Joshua M Waldvogel v. Sycamore Estate Parcel 13 Community Association

Case Summary

Case ID 21F-H2121044-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-12-15
Administrative Law Judge Tammy L. Eigenheer
Outcome total_loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Joshua M. Waldvogel Counsel
Respondent Sycamore Estate Parcel 13 Community Association Counsel Nicole Payne

Alleged Violations

A.R.S. § 33-1817(B)(3); CC&Rs Article VI, Section 6.5

Outcome Summary

The Administrative Law Judge, upon rehearing, affirmed the denial of the petition, concluding that the Respondent HOA timely denied the Petitioner's architectural application. The timeline for a decision did not start until October 6, 2020, when the application was considered complete, making the November 19, 2020, denial valid.

Why this result: Petitioner lost because the interpretation of the CC&Rs stipulated that the 60-day timeline starts only upon receipt of a complete application, which the ALJ determined was October 6, 2020.

Key Issues & Findings

Whether the architectural application for a casita was deemed approved due to the HOA missing the 60-day denial deadline.

Petitioner claimed his architectural application, submitted September 15, 2020, was deemed approved because the Denial Notice (November 19, 2020) occurred after the 60-day deadline (November 14, 2020). The ALJ determined that the 60-day period did not begin until the Application was complete with supporting information (October 6, 2020), making the deadline December 5, 2020, and the denial timely.

Orders: Petitioner's petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. Title 32, Ch. 20, Art. 11
  • Arizona Administrative Code R2-19-119
  • Johnson v. The Pointe Community Association
  • Powell v. Washburn
  • A.R.S. § 33-1817(B)(3)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C.

Analytics Highlights

Topics: Architectural Review, Deemed Approval, HOA Timeline Compliance, CC&R Interpretation, Rehearing
Additional Citations:

  • A.R.S. Title 32, Ch. 20, Art. 11
  • Arizona Administrative Code R2-19-119
  • Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • A.R.S. § 33-1817(B)(3)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C.

Decision Documents

21F-H2121044-REL Decision – 900658.pdf

Uploaded 2025-12-17T18:19:43 (103.7 KB)

Case Participants

Petitioner Side

  • Joshua M. Waldvogel (petitioner)
    Appeared on his own behalf in both hearings

Respondent Side

  • Nicole Payne (HOA attorney)
    Carpenter Hazlewood Delgado & Bolen LLP
    Represented Sycamore Estate Parcel 13 Community Association
  • Carlotta L. Turman (HOA attorney)
    Carpenter Hazlewood Delgado & Bolen LLP

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge for both original and rehearing decisions
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Recipient of the original decision transmission
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
    Recipient of the rehearing decision transmission
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for decision transmission
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for decision transmission
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for decision transmission
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for rehearing decision transmission

Joshua M Waldvogel v. Sycamore Estate Parcel 13 Community Association

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 21F-H2121044-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-12-15
Administrative Law Judge Tammy L. Eigenheer
Outcome total_loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Joshua M. Waldvogel Counsel
Respondent Sycamore Estate Parcel 13 Community Association Counsel Nicole Payne

Alleged Violations

A.R.S. § 33-1817(B)(3); CC&Rs Article VI, Section 6.5

Outcome Summary

The Administrative Law Judge, upon rehearing, affirmed the denial of the petition, concluding that the Respondent HOA timely denied the Petitioner's architectural application. The timeline for a decision did not start until October 6, 2020, when the application was considered complete, making the November 19, 2020, denial valid.

Why this result: Petitioner lost because the interpretation of the CC&Rs stipulated that the 60-day timeline starts only upon receipt of a complete application, which the ALJ determined was October 6, 2020.

Key Issues & Findings

Whether the architectural application for a casita was deemed approved due to the HOA missing the 60-day denial deadline.

Petitioner claimed his architectural application, submitted September 15, 2020, was deemed approved because the Denial Notice (November 19, 2020) occurred after the 60-day deadline (November 14, 2020). The ALJ determined that the 60-day period did not begin until the Application was complete with supporting information (October 6, 2020), making the deadline December 5, 2020, and the denial timely.

Orders: Petitioner's petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. Title 32, Ch. 20, Art. 11
  • Arizona Administrative Code R2-19-119
  • Johnson v. The Pointe Community Association
  • Powell v. Washburn
  • A.R.S. § 33-1817(B)(3)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C.

Analytics Highlights

Topics: Architectural Review, Deemed Approval, HOA Timeline Compliance, CC&R Interpretation, Rehearing
Additional Citations:

  • A.R.S. Title 32, Ch. 20, Art. 11
  • Arizona Administrative Code R2-19-119
  • Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • A.R.S. § 33-1817(B)(3)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C.

Video Overview

Audio Overview

Decision Documents

21F-H2121044-REL-RHG Decision – 933158.pdf

Uploaded 2026-01-23T17:37:31 (106.1 KB)

21F-H2121044-REL-RHG Decision – ../21F-H2121044-REL/900658.pdf

Uploaded 2026-01-23T17:37:34 (103.7 KB)





Briefing Doc – 21F-H2121044-REL-RHG


Briefing on Waldvogel v. Sycamore Estate Parcel 13 Community Association

Executive Summary

This briefing synthesizes the findings and conclusions from two administrative law judge decisions concerning a dispute between homeowner Joshua M. Waldvogel (Petitioner) and the Sycamore Estate Parcel 13 Community Association (Respondent). The core of the conflict was the Petitioner’s application to build a second house, or “casita,” on his property, which was denied by the association’s Architectural Committee (ARC).

The central legal question was procedural: the timing of the association’s denial. The Petitioner argued that the 60-day review period stipulated in the community’s Covenants, Conditions, and Restrictions (CC&Rs) began when he submitted his initial application on September 15, 2020. By this calculation, the association’s November 19, 2020 denial was late, and his application should have been “deemed approved.”

The Respondent countered that the 60-day clock only began after the Petitioner provided a response to a request for additional information on October 6, 2020, making the application complete on that date. This would make the November 19 denial timely.

Administrative Law Judge Tammy L. Eigenheer presided over both an initial hearing and a subsequent rehearing. In both instances, the Judge ruled in favor of the Respondent, finding that the application was not complete until the requested information was provided. The denial was therefore timely and valid. The Petitioner failed to prove that the association violated its governing documents, and his petition was denied in both the initial decision and the final, binding decision on rehearing.

Case Background

Case Numbers: 21F-H2121044-REL & 21F-H2121044-REL-RHG

Presiding Judge: Administrative Law Judge Tammy L. Eigenheer

Petitioner: Joshua M. Waldvogel, owner of Lot 228 at 11208 North 164th Lane, Surprise, Arizona 85388.

Respondent: Sycamore Estate Parcel 13 Community Association (Sycamore Estates), a homeowners association in Surprise, Arizona.

Core Issue: Petitioner sought approval from the Sycamore Estates Architectural Committee (ARC) to build a casita on his property. The ARC denied the application. The dispute centers on whether the denial was issued within the 60-day timeframe mandated by the community’s CC&Rs.

Chronology of Key Events

September 15, 2020

Petitioner submits an architectural application to build a casita.

October 5, 2020

Sycamore Estates requests additional information, specifically the required permits for the construction.

October 6, 2020

Petitioner emails a response, stating his architect verified compliance with city “laws” but does not provide permits.

November 13, 2020

The ARC reviews the application and decides to deny it based on CC&Rs Article V, Section 5.2.

November 14, 2020

The date the Petitioner asserts the 60-day deadline for a decision expired.

