, 2022. Petitioner Ehle, appearing on his own behalf, initially failed to appear, but the hearing proceeded after he connected virtually.

Petitioner's Argument: Ehle contended that a November 12, 2020, notice issued by Fulton Ranch regarding the cessation of responses to his emails constituted a matter of urgency that should have necessitated an emergency board meeting. Ehle alleged that if an emergency meeting had been conducted, the required minutes were not published at the next regular board meeting. However, under examination, Ehle conceded that he was unaware of whether an emergency board meeting was actually held.

Respondent's Argument: Fulton Ranch, represented by Emily Mann, Esq., argued for dismissal on multiple grounds, including a potential bar by the one-year statute of limitations. The primary argument, supported by testimony from Kevin Hearty (Division Vice President for the community manager, CCMC), was that no emergency board meeting occurred between September 2020 and November 12, 2020. Fulton Ranch asserted that A.R.S. § 33-1804(E)(2) governs the *procedure* for an emergency meeting, and since no meeting was held, no violation of the procedure could have occurred.

Outcome and Legal Decision

The ALJ issued the decision on July 11, 2022.

Key Legal Points and Findings:

  1. Petitioner bore the burden of proof to establish a violation by a preponderance of the evidence.
  2. The weight of the evidence showed that Fulton Ranch did not hold an emergency board meeting regarding the decision concerning Mr. Ehle's emails.
  3. The ALJ explicitly concluded that A.R.S. § 33-1804(E)(2) allows the Board to conduct an emergency meeting, but the statute does not require the Board to hold one. Ehle failed to provide legal authority supporting his contention that a meeting was mandatory.

Final Decision: Because Ehle failed to establish that Fulton Ranch violated A.R.S. § 33-1804(E)(2), the Administrative Law Judge dismissed the petition.

Questions

Question

Is my HOA board legally required to hold an emergency meeting for urgent matters?

Short Answer

No, the statute allows for emergency meetings but does not mandate them.

Detailed Answer

The ALJ determined that while state law permits a board to call an emergency meeting for issues that cannot wait 48 hours, the homeowner failed to prove there is any legal requirement forcing the board to hold one. The board has the discretion to call such meetings but is not obligated to do so.

Alj Quote

Mr. Ehle failed to provide any legal authority in his petition or at hearing to support his contention that the Board was required to hold an emergency board meeting.

Legal Basis

A.R.S. § 33-1804(E)(2)

Topic Tags

  • emergency meetings
  • board obligations

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, the homeowner filing the complaint must prove their case by a 'preponderance of the evidence,' meaning they must show it is more likely than not that the violation occurred.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A)

Topic Tags

  • burden of proof
  • legal standards

Question

Can I be penalized if I don't pay the full filing fees for all my complaints?

Short Answer

Yes, the tribunal will limit the hearing to only the issues covered by the paid fees.

Detailed Answer

If a homeowner alleges multiple violations but only pays the filing fee for one, the tribunal may dismiss the unpaid claims and order the homeowner to choose a single issue to proceed with at the hearing.

Alj Quote

The tribunal ordered Petitioner to pay an additional $1,500 for the four issues claimed. However, Petitioner failed to do so… IT IS ORDERED that the single issue to be addressed at hearing is an alleged violation of A.R.S. § 33-1804(E)(2)…

Legal Basis

Procedural Order

Topic Tags

  • filing fees
  • procedure

Question

Can I punish my HOA for failing to produce minutes for a meeting they claim never happened?

Short Answer

No, if no meeting was held, there are no minutes to produce.

Detailed Answer

You cannot successfully claim a procedural violation (like missing minutes) for a meeting that did not take place. If the evidence shows no meeting occurred, the claim will be dismissed.

Alj Quote

The weight of the evidence shows that Fulton Ranch did not hold an emergency board meeting… Therefore, the Administrative Law Judge concludes that Mr. Ehle has failed to establish that Fulton Ranch violated A.R.S. § 33-1804(E)(2) and the petition should be dismissed.

Legal Basis

A.R.S. § 33-1804(E)(2)

Topic Tags

  • meeting minutes
  • evidence

Question

What qualifies as an 'emergency' for an HOA board meeting?

Short Answer

Matters that cannot be delayed for the standard 48-hour notice period.

Detailed Answer

State law defines an emergency meeting as one called to discuss business or take action that is too urgent to wait for the standard 48 hours required for notice of a regular meeting.

Alj Quote

An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed for the forty-eight hours required for notice.

Legal Basis

A.R.S. § 33-1804(E)(2)

Topic Tags

  • emergency meetings
  • definitions

Question

Can I attend my HOA dispute hearing virtually?

Short Answer

Yes, hearings can be conducted via video conferencing or telephone.

Detailed Answer

The Office of Administrative Hearings allows parties to appear either in person or virtually (e.g., via Google Meet) for the proceedings.

Alj Quote

Either party may appear virtually or in person for the hearing.

Legal Basis

Procedural Order

Topic Tags

  • hearings
  • procedure

Question

What does 'preponderance of the evidence' mean?

Short Answer

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

Detailed Answer

This is the standard of proof used in these hearings. It is not about the number of witnesses, but the convincing force of the evidence that inclines an impartial mind to one side.

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

Topic Tags

  • legal definitions
  • evidence

Case

Docket No
22F-H2222031-REL
Case Title
Gregory Ehle v. Fulton Ranch Homeowners Association
Decision Date
2022-07-11
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Is my HOA board legally required to hold an emergency meeting for urgent matters?

Short Answer

No, the statute allows for emergency meetings but does not mandate them.

Detailed Answer

The ALJ determined that while state law permits a board to call an emergency meeting for issues that cannot wait 48 hours, the homeowner failed to prove there is any legal requirement forcing the board to hold one. The board has the discretion to call such meetings but is not obligated to do so.

Alj Quote

Mr. Ehle failed to provide any legal authority in his petition or at hearing to support his contention that the Board was required to hold an emergency board meeting.

Legal Basis

A.R.S. § 33-1804(E)(2)

Topic Tags

  • emergency meetings
  • board obligations

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, the homeowner filing the complaint must prove their case by a 'preponderance of the evidence,' meaning they must show it is more likely than not that the violation occurred.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A)

Topic Tags

  • burden of proof
  • legal standards

Question

Can I be penalized if I don't pay the full filing fees for all my complaints?

Short Answer

Yes, the tribunal will limit the hearing to only the issues covered by the paid fees.

Detailed Answer

If a homeowner alleges multiple violations but only pays the filing fee for one, the tribunal may dismiss the unpaid claims and order the homeowner to choose a single issue to proceed with at the hearing.

Alj Quote

The tribunal ordered Petitioner to pay an additional $1,500 for the four issues claimed. However, Petitioner failed to do so… IT IS ORDERED that the single issue to be addressed at hearing is an alleged violation of A.R.S. § 33-1804(E)(2)…

Legal Basis

Procedural Order

Topic Tags

  • filing fees
  • procedure

Question

Can I punish my HOA for failing to produce minutes for a meeting they claim never happened?

Short Answer

No, if no meeting was held, there are no minutes to produce.

Detailed Answer

You cannot successfully claim a procedural violation (like missing minutes) for a meeting that did not take place. If the evidence shows no meeting occurred, the claim will be dismissed.

Alj Quote

The weight of the evidence shows that Fulton Ranch did not hold an emergency board meeting… Therefore, the Administrative Law Judge concludes that Mr. Ehle has failed to establish that Fulton Ranch violated A.R.S. § 33-1804(E)(2) and the petition should be dismissed.

Legal Basis

A.R.S. § 33-1804(E)(2)

Topic Tags

  • meeting minutes
  • evidence

Question

What qualifies as an 'emergency' for an HOA board meeting?

Short Answer

Matters that cannot be delayed for the standard 48-hour notice period.

Detailed Answer

State law defines an emergency meeting as one called to discuss business or take action that is too urgent to wait for the standard 48 hours required for notice of a regular meeting.

Alj Quote

An emergency meeting of the board of directors may be called to discuss business or take action that cannot be delayed for the forty-eight hours required for notice.

Legal Basis

A.R.S. § 33-1804(E)(2)

Topic Tags

  • emergency meetings
  • definitions

Question

Can I attend my HOA dispute hearing virtually?

Short Answer

Yes, hearings can be conducted via video conferencing or telephone.

Detailed Answer

The Office of Administrative Hearings allows parties to appear either in person or virtually (e.g., via Google Meet) for the proceedings.

Alj Quote

Either party may appear virtually or in person for the hearing.

Legal Basis

Procedural Order

Topic Tags

  • hearings
  • procedure

Question

What does 'preponderance of the evidence' mean?

Short Answer

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

Detailed Answer

This is the standard of proof used in these hearings. It is not about the number of witnesses, but the convincing force of the evidence that inclines an impartial mind to one side.

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

Topic Tags

  • legal definitions
  • evidence

Case

Docket No
22F-H2222031-REL
Case Title
Gregory Ehle v. Fulton Ranch Homeowners Association
Decision Date
2022-07-11
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Gregory Ehle (petitioner)
    Appeared on behalf of himself.

Respondent Side

  • Emily H. Mann (HOA attorney)
    Phillips, Maceyko & Battock, PLLC
    Appeared on behalf of Respondent Fulton Ranch Homeowners Association.
  • Kevin Hardy (witness)
    CCMC
    Division Vice President for Fulton Ranch's Community Manager (CCMC).

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    ADRE
  • Miranda Alvarez (legal secretary)
    OAH
    Handled document transmission.
  • c. serrano (staff)
    OAH
    Handled document transmission.
  • A. Hansen (staff)
    ADRE
    Listed as contact for ADRE.
  • v. nunez (staff)
    ADRE
    Listed as contact for ADRE.
  • d. jones (staff)
    ADRE
    Listed as contact for ADRE.
  • l. abril (staff)
    ADRE
    Listed as contact for ADRE.

Other Participants

  • Natasha Bell (community manager)
    CCMC
    Former CCMC employee who served as the association's community manager in 2020.

Stephen and Elizabeth Tosh

Posted on by

Case Summary

Case ID 22F-H2222035-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-06-24
Administrative Law Judge Velva Moses-Thompson
Outcome The Administrative Law Judge ordered that the petition filed by Stephen and Elizabeth Tosh against the Cimmarron Superstition HOA be dismissed, as the Petitioners failed to appear at the hearing set on their behalf and thus failed to meet the required burden of proof.
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Stephen and Elizabeth Tosh Counsel —
Respondent Cimmarron Superstition HOA Counsel Christopher Hanlon

Alleged Violations

A.A.C. R2-19-119

Outcome Summary

The Administrative Law Judge ordered that the petition filed by Stephen and Elizabeth Tosh against the Cimmarron Superstition HOA be dismissed, as the Petitioners failed to appear at the hearing set on their behalf and thus failed to meet the required burden of proof.

Why this result: Petitioners failed to appear at the hearing on June 24, 2022, and consequently did not present evidence to satisfy the burden of proof required under A.A.C. R2-19-119.

Key Issues & Findings

Petition Dismissal for Failure to Appear

Petition was dismissed because Petitioners failed to appear at the scheduled hearing and therefore presented no evidence to meet their burden of proof.

Orders: The petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.A.C. R2-19-119
  • A.R.S. §32-2199.02(B)
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: dismissal, failure to appear, burden of proof
Additional Citations:

  • A.A.C. R2-19-119
  • A.R.S. §32-2199.02(B)
  • A.R.S. § 41-1092.09

Video Overview

Audio Overview

Decision Documents

22F-H2222035-REL Decision – 968715.pdf

Uploaded 2026-04-24T11:48:17 (33.0 KB)

22F-H2222035-REL Decision – 969556.pdf

Uploaded 2026-04-24T11:48:21 (48.5 KB)

22F-H2222035-REL Decision – 979812.pdf

Uploaded 2026-04-24T11:48:25 (72.2 KB)

22F-H2222035-REL Decision – 989050.pdf

Uploaded 2026-04-24T11:48:28 (39.3 KB)

This summary addresses the hearing proceedings, key facts, main legal points, and final administrative outcome of the matter involving Petitioners Stephen and Elizabeth Tosh versus Respondent Cimmarron Superstition HOA, identified as Case No. 22F-H2222035-REL, heard in the Office of Administrative Hearings (OAH).

Key Facts and Proceedings

The hearing in this matter was scheduled for June 24, 2022. The Petitioners, Stephen and Elizabeth Tosh, failed to appear at the scheduled hearing. Christopher Hanlon, Esq., appeared on behalf of the Respondent Cimmarron Superstition HOA.

During the proceeding, Mr. Hanlon informed the Administrative Law Judge (ALJ), Velva Moses-Thompson, that he had learned the previous night that his key witness had tested positive for COVID and could not physically attend. Although Mr. Hanlon suggested arguing his pending motion to dismiss, the ALJ waited approximately 15 minutes, allowing a grace period, as Petitioners were representing themselves in this specific OAH matter. The Petitioners did not contact the OAH to request a delay, appear in person, or file a request to appear telephonically.

Main Legal Issues and Rationale

The central legal point supporting the decision was the allocation of the burden of proof. Pursuant to Arizona Administrative Code (A.A.C.) R2-19-119, the burden of proof rested solely upon the Petitioners.

By failing to appear at the hearing, the Petitioners did not present any evidence to support their claims. Consequently, the ALJ concluded that Petitioners failed to meet the required burden of proof.

Outcome and Final Decision

Based on the Petitioners' failure to appear and subsequent failure to meet the burden of proof, the Administrative Law Judge issued a Decision ordering that the petition is dismissed.

This Order was issued on June 24, 2022. The decision was declared binding on the parties unless a rehearing was granted pursuant to A.R.S. § 32-2199.04, requiring a request for rehearing to be filed with the Commissioner of the Department of Real Estate within 30 days.

The Petitioners subsequently filed a "Notice of action (appeal)" on July 21, 2022. However, the OAH determined on August 2, 2022, that these documents would not be considered because no further action could be taken on the matter by the Office of Administrative Hearings.

