Randall White v. Quail Creek Villas Association Inc

Posted on December 29, 2022 by [email protected]

Case Summary

Case ID	23F-H004-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2022-12-29
Administrative Law Judge	Jenna Clark
Outcome	The ALJ denied the petition because the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated community documents or statutes. The ALJ noted that Petitioner lacked the authority to request the inspection on behalf of the HOA, and one primary statute cited (ARS § 10-3842) was inapplicable/outside jurisdiction.
Filing Fees Refunded	$500.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Randall White	Counsel	—
Respondent	Quail Creek Villas Association Inc.	Counsel	Carolyn Goldschmidt

Alleged Violations

ARIZ. REV. STAT. § 10-3842; Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2

Outcome Summary

The ALJ denied the petition because the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated community documents or statutes. The ALJ noted that Petitioner lacked the authority to request the inspection on behalf of the HOA, and one primary statute cited (ARS § 10-3842) was inapplicable/outside jurisdiction.

Why this result: Petitioner failed to meet the burden of proof regarding the alleged statutory and community document violations. The ALJ found Petitioner lacked the authority to act for the Association, and the inspection had not yet commenced when directed to stop.

Key Issues & Findings

Alleged interference with wildfire risk assessment

Petitioner alleged Respondent stopped the Green Valley Fire Department's in-progress wildfire risk assessment, interfering with the assessment and failing to act in good faith or in the best interests of the Corporation.

Orders: Petitioner's petition was denied. All pending post-hearing motions were denied as moot.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

ARIZ. REV. STAT. § 10-3842
ARIZ. REV. STAT. § 33-1802
ARIZ. REV. STAT. § 33-1805
Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2

Analytics Highlights

Topics: HOA dispute, wildfire risk, homeowner authority, jurisdiction, planned community

Additional Citations:

ARIZ. REV. STAT. § 10-3842
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 33-1802
ARIZ. REV. STAT. § 33-1805
Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2
ARIZ. ADMIN. CODE R2-19-119

Video Overview

Audio Overview

Decision Documents

23F-H004-REL Decision – 1002376.pdf

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23F-H004-REL Decision – 1002517.pdf

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23F-H004-REL Decision – 1014952.pdf

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23F-H004-REL Decision – 1020817.pdf

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23F-H004-REL Decision – 1022445.pdf

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23F-H004-REL Decision – 1002376.pdf

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23F-H004-REL Decision – 1002517.pdf

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23F-H004-REL Decision – 1014952.pdf

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23F-H004-REL Decision – 1020817.pdf

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23F-H004-REL Decision – 1022445.pdf

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This summary details the proceedings, arguments, and final decision in the matter of Randall White, Petitioner, vs. Quail Creek Villas Association Inc., Respondent, before the Office of Administrative Hearings (OAH), Docket No. 23F-H004-REL.

Key Facts and Procedural History

The hearing, presided over by Administrative Law Judge (ALJ) Jenna Clark, was held on December 12, 2022, having been previously continued from an initial date of October 21, 2022. Petitioner Randall White appeared on his own behalf, while Carolyn Goldschmidt represented the Respondent homeowner's association (HOA), with three witnesses testifying for the defense.

Main Issues and Allegations

The core issue defined for the hearing was whether the Respondent violated the Quail Creek Villas Association Inc. Bylaws Article III Section 2 and Arizona Revised Statute (ARS) § 10-3842 by allegedly stopping an in-progress wildfire risk assessment by the Green Valley Fire Department (GVFD). Petitioner later clarified he intended to cite ARS § 33-1802, concerning planned communities, as the relevant property statute.

Petitioner's Argument and Testimony

Petitioner White testified that his concerns about wildfire hazards arose when he had difficulty obtaining homeowner's insurance due to fire risk in the area. He contacted GVFD Inspector John O’Campo to perform a complimentary fire inspection for the entire Quail Creek Villas subdivision. On May 3, 2022, O’Campo notified Petitioner that a Board Member had instructed him via email to address such issues to the management company, thereby halting the planned assessment. Petitioner asserted this interference was not in good faith nor in the best interest of the corporation.

Respondent's Argument and Defense

The Respondent's counsel argued that Petitioner, as a homeowner, lacked the authority to schedule an inspection on behalf of the Association. The Respondent asserted that the Board of Directors is responsible for managing the business and affairs of the corporation, as stipulated in the community documents (CC&Rs and Bylaws). Testimony from the HOA's witnesses suggested the Board member could not recall sending the email that halted the inspection. The Respondent also noted that subsequent to the Petition, the Association did arrange for a fire hazard assessment through the Arizona State Department of Forestry & Fire Management in November 2022, although the ALJ ruled this post-complaint evidence was generally irrelevant to the original alleged violation.

Legal Points and Decision

The ALJ found that ARS § 10-3842 (Standards of Conduct for Officers) was outside the Department’s jurisdiction. The ALJ focused strictly on whether the Board's actions prior to the July 22, 2022, filing date constituted a violation of ARS Title 33 or the Bylaws.

The Administrative Law Judge Decision concluded that Petitioner failed to meet his burden of proving a statutory or community document violation by a preponderance of the evidence.

The crucial legal finding was that Petitioner did not have the authority or permission to act on behalf of the Association to request the wildfire inspection. Furthermore, the Petitioner conceded that the inspection had not actually commenced when the Board intervened.

Outcome

The ALJ denied Petitioner’s petition. All pending post-hearing motions were also denied as moot. The final order was issued on December 29, 2022.

Appeals
Deadlines

Case

Docket No: 23F-H004-REL
Case Title: Randall White vs. Quail Creek Villas Association Inc.
Decision Date: 2022-12-29
Alj Name: Jenna Clark
Tribunal: OAH
Agency: ADRE

Questions

Question

Can an individual homeowner authorize vendors or government agencies to perform inspections on HOA common property?

Short Answer

No. Unless explicitly granted permission by the governing documents, an individual homeowner does not have the authority to act on behalf of the Association.

Detailed Answer

Alj Quote

Legal Basis

Association Bylaws Art. III, Section 2; ARS 33-1802

Topic Tags

Homeowner Authority
Common Area Inspections
Board Powers

Question

Who is responsible for proving that a violation occurred in an administrative hearing?