November 19, 2020

Sycamore Estates issues the official Denial Notice to the Petitioner.

December 5, 2020

The date the Respondent asserts the 60-day deadline for a decision expired.

July 12, 2021

Initial administrative hearing is held.

August 2, 2021

Initial decision is issued, denying the Petitioner’s petition.

November 29, 2021

A rehearing is held at the Petitioner’s request.

December 15, 2021

Final decision on rehearing is issued, again denying the Petitioner’s petition.

Central Arguments of the Parties

Petitioner’s Position (Joshua M. Waldvogel)

• The 60-day timeline for the ARC to approve or deny the application began on the initial submission date of September 15, 2020.

• The deadline for the ARC’s decision was therefore November 14, 2020.

• The association’s request for additional information on October 5, 2020, did not “reset” or pause this timeline.

• Because the Denial Notice was not issued until November 19, 2020, five days after the deadline, the application should be considered “deemed approved” as per the CC&Rs.

• During the rehearing, the Petitioner also argued that Sycamore Estates could only require information listed on the standard submission form.

Respondent’s Position (Sycamore Estates)

• The application was not considered complete until the Petitioner responded to the request for additional information.

• The response, received on October 6, 2020, marked the start of the 60-day review period.

• The deadline for a decision was therefore December 5, 2020.

• The Denial Notice, issued on November 19, 2020, was well within this timeframe and was therefore valid.

Governing Documents and Legal Principles

The case revolved around the interpretation of the Sycamore Estates CC&Rs, which function as a binding contract between the homeowner and the association.

Key CC&R Provisions

Article VI, Section 6.5 (Application for Approval): This section contains the critical language that formed the basis of the Judge’s decision. It states that the 60-day review period begins:

Article V, Section 5.2 (Building Type and Size): This section provided the substantive basis for the ARC’s denial of the casita, as it specifies:

Legal Standard

Burden of Proof: The Petitioner, as the party asserting the claim, had the burden of proof.

Standard of Proof: The standard was a “preponderance of the evidence,” defined as evidence with “the most convincing force” that is “sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

Contract Interpretation: In Arizona, unambiguous restrictive covenants (like the CC&Rs) are enforced to give effect to the intent of the parties.

Rulings and Judicial Rationale

The Administrative Law Judge consistently sided with the Respondent’s interpretation of the CC&Rs in both the initial hearing and the rehearing.

Initial Hearing and Decision (August 2, 2021)

Finding: The Judge concluded that the application was not complete until the Petitioner provided his response on October 6, 2020.

Rationale: Based on the language in Article VI, Section 6.5, the 60-day clock does not start until the application and all supporting information have been submitted. The association’s request for permits was a reasonable part of gathering this supporting information.

Conclusion: The November 19, 2020 Denial Notice was issued prior to the December 5, 2020 deadline and was therefore valid. The Judge ordered that the “Petitioner’s petition is denied.”

Rehearing and Final Decision (December 15, 2021)

Basis for Rehearing: The Petitioner requested a rehearing, alleging the initial decision was an “abuse of discretion.” His written basis was:

Rehearing Arguments: During the rehearing, the Petitioner acknowledged that the Findings of Fact in the initial decision were not in error and presented the same legal arguments as before.

Final Ruling: The Judge’s conclusion remained unchanged. Upon consideration of all evidence from the rehearing, the Judge again found that the application was not complete until October 6, 2020, and the denial was timely.

Final Order: The Judge concluded that the “Petitioner failed to establish that Respondent failed to comply with its CC&Rs” and again ordered that the “Petitioner’s petition is denied.” This order was designated as binding on the parties, with any further appeal requiring judicial review in superior court.






Study Guide – 21F-H2121044-REL-RHG


Study Guide: Waldvogel v. Sycamore Estate Parcel 13 Community Association

This study guide provides a comprehensive review of the administrative case between homeowner Joshua M. Waldvogel and the Sycamore Estate Parcel 13 Community Association. The materials are derived from the Administrative Law Judge Decisions issued on August 2, 2021, and December 15, 2021.

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Part I: Short Answer Quiz

Instructions: Answer the following ten questions based on the provided case documents. Each answer should be two to three sentences in length.

1. Who were the petitioner and the respondent in this case, and what specific project was the petitioner seeking approval for?

2. What was the central procedural dispute regarding the timeline for the respondent’s decision on the application?

3. According to the community’s CC&Rs, what is the consequence if the Architectural Committee fails to approve or disapprove an application within the specified timeframe?

4. On what substantive grounds did the Sycamore Estates Architectural Committee ultimately base its decision to deny Mr. Waldvogel’s application?

5. What key date did the petitioner, Mr. Waldvogel, argue was the start of the 60-day review period, and what was his reasoning?

6. What key date did the respondent, Sycamore Estates, argue was the start of the 60-day review period, and what was its reasoning?

7. What was the Administrative Law Judge’s conclusion in the initial hearing decision issued on August 2, 2021?

8. On what basis did the petitioner request a rehearing after the initial decision was rendered against him?

9. During the rehearing, did the petitioner introduce new evidence or arguments, or did he challenge the established Findings of Fact?

10. What legal standard of proof was required in this administrative hearing, and which party held the burden of proof?

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Part II: Answer Key

1. The petitioner was Joshua M. Waldvogel, the record owner of Lot 228. The respondent was the Sycamore Estate Parcel 13 Community Association. Mr. Waldvogel was seeking approval for a plan to build a second house, or casita, on his property.

2. The central dispute was determining when the 60-day timeline for the Architectural Committee’s decision officially began. The petitioner argued it started upon the initial application submission, while the respondent contended it began only after a request for additional information was answered, thereby making the application “complete.”

3. Article VI, Section 6.5 of the CC&Rs states that if the committee fails to act within sixty days after a complete application and all supporting information have been submitted, “approval will not be required and this Section will be deemed to have been complied with by the Owner.”

4. The committee denied the application based on Article V, Section 5.2 of the CC&Rs. This section explicitly prohibits the construction of more than “one detached Single Family Residence” on any lot.

5. The petitioner argued the 60-day review period began on September 15, 2020, the date he submitted his initial architectural application. This would have set the deadline at November 14, 2020, making the November 19 Denial Notice late and rendering the application “deemed approved.”

6. The respondent argued the 60-day period began on October 6, 2020, the date the petitioner responded to their request for additional information (permits). Sycamore Estates maintained the application was not complete until that response was received, which would set the deadline at December 5, 2020.

7. The Administrative Law Judge concluded that the application was not complete until the petitioner provided a response to the October 5 request for information. Therefore, the Denial Notice issued on November 19, 2020, was timely and valid, and the petitioner’s petition was denied.

8. The petitioner requested a rehearing on the grounds that the initial decision was “arbitrary, capricious, or an abuse of discretion.” His written statement argued that the CC&Rs do not explicitly state that the review timeline restarts upon a request for more information.

9. No, the petitioner did not introduce new arguments. He presented the same arguments during the rehearing as he had in the initial hearing and acknowledged that the Findings of Fact from the first decision did not contain any errors, choosing only to argue their legal effect.

10. The standard of proof was a “preponderance of the evidence.” The petitioner, as the party asserting a claim, had the burden of proof to establish that the respondent violated the governing documents.

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Part III: Essay Questions

Instructions: The following questions are designed for deeper analysis of the case. Formulate comprehensive essay responses that synthesize facts and legal principles from the source documents.

1. Analyze the significance of Article VI, Section 6.5 of the CC&Rs, specifically the clause “together with all supporting information, plans and specifications required by the Design Guidelines have been submitted to it.” How did the interpretation of this specific language become the central legal issue of the case, and why was it determinative of the outcome?