Questions

Question

Who is responsible for proving the claims in an HOA dispute hearing?

Short Answer

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

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden of proof lies with the party bringing the action (the Petitioners). If they fail to present evidence to support their petition, they cannot prevail.

Alj Quote

The burden of proof in this matter is on Petitioners. See A.A.C. R2-19-119.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal standards

Question

What happens if I fail to attend my scheduled administrative hearing?

Short Answer

The petition will likely be dismissed because you failed to meet the burden of proof.

Detailed Answer

Attendance is mandatory to present evidence. If a petitioner fails to appear, they offer no evidence to support their claims. Consequently, the ALJ will find that they failed to meet the burden of proof and will order the petition dismissed.

Alj Quote

By failing to appear at the hearing, Petitioners failed to meet the required burden of proof. Therefore, the petition should be dismissed.

Legal Basis

Failure to Prosecute / Default

Topic Tags

  • attendance
  • procedural requirements
  • dismissal

Question

Is there a grace period if I am late to my hearing?

Short Answer

The judge may allow a short grace period (e.g., 15 minutes), but if you do not appear or contact the office by then, the hearing proceeds without you.

Detailed Answer

In this specific instance, the hearing was scheduled for 9:00 AM, but the judge noted on the record that the hearing did not start until approximately 9:15 AM to allow for a grace period. Since no one appeared or contacted the office to request a delay, the dismissal proceeded.

Alj Quote

Although the hearing did not start until approximately 9:15 a.m., no one appeared on behalf of Petitioners through an attorney, or contact the OAH to request that the start of the hearing be further delayed.

Legal Basis

Procedural Discretion

Topic Tags

  • attendance
  • procedural requirements

Question

What is the deadline for requesting a rehearing after a decision is issued?

Short Answer

You must file a request for rehearing with the Commissioner within 30 days of service of the order.

Detailed Answer

If a party disagrees with the ALJ's decision, they have a strict 30-day window from the date of service of the order to file a request for a rehearing with the Real Estate Commissioner.

Alj Quote

Pursuant to A.R.S. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.

Legal Basis

A.R.S. § 41-1092.09

Topic Tags

  • appeals
  • rehearing
  • deadlines

Question

Can I file an appeal or new documents directly with the Office of Administrative Hearings (OAH) after the case is closed?

Short Answer

No, once the OAH has issued its decision, it generally cannot take further action or consider new documents.

Detailed Answer

Once the ALJ issues the final order or dismissal, the OAH loses jurisdiction to act further on the matter. Subsequent filings, such as notices of appeal or new evidence, will not be considered by the OAH.

Alj Quote

The documents will not be considered because no further action can be taken on the matter by the Office of Administrative Hearings.

Legal Basis

Jurisdiction

Topic Tags

  • appeals
  • jurisdiction
  • procedural requirements

Question

Is the Administrative Law Judge's order automatically binding?

Short Answer

Yes, the order is binding on all parties unless a rehearing is officially granted.

Detailed Answer

The decision issued by the ALJ carries the weight of law and binds the parties involved immediately, subject only to the granting of a specific motion for rehearing.

Alj Quote

Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04.

Legal Basis

A.R.S. § 32-2199.02(B)

Topic Tags

  • legal standards
  • enforcement

Case

Docket No
22F-H2222035-REL
Case Title
Stephen and Elizabeth Tosh v. Cimmarron Superstition HOA
Decision Date
2022-06-24
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving the claims in an HOA dispute hearing?

Short Answer

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

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden of proof lies with the party bringing the action (the Petitioners). If they fail to present evidence to support their petition, they cannot prevail.

Alj Quote

The burden of proof in this matter is on Petitioners. See A.A.C. R2-19-119.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal standards

Question

What happens if I fail to attend my scheduled administrative hearing?

Short Answer

The petition will likely be dismissed because you failed to meet the burden of proof.

Detailed Answer

Attendance is mandatory to present evidence. If a petitioner fails to appear, they offer no evidence to support their claims. Consequently, the ALJ will find that they failed to meet the burden of proof and will order the petition dismissed.

Alj Quote

By failing to appear at the hearing, Petitioners failed to meet the required burden of proof. Therefore, the petition should be dismissed.

Legal Basis

Failure to Prosecute / Default

Topic Tags

  • attendance
  • procedural requirements
  • dismissal

Question

Is there a grace period if I am late to my hearing?

Short Answer

The judge may allow a short grace period (e.g., 15 minutes), but if you do not appear or contact the office by then, the hearing proceeds without you.

Detailed Answer

In this specific instance, the hearing was scheduled for 9:00 AM, but the judge noted on the record that the hearing did not start until approximately 9:15 AM to allow for a grace period. Since no one appeared or contacted the office to request a delay, the dismissal proceeded.

Alj Quote

Although the hearing did not start until approximately 9:15 a.m., no one appeared on behalf of Petitioners through an attorney, or contact the OAH to request that the start of the hearing be further delayed.

Legal Basis

Procedural Discretion

Topic Tags

  • attendance
  • procedural requirements

Question

What is the deadline for requesting a rehearing after a decision is issued?

Short Answer

You must file a request for rehearing with the Commissioner within 30 days of service of the order.

Detailed Answer

If a party disagrees with the ALJ's decision, they have a strict 30-day window from the date of service of the order to file a request for a rehearing with the Real Estate Commissioner.

Alj Quote

Pursuant to A.R.S. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.

Legal Basis

A.R.S. § 41-1092.09

Topic Tags

  • appeals
  • rehearing
  • deadlines

Question

Can I file an appeal or new documents directly with the Office of Administrative Hearings (OAH) after the case is closed?

Short Answer

No, once the OAH has issued its decision, it generally cannot take further action or consider new documents.

Detailed Answer

Once the ALJ issues the final order or dismissal, the OAH loses jurisdiction to act further on the matter. Subsequent filings, such as notices of appeal or new evidence, will not be considered by the OAH.

Alj Quote

The documents will not be considered because no further action can be taken on the matter by the Office of Administrative Hearings.

Legal Basis

Jurisdiction

Topic Tags

  • appeals
  • jurisdiction
  • procedural requirements

Question

Is the Administrative Law Judge's order automatically binding?

Short Answer

Yes, the order is binding on all parties unless a rehearing is officially granted.

Detailed Answer

The decision issued by the ALJ carries the weight of law and binds the parties involved immediately, subject only to the granting of a specific motion for rehearing.

Alj Quote

Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04.

Legal Basis

A.R.S. § 32-2199.02(B)

Topic Tags

  • legal standards
  • enforcement

Case

Docket No
22F-H2222035-REL
Case Title
Stephen and Elizabeth Tosh v. Cimmarron Superstition HOA
Decision Date
2022-06-24
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Stephen Tosh (petitioner)
  • Elizabeth Tosh (petitioner)

Respondent Side

  • Christopher Hanlon (HOA attorney)
    Childers Hanlon & Hudson, PLC

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of Transmissions
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of Transmissions
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of Transmissions
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of Transmissions
  • c. serrano (staff)
    Transmitted documents
  • Miranda Alvarez (legal secretary)
    Transmitted Decision

Judy Clapp v. Forest Trails Homeowners Association

Posted on by

Case Summary

Case ID 22F-H2221026-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-03-29
Administrative Law Judge Velva Moses-Thompson
Outcome The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove that the Forest Trails Homeowners Association violated its governing documents when it approved landscaping that obstructed parking in a common area.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Judy Clapp Counsel Kevin Harper
Respondent Forest Trails Homeowners Association Counsel Edward D. O'Brien; Edith I. Rudder

Alleged Violations

Declaration § 2.2; Declaration § 2.21; Architectural Guidelines

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove that the Forest Trails Homeowners Association violated its governing documents when it approved landscaping that obstructed parking in a common area.

Why this result: The Petitioner failed to meet the evidentiary burden that the HOA violated the Declaration or related statutes. The ALJ found that the Declaration permits landscaping in the common area (Section 2.2) and the petitioner presented no legal authority mandating the disputed area remain solely available for parking.

Key Issues & Findings

Alleged violation concerning landscaping in common area preventing parking.

Petitioner Judy Clapp alleged the HOA improperly approved the adjacent homeowner's (Normans) landscaping project in the common area next to Lot 1473 Trailhead. She claimed this blocked a historical parking area used by multiple homeowners, violating Declaration Section 2.2 (common area use for benefit of all members, including parking as a permitted use) and Architectural Guidelines (prohibiting exclusive use of common area).

Orders: The petition was dismissed. The ALJ found that the Petitioner failed to meet the burden of proof to establish that the Respondent violated the Declaration or any statute.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Declaration § 2.2
  • Declaration § 2.21
  • Architectural Guidelines
  • A.R.S. § 32-2199(B)
  • Declaration § 3.4
  • Declaration § 4.1

Analytics Highlights

Topics: Common Area, Landscaping, Parking, Architectural Control Committee, Exclusive Use, HOA Governance
Additional Citations:

  • Declaration § 2.2
  • Declaration § 2.21
  • Architectural Guidelines
  • A.R.S. § 32-2199(B)
  • Declaration § 3.4
  • Declaration § 4.1

Video Overview

Audio Overview

Decision Documents

22F-H2221026-REL Decision – 958497.pdf

Uploaded 2026-04-24T11:42:22 (122.6 KB)

22F-H2221026-REL Decision – HO22-21026_ElectronicNotice_Hearing.pdf

Uploaded 2026-04-24T11:42:26 (92.4 KB)

22F-H2221026-REL Decision – HO22-21026_ElectronicNotice_Petition.pdf

Uploaded 2026-04-24T11:42:32 (125.2 KB)

22F-H2221026-REL Decision – HO22-21026_Hearing_Scheduled.pdf

Uploaded 2026-04-24T11:42:38 (194.1 KB)

22F-H2221026-REL Decision – HO22-21026_Notice_AppearanceRespondent.pdf

Uploaded 2026-04-24T11:42:43 (218.4 KB)

22F-H2221026-REL Decision – HO22-21026_Notice_Hearing.pdf

Uploaded 2026-04-24T11:42:47 (1111.9 KB)

22F-H2221026-REL Decision – HO22-21026_Notice_Petition.pdf

Uploaded 2026-04-24T11:42:54 (1303.7 KB)

22F-H2221026-REL Decision – HO22-21026_Payment.pdf

Uploaded 2026-04-24T11:43:00 (223.9 KB)

22F-H2221026-REL Decision – HO22-21026_Petition.pdf

Uploaded 2026-04-24T11:43:09 (1183.8 KB)

22F-H2221026-REL Decision – HO22-21026_Response_Petition_Form.pdf

Uploaded 2026-04-24T11:43:21 (72.2 KB)

Case Briefing: Judy Clapp v. Forest Trails Homeowners Association

Executive Summary

This document synthesizes the proceedings of the administrative hearing held on March 9, 2022, regarding Docket Number 22F-H2221026-l. The dispute involves a challenge by petitioner Judy Clapp against the Forest Trails Homeowners Association (HOA) concerning the landscaping of an eight-foot unpaved common area adjacent to 1473 Trail Head (the “Norman lot”).

The central conflict involves the Board’s decision to allow a homeowner to install a rock berm on association-owned land that had historically functioned as a parking lane for residents accessing a nearby trail head. The petitioner alleges this action violates the community’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) by granting exclusive use of common area to one homeowner and eliminating a long-standing community benefit. The association contends that the Board acted within its authority to approve architectural requests, maintained consistency with community-wide landscaping standards, and addressed legitimate nuisance and erosion concerns.

——————————————————————————–

Case Overview and Hearing Details

• Date of Hearing: March 9, 2022

• Administrative Law Judge: Alvin Moses Thompson

• Petitioner: Judy Clapp (Represented by Kevin Harper)

• Respondent: Forest Trails Homeowners Association (Represented by Ed O’Brien)

• Key Witnesses: Judy Clapp (Petitioner); Dean Meyers (Board Member/Witness for Respondent)

• Subject Property: Common area adjacent to 1473 Trail Head, Prescott, Arizona.

——————————————————————————–

Primary Legal and Regulatory Framework

The dispute centers on the interpretation of specific governing documents produced as evidence:

Amended Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

• Section 2.2 (Common Areas and Open Space): States that common areas “shall be for the use and benefit of all members” and should be left in their natural state unless used for specific purposes, including “trails, walkways, driveways, parking areas, appropriate signs, recreational amenities, [and] landscaping.”

• Section 3.4: Grants the association the authority to “own, repair, manage, operate, and maintain” common areas according to the plat.

• Section 3.4.9: Designates the Architectural Control Committee (ACC) as the “judge of all aesthetic matters” on the common area.

• Section 4.1: Provides the Board with flexibility in its decision-making regarding association property.

Architectural Guidelines

• Landscaping Provisions: Permitted on the unpaved association-owned area (approx. 8 feet) between the lot line and the street only with ACC approval.

• Exclusive Use Restriction: Mandates that any such approval “will not give the property owner exclusive use of this association property.”

——————————————————————————–

Main Themes and Arguments

1. Historical Use vs. New Architectural Approval

The petitioner argues that the area in question served as a de facto parking lane for approximately 15–20 years, accommodating up to three vehicles.

• Petitioner Position: The removal of this parking area harms residents who now must walk an additional mile or more to access trail heads. Clapp asserts the association consistently denied similar requests in the past to protect common area access.

• Respondent Position: The HOA argues that parking was never a “guaranteed right” or a “written amenity” in the declaration. They contend the Board could not “say no” to the Normans’ request because hundreds of other homeowners have similar roadside landscaping.

2. Allegations of “Exclusive Use”

A major point of contention is whether the rock berm constitutes a violation of the rule against “exclusive use.”

• Petitioner’s Argument: The installation of large boulders and a rock berm makes it impossible for vehicles to park and “unsafe” or “risky” for pedestrians to walk over, effectively gifting the land to the adjacent homeowner.