Short Answer

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

Detailed Answer

The person bringing the complaint must prove their case. The HOA does not inherently have to disprove the allegations; the homeowner must first provide sufficient evidence that a violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.

Legal Basis

Arizona Administrative Code R2-19-119

Topic Tags

Burden of Proof
Hearing Procedures

Question

Does the Department of Real Estate have jurisdiction over the standards of conduct for corporate officers (ARS Title 10)?

Short Answer

No. The Department's jurisdiction is limited to specific real estate and planned community statutes.

Detailed Answer

Alj Quote

ARIZ. REV. STAT. § 10-3842, Corporations and Association – Standards of Conduct for Officers, is outside the jurisdiction of the Department and inapplicable to this matter.

Legal Basis

Jurisdictional Limits

Topic Tags

Jurisdiction
Corporate Law
Officer Conduct

Question

What is the 'preponderance of the evidence' standard used in these hearings?

Short Answer

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

Detailed Answer

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 Standards
Evidence

Question

If I accidentally email my evidence to the wrong email address for the HOA's attorney, will it still be admitted?

Short Answer

Likely not. The responsibility for properly serving evidence lies with the person sending it.

Detailed Answer

Alj Quote

Thus, Petitioner bore the onus of any mishandling/compromise of his proposed hearing exhibits.

Legal Basis

Procedural Rules

Topic Tags

Evidence
Procedure
Mistakes

Question

Can I cite general statutes or non-existent statutes in my petition?

Short Answer

No, you must cite specific, valid statutes. Citing non-existent codes weakens the case.

Detailed Answer

Alj Quote

Legal Basis

Statutory Interpretation

Topic Tags

Legal Research
Petition Drafting

Question

What is the deadline for requesting a rehearing if I disagree with the decision?

Short Answer

30 days from the date the order is served.

Detailed Answer

If a party wishes to contest the ALJ's decision, they must file a request for a rehearing with the Commissioner of the Arizona Department of Real Estate within 30 days.

Alj Quote

Legal Basis

ARS 41-1092.09

Topic Tags

Appeals
Deadlines

Case

Docket No: 23F-H004-REL
Case Title: Randall White vs. Quail Creek Villas Association Inc.
Decision Date: 2022-12-29
Alj Name: Jenna Clark
Tribunal: OAH
Agency: ADRE

Case Participants

Petitioner Side

Randall White (petitioner)
Quail Creek Villas homeowner
Appeared on his own behalf.

Respondent Side

Carolyn B. Goldschmidt (HOA attorney)
Goldschmidt | Shupe LLC
Counsel for Respondent.
Lori Wuollet (community manager)
CAD Community Management
Witness for Respondent; also known as Lori Don Wlette or Gloria Wlette.
John Messner (board member)
Quail Creek Villas Association Inc.
Vice President and witness for Respondent.
Robert Jelen (board member)
Quail Creek Villas Association Inc.
President and witness for Respondent; sometimes referred to as Bob Kellen.
Max Tittle (board member)
Quail Creek Villas Association Inc.
Also referred to as Max Tibble or Matt Tittle.
Diane (board member)
Quail Creek Villas Association Inc.
Mentioned by Petitioner as a board member.

Neutral Parties

Jenna Clark (ALJ)
OAH
Presided over the hearing and issued the decision.
Tammy L. Eigenheer (ALJ)
OAH
Signed minute entries (Sept 27, 2022) and order regarding virtual appearance (Nov 28, 2022).
John O'Campo (fire inspector)
Green Valley Fire Department
Contacted by Petitioner regarding wildfire assessment.
Roger Thompson (fire inspector)
Green Valley Fire Department
Parallel to John O'Campo; communicated with Petitioner and Respondent's board member.
Corey Guerin (inspector)
AZ Dept Forestry & Fire Management
Performed the Firewise assessment on November 3, 2022.
Miranda Alvarez (Legal Secretary)
OAH
Signed transmission lists.
c. serrano (Staff)
OAH
Clerical staff involved in document transmission.

Other Participants

Louis Dettorre (Commissioner)
ADRE
Recipient of official transmissions.
AHansen (ADRE Staff)
ADRE
Recipient of official transmissions.
vnunez (ADRE Staff)
ADRE
Recipient of official transmissions.
djones (ADRE Staff)
ADRE
Recipient of official transmissions.
labril (ADRE Staff)
ADRE
Recipient of official transmissions.

Colonia Del Rey Homeowners Association v. Gregory Czekaj

Posted on July 8, 2019 by [email protected]

Case Summary

Case ID	19F-H1918040-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2019-07-08
Administrative Law Judge	Kay Abramsohn
Outcome	Petitioner failed to prove HOA violated records, voting, or notice statutes. HOA failed to prove Petitioner violated Bylaws by misrepresenting himself as an officer.
Filing Fees Refunded	$2,000.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Gregory L. Czekaj	Counsel	Gary Wolf
Respondent	Colonia Del Rey HOA, Inc.	Counsel	Carolyn Goldschmidt

Alleged Violations

A.R.S. § 33-1805
A.R.S. § 33-1812(A)
A.R.S. § 33-1804(B)
Bylaws Sections 6.1, 7.1, 9.2

Outcome Summary

Petitioner failed to prove HOA violated records, voting, or notice statutes. HOA failed to prove Petitioner violated Bylaws by misrepresenting himself as an officer.

Why this result: Petitioner's interpretations of statutes regarding notice and voting were incorrect, and HOA complied with records requests. HOA lacked evidence for its claim against Petitioner.

Key Issues & Findings

Failure to provide records

Petitioner alleged HOA failed to provide requested organizational, business, corporate, and financial records.

Orders: The HOA was deemed the prevailing party. Petitioner bears his filing fees.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Invalid fee increase due to proxy vote

Petitioner alleged a $5 fee increase was invalid because a proxy vote was used in violation of statutes and rules.

Orders: The HOA was deemed the prevailing party. Petitioner bears his filing fees.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Failure to provide ten-day meeting notice

Petitioner alleged HOA failed to give ten-day notice for a meeting to vote on Bylaws amendments.