2. Discuss the concept of “preponderance of the evidence” as defined in the legal decisions. Explain which party had the burden of proof and evaluate how the Administrative Law Judge applied this standard to the undisputed facts of the case to reach her conclusions in both the initial hearing and the rehearing.

3. The petitioner’s proposed casita was ultimately denied on the substantive grounds that it violated Article V, Section 5.2 of the CC&Rs. Why did the legal proceedings focus almost entirely on the procedural issue of the decision timeline rather than the substantive prohibition of a second residence on the lot?

4. Examine the petitioner’s basis for requesting a rehearing and the Commissioner’s decision to grant it. Despite the rehearing being granted, the Administrative Law Judge’s decision remained unchanged. Discuss the effectiveness of the petitioner’s arguments during the rehearing process as described in the legal documents.

5. The legal decisions state that CC&Rs are a contract between the parties and that unambiguous restrictive covenants must be enforced to give effect to the parties’ intent. Based on the details provided in this case, explain how the principles of contract law were applied to resolve the dispute between Mr. Waldvogel and the Sycamore Estates association.

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Part IV: Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues legally binding decisions. In this case, Tammy L. Eigenheer.

Application

The comprehensive and detailed written request submitted by a homeowner to the Architectural Committee for approval of construction, alteration, or other improvements that would alter the exterior appearance of the property.

Architectural Committee (ARC)

The committee within the Sycamore Estates Community Association responsible for reviewing and approving or denying modifications to lots to ensure compliance with the CC&Rs and Design Guidelines.

Burden of Proof

The obligation of a party in a legal case to provide evidence to prove their claims. In this matter, the petitioner had the burden of proof.

Casita

A small, secondary house or guesthouse. This was the type of structure Mr. Waldvogel sought to build on his property.

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

A legally binding document that governs a planned community or subdivision. The courts treat it as a contract between the homeowners’ association and the property owners.

Denial Notice

The official written communication from the homeowners’ association (Sycamore Estates) informing a homeowner (Mr. Waldvogel) that their architectural application has been formally denied.

Petitioner

The party who initiates a legal action by filing a petition seeking a legal remedy. In this case, homeowner Joshua M. Waldvogel.

Preponderance of the Evidence

The standard of proof in this matter, defined as “The greater weight of the evidence… sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

Property

The specific lot owned by the petitioner, identified as Lot 228 of Sycamore Estates, located at 11208 North 164th Lane, Surprise, Arizona 85388.

Respondent

The party against whom a petition is filed and who must respond to the claims. In this case, the Sycamore Estate Parcel 13 Community Association.

Restrictive Covenant

A provision within the CC&Rs that limits the use of property. Article V, Section 5.2, which prohibits more than one detached residence per lot, is an example of a restrictive covenant.






Blog Post – 21F-H2121044-REL-RHG


He Tried to Use a 60-Day Deadline to Beat His HOA. Here’s What the Judge Decided.

Introduction: The Waiting Game

You’ve done the research, hired the architect, and finally submitted your home improvement plans to the Homeowners Association (HOA). Now, the waiting game begins. The days tick by, and you start wondering: What happens if they miss their own deadline to respond? Can you just start building?

A recent administrative law case in Arizona provides a fascinating and cautionary answer to this very question. It serves as a stark reminder that your community’s governing documents—the Covenants, Conditions, and Restrictions (CC&Rs)—are a legally binding contract, and assumptions about deadlines can lead to a losing battle.

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The Core of the Dispute: A Casita and a Calendar

The case involved Joshua M. Waldvogel, a homeowner in the Sycamore Estates community in Surprise, Arizona. His goal was to build a second house, or “casita,” on his property.

The conflict centered on a simple timeline. Waldvogel submitted his application on September 15, 2020. He argued the HOA had 60 days to respond, making the deadline November 14. When the HOA sent its denial on November 19, Waldvogel claimed that because the denial was late, his project was automatically “deemed approved.” This dispute over a five-day difference escalated to an administrative law hearing. Here are the key takeaways from the judge’s decision that every homeowner should understand.

1. The 60-Day Clock Doesn’t Start Until Your Application is “Complete”

The homeowner believed the 60-day review clock started the moment he sent his initial application. The judge, however, disagreed based on the precise wording in the HOA’s CC&Rs—the binding contract governing the community.

The power was in the fine print. Article VI, Section 6.5 of the CC&Rs stated:

In the event that the Architectural Committee fails to approve or disapprove an Application for approval within sixty (60) days after the Application, together with all supporting information, plans and specifications required by the Design Guidelines have been submitted to it, approval will not be required…

This single clause was the linchpin of the entire case. On October 5, the HOA requested additional information—specifically, the appropriate permits for the proposed construction. The next day, the homeowner responded, but according to the case findings, he “did not provide any permits as requested.” Instead, he emailed to confirm that his architect had verified the plans complied with city “laws.”

The judge ruled that the 60-day clock never started on September 15 because the application wasn’t yet “complete.” The HOA’s simple request for more information was the pivotal event. It established that the official start date for the review period was October 6, the day the homeowner provided his response. This made the November 19 denial well within the required timeframe. The crucial lesson here is that an HOA’s request for information can determine the official start date of their review, regardless of when you first submitted paperwork.

2. The Underlying Rules Are Your Biggest Hurdle

The entire legal battle focused on the procedural timeline—when the HOA denied the project. But in a twist of irony, the substance of the project—what was being proposed—was a non-starter from the beginning.

Even if the homeowner had won his argument about the deadline, his project was in direct violation of another core rule. Article V, Section 5.2 of the CC&Rs clearly stated:

No building shall be constructed or permitted to remain on any lot other than one detached Single Family Residence…

The homeowner fought and lost a battle over how he was denied, when the rules clearly stated his casita project was never going to be approved in the first place. This highlights a critical point: winning a procedural argument is meaningless if your project fundamentally violates the community’s substantive rules.

3. You Can Appeal, But It’s an Uphill Battle

After losing the initial hearing, the homeowner filed for a rehearing, claiming the judge’s decision was an “abuse of discretion.” The appeal, however, only solidified the original outcome and underscored the difficulty of such challenges.

The legal record from the rehearing is particularly telling. The judge noted two critical facts: first, the petitioner “acknowledged that the Findings of Fact set forth in the underlying decision in this matter did not include any errors.” Second, he “presented the same arguments during the rehearing that he provided during the initial hearing.”

In essence, the homeowner appealed without disputing the established facts and by using the same legal argument that had already failed. Unsurprisingly, the judge’s decision remained the same, and the petition was denied again. This serves as a potent reminder that challenging an HOA’s interpretation of its own governing documents can be a difficult, expensive, and often fruitless endeavor.

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Conclusion: Read the Fine Print Before You Dream

This case serves as a powerful lesson for every homeowner living under an HOA. Your community’s CC&Rs are a binding contract, and the specific language within them holds immense power. Assumptions about procedures, deadlines, and what you’re allowed to build can be costly mistakes.

It all boils down to one final, critical question: When was the last time you read your community’s governing documents, and what crucial detail might be waiting in the fine print?