• Respondent’s Argument: The area is not fenced or walled. Members of the public or homeowners can still theoretically walk on it, meaning use is not exclusive. Dean Meyers testified that the area is “less accessible” but still accessible at the ends.

3. Nuisance Mitigation and Safety

The HOA justifies the landscaping as a solution to long-standing issues.

• Respondent’s Evidence: Dean Meyers testified that the parking area created nuisances including noise (dogs, yelling), trash, and public intrusion 40 feet from the Normans’ kitchen. Furthermore, Meyers cited an erosion issue where water was undermining the cement curb, a problem he claims the landscaping resolved.

• Petitioner’s Rebuttal: Clapp, a former board member of 10 years, testified she never heard of safety, noise, or trash complaints regarding this site until February 2021, four months after the rocks were installed. She suggested the “safety” argument was an after-the-fact justification.

4. Conflict of Interest and Procedure

The petitioner raised concerns regarding the motivations behind the approval.

• Self-Serving Motivation: Witness Dean Meyers is a permanent board member and also the owner of the landscaping company hired by the Normans to perform the work.

• Lack of Formal Vote: Clapp testified that the work appeared to be allowed without a formal board vote, though respondent minutes from October 27, 2020, show the board requested gravel samples for the project.

——————————————————————————–

Critical Evidence and Testimony

Photographic Evidence (Exhibit 6)

The hearing reviewed nine photographs showing the evolution of the site:

• Before: A dirt “parking lane” capable of holding cars.

• After: A “rock berm” consisting of large boulders and smaller rocks that completely prohibit vehicle access.

Comparison to Other Amenities

Clapp pointed to the community tennis courts as evidence of unfair treatment.

• Tennis Court Parking: The HOA recently expanded and paved parking for tennis players (Exhibits 17, 18).

• Trail Head Parking: Conversely, the HOA eliminated parking for hikers at the trail head, which Clapp described as the community’s only other amenity.

Legal Opinion of Jim Atkinson

An email exchange (Exhibit 7) involving former Board President and attorney Jim Atkinson was introduced. Atkinson’s noted opinion stated:

• The 8-foot area is common area property, “no different than its ownership of the paved areas.”

• Parking is a permitted use under Section 2.2.

• The Board “never agreed to allow a lot owner to block access to the shoulder area.”

——————————————————————————–

Conclusions and Sought Relief

The Petitioner seeks an order confirming that the CC&Rs prohibit these specific landscaping changes and requiring the association to restore the common area to its original condition.

The Respondent maintains that the Board acted within its discretionary authority to manage common areas and treat all members fairly by approving a standard landscaping request. They argue the Petitioner is seeking a “prescriptive easement” to park in a specific spot, a right they claim does not exist under the governing documents or Arizona law.

Summary Table of Arguments

Petitioner’s View

Respondent’s View

Land Use

Reserved for the benefit of all members (parking/trails).

Subject to Board management and aesthetic discretion.

Accessibility

Rock berm creates “exclusive use” by blocking access.

No fence exists; property remains technically accessible.

Safety/Nuisance

No evidence of prior complaints; “punitive” decision.

Resolved erosion, trash, and noise nuisances.

Consistency

Association has historically denied such requests.

Hundreds of other lots have identical landscaping.

Board Ethics

Decision was self-serving (witness was the contractor).

Business was private between the contractor and homeowner.

Study Guide: Judy Clapp v. Forest Trails Homeowners Association (Docket No. 22F-H2221026-I)

This study guide provides a comprehensive overview of the administrative hearing held on March 9, 2022, regarding a dispute over common area usage, landscaping rights, and parking access within the Forest Trails community.

——————————————————————————–

Part I: Short-Answer Quiz

Instructions: Answer the following questions in 2–3 sentences based on the provided hearing transcript and documents.

1. What is the central issue of the dispute between Judy Clapp and the Forest Trails Homeowners Association?

2. How does Section 2.2 of the Forest Trails Declaration define the purpose and permitted uses of “common areas”?

3. What physical modification to the area near 1473 Trail Head triggered this legal action, and who performed the work?

4. What is the Petitioner’s primary argument regarding the “exclusive use” of the landscaped common area?

5. How does the Association justify its decision to approve the Normans’ landscaping request despite member objections?

6. What did the 2002–2003 review of the plat and CC&Rs reveal to the Association board regarding the 8-foot strips alongside the roadways?

7. What “nuisances” did the Respondent cite as reasons for prohibiting parking at the trail head location?

8. How does the Petitioner use the example of the community tennis courts to argue that the Association’s parking policy is inconsistent?

9. According to the testimony of Dean Myers, what is the Association’s policy regarding damage to homeowner-installed landscaping caused by snowplows?

10. What specific legal relief is the Petitioner seeking from the Administrative Law Judge?

——————————————————————————–

Part II: Answer Key

1. The dispute centers on the Association’s decision to allow a specific homeowner (the Normans) to landscape a common area in a way that prohibits long-standing member parking. The Petitioner argues this violates the Declaration’s provision that common areas benefit all members, while the Association claims the right to manage aesthetics and address nuisances.

2. Section 2.2 states that common areas are for the “use and benefit of all members” and should generally be left in their natural state. However, it explicitly allows these areas to be used for specific purposes, including trails, walkways, driveways, parking areas, landscaping, and utility easements.

3. The Normans installed large boulders and a rock berm on the association-owned unpaved roadway shoulder to prevent vehicles from parking there. This work was executed by Dean Myers, who is a permanent member of the Association’s Board of Directors and the owner of a landscaping company.

4. The Petitioner argues that the installation of the rock berm effectively grants the Normans “exclusive use” of the common area by making it physically inaccessible to others. She contends this violates the Architectural Guidelines, which state that landscaping approval shall not give a property owner exclusive use of association property.

5. The Association argues it must treat all members fairly, noting that hundreds of other residents have been allowed to landscape the common area up to the roadside. They assert that denying the Normans’ request would have unfairly “singled them out” when similar requests are universally approved.

6. The board realized that the 8-foot unpaved areas on each side of the paved roads were not private property but were actually “common areas” owned and managed by the Association. Following this discovery, the Association took over maintenance responsibilities, such as weed control and erosion management, for these strips.

7. The Respondent claimed that parking at the trail head created nuisances including trash, noise, and “public intrusion” from non-residents. Additionally, Dean Myers testified that parking was exacerbating erosion issues that were beginning to undermine the concrete street curb.

8. The Petitioner points out that the Association recently expanded and paved parking at the community tennis courts to benefit members who play tennis. She argues it is discriminatory to improve amenities for one group of members while removing a traditional parking benefit for those who use the hiking trails.

9. The Association generally holds the homeowner responsible for the costs of repairing any landscaping that extends into the common area if it is damaged by a snowplow. This serves as a condition of allowing private landscaping on association-owned land; the board only pays if the plow operator acted “stupidly.”

10. The Petitioner is seeking an order confirming that the Declaration prohibits these specific landscaping changes. Furthermore, she is requesting that the Association be ordered to restore the common area to its original condition to allow for continued member parking.

——————————————————————————–

Part III: Essay Questions

Instructions: Use the source context to develop comprehensive responses to the following prompts. (Answers not provided).

1. Aesthetics vs. Utility: Analyze the tension between the Board’s authority to judge “aesthetic matters” (Section 3.4.9) and the “permitted uses” of common areas (Section 2.2). Which authority should take precedence when a visual improvement eliminates a functional use?

2. The Definition of Exclusive Use: Evaluate the Respondent’s argument that the rock berm does not constitute “exclusive use” because there is no fence. Contrast this with the Petitioner’s testimony regarding the physical safety and accessibility of the area for members.

3. Conflicts of Interest in Governance: Discuss the implications of Dean Myers serving as both the board member approving (or allowing) the project and the contractor performing the work. How does this dual role affect the Association’s “fairness” argument?

4. Safety and Nuisance as Justification: Examine the evidence provided for safety concerns and nuisances at the trail head. Was the Association’s response (permitting boulders) a proportionate and evidenced-based solution to the problems described?

5. Historical Practice vs. Written Code: Explore the legal weight of “decades of practice” versus the literal interpretation of the Plat and Declaration. Should sixteen years of uninterrupted use by members create a protected right to park, even if not explicitly marked on a plat map?

——————————————————————————–

Part IV: Glossary of Key Terms

Definition

Architectural Control Committee (ACC)

The body (often the Board of Directors in this case) responsible for reviewing and approving or denying changes to property and common areas.

Common Area

Land owned by the Homeowners Association for the use, benefit, and enjoyment of all members, such as the 8-foot strips adjacent to roadways.

Declaration (CC&Rs)

The “Amended Declaration of Covenant Conditions and Restrictions,” which serves as the primary governing document for the Forest Trails community.

Developer Position

A permanent seat on the Board of Directors reserved for the original developer or their representative (currently held by Dean Myers).

Easement

A legal right to use another’s land for a specific limited purpose; in this case, the trail head access is described as an easement between two lots.

Exclusive Use

The sole right to use a portion of property to the exclusion of others; prohibited for private owners on association common areas.

GIS (Geographic Information System)

Digital mapping technology used in the hearing to show property lines and the relationship between lots and association-owned streets.

Natural State

The original, undeveloped condition of land; Section 2.2 mandates common areas be kept this way unless used for specific permitted purposes like trails or parking.

Petitioner

The party initiating the legal grievance or “petition” (Judy Clapp).

Plat / Plat Map

An official map drawn to scale, showing the divisions of a piece of land, including lots, streets, and common areas.

Respondent

The party responding to the legal grievance (Forest Trails Homeowners Association).

Rock Berm

A man-made barrier or mound constructed of rocks and boulders used in this case to physically block vehicle access to a shoulder.

Study Guide: Judy Clapp v. Forest Trails Homeowners Association (Docket No. 22F-H2221026-I)

This study guide provides a comprehensive overview of the administrative hearing held on March 9, 2022, regarding a dispute over common area usage, landscaping rights, and parking access within the Forest Trails community.

——————————————————————————–

Part I: Short-Answer Quiz

Instructions: Answer the following questions in 2–3 sentences based on the provided hearing transcript and documents.

1. What is the central issue of the dispute between Judy Clapp and the Forest Trails Homeowners Association?

2. How does Section 2.2 of the Forest Trails Declaration define the purpose and permitted uses of “common areas”?

3. What physical modification to the area near 1473 Trail Head triggered this legal action, and who performed the work?

4. What is the Petitioner’s primary argument regarding the “exclusive use” of the landscaped common area?

5. How does the Association justify its decision to approve the Normans’ landscaping request despite member objections?

6. What did the 2002–2003 review of the plat and CC&Rs reveal to the Association board regarding the 8-foot strips alongside the roadways?

7. What “nuisances” did the Respondent cite as reasons for prohibiting parking at the trail head location?

8. How does the Petitioner use the example of the community tennis courts to argue that the Association’s parking policy is inconsistent?

9. According to the testimony of Dean Myers, what is the Association’s policy regarding damage to homeowner-installed landscaping caused by snowplows?

10. What specific legal relief is the Petitioner seeking from the Administrative Law Judge?

——————————————————————————–

Part II: Answer Key

1. The dispute centers on the Association’s decision to allow a specific homeowner (the Normans) to landscape a common area in a way that prohibits long-standing member parking. The Petitioner argues this violates the Declaration’s provision that common areas benefit all members, while the Association claims the right to manage aesthetics and address nuisances.

2. Section 2.2 states that common areas are for the “use and benefit of all members” and should generally be left in their natural state. However, it explicitly allows these areas to be used for specific purposes, including trails, walkways, driveways, parking areas, landscaping, and utility easements.

3. The Normans installed large boulders and a rock berm on the association-owned unpaved roadway shoulder to prevent vehicles from parking there. This work was executed by Dean Myers, who is a permanent member of the Association’s Board of Directors and the owner of a landscaping company.

4. The Petitioner argues that the installation of the rock berm effectively grants the Normans “exclusive use” of the common area by making it physically inaccessible to others. She contends this violates the Architectural Guidelines, which state that landscaping approval shall not give a property owner exclusive use of association property.

5. The Association argues it must treat all members fairly, noting that hundreds of other residents have been allowed to landscape the common area up to the roadside. They assert that denying the Normans’ request would have unfairly “singled them out” when similar requests are universally approved.

6. The board realized that the 8-foot unpaved areas on each side of the paved roads were not private property but were actually “common areas” owned and managed by the Association. Following this discovery, the Association took over maintenance responsibilities, such as weed control and erosion management, for these strips.

7. The Respondent claimed that parking at the trail head created nuisances including trash, noise, and “public intrusion” from non-residents. Additionally, Dean Myers testified that parking was exacerbating erosion issues that were beginning to undermine the concrete street curb.

8. The Petitioner points out that the Association recently expanded and paved parking at the community tennis courts to benefit members who play tennis. She argues it is discriminatory to improve amenities for one group of members while removing a traditional parking benefit for those who use the hiking trails.

9. The Association generally holds the homeowner responsible for the costs of repairing any landscaping that extends into the common area if it is damaged by a snowplow. This serves as a condition of allowing private landscaping on association-owned land; the board only pays if the plow operator acted “stupidly.”

10. The Petitioner is seeking an order confirming that the Declaration prohibits these specific landscaping changes. Furthermore, she is requesting that the Association be ordered to restore the common area to its original condition to allow for continued member parking.

——————————————————————————–

Part III: Essay Questions

Instructions: Use the source context to develop comprehensive responses to the following prompts. (Answers not provided).

1. Aesthetics vs. Utility: Analyze the tension between the Board’s authority to judge “aesthetic matters” (Section 3.4.9) and the “permitted uses” of common areas (Section 2.2). Which authority should take precedence when a visual improvement eliminates a functional use?

2. The Definition of Exclusive Use: Evaluate the Respondent’s argument that the rock berm does not constitute “exclusive use” because there is no fence. Contrast this with the Petitioner’s testimony regarding the physical safety and accessibility of the area for members.