Orders: The HOA was deemed the prevailing party. Petitioner bears his filing fees.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Petitioner exceeded rights as member

HOA alleged Petitioner misrepresented himself as an officer to obtain insurance and tax information.

Orders: The HOA did not prevail. HOA bears its filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_win

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Video Overview

Audio Overview

Decision Documents

19F-H1919054-REL Decision – 720897.pdf

Uploaded 2026-04-24T11:19:52 (224.6 KB)

19F-H1919054-REL Decision – 720897.pdf

Uploaded 2026-02-11T06:34:36 (224.6 KB)

Administrative Law Judge Decision: Czekaj v. Colonia Del Rey HOA, Inc.

Executive Summary

On July 8, 2019, the Arizona Office of Administrative Hearings issued a decision regarding a multi-faceted dispute between Gregory L. Czekaj (Petitioner) and Colonia Del Rey HOA, Inc. (Respondent). The proceedings consolidated four separate complaints: three filed by the Petitioner regarding records access, voting validity, and meeting notices, and one filed by the HOA alleging the Petitioner misrepresented himself as an officer to third-party entities.

The Administrative Law Judge (ALJ) ruled overwhelmingly in favor of the HOA. The HOA was deemed the prevailing party in three of the four complaints. The ALJ concluded that the HOA had fulfilled its statutory obligations regarding records disclosure and meeting notices and that a contested $5.00 assessment increase was legally valid. Regarding the fourth complaint, neither party prevailed, as the evidence was insufficient to prove the Petitioner had intentionally misrepresented himself, though the ALJ noted the Petitioner was "mistaken" in his belief that individual members possess board-level administrative authority.

Detailed Analysis of Key Themes

1. Statutory Obligations vs. Member Demands for Records

A central theme of the dispute was the interpretation of A.R.S. § 33-1805, which governs the inspection of association records. The Petitioner argued that the HOA "withheld" documents, while the HOA maintained that the Petitioner's requests were overly broad and burdensome.

Burdensome Requests: The ALJ determined that the Petitioner’s request to review "any and all" documents since 1984 was inherently burdensome for a small, volunteer-run HOA with no central office.
Response Standards: The ruling clarified that associations are permitted to ask members to narrow their requests. Once a member provides clarification and acknowledges receipt (e.g., saying "thank you"), the HOA is justified in considering the request fulfilled until a new, specific request is made.
Electronic Disclosure: The HOA’s provision of electronic documents at no cost was found to be an appropriate response to records requests, fulfilling the statutory requirement for reasonable availability.

2. Validity of Governance and Voting Procedures

The Petitioner challenged a $5.00 monthly assessment increase (from $75 to $80) based on the initial use of an illegal proxy vote.

Correction of Errors: Although a proxy vote was initially and incorrectly counted, the HOA subsequently corrected the tally.
Defining "Votes Cast": The ALJ found that under the HOA’s CC&Rs, the requirement for a 2/3 majority applies to the "votes cast" by those present, not 2/3 of the total membership. With 6 members present, a vote of 5 YES and 1 NO (83.3%) exceeded the required 2/3 threshold (4 votes), rendering the increase valid regardless of the discarded proxy.
Record Retention: The destruction of original ballots after one year was found to be in compliance with the HOA’s one-year record retention policy and A.R.S. § 33-1812(A)(7).

3. Standards for Meeting Notices

The dispute highlighted a common member misconception regarding notice periods. The Petitioner argued that a meeting was invalid because he did not receive the notice 10 days in advance.

Mailing vs. Receipt: The ALJ clarified that A.R.S. § 33-1804(B) requires the HOA to "cause notice to be hand-delivered or sent" at least 10 days prior to a meeting. The law does not mandate that the member receive the notice within that timeframe.
Validity: The ruling confirmed that a member's failure to receive actual notice does not invalidate the actions taken at a meeting, provided the HOA can demonstrate the notice was sent (e.g., through testimony or mailing records).

4. Limits of Member Authority

The final theme involved the boundaries between individual member rights and Board administrative authority. The Petitioner attempted to contact the HOA’s insurance agent and the IRS to obtain sensitive information, such as the HOA’s Taxpayer Identification Number (TIN).

Administrative Rights: The ALJ concluded that HOA Bylaws vest management and administrative authority exclusively in the Board of Directors.
The "Right to Enforce": The Petitioner argued that CC&R provisions allowing owners to "enforce" restrictions gave him the right to contact vendors and the IRS. The ALJ rejected this, stating that the right to enforce allows a member to petition the Board or seek legal remedy, but does not bestow board-level administrative powers upon individual homeowners.

Analysis of Complaints and Outcomes

Complaint Number	Subject Matter	Primary Allegation	Prevailing Party
One	Records Access	HOA withheld requested financial and corporate records.	HOA
Two	Assessment Vote	A $5.00 fee increase was invalid due to the use of a proxy vote.	HOA
Three	Meeting Notice	HOA failed to provide 10-day notice for a Bylaw amendment meeting.	HOA
Four	Misrepresentation	Petitioner allegedly posed as an HOA officer to the IRS and insurance agent.	Neither

Important Quotes with Context

On Burdensome Record Requests

"The Administrative Law Judge concludes that the request, as stated, was burdensome and needed to be clarified given that the HOA has been in existence since 1984, has no office, and various persons have been officers over the past years." (Finding 62)

Context: The ALJ rejected the Petitioner's claim that the HOA was "withholding" information, noting that the HOA acted reasonably by asking the Petitioner to narrow his broad request for all documents since the association's inception.

On the Definition of Statutory Notice

"The Administrative Law Judge concludes that Petitioner’s argument fails that the notice packages had to be 'received' more than ten days prior to the meeting; such a position is a misreading of the statutory requirement." (Finding 68)

Context: This quote addresses Complaint Three, establishing that the legal standard for notice is the act of mailing or sending, not the confirmed receipt by the homeowner.

On Member Privileges vs. Board Authority

"Petitioner is mistaken if he believes that he, as a member, may undertake to dictate or manage actions of the Board. The HOA Bylaws do not vest any of the Board’s authority in the members." (Finding 71)

Context: The ALJ used this statement to clarify that while members have the right to review records and vote, they do not have the right to perform administrative tasks, such as contacting the IRS or HOA vendors on behalf of the association.