Case Participants

Petitioner Side

  • Joshua M. Waldvogel (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nicole Payne (HOA attorney)
    Carpenter Hazlewood Delgado & Bolen LLP
    Represented Respondent
  • Carlotta L. Turman (HOA attorney)
    Carpenter Hazlewood Delgado & Bolen LLP

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Addressed during initial decision transmission
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
    Addressed during rehearing decision transmission
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for case transmission
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for case transmission
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for case transmission
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Email recipient for case transmission

MICHAEL J. STOLTENBERG v. RANCHO DEL ORO HOMEOWNERS ASSOCIATION

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 20F-H2020059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-02-12
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs § 5.1; A.R.S. § 10-3842

Outcome Summary

The Petition was dismissed after rehearing because Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs. The ALJ found that Petitioner continually refused Respondent access to his locked back yard for landscaping maintenance, and the CC&Rs requiring landscaping do not mandate pool maintenance.

Why this result: Petitioner failed to establish a violation due to refusal of access to the back yard and misinterpretation of CC&R obligations regarding pool maintenance.

Key Issues & Findings

Failure to maintain landscaping and acting in bad faith

Petitioner alleged Respondent HOA violated CC&Rs by failing to maintain landscaping in 2020 and acting in bad faith, asserting that pool/hardscape maintenance was included in landscaping duties, and requesting the maximum fine. Respondent countered that they consistently maintained the front yard but were denied access to the locked backyard due to Petitioner's pool liability concerns.

Orders: Petitioner's Petition was dismissed/denied as Petitioner failed to establish a violation by a preponderance of the evidence. However, Respondent was ordered, going forward, to communicate the days and times they will be performing back yard landscaping so Petitioner can provide access.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: HOA Duties, Landscaping, Pool Maintenance, CC&Rs, Access Refusal, Rehearing
Additional Citations:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

20F-H2020059-REL-RHG Decision – 855028.pdf

Uploaded 2026-01-23T17:33:28 (139.1 KB)

20F-H2020059-REL-RHG Decision – ../20F-H2020059-REL/815480.pdf

Uploaded 2026-01-23T17:33:31 (124.1 KB)





Briefing Doc – 20F-H2020059-REL-RHG


Briefing on Stoltenberg v. Rancho Del Oro Homeowners Association

Executive Summary

This document synthesizes the findings and rulings from two administrative hearings concerning a dispute between homeowner Michael J. Stoltenberg (Petitioner) and the Rancho Del Oro Homeowners Association (Respondent). The Petitioner alleged the HOA violated its governing documents by failing to maintain landscaping at his property. The case was ultimately dismissed after an initial hearing and a subsequent rehearing.

The core of the dispute centered on two key issues: the scope of “landscaping” services required by the HOA’s Covenants, Conditions, and Restrictions (CC&Rs), and the Petitioner’s denial of access to his backyard. The Petitioner argued that the undefined term “landscaping” in the CC&Rs should be interpreted broadly to include maintenance of his private swimming pool, which he referred to as a “water feature.” Concurrently, he acknowledged keeping his backyard gate locked for liability reasons related to the pool, preventing the HOA’s contractor from performing any work.

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet his burden of proof. The judge concluded that the HOA had made repeated, documented attempts to perform its duties, but was actively prevented from doing so by the Petitioner. Critically, the judge ruled that a reasonable interpretation of “landscaping,” supported by dictionary definitions and the Arizona Registrar of Contractors’ distinct licensing classifications for landscaping and swimming pool services, does not include the maintenance of a private pool and its associated mechanical equipment.

I. Case Overview

Case Detail

Information

Case Number

20F-H2020059-REL and 20F-H2020059-REL-RHG (Rehearing)

Petitioner

Michael J. Stoltenberg (Homeowner at 11777 E. Calle Gaudi, Yuma, AZ)

Respondent

Rancho Del Oro Homeowners Association (HOA)

Office of Administrative Hearings, Arizona

Presiding Judge

Administrative Law Judge Sondra J. Vanella

Hearing Dates

August 3, 2020 (Initial Hearing) and February 2, 2021 (Rehearing)

Final Disposition

Petition Dismissed (February 12, 2021)

II. Petitioner’s Allegations and Arguments

The Petitioner filed a petition with the Arizona Department of Real Estate on or about April 21, 2020, alleging the HOA acted in “bad faith” and failed to perform its duties in 2020. The core of his case was built on the following claims:

Violation of CC&Rs: The Petitioner alleged a violation of § 5.1 of the HOA’s CC&Rs, which mandates that the “Association shall maintain… landscaping on individual Lots outside of structures.” He also alleged a violation of Arizona Revised Statutes (A.R.S.) § 10-3842, although this was not addressed at the hearing.

Broad Interpretation of “Landscaping”: The Petitioner contended that since the CC&Rs do not define “landscaping,” the term should encompass all features on his lot. He specifically asserted that the HOA was responsible for maintaining:

◦ His swimming pool (referred to as a “water feature”), including the pump, filter, and chemicals.

◦ His unique xeriscape with geometric patterns.

◦ Walking paths that required staining.

◦ Replenishing decorative rock when it wears thin.

◦ The patio and all hardscape.

Denial of Access: The Petitioner acknowledged that the gate to his backyard was “always locked for liability reasons” due to the pool. At the rehearing, he argued that the HOA failed to communicate the landscaping schedule, which would have afforded him an opportunity to unlock the gate.

Rehearing Claims: In his request for a rehearing, the Petitioner cited several grounds, including an abuse of discretion by the judge, errors in evidence, and issues related to the Americans with Disabilities Act (ADA), claiming hearing loss put him at a “severe disadvantage.” At the rehearing itself, he also asserted that the Respondent was “falsely representing themselves as an HOA” and did not have an elected Board.

III. Respondent’s Defense and Evidence

The HOA, represented by Nicole Payne, Esq., argued that it had fulfilled its obligations and that any failure to maintain the Petitioner’s backyard was due to his own actions.

Consistent Maintenance of Front Yard: The HOA established that its contractor, Mowtown Landscape, had continuously maintained the Petitioner’s front yard since their contract began in January 2020.

Denied Access to Backyard: The central defense was that the HOA’s contractor was repeatedly and deliberately denied access to the backyard. This was supported by substantial evidence:

Testimony of Rian Baas (Mowtown Landscape): Mr. Baas testified that his crews were at the community every Wednesday and Thursday. He stated they knocked on the Petitioner’s door and left notes or business cards four or five times between January and March 2020.

Testimony of Diana Crites (Property Manager): Ms. Crites presented a text message from Mr. Baas dated March 24, 2020, which read:

Documentary Evidence: A photograph of the locked gate was submitted, along with a letter from Mr. Baas stating, “There is a lock on the gate going to the back yard and we were trying to see if they [sic] people inside the house wanted us to maintenance the back yard. No one ever answered or came to the door.”

Scope of HOA Services: Ms. Crites testified that the HOA provides uniform services (front yard maintenance, mowing and blowing of back yards, sprinkler system maintenance) and does not offer “concierge” services like maintaining potted plants or private pools. The community pool, she noted, is maintained by a different company entirely (Crystal Clear Pool Maintenance).

IV. Judicial Findings and Legal Rulings

Administrative Law Judge Sondra J. Vanella found in favor of the Respondent in both the initial decision and the rehearing, ultimately dismissing the petition.

Initial Decision (August 17, 2020)

The initial petition was denied because the Petitioner failed to meet the burden of proof. The judge’s reasoning was:

1. Denial of Access: The Petitioner’s own admission, coupled with “credible, probative, and substantial evidence,” established that he had refused to allow the HOA access to his backyard since January 2020.

2. HOA Attempts: The evidence demonstrated that the HOA had attempted to access the yard on multiple occasions and was “specifically instructed in March 2020, that Respondent was not permitted to access Petitioner’s back yard.”

3. Scope of CC&Rs: The judge concluded that while § 5.1(a) of the CC&Rs requires the HOA to maintain yards, “nothing therein requires Respondent to maintain an individual member’s pool.”