3. Conflicts of Interest in Governance: Discuss the implications of Dean Myers serving as both the board member approving (or allowing) the project and the contractor performing the work. How does this dual role affect the Association’s “fairness” argument?

4. Safety and Nuisance as Justification: Examine the evidence provided for safety concerns and nuisances at the trail head. Was the Association’s response (permitting boulders) a proportionate and evidenced-based solution to the problems described?

5. Historical Practice vs. Written Code: Explore the legal weight of “decades of practice” versus the literal interpretation of the Plat and Declaration. Should sixteen years of uninterrupted use by members create a protected right to park, even if not explicitly marked on a plat map?

——————————————————————————–

Part IV: Glossary of Key Terms

Definition

Architectural Control Committee (ACC)

The body (often the Board of Directors in this case) responsible for reviewing and approving or denying changes to property and common areas.

Common Area

Land owned by the Homeowners Association for the use, benefit, and enjoyment of all members, such as the 8-foot strips adjacent to roadways.

Declaration (CC&Rs)

The “Amended Declaration of Covenant Conditions and Restrictions,” which serves as the primary governing document for the Forest Trails community.

Developer Position

A permanent seat on the Board of Directors reserved for the original developer or their representative (currently held by Dean Myers).

Easement

A legal right to use another’s land for a specific limited purpose; in this case, the trail head access is described as an easement between two lots.

Exclusive Use

The sole right to use a portion of property to the exclusion of others; prohibited for private owners on association common areas.

GIS (Geographic Information System)

Digital mapping technology used in the hearing to show property lines and the relationship between lots and association-owned streets.

Natural State

The original, undeveloped condition of land; Section 2.2 mandates common areas be kept this way unless used for specific permitted purposes like trails or parking.

Petitioner

The party initiating the legal grievance or “petition” (Judy Clapp).

Plat / Plat Map

An official map drawn to scale, showing the divisions of a piece of land, including lots, streets, and common areas.

Respondent

The party responding to the legal grievance (Forest Trails Homeowners Association).

Rock Berm

A man-made barrier or mound constructed of rocks and boulders used in this case to physically block vehicle access to a shoulder.

Case Participants

Petitioner Side

  • Judy Clapp (Petitioner)
    Homeowner
    Also referred to as Judith Ellen Black
  • Kevin Harper (Petitioner Attorney)
    Harper Law PLC
  • Rick Ohanesian (Petitioner)
    Homeowner
    Listed in Respondent's Amended Notice of Appearance
  • Lucy McMillan (Former Board Member)
    Forest Trails HOA
    Listed as witness but not present

Respondent Side

  • Edward D. O'Brien (Respondent Attorney)
    Carpenter, Hazlewood, Delgado & Bolen, LLP
  • Edith I. Rudder (Respondent Attorney)
    Carpenter, Hazlewood, Delgado & Bolen, LLP
  • Dean Meyers (Board Member)
    Forest Trails HOA Board
    Developer position on board; Professional landscaper hired by the Normans; Witness
  • James Norman (Homeowner)
    Forest Trails HOA
    Owner of lot 30; requested landscaping
  • Cynthia Norman (Homeowner)
    Forest Trails HOA
    Owner of lot 30
  • Jim Atkinson (HOA Attorney)
    Former Board President; identified as Association attorney in testimony
  • Nancy Char (Board President)
    Forest Trails HOA
    Current president mentioned in testimony
  • Marissa (Property Manager)
    Community Asset Management LLC
    Mentioned in meeting minutes regarding sample handling

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
    Transcribed as 'Alvin Moses Thompson' in audio transcript
  • Dan Gardner (HOA Coordinator)
    ADRE
  • Louis Dettorre (Commissioner)
    ADRE

Other Participants

  • Lenor Hemphill (Former Board Member)
    Forest Trails HOA
    Sent email regarding landscaping issue

Vance Gribble v. Legend Trail Community Association

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Case Summary

Case ID 22F-H2221004-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-11-04
Administrative Law Judge Velva Moses-Thompson
Outcome The petition was dismissed because the Petitioner failed to meet the burden of proof necessary to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or the cited Declaration Articles.
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Vance Gribble Counsel —
Respondent Legend Trail Community Association Counsel Josh Bolen, Esq.

Alleged Violations

A.R.S. § 33-1808(E); Article 1 § 18 of the Declaration; Article 3 § 5 of the Declaration

Outcome Summary

The petition was dismissed because the Petitioner failed to meet the burden of proof necessary to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or the cited Declaration Articles.

Why this result: Petitioner failed to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or Article 3 § 5/Article 1 § 18 of the Declaration.

Key Issues & Findings

HOA rule adoption/enforcement regarding motorized vehicle use (ATVs/scooters)

Petitioner alleged the Association improperly prohibited the use of ATVs and motorized scooters on Association streets via e-mails (March 31, 2021, and June 21, 2021). The Association contended these were not rules and no formal enforcement action was taken.

Orders: Petitioner Vance Gribble’s petition against Respondent Legend Trail Community Association is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1808(E)
  • A.R.S. § 33-1808(F)
  • Article 1 § 18 of the Declaration
  • Article 3 § 5 of the Declaration

Analytics Highlights

Topics: Recreational Activity, Motorized Vehicles, ATVs, Scooters, Rule Adoption, Declaration, Common Area
Additional Citations:

  • A.R.S. § 33-1808(E)
  • A.R.S. § 33-1808(F)
  • Article 1 § 18 of the Declaration
  • Article 3 § 5 of the Declaration
  • A.R.S. § 32-2199(B)
  • Title 33, Chapter 16
  • A.R.S. §§ 33-3101 to 33-11702
  • A.R.S. § 10-3140
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • Vazanno v. Superior Court
  • Powell v. Washburn
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs.

Video Overview

Audio Overview

Decision Documents

22F-H2221004-REL Decision – 922828.pdf

Uploaded 2026-01-23T17:39:42 (100.5 KB)

This summary pertains to the Administrative Law Judge Decision in the case of Vance Gribble v. Legend Trail Community Association. The hearing was held on October 15, 2021, before the Office of Administrative Hearings, concerning a petition filed under the authority of the Arizona Department of Real Estate.

Key Facts and Issues

Vance Gribble, a homeowner in Parcel A of the Legend Trail development, filed a petition alleging the Legend Trail Community Association (HOA) violated Arizona Revised Statutes (A.R.S.) § 33-1808(E) and specific provisions of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

The core issue stemmed from two emails the Association sent concerning the use of ATVs and motorized scooters on community streets. The initial March 31, 2021, email broadly stated these vehicles were "not allowed" on Legend Trail streets. Gribble argued this communication prohibited the use of these vehicles, causing children to cease driving scooters on Association streets.

The Association responded, arguing the initial email was erroneously sent to the entire community and was intended only for Parcel A. A subsequent June 21, 2021, email was sent for clarification, specifying that restrictions regarding motorized vehicles applied only to private streets (Common Areas like Parcels A and E), where the respective Parcel Associations have a legal duty to maintain safety. The Association maintained it had not adopted a formal rule prohibiting the use of ATVs or scooters on the streets of Legend Trail and thus A.R.S. § 33-1808(E) (related to signs) was inapplicable.

Legal Points and Decision

The Petitioner bore the burden of proof to establish the Association violated the governing statutes or CC&Rs by a preponderance of the evidence.

The Administrative Law Judge focused on whether the Association took formal action to establish a rule or prohibition. A.R.S. § 10-3140 defines an "Act of the board of directors" or "Act of the members" as requiring a majority vote or written consent.

The conclusion of law found that there was no evidence presented showing the Association adopted a rule or took formal enforcement action regarding ATVs and scooters pursuant to A.R.S. § 10-3140. Furthermore, the preponderance of the evidence did not show that the Association prohibited children from engaging in recreational activity within Legend Trail (as potentially implied by A.R.S. § 33-1808(F)).

Outcome

Because the Petitioner failed to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or the cited articles of the Declaration, the Administrative Law Judge ordered that Vance Gribble’s petition be dismissed.

{ “case”: { “docket_no”: “22F-H2221004-REL”, “case_title”: “Vance Gribble vs. Legend Trail Community Association”, “decision_date”: “2021-11-04”, “alj_name”: “Velva Moses-Thompson”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “What is the burden of proof required to win a hearing against an HOA?”, “short_answer”: “The petitioner must prove the violation by a “preponderance of the evidence.””, “detailed_answer”: “Homeowners filing a petition bear the responsibility of proving that the HOA violated the law or the CC&Rs. The standard is ‘preponderance of the evidence,’ meaning the claim must be shown to be more probably true than not.”, “alj_quote”: “Petitioners bear the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs 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”, “procedure” ] }, { “question”: “Can an HOA prohibit children from playing or riding scooters on residential streets?”, “short_answer”: “No, state law prevents HOAs from banning children’s recreational activities on residential roadways with speed limits of 25 mph or less.”, “detailed_answer”: “The decision notes that notwithstanding community documents, an association cannot prohibit resident children from engaging in recreational activity on residential roadways under the association’s jurisdiction where the speed limit is 25 mph or less.”, “alj_quote”: “Notwithstanding any provision in the community documents, an association shall not prohibit children who reside in the planned community from engaging in recreational activity on residential roadways that are under the jurisdiction of the association and on which the posted speed limit is twenty-five miles per hour or less.”, “legal_basis”: “A.R.S. § 33-1808(F) (cited as § 1803(F) in decision footnote)”, “topic_tags”: [ “homeowner rights”, “children”, “recreation” ] }, { “question”: “Does an email sent by the HOA automatically count as an official rule?”, “short_answer”: “No, an email does not constitute a formal rule if it was not adopted through an official act of the board.”, “detailed_answer”: “To be an official act, the board must usually vote at a meeting or provide written consent in accordance with statutes. In this case, emails sent in error or for clarification were not considered adopted rules or formal enforcement actions.”, “alj_quote”: “There was no evidence that the Association adopted a rule or took enforcement action against the residents… There was no evidence presented that the Association took formal action pursuant to A.R.S. §10-3140.”, “legal_basis”: “A.R.S. § 10-3140”, “topic_tags”: [ “procedural requirements”, “HOA communications”, “rulemaking” ] }, { “question”: “Can the HOA enforce traffic or safety violations on public streets?”, “short_answer”: “Generally no, unless the restriction is specifically in the CC&Rs (like parking).”, “detailed_answer”: “On public streets, the HOA’s authority is limited to enforcing restrictions explicitly contained in the CC&Rs. They do not have general authority to police moving violations or safety concerns; those are matters for local law enforcement.”, “alj_quote”: “Legend Trail Community Association may only enforce public street restrictions that are contained in the CC&R Declaration… the Association does not have the authority to address any moving violations or safety concerns on the public streets.”, “legal_basis”: “CC&R Declaration”, “topic_tags”: [ “public streets”, “enforcement”, “jurisdiction” ] }, { “question”: “What defines a ‘preponderance of the evidence’?”, “short_answer”: “It is proof that convinces the judge that a claim is ‘more probably true than not.'”, “detailed_answer”: “This legal standard does not require removing all doubt. It requires evidence that has superior weight and is sufficient to incline a fair mind to one side of the issue rather than 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”: “Morris K. Udall, Arizona Law of Evidence § 5”, “topic_tags”: [ “legal definitions”, “evidence” ] }, { “question”: “How are CC&Rs and restrictive covenants interpreted by the judge?”, “short_answer”: “They are interpreted as a whole to give effect to the underlying purpose and the intent of the parties.”, “detailed_answer”: “If a covenant is unambiguous, it is enforced based on the intent. The document is viewed in its entirety rather than isolating specific clauses.”, “alj_quote”: “Restrictive covenants must be construed as a whole and interpreted in view of their underlying purposes, giving effect to all provisions contained therein.”, “legal_basis”: “Powell v. Washburn, 211 Ariz. 553”, “topic_tags”: [ “CC&Rs”, “legal interpretation” ] } ] }

{ “case”: { “docket_no”: “22F-H2221004-REL”, “case_title”: “Vance Gribble vs. Legend Trail Community Association”, “decision_date”: “2021-11-04”, “alj_name”: “Velva Moses-Thompson”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “What is the burden of proof required to win a hearing against an HOA?”, “short_answer”: “The petitioner must prove the violation by a “preponderance of the evidence.””, “detailed_answer”: “Homeowners filing a petition bear the responsibility of proving that the HOA violated the law or the CC&Rs. The standard is ‘preponderance of the evidence,’ meaning the claim must be shown to be more probably true than not.”, “alj_quote”: “Petitioners bear the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs 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”, “procedure” ] }, { “question”: “Can an HOA prohibit children from playing or riding scooters on residential streets?”, “short_answer”: “No, state law prevents HOAs from banning children’s recreational activities on residential roadways with speed limits of 25 mph or less.”, “detailed_answer”: “The decision notes that notwithstanding community documents, an association cannot prohibit resident children from engaging in recreational activity on residential roadways under the association’s jurisdiction where the speed limit is 25 mph or less.”, “alj_quote”: “Notwithstanding any provision in the community documents, an association shall not prohibit children who reside in the planned community from engaging in recreational activity on residential roadways that are under the jurisdiction of the association and on which the posted speed limit is twenty-five miles per hour or less.”, “legal_basis”: “A.R.S. § 33-1808(F) (cited as § 1803(F) in decision footnote)”, “topic_tags”: [ “homeowner rights”, “children”, “recreation” ] }, { “question”: “Does an email sent by the HOA automatically count as an official rule?”, “short_answer”: “No, an email does not constitute a formal rule if it was not adopted through an official act of the board.”, “detailed_answer”: “To be an official act, the board must usually vote at a meeting or provide written consent in accordance with statutes. In this case, emails sent in error or for clarification were not considered adopted rules or formal enforcement actions.”, “alj_quote”: “There was no evidence that the Association adopted a rule or took enforcement action against the residents… There was no evidence presented that the Association took formal action pursuant to A.R.S. §10-3140.”, “legal_basis”: “A.R.S. § 10-3140”, “topic_tags”: [ “procedural requirements”, “HOA communications”, “rulemaking” ] }, { “question”: “Can the HOA enforce traffic or safety violations on public streets?”, “short_answer”: “Generally no, unless the restriction is specifically in the CC&Rs (like parking).”, “detailed_answer”: “On public streets, the HOA’s authority is limited to enforcing restrictions explicitly contained in the CC&Rs. They do not have general authority to police moving violations or safety concerns; those are matters for local law enforcement.”, “alj_quote”: “Legend Trail Community Association may only enforce public street restrictions that are contained in the CC&R Declaration… the Association does not have the authority to address any moving violations or safety concerns on the public streets.”, “legal_basis”: “CC&R Declaration”, “topic_tags”: [ “public streets”, “enforcement”, “jurisdiction” ] }, { “question”: “What defines a ‘preponderance of the evidence’?”, “short_answer”: “It is proof that convinces the judge that a claim is ‘more probably true than not.'”, “detailed_answer”: “This legal standard does not require removing all doubt. It requires evidence that has superior weight and is sufficient to incline a fair mind to one side of the issue rather than 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”: “Morris K. Udall, Arizona Law of Evidence § 5”, “topic_tags”: [ “legal definitions”, “evidence” ] }, { “question”: “How are CC&Rs and restrictive covenants interpreted by the judge?”, “short_answer”: “They are interpreted as a whole to give effect to the underlying purpose and the intent of the parties.”, “detailed_answer”: “If a covenant is unambiguous, it is enforced based on the intent. The document is viewed in its entirety rather than isolating specific clauses.”, “alj_quote”: “Restrictive covenants must be construed as a whole and interpreted in view of their underlying purposes, giving effect to all provisions contained therein.”, “legal_basis”: “Powell v. Washburn, 211 Ariz. 553”, “topic_tags”: [ “CC&Rs”, “legal interpretation” ] } ] }