Actionable Insights

For Homeowners Association Boards

Formalize Record Requests: Require members to clarify broad requests. Document all responses and utilize electronic delivery to satisfy statutory requirements for "reasonable availability" at minimal cost.
Correct Procedural Errors Promptly: As seen in the assessment vote, an initial procedural error (like an improper proxy) does not necessarily invalidate an action if the corrected tally still meets the required legal threshold.
Maintain Proof of Mailing: Ensure the Secretary maintains records of when meeting notices are sent. Under A.R.S. § 33-1804(B), proving the date of mailing is the standard for legal compliance, not proof of delivery.

For Homeowners

Distinguish Between "Review" and "Manage": Members have a statutory right to review records, but this does not grant them the authority to act as an agent of the HOA or manage its business affairs (e.g., contacting the IRS).
Understand Voting Thresholds: Carefully review CC&Rs to determine if a required majority applies to the entire membership or only the votes cast by those present at a meeting where a quorum is met.
Verify Statutory Timelines: Be aware that "notice" is legally defined by the date the HOA initiates delivery, not the date the mail is received. Failing to receive mail does not legally excuse a member from the outcomes of a meeting.

Study Guide: Czekaj v. Colonia Del Rey HOA Administrative Case

This study guide provides a comprehensive overview of the administrative hearing between Gregory L. Czekaj (Petitioner/Homeowner) and Colonia Del Rey HOA, Inc. (Respondent/HOA), heard by the Arizona Office of Administrative Hearings on June 14, 2019. It examines the legal requirements for homeowners' associations regarding records access, voting procedures, meeting notices, and the limitations of member authority.

I. Case Overview

Case Numbers: 19F-H1918040-REL and 19F-H1919054-REL.
Parties: Gregory L. Czekaj, a homeowner since March 2017, and Colonia Del Rey HOA, Inc., a nine-home association established in 1984.
Central Issues: Alleged violations of Arizona Revised Statutes (A.R.S.) regarding records requests, voting irregularities, and meeting notice timelines, as well as an HOA allegation regarding a member's unauthorized use of authority.

II. Key Legal Concepts and Statutory Interpretations

1. Access to HOA Records (A.R.S. § 33-1805)

Availability: All financial and other records must be made reasonably available for examination.
Timeline: The HOA has ten (10) business days to fulfill a written request.
Costs: Statutes do not require an HOA to provide copies at no cost. The HOA may charge up to 15 cents per page for copies, which must be reimbursed upon delivery.
Scope: Requests must be specific. Requests to review "all documents" may be considered burdensome, especially for older associations without formal offices.

2. Meeting Notices (A.R.S. § 33-1804(B))

Timing: Notice must be provided not fewer than ten (10) days in advance of a meeting.
Legal Requirement: The statute requires the HOA to "cause notice to be hand-delivered or sent prepaid by [U.S.] mail."
Receipt vs. Sending: The legal obligation is satisfied when the notice is sent. The validity of actions taken at a meeting is not affected if a member fails to receive the actual notice, provided the HOA followed the sending procedures.

3. Voting and Proxies (A.R.S. § 33-1812)

Proxies: Arizona state law and specific HOA resolutions (e.g., Resolution 20140315-01) may prohibit the use of proxy votes.
Absentee Ballots: These are acceptable and may be cast via email if permitted by the association.
Quorum and Thresholds:
A quorum is often met by the presence of members entitled to cast 50% of the votes.
Assessments exceeding 10% of the previous year's amount may require a two-thirds (2/3) vote of those voting (not 2/3 of the entire membership).

4. Member vs. Board Authority

Member Privileges: Under HOA Bylaws (Section 3.1), privileges are limited to voting, holding office, and enjoying common areas.
Management Rights: Business affairs are managed by the Board of Directors (Section 6.1). Members do not possess administrative rights, authority, or responsibility to manage vendors, contractors, or government agencies (like the IRS) on behalf of the HOA.
Enforcement Rights: While CC&Rs may allow an owner to "enforce" restrictions (Article XIV, Section 1), this typically means the right to petition the Board to act, rather than the right to assume Board duties.

III. Short-Answer Practice Questions

How many business days does an HOA have to fulfill a written records request under A.R.S. § 33-1805(A)?
Does a member’s failure to receive a meeting notice invalidate the actions taken at that meeting? Explain why or why not.
According to the ALJ decision, what is the maximum fee an HOA can charge per page for copies of records?
In the context of the $5 assessment increase, how was the two-thirds (2/3) majority calculated?
Why was the proxy vote cast for Ed Freeman eventually disregarded in the final tabulation of the May 2017 vote?
Under the Colonia Del Rey Bylaws, who is responsible for the management of the HOA's business affairs?
What was the Petitioner’s argument regarding his right to contact the IRS and the HOA’s insurance agent?
What constitutes a "preponderance of the evidence" in an administrative hearing?

IV. Essay Prompts for Deeper Exploration

The Tension Between Transparency and Burdensome Requests: Analyze the ALJ's conclusion regarding Complaint One. How should an HOA balance its statutory duty to provide records with the practical limitations of being a small, volunteer-run organization without a physical office?
Statutory Interpretation of "Notice": Discuss the legal distinction between "causing notice to be sent" and the member's "actual receipt" of notice. Why is this distinction vital for the administrative functioning of a homeowners' association?
The Limits of Homeowner Enforcement Rights: Petitioner argued that CC&R Article XIV gave him the right to enforce rules, which he interpreted as authority to contact vendors and the IRS. Critique this interpretation based on the ALJ’s findings regarding the separation of member privileges and Board authority.
Validity of HOA Actions: Evaluate the May 6, 2017, assessment vote. Even though the HOA initially provided incorrect information on the ballot (stating 6 votes were needed) and allowed an invalid proxy, the ALJ upheld the vote. Explain the legal reasoning that allowed the vote to stand.