Rehearing Decision (February 12, 2021)

After the Commissioner of the Department of Real Estate granted a rehearing, Judge Vanella again dismissed the petition, providing a more detailed legal analysis of the term “landscaping.”

1. Burden of Proof: The judge reiterated that the Petitioner bore the burden to establish that the HOA was legally obligated to maintain his pool, but “failed to establish by a preponderance of the evidence that Respondent must do so.”

2. Definition of “Landscaping”: The judge found that the definitions of “landscaping” from various sources, including dictionaries, “cannot reasonably be read to include a swimming pool and the associated mechanical equipment.”

3. State Licensing as Key Differentiator: The most definitive part of the ruling relied on the Arizona Registrar of Contractors’ licensing classifications, which treat landscaping and pool maintenance as two separate and distinct services.

License Classification

Description & Relevance

R-21 Hardscaping and Irrigation Systems (Formerly Landscaping and Irrigation Systems)

Allows for installation and repair of non-loadbearing concrete, patios, decorative walls, irrigation systems, and water features not attached to swimming pools. The classification specifically precludes the licensee from contracting for work on “swimming pools, pool deck coatings.”

R-6 Swimming Pool Service and Repair

A separate license required “to service and perform minor repair of residential pools and accessories.”

The judge concluded: “The Registrar’s licensing scheme supports a conclusion that landscaping maintenance and pool maintenance are two separate and distinct services… the CC&Rs cannot reasonably be interpreted to include pool maintenance when it required Respondent to maintain landscaping.”

Judicial Recommendation

While ruling against the Petitioner, the judge offered a forward-looking, non-binding recommendation:

“…given that Petitioner is required to keep his gate secured due to having a pool, it is reasonable, going forward, for Respondent to communicate the days and times that it will be performing the landscaping of Petitioner’s back yard so that Petitioner can provide access for that service while maintaining safety precautions.”






Study Guide – 20F-H2020059-REL-RHG


Study Guide: Case No. 20F-H2020059-REL

Quiz: Short-Answer Questions

Instructions: Please answer the following questions in 2-3 complete sentences, using only information provided in the case documents.

1. Identify the Petitioner and Respondent in this case and describe the core issue of their dispute.

2. What specific provision of the governing documents did the Petitioner, Michael J. Stoltenberg, claim the Respondent violated?

3. According to the Petitioner’s testimony, what unique features did his property’s landscaping include, and what services did he believe the HOA was responsible for?

4. What was the primary reason the Respondent’s landscaping contractor, Mowtown Landscape, was unable to perform maintenance in the Petitioner’s backyard?

5. What was the testimony of Diana Crites, the property manager, regarding the scope of standard landscaping services provided by the HOA?

6. On what grounds did the Administrative Law Judge deny the Petitioner’s initial petition in the decision dated August 17, 2020?

7. For what primary reasons did the Commissioner of the Department of Real Estate grant the Petitioner a rehearing?

8. In the rehearing, what external sources did the Administrative Law Judge consult to determine the definition of “landscaping”?

9. What is the legal standard of proof required in this case, and who bears the responsibility for meeting it?

10. What was the final order issued after the rehearing on February 12, 2021, and what reasonable suggestion did the judge offer for future interactions?

——————————————————————————–

Answer Key

1. The Petitioner was homeowner Michael J. Stoltenberg. The Respondent was the Rancho Del Oro Homeowners Association (HOA). The core dispute concerned the HOA’s alleged failure to maintain the landscaping on the Petitioner’s property as required by the community’s CC&Rs, specifically whether this obligation included maintaining the Petitioner’s private pool.

2. The Petitioner claimed the Respondent violated Section 5.1 of the Covenants, Conditions, and Restrictions (CC&Rs). This section outlines the Association’s duties, including the maintenance of landscaping on individual lots outside of structures. The Petitioner also initially alleged a violation of Arizona Revised Statutes (A.R.S.) § 10-3842.

3. The Petitioner testified that his landscaping was unique, including xeriscape with geometric patterns, “water features” (a pool), and walking paths that needed staining. He contended that the HOA should be responsible for maintaining these features, including replenishing the rock in his front yard when it wore thin.

4. The landscaping contractor was unable to perform maintenance because the gate to the backyard was always locked. The Petitioner acknowledged he kept it locked for liability reasons due to the pool, and evidence showed that in March 2020, a woman at the residence explicitly told the landscapers she did not want anyone in the backyard.

5. Diana Crites testified that the HOA provides uniform services, not “concierge” services. This includes front yard maintenance and mowing and blowing of backyards, but not maintaining potted plants, driveways, property-dividing walls, or individual homeowners’ pools.

6. The judge denied the petition because the evidence, including the Petitioner’s own admission, established that he had refused to allow the Respondent access to his backyard since January 2020. The decision noted the Respondent had made multiple attempts to access the yard and had consistently maintained the front yard.

7. The rehearing was granted for reasons outlined in the Petitioner’s rehearing request. These included claims of irregularity in the proceedings, newly discovered evidence, errors in the admission of evidence, and that the original decision was not supported by evidence or was contrary to law. The Petitioner also cited ADA and privacy issues.

8. The Administrative Law Judge consulted various online dictionary definitions (Oxford English Dictionary, Dictionary.com, Merriam-Webster, Law Insider). She also analyzed the license classifications from the Arizona Registrar of Contractors, specifically the R-21 Hardscaping and Irrigation Systems license and the R-6 Swimming Pool Service and Repair license.

9. The legal standard is “preponderance of the evidence,” which means the proof must convince the trier of fact that a contention is more probably true than not. The Petitioner bears the burden of proof to establish that the Respondent violated the governing documents.

10. The final order dismissed the Petitioner’s petition again, finding he failed to prove the HOA was obligated to maintain his pool. However, the judge suggested that it would be reasonable for the Respondent to communicate the days and times of its landscaping services going forward so the Petitioner could provide access while maintaining safety precautions.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to test a deeper, more comprehensive understanding of the case. Formulate a detailed essay response for each prompt.

1. Analyze the concept of “burden of proof” as it applies to this case. Explain who held the burden, what they were required to prove, and why the Administrative Law Judge ultimately found that they failed to meet this burden in both the initial hearing and the rehearing.

2. Discuss the role of access in the dispute between Michael J. Stoltenberg and the Rancho Del Oro HOA. How did the issue of the locked gate impact the initial ruling, and how did the Petitioner attempt to reframe this issue in the rehearing?

3. The interpretation of the word “landscaping” was central to the rehearing. Detail the Petitioner’s interpretation versus the conclusion reached by the Administrative Law Judge. What evidence and legal reasoning did the Judge use to support her conclusion that pool maintenance is not included in landscaping?

4. Trace the procedural history of this case, from the initial petition filing on April 21, 2020, to the final order after the rehearing. Identify the key events, the specific reasons cited for the rehearing, and the legal basis for the final dismissal.

5. Based on the testimony of Diana Crites and Rian Baas, describe the standard landscaping services provided by the Rancho Del Oro HOA and its contractor. How does this standard practice contrast with the specific and unique services the Petitioner demanded for his property?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions and orders. In this case, Sondra J. Vanella served as the ALJ.

A.R.S.

Abbreviation for Arizona Revised Statutes, which are the codified laws of the state of Arizona.

Burden of Proof

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

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

Department

Refers to the Arizona Department of Real Estate (ADRE), the state agency with jurisdiction over HOA dispute resolution petitions.

Homeowners’ Association. An organization in a subdivision, planned community, or condominium that makes and enforces rules for the properties and its residents. The Respondent was the Rancho Del Oro HOA.