Case Participants

Petitioner Side

  • Vance Gribble (petitioner)
    Appeared on behalf of himself

Respondent Side

  • Josh Bolen (attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC
  • Terri Klein (witness)
    Association's Board of Directors
    President of the Association's Board of Directors

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • DGardner (ADRE staff)
    Arizona Department of Real Estate

Brian D Sopatyk v. Xanadu Lake Resort Condominium, Inc.

Posted on by

Case Summary

Case ID 21F-H2121065-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-11-01
Administrative Law Judge Velva Moses-Thompson
Outcome Petitioner was deemed the prevailing party regarding Issues 1 and 3, while Respondent was deemed the prevailing party regarding Issue 2. Respondent was ordered to pay Petitioner his filing fee of $1,000.00. No civil penalty was found appropriate.
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Brian D. Sopatyk Counsel Jacob A. Kubert, Esq.
Respondent Xanadu Lake Resort Condominium, Inc. Counsel Penny L. Koepke, Esq.

Alleged Violations

CC&R Article 2 § 3(a)(2)
CC&R Article 3 § 3(d)(1)
CC&R Article 6 § 2(a)

Outcome Summary

Petitioner was deemed the prevailing party regarding Issues 1 and 3, while Respondent was deemed the prevailing party regarding Issue 2. Respondent was ordered to pay Petitioner his filing fee of $1,000.00. No civil penalty was found appropriate.

Why this result: Petitioner lost Issue 2 because he failed to prove the Respondent's no-pet policy was arbitrarily or unreasonably applied.

Key Issues & Findings

Alleged violation of CC&R Article 2 § 3(a)(2)

The Administrative Law Judge (ALJ) concluded that screen doors are not permitted in Xanadu under CC&R Article 2 § 3(a)(2), and CC&R Article 7 (Architectural Committee authority) does not override this explicit prohibition.

Orders: Respondent is directed to comply with the requirements of CC&R Article 2 § 3(a)(2) going forward.

Filing fee: $0.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&R Article 2 § 3(a)(2)
  • CC&R Article 7

Alleged violation of CC&R Article 3 § 3(d)(1)

Petitioner alleged violation concerning the 'no-pet' policy. The ALJ concluded that Respondent is not required to allow pets, but may allow them with Board approval, and the Petitioner did not establish that the policy was arbitrarily or unreasonably applied.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&R Article 3 § 3(d)(1)
  • A.R.S. § 12-548

Alleged violation of CC&R Article 6 § 2(a)

The ALJ concluded that the marquee is common area, and the Association was not authorized under CC&R Article 6 § 2(a) to charge a separate assessment or rental fee for its use. Furthermore, there was no evidence the $50 assessment complied with CC&R Article 6 § 5 (special assessment requirements).

Orders: Respondent is directed to comply with the requirements of CC&R Article 6 § 2(a) going forward.

Filing fee: $0.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&R Article 6 § 2(a)
  • CC&R Article 6 § 5
  • A.R.S. § 12-548

Analytics Highlights

Topics: HOA Governance, Condominium, CC&R Violation, Assessment Dispute, Architectural Control, Pet Policy, Statute of Limitations Defense
Additional Citations:

  • A.R.S. § 32-2199(1)
  • A.R.S. § 12-548
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • CC&R Article 2 § 3(a)(2)
  • CC&R Article 3 § 3(d)(1)
  • CC&R Article 6 § 2(a)
  • CC&R Article 6 § 5
  • CC&R Article 7

Video Overview

Audio Overview

Decision Documents

21F-H2121065-REL Decision – 913797.pdf

Uploaded 2026-04-24T11:37:41 (41.8 KB)

21F-H2121065-REL Decision – 913859.pdf

Uploaded 2026-04-24T11:37:47 (5.9 KB)

21F-H2121065-REL Decision – 921820.pdf

Uploaded 2026-04-24T11:37:55 (100.1 KB)

21F-H2121065-REL Decision – 921823.pdf

Uploaded 2026-04-24T11:38:00 (112.8 KB)

This summary outlines the proceedings, arguments, and final decision in the matter of *Brian D. Sopatyk vs. Xanadu Lake Resort Condominium, Inc.*, heard before the Office of Administrative Hearings (OAH).

Key Facts and Proceedings

The Petitioner, Brian D. Sopatyk, a unit owner and member of the Respondent condominium association (Xanadu Lake Resort Condominium, Inc.), filed a triple-issue petition on or about June 29, 2021, alleging violations of the Covenants, Conditions, and Restrictions (CC&Rs). The matter was referred to the OAH for an evidentiary hearing. The hearing took place on September 21, 2021, with Administrative Law Judge (ALJ) Velva Moses-Thompson presiding. The record was held open until October 12, 2021, solely for receiving post-hearing briefs concerning the application of the affirmative defense of the Statute of Limitations. The Arizona Department of Real Estate has jurisdiction over these types of petitions regarding alleged condominium association violations.

Main Issues and Arguments

Petitioner Sopatyk brought three claims, asserting the Respondent violated specific CC&R articles:

  1. Issue 1 (Screen Doors): Whether Respondent violated CC&R Article 2 § 3(a)(2) by directing and authorizing the installation of security screen doors, which are external items generally prohibited. Respondent argued the Architectural Committee had the authority to allow the installations under CC&R Article 7.
  2. Issue 2 (Pets): Whether Respondent violated CC&R Article 3 § 3(d)(1) by barring pets without guidelines. Respondent contended that this CC&R article does not require them to allow pets.
  3. Issue 3 (Marquee Assessment): Whether Respondent violated CC&R Article 6 § 2(a) by levying a $50 monthly fee on commercial units for marquee repair costs. Petitioner argued repairs must be paid out of the reserve fund derived from regular common expenses. Respondent countered that the $50 charge was a rental fee for unit owners advertising on the marquee, not an unauthorized assessment.

The Respondent also raised the affirmative defense that A.R.S. § 12-548 (Statute of Limitations) barred Issues 2 and 3.

Key Legal Points and Final Decision

The ALJ issued a decision on November 1, 2021, relying on the principle that unambiguous restrictive covenants must be enforced to give effect to the intent of the parties.

  1. Statute of Limitations: The ALJ rejected the defense, concluding that A.R.S. § 12-548 is inapplicable because that statute pertains to actions for debt evidenced by a written contract, which the petition was not.
  2. Issue 1 (Screen Doors): Petitioner prevailed. The ALJ concluded that screen doors are absolutely not permitted under CC&R Article 2 § 3(a)(2). CC&R Article 7 granting authority to the Architectural Committee cannot override the clear bar established by Article 2 § 3(a)(2), as doing so would render the prohibition meaningless.
  3. Issue 2 (Pets): Respondent prevailed. The CC&R permits, but does not require, the Board to allow pets. The Petitioner failed to prove by a preponderance of the evidence that the consistent prohibition of pets was arbitrarily or unreasonably applied.
  4. Issue 3 (Marquee Assessment): Petitioner prevailed. The ALJ concluded the marquee is part of the common area. The Association was not authorized under CC&R Article 6 § 2(a) to charge a separate assessment or rental fee for its use. Furthermore, there was no evidence that the $50 charge complied with the requirements for imposing a special assessment under CC&R Article 6 § 5.

Outcome: The Petitioner was deemed the prevailing party regarding Issues 1 and 3, and the Respondent prevailed regarding Issue 2. The Respondent was ordered to comply with CC&R Article 2 § 3(a)(2) and Article 6 § 2(a) going forward. Respondent was further ordered to pay Petitioner his filing fee of $1,000.00 within thirty days. No civil penalty was imposed.

Questions

Question

Can the HOA Board or Architectural Committee authorize an improvement (like a screen door) if the CC&Rs explicitly ban it?

Short Answer

No. The Board cannot use its general approval powers to override specific prohibitions in the CC&Rs.

Detailed Answer

Even if an Architectural Committee has the authority to approve improvements, they cannot authorize items that are specifically prohibited by other sections of the CC&Rs. Doing so would render the specific prohibition meaningless.

Alj Quote

If Respondent were permitted to authorize the installation of screen doors through the approval of the Architectural Committee, the bar in CC&R Article 2 § 3(a)(2) would have no meaning.

Legal Basis

Contract Interpretation

Topic Tags

  • Architectural Control
  • Board Authority
  • CC&R Interpretation

Question

If the CC&Rs say pets are allowed 'with Board permission,' does the Board have to let me have a pet?

Short Answer

No. The Board has discretion to deny permission.

Detailed Answer

If the CC&Rs state that animals are not allowed without express permission, the Board is not required to grant that permission. As long as the Board has consistently prohibited pets and not acted arbitrarily, they can enforce a no-pet policy.

Alj Quote

The Administrative Law Judge concludes that Respondent is not required, but may allow pets with the Board’s approval… Petitioner did not establish by a preponderance of the evidence that Respondent has arbitrarily or unreasonably applied CC&R Article 3 § 3(d)(1).

Legal Basis

Board Discretion

Topic Tags

  • Pets
  • Rules Enforcement

Question

Can the HOA charge a 'rental fee' or separate assessment to specific owners for the use or repair of a common area structure?

Short Answer

Not usually. Common area maintenance should be paid from general reserve funds or regular assessments.

Detailed Answer

The HOA cannot arbitrarily charge a 'rental fee' or specific assessment for a common area amenity (like a marquee sign) if the CC&Rs require common area improvements to be funded by the reserve fund or regular assessments.

Alj Quote

The Administrative Law Judge concludes that the marquee is a part of the common area of Xanadu and therefore, the Association was not authorized under CC&R Article 6 § 2(a), to charge a separate assessment or rental fee for the use of the marquee.

Legal Basis

CC&R Article 6 § 2(a)

Topic Tags

  • Assessments
  • Common Areas
  • Financials

Question

Is there a statute of limitations for filing a petition against my HOA with the Arizona Department of Real Estate?

Short Answer

No.

Detailed Answer

The statute of limitations that applies to debts (A.R.S. § 12-548) does not apply to ADRE petitions because they are not actions for debt. The Department itself does not have statute of limitations provisions.

Alj Quote

A.R.S. § 12-548 is inapplicable to the petition filed in this matter because the statute applies to actions for debt evidenced by a contract in writing. The petition does not relate to a debt and furthermore, the Department does not have any statute of limitations provisions.

Legal Basis

A.R.S. § 12-548 (distinguished)

Topic Tags

  • Procedure
  • Statute of Limitations

Question

Can the HOA levy a special assessment for repairs without a vote of the members?

Short Answer

No, not if the CC&Rs require a member vote.

Detailed Answer

If the CC&Rs stipulate that special assessments for capital improvements require the assent of a certain percentage of voters (e.g., 2/3), the HOA cannot impose the cost without holding that vote.

Alj Quote

Furthermore, there was no evidence presented at hearing that the $50 assessment was imposed that complied with CC&R Article 6 § 5.

Legal Basis

CC&R Article 6 § 5

Topic Tags

  • Special Assessments
  • Voting

Question

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

Short Answer

Yes.

Detailed Answer

The Administrative Law Judge has the authority to order the HOA to reimburse the prevailing party for the filing fee.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner his filing fee of $1,000.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • Remedies
  • Fees

Question

How are conflicts or ambiguities in the CC&Rs interpreted by the judge?

Short Answer

They are construed as a whole to determine the underlying purpose.

Detailed Answer

Restrictive covenants are interpreted by looking at the document as a whole to understand the intent of the parties and the purpose of the restrictions.

Alj Quote

Restrictive covenants must be construed as a whole and interpreted in view of their underlying purposes, giving effect to all provisions contained therein.

Legal Basis

Common Law Interpretation

Topic Tags

  • Legal Standards
  • CC&R Interpretation

Case

Docket No
21F-H2121065-REL
Case Title
Brian D. Sopatyk vs. Xanadu Lake Resort Condominium, Inc.
Decision Date
2021-11-01
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Can the HOA Board or Architectural Committee authorize an improvement (like a screen door) if the CC&Rs explicitly ban it?

Short Answer

No. The Board cannot use its general approval powers to override specific prohibitions in the CC&Rs.