V. Glossary of Important Terms

A.R.S. § 33-1804(B): The Arizona statute governing the requirements and timelines for notifying members of HOA meetings.
A.R.S. § 33-1805: The Arizona statute mandating that HOA financial and other records be made reasonably available to members.
Absentee Ballot: A ballot cast by a member who is not physically present at a meeting; in this case, permitted via email.
Administrative Law Judge (ALJ): A judge who presides over hearings and makes decisions in cases involving government agency rules or specialized statutes (e.g., the Department of Real Estate).
Bylaws: The rules governing the internal management of the HOA, including the duties of the Board and the rights of members.
CC&Rs (Covenants, Conditions, and Restrictions): The legal documents that lay out the guidelines for the community and the rights/obligations of the homeowners.
Preponderance of the Evidence: The legal standard of proof in this case, meaning that a claim is "more probably true than not."
Proxy Vote: A vote cast by one person on behalf of another. In this case, the ALJ confirmed that such votes were prohibited by state law and HOA resolution.
Quorum: The minimum number of members who must be present (in person or by absentee ballot) at a meeting to make the proceedings of that meeting valid.
Ramada: A common area structure in the Colonia Del Rey HOA used for records review and meetings.
TIN (Taxpayer Identification Number): A unique number used by the IRS to identify a business entity or organization like an HOA.

Lessons from the Courtroom: A Homeowner’s Legal Challenge to HOA Governance

1. Introduction: Small Association, Big Legal Stakes

The legal landscape of homeowner associations (HOAs) often involves sprawling master-planned communities with hundreds of residents. However, the case of Gregory L. Czekaj v. Colonia Del Rey HOA, Inc. (No. 19F-H1918040-REL) serves as a potent reminder that legal stakes remain high regardless of community size.

Colonia Del Rey is a micro-community in Tucson, Arizona, consisting of just nine homes on a private road. It has no central office and no pool, and its Board is comprised entirely of elected volunteers. Yet, this tiny association found itself before the Office of Administrative Hearings defending its governance against four separate complaints from a single homeowner. As a legal analyst, I find this case particularly instructive because the Administrative Law Judge’s (ALJ) decision provides a definitive roadmap for record requests, voting thresholds, and the strict boundaries of homeowner authority versus Board management.

2. Record Requests: "Burdensome" vs. "Legal Right"

In Complaint One, the Petitioner alleged the HOA violated A.R.S. § 33-1805 by failing to provide requested records. The conflict began when the Petitioner issued a sweeping request to review "any and all" association documents. The HOA President initially pushed back, labeling the request "burdensome" and asking for specificity—a move the Tribunal later interpreted as a reasonable administrative response for a small, volunteer-run entity.

The following table analyzes the friction between the Petitioner’s allegations and the HOA’s documented compliance:

Petitioner’s Allegations	HOA’s Documented Responses & Legal Context
Withholding Organizational Docs: Claimed the HOA failed to provide current Articles of Incorporation, forcing him to pay $54 to the state for them.	Fulfilled Electronically: The HOA provided the Articles, Bylaws, and CC&Rs via email on May 14. The Tribunal ruled the request was satisfied once the member replied "thank you."
Incomplete Financial Review: Alleged tax returns and insurance policies were missing during a November 23 records review.	Coordinated Access: The HOA facilitated a two-hour review session. Remaining records (tax returns/invoices) were emailed on Nov 30 after being finalized by the CPA.
Access to Physical Copies: Challenged the logistics of obtaining hard copies of the records reviewed.	Governance Rule: Per A.R.S. § 33-1805(A), HOAs may charge up to 15 cents per page for copies and have 10 business days to produce them after a specific request is made.

Analyst’s Note: The ALJ concluded the HOA complied with the law because they provided records within 10 business days of the Petitioner clarifying his broad request. For boards, the takeaway is clear: broad requests can be legally treated as burdensome, but once specified, the statutory clock starts.

3. The $5 Assessment Increase: Navigating Voting Math

Complaint Two challenged a 2017 vote that raised monthly assessments from $75 to $80. The Petitioner argued the vote was invalid because a proxy was cast for a tenant (Ed Freeman), which violated both A.R.S. § 33-1812(A) and the HOA’s own policies.

While the proxy vote was indeed improper and eventually discarded, the Tribunal’s analysis of the "Math of Governance" is where the most critical professional insight lies. Many associations struggle to distinguish between a "majority of all members" and a "majority of votes cast."

The Voting Requirement: Under Article IV, Section 5(b) and (f) of the CC&Rs, the increase required approval by 2/3 of the votes cast—not 2/3 of the total membership.
The Final Valid Tally: After discarding the invalid proxy and accounting for eligible members present, the count was 5 "YES" and 1 "NO."
The Calculation: 5 (Yes) / 6 (Total) = 83.3% Approval.

Governance Tip: Because the 83.3% approval rate comfortably exceeded the 66.6% (2/3) threshold, the Judge ruled the assessment increase valid. Associations must meticulously check their CC&Rs to see if thresholds apply to "total membership" or "votes cast," as this distinction often saves a vote from failure due to low turnout.

4. The Notice Requirement: "Sent" vs. "Received"

In Complaint Three, the Petitioner sought to invalidate Bylaw amendments, claiming he received the meeting notice only nine days before the vote—one day short of the 10-day requirement in A.R.S. § 33-1804(B).

The Tribunal’s interpretation reinforces a vital legal standard: The law requires the HOA to "cause notice" (hand-deliver or mail) at least 10 days in advance; it does not require the HOA to guarantee the date of receipt by the member.

The HOA Secretary proved that notice packages were mailed on November 5 for the November 18 meeting (13 days prior). Furthermore, the Board utilized a "multi-channel" approach by emailing the notice on November 4. The Judge clarified that a member's failure to receive actual notice does not invalidate the meeting's actions, provided the HOA initiated the mailing within the statutory window.

5. The Limits of Membership: You are an Owner, Not an Officer

The most contentious conflict (Complaint Four) involved the Petitioner contacting the HOA’s insurance agent and the IRS to obtain the association’s Taxpayer Identification Number (TIN). The HOA filed a police report, citing fiduciary responsibility after the IRS suggested the inquiry could indicate potential identity theft.

The Judge used this as a teaching moment regarding the hierarchy of authority:

Privileges vs. Administrative Rights: A member’s privileges (voting, holding office, using common areas) do not grant "administrative rights."
The Enforcement Misconception: The Petitioner cited Article XIV, Section 1 of the CC&Rs, which gives owners the right to "enforce" restrictions. The Judge ruled this only allows an owner to petition the Board to take action—it does not authorize a homeowner to manage vendors, contact insurance agents, or engage with the IRS on the association’s behalf.