Petitioner

The party who files a petition initiating a legal action. In this case, homeowner Michael J. Stoltenberg.

Petition

A formal written request filed with a court or administrative body to initiate a legal proceeding. Mr. Stoltenberg filed a petition alleging the HOA violated its CC&Rs.

Preponderance of the Evidence

The standard of proof in most civil and administrative cases. It requires the party with the burden of proof to convince the fact-finder that their claim is more likely to be true than not true.

Registrar of Contractors

The Arizona state agency responsible for licensing and regulating contractors. The ALJ referenced its license classifications for landscaping (R-21) and swimming pools (R-6) to help define the scope of services.

Respondent

The party against whom a petition is filed. In this case, the Rancho Del Oro Homeowners Association.






Blog Post – 20F-H2020059-REL-RHG


Briefing on Stoltenberg v. Rancho Del Oro Homeowners Association

Executive Summary

This document synthesizes the findings and rulings from two administrative hearings concerning a dispute between homeowner Michael J. Stoltenberg (Petitioner) and the Rancho Del Oro Homeowners Association (Respondent). The Petitioner alleged the HOA violated its governing documents by failing to maintain landscaping at his property. The case was ultimately dismissed after an initial hearing and a subsequent rehearing.

The core of the dispute centered on two key issues: the scope of “landscaping” services required by the HOA’s Covenants, Conditions, and Restrictions (CC&Rs), and the Petitioner’s denial of access to his backyard. The Petitioner argued that the undefined term “landscaping” in the CC&Rs should be interpreted broadly to include maintenance of his private swimming pool, which he referred to as a “water feature.” Concurrently, he acknowledged keeping his backyard gate locked for liability reasons related to the pool, preventing the HOA’s contractor from performing any work.

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet his burden of proof. The judge concluded that the HOA had made repeated, documented attempts to perform its duties, but was actively prevented from doing so by the Petitioner. Critically, the judge ruled that a reasonable interpretation of “landscaping,” supported by dictionary definitions and the Arizona Registrar of Contractors’ distinct licensing classifications for landscaping and swimming pool services, does not include the maintenance of a private pool and its associated mechanical equipment.

I. Case Overview

Case Detail

Information

Case Number

20F-H2020059-REL and 20F-H2020059-REL-RHG (Rehearing)

Petitioner

Michael J. Stoltenberg (Homeowner at 11777 E. Calle Gaudi, Yuma, AZ)

Respondent

Rancho Del Oro Homeowners Association (HOA)

Office of Administrative Hearings, Arizona

Presiding Judge

Administrative Law Judge Sondra J. Vanella

Hearing Dates

August 3, 2020 (Initial Hearing) and February 2, 2021 (Rehearing)

Final Disposition

Petition Dismissed (February 12, 2021)

II. Petitioner’s Allegations and Arguments

The Petitioner filed a petition with the Arizona Department of Real Estate on or about April 21, 2020, alleging the HOA acted in “bad faith” and failed to perform its duties in 2020. The core of his case was built on the following claims:

Violation of CC&Rs: The Petitioner alleged a violation of § 5.1 of the HOA’s CC&Rs, which mandates that the “Association shall maintain… landscaping on individual Lots outside of structures.” He also alleged a violation of Arizona Revised Statutes (A.R.S.) § 10-3842, although this was not addressed at the hearing.

Broad Interpretation of “Landscaping”: The Petitioner contended that since the CC&Rs do not define “landscaping,” the term should encompass all features on his lot. He specifically asserted that the HOA was responsible for maintaining:

◦ His swimming pool (referred to as a “water feature”), including the pump, filter, and chemicals.

◦ His unique xeriscape with geometric patterns.

◦ Walking paths that required staining.

◦ Replenishing decorative rock when it wears thin.

◦ The patio and all hardscape.

Denial of Access: The Petitioner acknowledged that the gate to his backyard was “always locked for liability reasons” due to the pool. At the rehearing, he argued that the HOA failed to communicate the landscaping schedule, which would have afforded him an opportunity to unlock the gate.

Rehearing Claims: In his request for a rehearing, the Petitioner cited several grounds, including an abuse of discretion by the judge, errors in evidence, and issues related to the Americans with Disabilities Act (ADA), claiming hearing loss put him at a “severe disadvantage.” At the rehearing itself, he also asserted that the Respondent was “falsely representing themselves as an HOA” and did not have an elected Board.

III. Respondent’s Defense and Evidence

The HOA, represented by Nicole Payne, Esq., argued that it had fulfilled its obligations and that any failure to maintain the Petitioner’s backyard was due to his own actions.

Consistent Maintenance of Front Yard: The HOA established that its contractor, Mowtown Landscape, had continuously maintained the Petitioner’s front yard since their contract began in January 2020.

Denied Access to Backyard: The central defense was that the HOA’s contractor was repeatedly and deliberately denied access to the backyard. This was supported by substantial evidence:

Testimony of Rian Baas (Mowtown Landscape): Mr. Baas testified that his crews were at the community every Wednesday and Thursday. He stated they knocked on the Petitioner’s door and left notes or business cards four or five times between January and March 2020.

Testimony of Diana Crites (Property Manager): Ms. Crites presented a text message from Mr. Baas dated March 24, 2020, which read:

Documentary Evidence: A photograph of the locked gate was submitted, along with a letter from Mr. Baas stating, “There is a lock on the gate going to the back yard and we were trying to see if they [sic] people inside the house wanted us to maintenance the back yard. No one ever answered or came to the door.”

Scope of HOA Services: Ms. Crites testified that the HOA provides uniform services (front yard maintenance, mowing and blowing of back yards, sprinkler system maintenance) and does not offer “concierge” services like maintaining potted plants or private pools. The community pool, she noted, is maintained by a different company entirely (Crystal Clear Pool Maintenance).

IV. Judicial Findings and Legal Rulings

Administrative Law Judge Sondra J. Vanella found in favor of the Respondent in both the initial decision and the rehearing, ultimately dismissing the petition.

Initial Decision (August 17, 2020)

The initial petition was denied because the Petitioner failed to meet the burden of proof. The judge’s reasoning was:

1. Denial of Access: The Petitioner’s own admission, coupled with “credible, probative, and substantial evidence,” established that he had refused to allow the HOA access to his backyard since January 2020.

2. HOA Attempts: The evidence demonstrated that the HOA had attempted to access the yard on multiple occasions and was “specifically instructed in March 2020, that Respondent was not permitted to access Petitioner’s back yard.”

3. Scope of CC&Rs: The judge concluded that while § 5.1(a) of the CC&Rs requires the HOA to maintain yards, “nothing therein requires Respondent to maintain an individual member’s pool.”

Rehearing Decision (February 12, 2021)

After the Commissioner of the Department of Real Estate granted a rehearing, Judge Vanella again dismissed the petition, providing a more detailed legal analysis of the term “landscaping.”

1. Burden of Proof: The judge reiterated that the Petitioner bore the burden to establish that the HOA was legally obligated to maintain his pool, but “failed to establish by a preponderance of the evidence that Respondent must do so.”

2. Definition of “Landscaping”: The judge found that the definitions of “landscaping” from various sources, including dictionaries, “cannot reasonably be read to include a swimming pool and the associated mechanical equipment.”

3. State Licensing as Key Differentiator: The most definitive part of the ruling relied on the Arizona Registrar of Contractors’ licensing classifications, which treat landscaping and pool maintenance as two separate and distinct services.