Detailed Answer

Even if an Architectural Committee has the authority to approve improvements, they cannot authorize items that are specifically prohibited by other sections of the CC&Rs. Doing so would render the specific prohibition meaningless.

Alj Quote

If Respondent were permitted to authorize the installation of screen doors through the approval of the Architectural Committee, the bar in CC&R Article 2 § 3(a)(2) would have no meaning.

Legal Basis

Contract Interpretation

Topic Tags

  • Architectural Control
  • Board Authority
  • CC&R Interpretation

Question

If the CC&Rs say pets are allowed 'with Board permission,' does the Board have to let me have a pet?

Short Answer

No. The Board has discretion to deny permission.

Detailed Answer

If the CC&Rs state that animals are not allowed without express permission, the Board is not required to grant that permission. As long as the Board has consistently prohibited pets and not acted arbitrarily, they can enforce a no-pet policy.

Alj Quote

The Administrative Law Judge concludes that Respondent is not required, but may allow pets with the Board’s approval… Petitioner did not establish by a preponderance of the evidence that Respondent has arbitrarily or unreasonably applied CC&R Article 3 § 3(d)(1).

Legal Basis

Board Discretion

Topic Tags

  • Pets
  • Rules Enforcement

Question

Can the HOA charge a 'rental fee' or separate assessment to specific owners for the use or repair of a common area structure?

Short Answer

Not usually. Common area maintenance should be paid from general reserve funds or regular assessments.

Detailed Answer

The HOA cannot arbitrarily charge a 'rental fee' or specific assessment for a common area amenity (like a marquee sign) if the CC&Rs require common area improvements to be funded by the reserve fund or regular assessments.

Alj Quote

The Administrative Law Judge concludes that the marquee is a part of the common area of Xanadu and therefore, the Association was not authorized under CC&R Article 6 § 2(a), to charge a separate assessment or rental fee for the use of the marquee.

Legal Basis

CC&R Article 6 § 2(a)

Topic Tags

  • Assessments
  • Common Areas
  • Financials

Question

Is there a statute of limitations for filing a petition against my HOA with the Arizona Department of Real Estate?

Short Answer

No.

Detailed Answer

The statute of limitations that applies to debts (A.R.S. § 12-548) does not apply to ADRE petitions because they are not actions for debt. The Department itself does not have statute of limitations provisions.

Alj Quote

A.R.S. § 12-548 is inapplicable to the petition filed in this matter because the statute applies to actions for debt evidenced by a contract in writing. The petition does not relate to a debt and furthermore, the Department does not have any statute of limitations provisions.

Legal Basis

A.R.S. § 12-548 (distinguished)

Topic Tags

  • Procedure
  • Statute of Limitations

Question

Can the HOA levy a special assessment for repairs without a vote of the members?

Short Answer

No, not if the CC&Rs require a member vote.

Detailed Answer

If the CC&Rs stipulate that special assessments for capital improvements require the assent of a certain percentage of voters (e.g., 2/3), the HOA cannot impose the cost without holding that vote.

Alj Quote

Furthermore, there was no evidence presented at hearing that the $50 assessment was imposed that complied with CC&R Article 6 § 5.

Legal Basis

CC&R Article 6 § 5

Topic Tags

  • Special Assessments
  • Voting

Question

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

Short Answer

Yes.

Detailed Answer

The Administrative Law Judge has the authority to order the HOA to reimburse the prevailing party for the filing fee.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner his filing fee of $1,000.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • Remedies
  • Fees

Question

How are conflicts or ambiguities in the CC&Rs interpreted by the judge?

Short Answer

They are construed as a whole to determine the underlying purpose.

Detailed Answer

Restrictive covenants are interpreted by looking at the document as a whole to understand the intent of the parties and the purpose of the restrictions.

Alj Quote

Restrictive covenants must be construed as a whole and interpreted in view of their underlying purposes, giving effect to all provisions contained therein.

Legal Basis

Common Law Interpretation

Topic Tags

  • Legal Standards
  • CC&R Interpretation

Case

Docket No
21F-H2121065-REL
Case Title
Brian D. Sopatyk vs. Xanadu Lake Resort Condominium, Inc.
Decision Date
2021-11-01
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Brian D. Sopatyk (petitioner)
    Unit Owner
  • Jacob A. Kubert (petitioner attorney)
    Dessaules Law Group

Respondent Side

  • Penny L. Koepke (respondent attorney)
    Maxwell Morgan PC

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (ADRE Commissioner)
    Arizona Department of Real Estate
  • Louis Dettorre (ADRE Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • DGardner (ADRE staff)
    Arizona Department of Real Estate

Other Participants

  • c. serrano (clerk/staff)
    Transmitting agent mentioned in distribution list

Darryl Jacobson-Barnes & Robert Barnes v. Circle G Ranches 4

Posted on by

Case Summary

Case ID 21F-H2120022-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-08-24
Administrative Law Judge Velva Moses-Thompson
Outcome The Administrative Law Judge dismissed the petition filed by Darryl L. Jacobson-Barnes and Robert Barnes, finding that the Petitioner failed to prove by a preponderance of the evidence that the Respondent HOA violated any of the cited Arizona Revised Statutes or that the alleged CC&R violation was outside the scope of Article III, § 3.10. The Respondent was deemed the prevailing party.
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Darryl Jacobson-Barnes & Robert Barnes Counsel Anthony L. Perez, Esq.
Respondent Circle G Ranches 4 Homeowners Association Counsel Clint G. Goodman, Esq.

Alleged Violations

A.R.S. § 33-1803(D) and (E)
A.R.S. § 33-1804(a)(5)
A.R.S. § 33-1811
Article III, § 3.10 (CC&Rs)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by Darryl L. Jacobson-Barnes and Robert Barnes, finding that the Petitioner failed to prove by a preponderance of the evidence that the Respondent HOA violated any of the cited Arizona Revised Statutes or that the alleged CC&R violation was outside the scope of Article III, § 3.10. The Respondent was deemed the prevailing party.

Why this result: The Petitioner failed to meet the burden of proving by a preponderance of the evidence that the HOA violated A.R.S. §§ 33-1803(D) and (E), 33-1804(5), or 33-1811, or that the alleged unapproved flood light violation was outside the scope of the cited CC&R provision (Article III, § 3.10).

Key Issues & Findings

The Association violated A.R.S.§ 33-1803(D) and (E) by failing to properly respond to the Barnes response to the notice of alleged violation and proceeding with enforcement actions.

Petitioner failed to establish the HOA violated these statutes because the HOA's May 27, 2020 notice contained all required information under A.R.S. § 1803(D)(1)-(4), rendering A.R.S. § 33-1803(E) inapplicable.

Orders: Petition dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1803(D)
  • A.R.S. § 33-1803(E)
  • A.A.C. R2-19-119

The association violated A.R.S. § 33-1804(a)(5) in rendering its decision on the Barnes contest of the notice.

Petitioner failed to establish violation of meeting procedures, as the appeal was discussed in an open session, and the subsequent closed session was justified to allow the HOA to seek legal counsel pursuant to A.R.S. § 33-1804(A)(1).

Orders: Petition dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804(a)(5)
  • A.R.S. § 33-1804(A)(1)

The alleged violation and resulting penalty imposed are void and unenforceable under A.R.S. § 33-1811.

Petitioner failed to prove violation. A.R.S. § 33-1811 applies only to contracts, decisions, or actions for compensation, and no evidence was presented that the Petitioner's appeal involved such compensation.

Orders: Petition dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1811

The alleged violation is outside the scope of the cited CC&R Article III, § 3.10.

Petitioner failed to prove the violation (installation of an unapproved flood light) was outside the scope of Article III, § 3.10, which requires prior approval for 'other structure[s]'.

Orders: Petition dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Article III, § 3.10 (CC&Rs)
  • Article IV, 4.6 (CC&Rs)

Analytics Highlights

Topics: Architectural Control Committee, CC&R Enforcement, Floodlight, Meeting Procedure, Statutory Compliance
Additional Citations:

  • A.R.S. § 33-1803(D)
  • A.R.S. § 33-1803(E)
  • A.R.S. § 33-1804(a)(5)
  • A.R.S. § 33-1804(A)(1)
  • A.R.S. § 33-1811
  • Article III, § 3.10 (CC&Rs)
  • A.A.C. R2-19-119

Video Overview

Audio Overview

Decision Documents

21F-H2120022-REL Decision – 895732.pdf

Uploaded 2026-04-24T11:31:28 (39.8 KB)

21F-H2120022-REL Decision – 895827.pdf

Uploaded 2026-04-24T11:31:31 (5.6 KB)

21F-H2120022-REL Decision – 906326.pdf

Uploaded 2026-04-24T11:31:34 (99.4 KB)

This summary addresses the legal case heard in the Office of Administrative Hearings (OAH) concerning Darryl Jacobson-Barnes & Robert Barnes (Petitioner) and Circle G Ranches 4 Homeowners Association (Respondent/HOA). The case number was 21F-H2120022-REL, and the Administrative Law Judge (ALJ) was Velva Moses-Thompson. Hearings were held on January 26, 2021, March 3, 2021, and July 14, 2021, with the record held open until August 4, 2021.

Key Facts and Dispute Background

The dispute originated when a member of the HOA Board of Directors filed a complaint alleging that Petitioner had installed an unapproved floodlight at the back of their home. On May 27, 2020, the HOA issued a violation notice alleging a violation of Article III, Section 3.10 of the HOA CC&Rs, which requires prior approval of design, location, and materials for structures constructed on the property.

Petitioner requested a hearing regarding the notice. After the parties failed to resolve the issue of "excessive light trespass" following an initial July 9, 2020 open appeal session, the Board held another appeal hearing on July 24, 2020. The Board voted on the appeal in a closed, executive session in order to obtain legal advice. The Board notified the Petitioner that their appeal was denied around August 18, 2020. Petitioner subsequently filed a petition with the Arizona Department of Real Estate (Department) outlining four alleged violations by the HOA.

Main Legal Issues

The OAH hearing focused on four issues set for determination:

  1. Whether the HOA violated A.R.S. § 33-1803(D) and (E) by failing to respond properly to the notice contest and proceeding with enforcement.
  2. Whether the HOA violated A.R.S. § 33-1804(a)(5) by rendering its decision on the contest in a closed session.
  3. Whether the alleged violation and resulting penalty were void and unenforceable under A.R.S. § 33-1811.
  4. Whether the alleged violation (the unapproved floodlight) was outside the scope of the cited CC&R Article III, § 3.10.

Key Legal Findings and Decision

The ALJ concluded that the Petitioner failed to prove by a preponderance of the evidence that the Respondent HOA violated A.R.S. § 33-1808.

  • A.R.S. § 33-1803(D) and (E): The ALJ found no violation. The evidence showed the HOA's May 27, 2020 notice of violation provided all the requisite information (including the CC&R provision, observation date, observer name, and contest process) required under A.R.S. § 33-1803(D)(1)-(4). Since the notice was compliant, the requirements of A.R.S. § 33-1803(E) were not triggered and did not apply.
  • A.R.S. § 33-1804(a)(5): The ALJ found no violation. While the Board voted in a closed session, credible testimony demonstrated that the session was closed to allow the HOA to seek legal counsel concerning the decision, which is permissible pursuant to A.R.S. § 33-1804(A)(1).
  • A.R.S. § 33-1811: The ALJ found no violation. This statute pertains to the validity of actions for compensation (contracts, decisions, etc.) taken by the Board, and no evidence was presented that Petitioner’s appeal involved such an action.
  • Scope of CC&R Article III, § 3.10: The ALJ determined the allegation regarding the unapproved floodlight fell within the scope of CC&R Article III, § 3.10. This article governs the construction of structures, including "other structure[s]," requiring prior approval from the Architectural Control Committee.

Outcome

The ALJ concluded that the petition filed by Darryl L. Jacobson-Barnes and Robert Barnes should be dismissed.

IT IS ORDERED that the petition is dismissed, and the Circle G Ranches 4 Homeowners Association is deemed the prevailing party in this matter. The decision was signed on August 24, 2021.

Questions

Question

What specific information must be included in a violation notice for it to be legally sufficient?

Short Answer

The notice must include the provision violated, the date of observation, the name of the observer, and the process to contest it.

Detailed Answer

An HOA violation notice is considered sufficient if it includes four key pieces of information: the specific community document provision alleged to be violated, the date the violation was observed, the first and last name of the person who observed it, and the process the member must follow to contest the notice. If these are present, the HOA has met its obligation.

Alj Quote

The weight of the evidence shows that the HOA notified Petitioner of the provision of the community documents that had allegedly been violated, the date the violation was observed, the first and last name of the person who observed the violation, and the process the member must follow to contest the notice through the May 27, 2020 notice.

Legal Basis

A.R.S. § 33-1803(D)

Topic Tags

  • violation notices
  • due process
  • HOA procedures

Question

Does the HOA have to send a second 'explanation' letter after I receive a violation notice?

Short Answer

No, not if the original notice already contained all the legally required details.

Detailed Answer

Under Arizona law, the requirement for an HOA to provide a written explanation (often detailed in A.R.S. § 33-1803(E)) is only triggered if the initial violation notice was missing required information. If the initial notice fully satisfied the statutory requirements (provision, date, observer, contest process), the HOA is not required to send further explanation letters before proceeding.

Alj Quote

If a homeowner’s association satisfies the requirements in A.R.S. § 1803(D) (1)-(4) in its notice of violation, A.R.S. § 33-1803 (E) is not triggered and does not apply.

Legal Basis

A.R.S. § 33-1803(E)

Topic Tags

  • violation notices
  • legal requirements

Question

Can the HOA Board go into a closed session to decide on my appeal?

Short Answer

Yes, if the closed session is used to seek legal counsel regarding the decision.

Detailed Answer

While appeals generally involve open discussion, the Board is permitted to adjourn to an executive (closed) session to deliberate if they need to obtain legal advice concerning the decision. This does not violate the open meeting requirement of A.R.S. § 33-1804.