Analyst’s Note: The Judge noted the Petitioner was "propelled by certain motives" (personal disagreement with Board policy) rather than statutory violations. Neither party prevailed on this complaint because there was no "preponderance of evidence" of intentional misrepresentation, but the legal warning was clear: ownership does not equal agency.

6. Conclusion: Key Takeaways for HOA Members and Boards

The Final Order deemed the HOA the prevailing party on three out of four complaints. Under A.R.S. § 32-2199, the Petitioner bore the burden of proof—he had to prove his claims were "more probably true than not." His failure to do so highlights the importance of evidence over grievance.

Critical Takeaways for HOA Governance:

Clarity in Record Requests: Overly broad "any and all" requests are often deemed burdensome. Boards should provide access but can insist on specificity to manage limited volunteer resources.
Statutory Compliance over Perception: For meeting notices, the legal benchmark is the date the notice is sent. Associations should document mailing dates (and utilize email as a backup) to provide a "belt and suspenders" defense against notice claims.
Respect the Governance Hierarchy: While owners have a right to review records, they have no authority to manage the association’s administrative affairs. A board’s fiduciary duty includes protecting sensitive data like the TIN from unauthorized member inquiries.

In the end, this case demonstrates that even in a community of nine homes, a deep understanding of Arizona Revised Statutes (A.R.S.) and the specific language of the CC&Rs is the only way to navigate—and successfully resolve—the complexities of HOA governance.

Case Participants

Petitioner Side

Gregory L. Czekaj (petitioner)
Homeowner
Appeared on his own behalf; also Respondent in consolidated counter-claim
Gary Wolf (petitioner's attorney)
Contacted HOA attorney regarding records request

Respondent Side

Marybeth Andree (HOA President)
Colonia Del Rey HOA, Inc.
Represented the HOA; testified at hearing
Carolyn Goldschmidt (HOA attorney)
Responded to Petitioner's attorney regarding records
Sarah Hitch (proxy holder)
Colonia Del Rey HOA, Inc.
Member who cast a proxy vote for Ed Freeman
Phil Oliver (board member)
Colonia Del Rey HOA, Inc.
Provided email clarification regarding the vote; wrote letter regarding irregularities
Susan Sotelo (HOA secretary)
Colonia Del Rey HOA, Inc.
Mailed the ballots for the meeting

Neutral Parties

Kay Abramsohn (ALJ)
Office of Administrative Hearings
Administrative Law Judge presiding over the hearing
Mr. Tick (witness)
State Farm (implied)
HOA insurance agent; testified regarding Petitioner's request for policy
Ed Freeman (tenant)
Tenant living in Oregon; subject of proxy vote dispute
Judy Lowe (Commissioner)
Arizona Department of Real Estate
Recipient of the transmitted order

Monahan, John F. and Patricia E. -v- Sycamore Hills Homeowners Association, Inc.

Posted on May 21, 2008 by [email protected]

Case Summary

Case ID	08F-H088008-BFS
Agency	DFBLS
Tribunal	OAH
Decision Date	2008-05-22
Administrative Law Judge	Michael G. Wales
Outcome	The Petition was dismissed in its entirety. Claims regarding harassment, barking dogs, and committees were found to be moot, outside jurisdiction, or lacking standing. The Open Meeting Law claim was dismissed because the Board was entitled to meet in executive session to discuss threatened litigation.
Filing Fees Refunded	$500.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	John F. and Patricia E. Monahan	Counsel	—
Respondent	Sycamore Hills Homeowners Association, Inc.	Counsel	Carolyn Goldschmidt

Alleged Violations

Design Guidelines Section II.I, II.M, II.N, II.B.2
CC&Rs Article IX, Section 5; Article III, Section 8a
CC&Rs Article IX, Section 6, Section 26; Design Guidelines II.C
Bylaws Articles V and IX
A.R.S. § 33-1804

Outcome Summary

The Petition was dismissed in its entirety. Claims regarding harassment, barking dogs, and committees were found to be moot, outside jurisdiction, or lacking standing. The Open Meeting Law claim was dismissed because the Board was entitled to meet in executive session to discuss threatened litigation.

Why this result: Petitioners' claims were either moot (compliance achieved/events passed), outside the tribunal's jurisdiction (harassment), lacked standing (enforcement against others), or unfounded (executive session was legal).

Key Issues & Findings

Count 1: Harassment regarding pool pump and utility trailer

Petitioners alleged the HOA harassed them by requiring screening of pool equipment and moving a trailer while not enforcing these rules against others.

Orders: Dismissed as moot because Petitioners complied prior to filing, and dismissed for lack of jurisdiction regarding harassment/selective enforcement claims.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

Count 2: Barking Dogs

Petitioners alleged the HOA failed to enforce animal noise restrictions against a specific neighbor.

Orders: Dismissed as moot.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

Count 3: RV Parking

Petitioners alleged the HOA was not imposing sufficient fines or action against two lot owners keeping RVs on their lots.

Orders: Dismissed for lack of standing.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

Count 4: Nominating and Architectural Committees

Petitioners alleged the Board failed to appoint required committees prior to the annual meeting.

Orders: Dismissed as moot.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

Count 5: Open Meeting Law

Petitioners alleged the Board violated open meeting laws by discussing and voting on construction requests in a closed session.

Orders: Dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

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Decision Documents

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Administrative Law Judge Decision: Monahan v. Sycamore Hills Homeowners Association, Inc.

Executive Summary

This briefing document analyzes the administrative law decision in Case No. 08F-H088008-BFS, involving John and Patricia Monahan (Petitioners) and the Sycamore Hills Homeowners Association, Inc. (Respondent). The Petitioners alleged multiple violations of the Association’s governing documents and Arizona state statutes, specifically concerning harassment, nuisance control, parking enforcement, committee formation, and open meeting laws.