License Classification

Description & Relevance

R-21 Hardscaping and Irrigation Systems (Formerly Landscaping and Irrigation Systems)

Allows for installation and repair of non-loadbearing concrete, patios, decorative walls, irrigation systems, and water features not attached to swimming pools. The classification specifically precludes the licensee from contracting for work on “swimming pools, pool deck coatings.”

R-6 Swimming Pool Service and Repair

A separate license required “to service and perform minor repair of residential pools and accessories.”

The judge concluded: “The Registrar’s licensing scheme supports a conclusion that landscaping maintenance and pool maintenance are two separate and distinct services… the CC&Rs cannot reasonably be interpreted to include pool maintenance when it required Respondent to maintain landscaping.”

Judicial Recommendation

While ruling against the Petitioner, the judge offered a forward-looking, non-binding recommendation:

“…given that Petitioner is required to keep his gate secured due to having a pool, it is reasonable, going forward, for Respondent to communicate the days and times that it will be performing the landscaping of Petitioner’s back yard so that Petitioner can provide access for that service while maintaining safety precautions.”


Case Participants

Petitioner Side

  • Michael J. Stoltenberg (petitioner)

Respondent Side

  • Nicole Payne (HOA attorney)
  • Diana Crites (property manager/witness)
    Crites and Associates
    Owner of Respondent's property management company; licensed broker
  • Rian Baas (witness/contractor owner)
    Mowtown Landscape
    Owner of landscaping company contracted by Respondent
  • Lydia A. Peirce Linsmeier (HOA attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
  • Luis (landscaping staff)
    Staff member mentioned in text regarding access attempts
  • Jill (staff/employee)
    Staff member mentioned printing paper for Luis regarding access attempts

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate

MICHAEL J. STOLTENBERG v. RANCHO DEL ORO HOMEOWNERS ASSOCIATION

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 20F-H2020059-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-02-12
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs § 5.1; A.R.S. § 10-3842

Outcome Summary

The Administrative Law Judge dismissed the petition because the Petitioner failed to meet the burden of proof to show that the HOA violated the governing documents, primarily because the Petitioner refused access to his back yard, and the CC&Rs were not interpreted to include maintenance of an individual homeowner’s swimming pool.

Why this result: Petitioner refused to allow the HOA access to his back yard to perform landscape services, and failed to establish that pool maintenance was included in the HOA’s landscaping responsibility under the CC&Rs.

Key Issues & Findings

Failure to maintain landscaping and acting in bad faith

Petitioner alleged the HOA violated CC&Rs § 5.1 and A.R.S. § 10-3842 by failing to maintain landscaping in 2020. The dispute centered on whether landscaping duties included Petitioner's private pool/hardscape and Petitioner's refusal to grant access to his locked backyard for maintenance services.

Orders: Petition dismissed. Respondent was required to communicate the days and times for performing back yard landscaping so Petitioner could provide access while maintaining safety precautions.

Filing fee: $0.00

Disposition: respondent_win

Cited:

  • CC&Rs § 5.1
  • A.R.S. § 10-3842

Analytics Highlights

Topics: Landscaping, Pool Maintenance, Access Denial, CC&R Enforcement, A.R.S. § 10-3842
Additional Citations:

  • 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)
  • CC&Rs § 5.1
  • A.R.S. § 10-3842

Video Overview

Audio Overview

Decision Documents

20F-H2020059-REL-RHG Decision – 855028.pdf

Uploaded 2025-10-09T03:35:25 (139.1 KB)

20F-H2020059-REL-RHG Decision – ../20F-H2020059-REL/815480.pdf

Uploaded 2026-01-20T13:57:27 (124.1 KB)





Briefing Doc – 20F-H2020059-REL-RHG


Briefing on Stoltenberg v. Rancho Del Oro Homeowners Association

Executive Summary

This document synthesizes the findings and rulings from two administrative hearings concerning a dispute between homeowner Michael J. Stoltenberg (Petitioner) and the Rancho Del Oro Homeowners Association (Respondent). The Petitioner alleged the HOA violated its governing documents by failing to maintain landscaping at his property. The case was ultimately dismissed after an initial hearing and a subsequent rehearing.

The core of the dispute centered on two key issues: the scope of “landscaping” services required by the HOA’s Covenants, Conditions, and Restrictions (CC&Rs), and the Petitioner’s denial of access to his backyard. The Petitioner argued that the undefined term “landscaping” in the CC&Rs should be interpreted broadly to include maintenance of his private swimming pool, which he referred to as a “water feature.” Concurrently, he acknowledged keeping his backyard gate locked for liability reasons related to the pool, preventing the HOA’s contractor from performing any work.

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet his burden of proof. The judge concluded that the HOA had made repeated, documented attempts to perform its duties, but was actively prevented from doing so by the Petitioner. Critically, the judge ruled that a reasonable interpretation of “landscaping,” supported by dictionary definitions and the Arizona Registrar of Contractors’ distinct licensing classifications for landscaping and swimming pool services, does not include the maintenance of a private pool and its associated mechanical equipment.

I. Case Overview

Case Detail

Information

Case Number

20F-H2020059-REL and 20F-H2020059-REL-RHG (Rehearing)

Petitioner

Michael J. Stoltenberg (Homeowner at 11777 E. Calle Gaudi, Yuma, AZ)

Respondent

Rancho Del Oro Homeowners Association (HOA)

Office of Administrative Hearings, Arizona

Presiding Judge

Administrative Law Judge Sondra J. Vanella

Hearing Dates

August 3, 2020 (Initial Hearing) and February 2, 2021 (Rehearing)

Final Disposition

Petition Dismissed (February 12, 2021)

II. Petitioner’s Allegations and Arguments

The Petitioner filed a petition with the Arizona Department of Real Estate on or about April 21, 2020, alleging the HOA acted in “bad faith” and failed to perform its duties in 2020. The core of his case was built on the following claims:

Violation of CC&Rs: The Petitioner alleged a violation of § 5.1 of the HOA’s CC&Rs, which mandates that the “Association shall maintain… landscaping on individual Lots outside of structures.” He also alleged a violation of Arizona Revised Statutes (A.R.S.) § 10-3842, although this was not addressed at the hearing.

Broad Interpretation of “Landscaping”: The Petitioner contended that since the CC&Rs do not define “landscaping,” the term should encompass all features on his lot. He specifically asserted that the HOA was responsible for maintaining:

◦ His swimming pool (referred to as a “water feature”), including the pump, filter, and chemicals.

◦ His unique xeriscape with geometric patterns.

◦ Walking paths that required staining.

◦ Replenishing decorative rock when it wears thin.

◦ The patio and all hardscape.

Denial of Access: The Petitioner acknowledged that the gate to his backyard was “always locked for liability reasons” due to the pool. At the rehearing, he argued that the HOA failed to communicate the landscaping schedule, which would have afforded him an opportunity to unlock the gate.

Rehearing Claims: In his request for a rehearing, the Petitioner cited several grounds, including an abuse of discretion by the judge, errors in evidence, and issues related to the Americans with Disabilities Act (ADA), claiming hearing loss put him at a “severe disadvantage.” At the rehearing itself, he also asserted that the Respondent was “falsely representing themselves as an HOA” and did not have an elected Board.

III. Respondent’s Defense and Evidence

The HOA, represented by Nicole Payne, Esq., argued that it had fulfilled its obligations and that any failure to maintain the Petitioner’s backyard was due to his own actions.

Consistent Maintenance of Front Yard: The HOA established that its contractor, Mowtown Landscape, had continuously maintained the Petitioner’s front yard since their contract began in January 2020.