Alj Quote

The preponderance of the evidence does not show that Respondent violated A.R.S. § 33-1804(5) because Petitioner’s appeal was discussed in an open session. Moreover, the HOA presented credible testimony that the session was closed to allow the HOA to seek legal counsel concerning its decision in Petitioner’s appeal

Legal Basis

A.R.S. § 33-1804(A)(1)

Topic Tags

  • board meetings
  • open meeting law
  • executive session

Question

Do I need architectural approval to install a floodlight?

Short Answer

Yes, floodlights can be considered 'structures' or changes requiring approval under CC&Rs.

Detailed Answer

Even if not a building, items like floodlights attached to a home can fall under the scope of CC&R restrictions regarding 'structures' or unapproved changes. The ALJ found that an allegation of an unapproved floodlight falls within the scope of architectural control provisions.

Alj Quote

Respondent alleged that an unapproved flood light was installed at the back of Petitioner’s home. Such allegation falls within the scope of CC&R Article III, § 3.10.

Legal Basis

CC&R Article III, § 3.10

Topic Tags

  • architectural control
  • home improvements
  • lighting

Question

Can I use A.R.S. § 33-1811 to void a penalty if I disagree with the violation?

Short Answer

Generally no, unless the decision involved a conflict of interest or compensation for a board member.

Detailed Answer

A.R.S. § 33-1811 specifically addresses the validity of contracts or decisions involving compensation/conflicts of interest. It is not a catch-all statute to void standard violation penalties where no such compensation or conflict exists.

Alj Quote

A.R.S. § 33-1811 applies to the validity of any contract, decision, or action for compensation taken by or on behalf of the Board. There was no evidence presented at hearing that the Petitioner’s appeal involved a contract, decision or other action for compensation.

Legal Basis

A.R.S. § 33-1811

Topic Tags

  • conflicts of interest
  • penalties
  • statutory interpretation

Question

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

Short Answer

The homeowner must prove the HOA violated the law by a 'preponderance of the evidence'.

Detailed Answer

In these administrative proceedings, the burden is on the petitioner (the homeowner) to provide evidence that carries greater weight or is more convincing than the evidence offered by the HOA.

Alj Quote

At this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1808.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • legal standards
  • hearings
  • burden of proof

Case

Docket No
21F-H2120022-REL
Case Title
Darryl Jacobson-Barnes & Robert Barnes vs. Circle G Ranches 4 Homeowners Association
Decision Date
2021-08-24
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

What specific information must be included in a violation notice for it to be legally sufficient?

Short Answer

The notice must include the provision violated, the date of observation, the name of the observer, and the process to contest it.

Detailed Answer

An HOA violation notice is considered sufficient if it includes four key pieces of information: the specific community document provision alleged to be violated, the date the violation was observed, the first and last name of the person who observed it, and the process the member must follow to contest the notice. If these are present, the HOA has met its obligation.

Alj Quote

The weight of the evidence shows that the HOA notified Petitioner of the provision of the community documents that had allegedly been violated, the date the violation was observed, the first and last name of the person who observed the violation, and the process the member must follow to contest the notice through the May 27, 2020 notice.

Legal Basis

A.R.S. § 33-1803(D)

Topic Tags

  • violation notices
  • due process
  • HOA procedures

Question

Does the HOA have to send a second 'explanation' letter after I receive a violation notice?

Short Answer

No, not if the original notice already contained all the legally required details.

Detailed Answer

Under Arizona law, the requirement for an HOA to provide a written explanation (often detailed in A.R.S. § 33-1803(E)) is only triggered if the initial violation notice was missing required information. If the initial notice fully satisfied the statutory requirements (provision, date, observer, contest process), the HOA is not required to send further explanation letters before proceeding.

Alj Quote

If a homeowner’s association satisfies the requirements in A.R.S. § 1803(D) (1)-(4) in its notice of violation, A.R.S. § 33-1803 (E) is not triggered and does not apply.

Legal Basis

A.R.S. § 33-1803(E)

Topic Tags

  • violation notices
  • legal requirements

Question

Can the HOA Board go into a closed session to decide on my appeal?

Short Answer

Yes, if the closed session is used to seek legal counsel regarding the decision.

Detailed Answer

While appeals generally involve open discussion, the Board is permitted to adjourn to an executive (closed) session to deliberate if they need to obtain legal advice concerning the decision. This does not violate the open meeting requirement of A.R.S. § 33-1804.

Alj Quote

The preponderance of the evidence does not show that Respondent violated A.R.S. § 33-1804(5) because Petitioner’s appeal was discussed in an open session. Moreover, the HOA presented credible testimony that the session was closed to allow the HOA to seek legal counsel concerning its decision in Petitioner’s appeal

Legal Basis

A.R.S. § 33-1804(A)(1)

Topic Tags

  • board meetings
  • open meeting law
  • executive session

Question

Do I need architectural approval to install a floodlight?

Short Answer

Yes, floodlights can be considered 'structures' or changes requiring approval under CC&Rs.

Detailed Answer

Even if not a building, items like floodlights attached to a home can fall under the scope of CC&R restrictions regarding 'structures' or unapproved changes. The ALJ found that an allegation of an unapproved floodlight falls within the scope of architectural control provisions.

Alj Quote

Respondent alleged that an unapproved flood light was installed at the back of Petitioner’s home. Such allegation falls within the scope of CC&R Article III, § 3.10.

Legal Basis

CC&R Article III, § 3.10

Topic Tags

  • architectural control
  • home improvements
  • lighting

Question

Can I use A.R.S. § 33-1811 to void a penalty if I disagree with the violation?

Short Answer

Generally no, unless the decision involved a conflict of interest or compensation for a board member.

Detailed Answer

A.R.S. § 33-1811 specifically addresses the validity of contracts or decisions involving compensation/conflicts of interest. It is not a catch-all statute to void standard violation penalties where no such compensation or conflict exists.

Alj Quote

A.R.S. § 33-1811 applies to the validity of any contract, decision, or action for compensation taken by or on behalf of the Board. There was no evidence presented at hearing that the Petitioner’s appeal involved a contract, decision or other action for compensation.

Legal Basis

A.R.S. § 33-1811

Topic Tags

  • conflicts of interest
  • penalties
  • statutory interpretation

Question

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

Short Answer

The homeowner must prove the HOA violated the law by a 'preponderance of the evidence'.

Detailed Answer

In these administrative proceedings, the burden is on the petitioner (the homeowner) to provide evidence that carries greater weight or is more convincing than the evidence offered by the HOA.

Alj Quote

At this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1808.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • legal standards
  • hearings
  • burden of proof

Case

Docket No
21F-H2120022-REL
Case Title
Darryl Jacobson-Barnes & Robert Barnes vs. Circle G Ranches 4 Homeowners Association
Decision Date
2021-08-24
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Darryl Jacobson-Barnes (petitioner)
    Also referred to as Darryl Lynn Barnes–Jacobson and Darryl Barnes
  • Robert Barnes (petitioner)
    Also referred to as Robert A Barnes and Bob Barnes
  • Anthony L. Perez (petitioner attorney)
    Boyes Legal, PC

Respondent Side

  • Clint G. Goodman (respondent attorney)
    Goodman Holmgren Law Group
  • Michelle Mooney (board member)
    Circle G Ranches 4 Homeowners Association Board of Directors
    Filed complaint against Petitioner
  • Jennifer Amundson (property manager)
    VISION Community Management
    Also referred to as Jen Amundson; inspected violation
  • Amanda Stewart (board member)
    Circle G Ranches 4 Homeowners Association Board of Directors
    Board President

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (ADRE contact)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
  • c. serrano (administrative staff)
    Transmitted July 14, 2021 Order
  • Miranda Alvarez (administrative staff)
    Transmitted August 24, 2021 Order

Laura B Ganer v. Vincenz Homeowners Association

Posted on by

Case Summary

Case ID 20F-H2020060-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-09-16
Administrative Law Judge Velva Moses-Thompson
Outcome The petition was dismissed because the Petitioner failed to prove that the Respondent HOA violated its CC&Rs (Article 7 § 3, Article 10 § 10.11, and Article 12 § 2) when adopting the new parking policy.
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Laura B Ganer Counsel —
Respondent Vincenz Homeowners Association Counsel Mark B. Sahl, Esq.

Alleged Violations

VHA CC&Rs Article 10 § 11, Article 7 § 3, and Article 12 § 2

Outcome Summary

The petition was dismissed because the Petitioner failed to prove that the Respondent HOA violated its CC&Rs (Article 7 § 3, Article 10 § 10.11, and Article 12 § 2) when adopting the new parking policy.

Why this result: Petitioner failed to meet the burden of proof to establish that Respondent violated its CC&Rs by a preponderance of the evidence.

Key Issues & Findings

Challenge to new HOA parking policy adoption

Petitioner alleged the VHA's new parking policy was unreasonable and improperly adopted without an amendment, violating specific CC&R sections.

Orders: The petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199(B)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 33-1803
  • ARIZ. REV. STAT. § 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)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Analytics Highlights

Topics: Parking Policy, CC&Rs, Board Authority, Burden of Proof, Dismissal
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199(B)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 33-1803
  • ARIZ. REV. STAT. § 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)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Video Overview

Audio Overview

Decision Documents

20F-H2020060-REL Decision – 822882.pdf

Uploaded 2026-01-23T17:33:39 (108.6 KB)

Briefing Document: Ganer v. Vincenz Homeowners Association (Case No. 20F-H2020060-REL)

Executive Summary

This document provides an analysis of the Administrative Law Judge Decision in the case of Laura B. Ganer vs. the Vincenz Homeowners Association (VHA), case number 20F-H2020060-REL. The central dispute concerned a new on-street parking policy adopted by the VHA Board in 2020. The petitioner, Ms. Ganer, alleged this policy violated multiple articles of the VHA’s Covenants, Conditions, and Restrictions (CC&Rs).

The Administrative Law Judge, Velva Moses-Thompson, ultimately dismissed the petition. The court concluded that the VHA Board acted within the explicit authority granted to it by the community’s governing documents, specifically CC&R Article 10, § 10.11.1, which empowers the Board to designate parking areas. The judge found that the petitioner failed to meet the burden of proof—a “preponderance of the evidence”—to establish that the VHA had violated its CC&Rs. The decision affirmed the Board’s right to establish rules and regulations for parking as outlined in the CC&Rs without requiring a full membership vote for an amendment.

Background of the Dispute

The case originated from a single-issue petition filed by homeowner Laura B. Ganer with the Arizona Department of Real Estate on or about May 20, 2020. The petition alleged that the Vincenz Homeowners Association violated its governing documents by adopting a new parking policy.

• Parties:

◦ Petitioner: Laura B. Ganer, a property owner within the VHA.

◦ Respondent: Vincenz Homeowners Association (VHA).

• Catalyst: The VHA Board of Directors adopted a new on-street parking policy in 2020.

• Alleged Violations: The petition claimed the new policy violated VHA CC&R Article 10, Section 11; Article 7, Section 3; and Article 12, Section 2.

• Legal Forum: The matter was referred to the Office of Administrative Hearings (OAH) for an evidentiary hearing, which took place on August 27, 2020.

The Contested 2020 Parking Policy

The policy adopted by the VHA Board resolved to allow on-street parking for specific vehicles in designated areas, provided the parking complied with associated rules.

• Allowed Vehicles: Private passenger automobiles and pickup trucks that do not exceed one ton in capacity.

• Designated Parking Areas:

1. Immediately in front of a Lot, for vehicles associated with the owner, resident, or their guests, or with the lot owner’s consent.

2. Immediately in front of any Common Area park within the Association.

3. Along any public street within the Association that does not border a Lot (e.g., in front of a Common Area tract).

Core Legal Arguments and Cited CC&Rs

The dispute centered on whether the VHA Board had the authority to enact the new parking policy or if doing so violated the foundational CC&Rs.

Petitioner’s Position (Laura B. Ganer)

Ms. Ganer argued that the new policy fundamentally contradicted the intent and letter of the CC&Rs.

• Violation of Article 10: She asserted that the original intention of CC&R Article 10, Section 10.11.1 was to limit parking within the VHA.

• Violation of Article 7: She contended the policy violates Article 7, Section 3, because it is “unreasonable” by allowing parking “virtually everywhere” within the community.

• Implicit Amendment: The new policy was so expansive that it effectively constituted an amendment to the CC&Rs, which would require the procedure outlined in Article 12, Section 2 (a 67% member vote), not just a Board resolution.

Respondent’s Position (Vincenz HOA)

The VHA argued that its actions were a proper exercise of the authority explicitly granted to the Board in the CC&Rs.

• Authority from Article 10: VHA contended that CC&R Article 10, § 10.11.1 expressly allows the Board to create parking rules by permitting parking “within areas designated for such purpose by the Board.”

• Inapplicability of Article 7: The Association argued that Article 7, Section 3, which governs general “Association Rules,” did not apply because the parking policy was adopted under the specific authority of Article 10.

• No Amendment Required: VHA maintained that since Article 10 grants the Board the power to adopt parking rules and regulations, an amendment to the CC&Rs under Article 12, Section 2 was not necessary.

• Jurisdictional Argument: VHA also argued that the petition should be dismissed because Ms. Ganer failed to allege or provide facts that the VHA itself had improperly parked a vehicle in violation of the CC&Rs.

Relevant Articles from VHA CC&Rs

Article

Section

Provision Text

Article 10

§ 10.11.1

“Vehicles. No private passenger automobiles or pickup trucks shall be parked upon the Property or any roadway adjacent thereto except within a garage, in a private driveway appurtenant to a Dwelling Unit, or within areas designated for such purpose by the Board.”

Article 10

§ 10.11.2

Governs restrictions on other vehicles like RVs, boats, and commercial vehicles, but allows the Board to designate areas and rules for them.