Administrative Law Judge (ALJ) Michael G. Wales dismissed the petition in its entirety. The ruling was primarily based on three factors:

1. Lack of Jurisdiction and Standing: The tribunal lacks authority to adjudicate claims of “harassment” or “selective enforcement” and cannot hear disputes between neighbors where the Association is not a primary party.

2. Mootness: Several issues were resolved or corrected prior to the hearing, leaving no active controversy for the court to remedy.

3. Legal Justification for Executive Sessions: The Association demonstrated that its closed-door meetings were legally permissible under Arizona law to discuss pending or contemplated litigation.

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Detailed Analysis of Claims and Evidence

Count 1: Harassment and Selective Enforcement

The Petitioners alleged that the Association targeted them regarding pool pump screening and a utility trailer while failing to enforce the same rules against other residents.

• Evidence and Testimony: The Petitioners received notices to screen pool equipment and move a utility trailer. They complied with these requests. However, Petitioner John Monahan testified that other homes continued to have exposed trash receptacles and mechanical equipment.

• Respondent Defense: Property manager Sandy Sandoval testified to conducting regular monthly inspections. Board President Paul Swan noted that some minor issues, like trash can placement, were left to the “honor system” as they were deemed trivial.

• Legal Conclusion: The ALJ dismissed this count on two grounds:

◦ Jurisdiction: The Office of Administrative Hearings (OAH) is limited to Title 33, Chapter 16 of the Arizona Revised Statutes. It does not have the authority to hear claims of harassment or selective enforcement; such matters belong in Superior Court.

◦ Mootness: Because the Petitioners complied with the Association’s requests before filing the complaint, no active dispute remained.

Count 2: Barking Dogs (Nuisance Control)

Petitioners alleged the Association failed to take appropriate action against the owner of Lot 37 regarding constant barking dogs, in violation of the CC&Rs.

• Evidence and Testimony: Patricia Monahan testified that the Board failed to investigate her complaints. Board President Paul Swan testified that he personally monitored the location on six occasions and did not hear barking. A warning letter was drafted but withheld because the meeting where it was authorized had not been properly noticed.

• Resolution: Mrs. Monahan attended a Pima County Animal Noise Control hearing where the owners of Lot 37 were fined. She testified the barking had since stopped.

• Legal Conclusion: The issue was dismissed as moot. The nuisance had ceased, and the Petitioners found an alternative forum (Pima County) for resolution.

Count 3: RV Parking Enforcement

Petitioners argued that the Association was not imposing sufficient fines ($50 per month) against two lot owners who kept Recreational Vehicles (RVs) on their properties.

• Evidence and Testimony: A 2007 resolution prohibited RV parking for more than 48 hours. The Board had begun fining two owners $50 monthly. John Monahan argued this amount was lower than local storage fees, rendering the fine ineffective.

• Legal Conclusion: The ALJ ruled that Petitioners lacked standing. Under A.R.S. §41-2198.01(B), the department does not have jurisdiction over disputes between owners to which the Association is not a party. A claim regarding “lax enforcement” against a third party is legally considered a dispute between owners, not a direct dispute with the Association that the OAH can adjudicate.

Count 4: Committee Formation

Petitioners claimed the Association violated its Bylaws by failing to appoint a Nominating Committee and an Architectural Control Committee (ACC).

• Evidence and Testimony:

◦ ACC: The Board temporarily acted as the ACC after previous members resigned due to “upheaval” and “difficult personalities” in the community. By the time of the hearing, a new ACC had been appointed.

◦ Nominating Committee: The property manager testified that she sought volunteers via mail and email, but no one volunteered due to the toxic environment created by certain residents.

• Legal Conclusion: The ACC claim was dismissed as moot because a committee was currently in place. The Nominating Committee claim was dismissed because the election had already occurred, and evidence showed the Association made a good-faith effort to form the committee despite a lack of volunteers.

Count 5: Violation of Open Meeting Law

Petitioners alleged the Board held a private meeting to override an ACC decision regarding detached garages on Lots 36 and 56.

• Legal Standard (A.R.S. §33-1804): Board meetings must be open to members, but they may be closed (executive session) for specific reasons, including legal advice from an attorney or matters regarding pending/contemplated litigation.

• Evidence and Testimony: Paul Swan testified that the Board met in executive session because they had received letters from an attorney threatening litigation if the garage requests were not approved. He further testified that the final decision to approve was made by the ACC, not the Board in executive session.

• Legal Conclusion: The ALJ found the executive session was legal under A.R.S. §33-1804 as it pertained to contemplated litigation. No violation of the Open Meeting Law occurred.

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Final Legal Findings and Orders

Jurisdictional Limitations

The decision emphasizes the narrow scope of the Office of Administrative Hearings. The tribunal is only authorized to ensure compliance with specific statutes and the planned community’s documents as they apply to the Petitioner. It cannot:

• Rule on the reasonableness of an Association’s decisions regarding other owners.

• Share concurrent jurisdiction with the Superior Court on matters of harassment or arbitrary enforcement.

Attorney’s Fees and Filing Costs

• Attorney’s Fees: Although the Association prevailed, the ALJ denied their request for attorney’s fees. Under Arizona law (Semple v. Tri-City Drywall, Inc.), an administrative proceeding is not considered an “action” that triggers fee-shifting statutes like A.R.S. §12-341.01.

• Filing Fees: As the Petitioners were not the prevailing party, they were not entitled to reimbursement for filing fees.

Final Order

The Administrative Law Judge ordered the dismissal of the petition in its entirety and denied the Respondent’s request for attorney’s fees. This order constitutes the final administrative decision.

Study Guide: Monahan v. Sycamore Hills Homeowners Association, Inc.

This study guide provides a comprehensive review of the administrative law case John F. and Patricia E. Monahan v. Sycamore Hills Homeowners Association, Inc. (No. 08F-H088008-BFS). It examines the legal disputes regarding planned community governance, jurisdictional boundaries of administrative hearings, and the application of Arizona Revised Statutes.

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Part I: Quiz

Instructions: Answer the following questions in 2–3 sentences based on the source context.

1. What were the specific allegations made by the Petitioners in Count 1 of their petition?

2. Why did the Administrative Law Judge (ALJ) conclude that the tribunal lacked the authority to hear claims of “selective enforcement”?

3. According to the Findings of Fact, how did the Association address the Petitioners’ violation regarding their utility trailer?

4. What was the Petitioners’ primary grievance in Count 3 regarding the Association’s handling of RV parking violations?

5. How did the Board of Directors justify its decision to temporarily act as the Architectural Control Committee (ACC)?

6. What was the outcome of the Pima County Animal Noise Control hearing mentioned in Count 2?

7. What evidence did the Association provide to explain why a nominating committee had not been formed prior to the 2007 annual meeting?

8. Under A.R.S. § 33-1804, what is the “Open Meeting Law” requirement for board deliberations?

9. Why did the ALJ determine that the October 30, 2007, executive session did not violate the Open Meeting Law?

10. On what legal basis did the ALJ deny the Respondent Association’s request for attorney’s fees?

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Part II: Answer Key

1. Count 1 Allegations: The Petitioners alleged harassment and selective enforcement, specifically that the Association required them to enclose their pool pump and move a utility trailer while failing to hold other lot owners to the same Design Guidelines. They argued the Association violated Section II.I, II.M/N, and II.B.2 of the Community’s governing documents.

2. Jurisdiction over Selective Enforcement: The ALJ ruled that the Office of Administrative Hearings is limited by A.R.S. § 41-2198 to adjudicating specific violations of Title 33 and community documents. Claims of selective enforcement or “disputes between owners” where the association is not a direct party are outside this jurisdiction and are reserved for the Superior Court.

3. Resolution of Utility Trailer Issue: The Petitioners received a written notice on August 3, 2007, to store their trailer in a garage or behind the home so it was not visible from the street. They complied with the request and faxed proof of compliance to the Association by August 12, 2007, which later rendered the claim moot.

4. RV Parking Fines: The Petitioners argued that the $50 monthly fine imposed on owners of lots 35 and 60 was insufficient to change behavior. They claimed the fine was lower than external RV storage fees, effectively allowing owners to ignore the Association’s 2007 resolution against long-term RV parking.

5. Board Acting as ACC: Board President Paul Swan testified that the Board was forced to step in as the ACC after all members except John Monahan resigned in September 2007. The ALJ found that no governing document prohibited the Board from temporarily fulfilling these duties until new members were appointed.

6. Animal Noise Control Outcome: Patricia Monahan attended a hearing on April 21, 2008, where Pima County Animal Noise Control fined the owners of Lot 37 and warned them of additional penalties for future violations. Following this hearing, she testified that the dogs had stopped barking.

7. Lack of Nominating Committee: The Property Manager testified that obtaining volunteers for committees was “difficult, if not impossible” due to “difficult personalities” creating upheaval within the community. The ALJ accepted that these challenges rendered the creation of a nominating committee implausible at that time.

8. Open Meeting Law Requirements: A.R.S. § 33-1804(A) mandates that all meetings of the association and board of directors must be open to all members or their designated representatives. Members must be allowed to attend and speak before the board takes formal action on an issue.

9. Legality of Executive Session: The ALJ found the closed session was legal because it was held to discuss “pending or contemplated litigation” after receiving threat letters from an attorney representing the owners of lots 36 and 56. Under A.R.S. § 33-1804(A)(1) and (2), legal advice and litigation strategy are valid reasons to close a meeting.

10. Denial of Attorney’s Fees: The ALJ cited Semple v. Tri-City Drywall, Inc., stating that an administrative proceeding is not considered an “action” under A.R.S. §§ 33-1807(H) or 12-341.01. Therefore, even though the Association prevailed, attorney’s fees could not be awarded in this forum.

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Part III: Essay Questions

1. The Limits of Administrative Jurisdiction: Analyze the distinction between the jurisdiction of the Office of Administrative Hearings and the Arizona Superior Court as outlined in the decision. Why is the distinction between a “dispute between owners” and a “dispute with the Association” critical for standing?

2. Mootness in Administrative Adjudication: Evaluate how the concept of “mootness” applied to the various counts in this case (specifically Counts 1, 2, and 4). How does voluntary compliance by either party affect the ALJ’s ability to provide a remedy?

3. Governance Challenges in Planned Communities: Using the testimony regarding the Nominating and Architectural Committees, discuss the practical difficulties an HOA faces when community conflict discourages volunteerism. How should the law balance strict adherence to bylaws with the reality of limited community participation?

4. Transparency vs. Confidentiality: Discuss the balance of the Open Meeting Law (A.R.S. § 33-1804). Under what circumstances does the need for a Board to seek legal counsel or discuss litigation outweigh the members’ right to observe deliberations?

5. The Preponderance of the Evidence: Explain the burden of proof required in this administrative hearing. How did the ALJ define “preponderance of the evidence,” and how did the Petitioners’ evidence fail to meet this standard in Count 5?

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Part IV: Glossary of Key Terms

• A.R.S. § 33-1804 (Open Meeting Law): An Arizona statute requiring that meetings of a homeowners association board be open to all members, with specific, narrow exceptions for closed “executive” sessions.

• A.R.S. § 41-2198: The statute granting the Office of Administrative Hearings the authority to adjudicate disputes regarding planned community documents and Title 33, Chapter 16 of the Arizona Revised Statutes.

• Architectural Control Committee (ACC): A committee appointed by the Association to oversee and approve or deny requests for exterior improvements or structures on lots within the community.

• CC&Rs (Covenants, Conditions, Restrictions, and Easements): The recorded legal documents that establish the rules and regulations for a planned community and are binding on all property owners.

• Executive Session: A portion of a board meeting that is closed to the general membership to discuss sensitive matters such as legal advice, litigation, or personal member information.

• Jurisdiction: The legal authority of a court or administrative tribunal to hear and decide a specific type of case or dispute.

• Moot: A legal status where a dispute is no longer active or relevant because the issues have been resolved or the circumstances have changed, leaving no remedy for the court to provide.

• Planned Community: A real estate development where individual lot owners are mandatory members of an association and are subject to specific governing documents and dues.

• Preponderance of the Evidence: The standard of proof in civil and administrative cases, meaning the evidence shows that a claim is “more probably true than not.”

• Standing: The legal right of a party to bring a claim, requiring that the party is directly affected by the issue and that the tribunal has the authority to hear that specific person’s grievance.