Article 7

“By a majority vote of the Board, the Association may… adopt, amend and repeal the Association Rules. The Association Rules shall be reasonable… and shall not be inconsistent with this Declaration…”

Article 12

“Except as otherwise provided in this Declaration, this Declaration may be amended only by the affirmative vote (in person or by proxy) or written consent of: (a) Members holding not less than sixty-seven percent (67%) of all Class A votes…”

Administrative Law Judge’s Findings and Decision

The Administrative Law Judge’s decision, issued on September 16, 2020, was based on a direct interpretation of the VHA’s governing documents and the evidence presented.

Legal Standard and Burden of Proof

• The petitioner, Ms. Ganer, bore the burden of proving her allegations by a “preponderance of the evidence,” defined as evidence that is more probably true than not.

• In Arizona, unambiguous restrictive covenants are enforced to give effect to the intent of the parties, and they must be construed as a whole.

Conclusions of Law

1. Interpretation of Article 10: The judge found that CC&R Article 10, Section 10.11.1 unambiguously forbids parking except in specified locations, including “in an area that has… been designated for parking by the Board.”

2. Board Authority: The court concluded that the VHA’s adoption of the parking policy was a valid exercise of the authority explicitly granted to the Board by Article 10.11.1 to designate such parking areas.

3. Failure to Meet Burden of Proof: Ms. Ganer failed to establish that the VHA violated any of the cited articles. The judge noted that Ganer did not even allege that the VHA itself had improperly parked a vehicle.

4. Overall Finding: The decision states, “Upon consideration of all of the evidence presented in this matter, the Administrative Law Judge concludes that VHA did not violate CC&R Article 7 § 3, Article 10 § 10.11, and CC&R Article 12 § 2 when it adopted the parking policy.”

Final Order

“IT IS ORDERED, the petition is dismissed.”

The decision is binding on the parties unless a rehearing is requested with the Commissioner of the Department of Real Estate within 30 days of the service of the order.

Study Guide: Ganer v. Vincenz Homeowners Association

This guide provides a detailed review of the administrative law case Laura B. Ganer v. Vincenz Homeowners Association, Case No. 20F-H2020060-REL. It is designed to test comprehension of the facts, legal arguments, and final decision as presented in the source documents.

——————————————————————————–

Quiz: Short-Answer Questions

Instructions: Please answer the following questions in two to three complete sentences, using only information provided in the case decision.

1. Who were the petitioner and the respondent in this case, and what was their relationship within the community?

2. What specific action did the Vincenz Homeowners Association (VHA) take in 2020 that initiated this legal dispute?

3. List the three specific articles of the VHA’s Covenants, Conditions, and Restrictions (CC&Rs) that petitioner Laura Ganer alleged were violated.

4. According to VHA’s CC&R Article 10 § 10.11.1, under what three conditions are private passenger automobiles and pickup trucks permitted to be parked?

5. What was Ms. Ganer’s primary argument for why the VHA’s new parking policy was “unreasonable” as defined under Article 7 § 3?

6. Upon what grounds did the VHA argue that the petition should be dismissed, relating to the petitioner’s specific allegations?

7. Explain the legal standard of “preponderance of the evidence” as defined in the Administrative Law Judge’s decision.

8. How did the VHA defend its adoption of the new parking policy without obtaining the 67% member vote required for amendments under Article 12 § 2?

9. What was the core reason the Administrative Law Judge concluded that Ms. Ganer failed to prove a violation of CC&R Article 10 § 10.11.1?

10. What was the final order issued by the Administrative Law Judge in this case?

——————————————————————————–

Answer Key

1. The petitioner was Laura B. Ganer, a property owner. The respondent was the Vincenz Homeowners Association (VHA). Ganer owned property within the planned community governed by the VHA.

2. In 2020, the VHA’s Board of Directors adopted a new parking policy that formally allowed on-street parking for certain vehicles in designated areas, such as in front of lots and common areas. This new policy prompted Ms. Ganer to file her petition.

3. Ms. Ganer alleged that the VHA violated Article 10, section 11; Article 7, section 3; and Article 12, section 2 of its Covenants, Conditions, and Restrictions.

4. CC&R Article 10 § 10.11.1 permits these vehicles to be parked within a garage, in a private driveway appurtenant to a Dwelling Unit, or within areas designated for such purpose by the Board.

5. Ms. Ganer argued that the new policy was unreasonable because it allows for parking virtually everywhere within the VHA. She asserted that the original intention of the CC&Rs was to limit parking, not expand it so broadly.

6. The VHA argued for dismissal because Ms. Ganer did not contend, nor provide facts to establish, that the VHA had actually parked an automobile or pickup truck in any prohibited area. The VHA stated the Office of Administrative Hearings only had jurisdiction over alleged violations, not the mere adoption of a policy.

7. “Preponderance of the evidence” is defined as proof that convinces the trier of fact that a contention is more probably true than not. It is described as the greater weight of evidence that is sufficient to incline a fair and impartial mind to one side of an issue over the other.

8. The VHA contended that an amendment was not required to adopt the parking policy. It argued that CC&R Article 10 § 10.11.1 already granted the Board the specific authority to designate parking rules and regulations.

9. The Judge concluded that Ms. Ganer failed to prove a violation because she did not allege that the VHA had actually parked a vehicle in a prohibited area. The Judge noted that the covenant forbids parking in a roadway or garage unless it is in an area designated by the Board.

10. The final order was that the petition is dismissed. This means the judge ruled in favor of the respondent, Vincenz Homeowners Association, and against the petitioner, Laura Ganer.

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Essay Questions

Instructions: The following questions are designed to encourage deeper analysis of the case. Formulate a detailed essay response for each prompt, drawing evidence and arguments directly from the provided legal decision.

1. Analyze the conflicting interpretations of CC&R Article 10 § 10.11.1 presented by Laura Ganer and the Vincenz Homeowners Association. How did the Administrative Law Judge resolve this conflict, and what does this reveal about the judicial interpretation of restrictive covenants?

2. Discuss the legal concept of “burden of proof” as it applied in this case. Explain who held the burden, what the standard was, and why the petitioner ultimately failed to meet it according to the Judge’s findings.

3. Examine the VHA’s argument that CC&R Article 7 § 3 (regarding the adoption of “Association Rules”) was not applicable to its creation of the new parking policy. Based on the text, what is the distinction between a board-designated rule under Article 10 and a formal “Association Rule” under Article 7?

4. Evaluate the petitioner’s claim that the new parking policy constituted an amendment to the Declaration, thereby violating CC&R Article 12 § 2, which requires a 67% member vote. Why was this argument unsuccessful, and what does the decision imply about the scope of a homeowner association board’s power?

5. Using the facts of the case, explain the procedural journey of a homeowner’s dispute within a planned community in Arizona, from the initial filing to the final administrative order.

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over hearings at an administrative agency (in this case, the Office of Administrative Hearings) and makes legal decisions. The ALJ in this matter was Velva Moses-Thompson.

Allowed Vehicles

A term from the VHA’s 2020 parking policy defining the types of vehicles permitted for on-street parking: private passenger automobiles and pickup trucks not exceeding one ton in capacity.

Burden of Proof

The legal obligation of a party in a dispute to provide sufficient evidence to prove their claim. In this case, the petitioner bore the burden of proof.

An acronym for Covenants, Conditions, and Restrictions. These are the governing legal documents that set out the rules for a planned community or homeowners association.

Common Area

Land within a planned community owned by the association for the shared use and enjoyment of its members, such as a park.

Department

Refers to the Arizona Department of Real Estate, the state agency that received the initial petition from Ms. Ganer.

Notice of Hearing

A formal document issued by a legal body that sets the date, time, and location for a hearing and outlines the issues to be discussed. In this case, it was issued on July 1, 2020.

An acronym for the Office of Administrative Hearings, the state office where the evidentiary hearing for this case was held.

Petition

The formal written application filed by a party (the petitioner) to a legal body, initiating a case. Ms. Ganer filed her petition with the Department on or about May 20, 2020.

Petitioner

The party who initiates a lawsuit or files a petition seeking a legal remedy. In this case, Laura B. Ganer.

Planned Community

A real estate development that includes common property and is governed by a homeowners’ association, with rules established by CC&Rs.

Preponderance of the Evidence

The evidentiary standard required to win a civil case, defined as proof that a contention is “more probably true than not.” It is a lower standard than “beyond a reasonable doubt.”

Restrictive Covenant

A provision in a deed or CC&R that limits the use of real property. In Arizona, if unambiguous, such covenants are enforced to give effect to the intent of the parties.

Respondent

The party against whom a petition is filed or who is responding to a lawsuit. In this case, the Vincenz Homeowners Association.

3 Surprising Lessons from One Homeowner’s Fight Against Her HOA’s New Parking Rules

For millions of homeowners, the relationship with their Homeowners Association (HOA) is often defined by a single, persistent source of frustration: parking rules. Whether it’s restrictions on street parking, rules about commercial vehicles, or limits on guest parking, these regulations are a frequent flashpoint for community disputes. We tend to think of these fights as homeowners pushing back against ever-tightening restrictions.

But what happens when the script is flipped? In a fascinating legal case from Arizona, a homeowner named Laura Ganer took her HOA to court not because the rules were too strict, but because the board enacted a new, more permissive parking policy. She believed the board had overstepped its authority by allowing on-street parking that had previously been forbidden.

The resulting decision from the Administrative Law Judge provides a masterclass in HOA governance. It peels back the layers of community documents to reveal how power is delegated and exercised. The outcome holds several surprising lessons for any homeowner who thinks they understand the rules of their community.

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1. The Devil in the Details: How a “Restriction” Became a Permission Slip

At the heart of Ms. Ganer’s case was her belief that the community’s founding documents—the Covenants, Conditions, and Restrictions (CC&Rs)—were written to severely limit on-street parking. She pointed to what seemed like a clear and unambiguous rule in the Vincenz Homeowners Association (VHA) governing documents.

The rule, found in VHA CC&R Article 10 § 10.11.1, begins with a strong prohibition:

“No private passenger automobiles or pickup trucks shall be parked upon the Property or any roadway adjacent thereto except within a garage, in a private driveway appurtenant to a Dwelling Unit, or within areas designated for such purpose by the Board.”

For many residents, the rule’s intent seemed clear: keep cars in garages and driveways. The critical turn, however, lay not in the prohibition but in the exceptions that followed. The power was vested in a single, potent phrase authorizing the Board to act: “…or within areas designated for such purpose by the Board.” This clause, tucked at the end of the sentence, transformed a restrictive rule into a grant of discretionary power. The judge found this language gave the VHA Board explicit authority to create its new policy. This is a classic example of how governing documents are drafted to provide operational flexibility, allowing a future board to adapt to changing community needs without undergoing the arduous process of a full membership vote to amend the CC&Rs. The Board wasn’t breaking the rules; it was using a specific power granted to it all along.

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2. A Board Rule Isn’t a Bylaw Amendment (And Why It Matters)

Ms. Ganer raised two additional legal arguments. First, she contended that such a fundamental change to the community’s parking landscape was effectively an amendment to the CC&Rs. If it were an amendment, it would have required a community-wide vote and approval of “not less than sixty-seven percent (67%) of all Class A votes,” as stipulated in Article 12 § 2.

The VHA countered, and the judge agreed, that the Board was not amending the CC&Rs. Instead, it was exercising a power the document had already granted it in Article 10: the power to “designate” parking areas. Because the mechanism for the board to act was already in the foundational document, no amendment—and therefore no membership vote—was necessary.

Critically, Ms. Ganer also alleged a violation of Article 7 § 3 of the CC&Rs, which states that any “Association Rules shall be reasonable.” The VHA’s response to this claim was a deft legal maneuver. It argued that Article 7 § 3 did not apply because the Board didn’t adopt the parking policy under its general authority to make rules; it acted under the specific authority granted in Article 10. This distinction is vital in HOA governance, as it illustrates how a specific grant of power can sometimes bypass the general requirements that apply to other board actions.

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3. An Opinion Isn’t Proof: The Heavy Burden on the Homeowner

Ms. Ganer’s claim that the new policy was “unreasonable” because it allowed “parking virtually everywhere” was her attempt to prove a violation of Article 7 § 3. To an outside observer, this might seem like a fair point. But in a legal setting, a personal feeling of unreasonableness is not evidence.

The Administrative Law Judge noted that as the petitioner, Ms. Ganer had the “burden of proof” to show the HOA violated the CC&Rs “by a preponderance of the evidence.” This legal standard requires convincing proof, not just a strong opinion. The court document provides a clear definition:

“The greater weight of the evidence, not necessarily established by the greater number of witnesses testifying to a fact but by evidence that has the most convincing force; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

Ultimately, the judge concluded that Ms. Ganer failed to meet this burden. Her assertion that the rule was unreasonable could not overcome the VHA’s argument that it had acted within the specific authority granted by Article 10. She did not provide convincing evidence of a violation, and the judge found in favor of the HOA, dismissing her petition entirely.

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Conclusion: The Ultimate Authority Is in the Fine Print

This case serves as a powerful lesson in HOA law, illustrating a key principle of document hierarchy. The ultimate authority is not what seems fair or what was historically done, but the exact wording in the community’s governing documents. A specific grant of authority will almost always override arguments based on general principles.

Here, the specific power to “designate” parking areas in Article 10 trumped both the general procedural requirement for a 67% vote for amendments in Article 12 and the general principle that rules must be “reasonable” under Article 7. Ms. Ganer’s challenge failed because the Board’s actions, while contrary to her expectations, were perfectly aligned with the powers the CC&Rs had given it from the start.

This case is a powerful reminder to read the fine print. When was the last time you read your community’s governing documents, and what powers might you be surprised to find your board already has?

Case Participants

Petitioner Side

  • Laura B Ganer (petitioner)
    Appeared on behalf of herself.

Respondent Side

  • Mark B. Sahl (HOA attorney)
    Vincenz Homeowners Association

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • Nicole Payne (recipient)
    Received transmission of the decision via US Mail.