Denied Access to Backyard: The central defense was that the HOA’s contractor was repeatedly and deliberately denied access to the backyard. This was supported by substantial evidence:

Testimony of Rian Baas (Mowtown Landscape): Mr. Baas testified that his crews were at the community every Wednesday and Thursday. He stated they knocked on the Petitioner’s door and left notes or business cards four or five times between January and March 2020.

Testimony of Diana Crites (Property Manager): Ms. Crites presented a text message from Mr. Baas dated March 24, 2020, which read:

Documentary Evidence: A photograph of the locked gate was submitted, along with a letter from Mr. Baas stating, “There is a lock on the gate going to the back yard and we were trying to see if they [sic] people inside the house wanted us to maintenance the back yard. No one ever answered or came to the door.”

Scope of HOA Services: Ms. Crites testified that the HOA provides uniform services (front yard maintenance, mowing and blowing of back yards, sprinkler system maintenance) and does not offer “concierge” services like maintaining potted plants or private pools. The community pool, she noted, is maintained by a different company entirely (Crystal Clear Pool Maintenance).

IV. Judicial Findings and Legal Rulings

Administrative Law Judge Sondra J. Vanella found in favor of the Respondent in both the initial decision and the rehearing, ultimately dismissing the petition.

Initial Decision (August 17, 2020)

The initial petition was denied because the Petitioner failed to meet the burden of proof. The judge’s reasoning was:

1. Denial of Access: The Petitioner’s own admission, coupled with “credible, probative, and substantial evidence,” established that he had refused to allow the HOA access to his backyard since January 2020.

2. HOA Attempts: The evidence demonstrated that the HOA had attempted to access the yard on multiple occasions and was “specifically instructed in March 2020, that Respondent was not permitted to access Petitioner’s back yard.”

3. Scope of CC&Rs: The judge concluded that while § 5.1(a) of the CC&Rs requires the HOA to maintain yards, “nothing therein requires Respondent to maintain an individual member’s pool.”

Rehearing Decision (February 12, 2021)

After the Commissioner of the Department of Real Estate granted a rehearing, Judge Vanella again dismissed the petition, providing a more detailed legal analysis of the term “landscaping.”

1. Burden of Proof: The judge reiterated that the Petitioner bore the burden to establish that the HOA was legally obligated to maintain his pool, but “failed to establish by a preponderance of the evidence that Respondent must do so.”

2. Definition of “Landscaping”: The judge found that the definitions of “landscaping” from various sources, including dictionaries, “cannot reasonably be read to include a swimming pool and the associated mechanical equipment.”

3. State Licensing as Key Differentiator: The most definitive part of the ruling relied on the Arizona Registrar of Contractors’ licensing classifications, which treat landscaping and pool maintenance as two separate and distinct services.

License Classification

Description & Relevance

R-21 Hardscaping and Irrigation Systems (Formerly Landscaping and Irrigation Systems)

Allows for installation and repair of non-loadbearing concrete, patios, decorative walls, irrigation systems, and water features not attached to swimming pools. The classification specifically precludes the licensee from contracting for work on “swimming pools, pool deck coatings.”

R-6 Swimming Pool Service and Repair

A separate license required “to service and perform minor repair of residential pools and accessories.”

The judge concluded: “The Registrar’s licensing scheme supports a conclusion that landscaping maintenance and pool maintenance are two separate and distinct services… the CC&Rs cannot reasonably be interpreted to include pool maintenance when it required Respondent to maintain landscaping.”

Judicial Recommendation

While ruling against the Petitioner, the judge offered a forward-looking, non-binding recommendation:

“…given that Petitioner is required to keep his gate secured due to having a pool, it is reasonable, going forward, for Respondent to communicate the days and times that it will be performing the landscaping of Petitioner’s back yard so that Petitioner can provide access for that service while maintaining safety precautions.”






Study Guide – 20F-H2020059-REL-RHG


Study Guide: Case No. 20F-H2020059-REL

Quiz: Short-Answer Questions

Instructions: Please answer the following questions in 2-3 complete sentences, using only information provided in the case documents.

1. Identify the Petitioner and Respondent in this case and describe the core issue of their dispute.

2. What specific provision of the governing documents did the Petitioner, Michael J. Stoltenberg, claim the Respondent violated?

3. According to the Petitioner’s testimony, what unique features did his property’s landscaping include, and what services did he believe the HOA was responsible for?

4. What was the primary reason the Respondent’s landscaping contractor, Mowtown Landscape, was unable to perform maintenance in the Petitioner’s backyard?

5. What was the testimony of Diana Crites, the property manager, regarding the scope of standard landscaping services provided by the HOA?

6. On what grounds did the Administrative Law Judge deny the Petitioner’s initial petition in the decision dated August 17, 2020?

7. For what primary reasons did the Commissioner of the Department of Real Estate grant the Petitioner a rehearing?

8. In the rehearing, what external sources did the Administrative Law Judge consult to determine the definition of “landscaping”?

9. What is the legal standard of proof required in this case, and who bears the responsibility for meeting it?

10. What was the final order issued after the rehearing on February 12, 2021, and what reasonable suggestion did the judge offer for future interactions?

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Answer Key

1. The Petitioner was homeowner Michael J. Stoltenberg. The Respondent was the Rancho Del Oro Homeowners Association (HOA). The core dispute concerned the HOA’s alleged failure to maintain the landscaping on the Petitioner’s property as required by the community’s CC&Rs, specifically whether this obligation included maintaining the Petitioner’s private pool.

2. The Petitioner claimed the Respondent violated Section 5.1 of the Covenants, Conditions, and Restrictions (CC&Rs). This section outlines the Association’s duties, including the maintenance of landscaping on individual lots outside of structures. The Petitioner also initially alleged a violation of Arizona Revised Statutes (A.R.S.) § 10-3842.

3. The Petitioner testified that his landscaping was unique, including xeriscape with geometric patterns, “water features” (a pool), and walking paths that needed staining. He contended that the HOA should be responsible for maintaining these features, including replenishing the rock in his front yard when it wore thin.

4. The landscaping contractor was unable to perform maintenance because the gate to the backyard was always locked. The Petitioner acknowledged he kept it locked for liability reasons due to the pool, and evidence showed that in March 2020, a woman at the residence explicitly told the landscapers she did not want anyone in the backyard.

5. Diana Crites testified that the HOA provides uniform services, not “concierge” services. This includes front yard maintenance and mowing and blowing of backyards, but not maintaining potted plants, driveways, property-dividing walls, or individual homeowners’ pools.

6. The judge denied the petition because the evidence, including the Petitioner’s own admission, established that he had refused to allow the Respondent access to his backyard since January 2020. The decision noted the Respondent had made multiple attempts to access the yard and had consistently maintained the front yard.

7. The rehearing was granted for reasons outlined in the Petitioner’s rehearing request. These included claims of irregularity in the proceedings, newly discovered evidence, errors in the admission of evidence, and that the original decision was not supported by evidence or was contrary to law. The Petitioner also cited ADA and privacy issues.

8. The Administrative Law Judge consulted various online dictionary definitions (Oxford English Dictionary, Dictionary.com, Merriam-Webster, Law Insider). She also analyzed the license classifications from the Arizona Registrar of Contractors, specifically the R-21 Hardscaping and Irrigation Systems license and the R-6 Swimming Pool Service and Repair license.

9. The legal standard is “preponderance of the evidence,” which means the proof must convince the trier of fact that a contention is more probably true than not. The Petitioner bears the burden of proof to establish that the Respondent violated the governing documents.

10. The final order dismissed the Petitioner’s petition again, finding he failed to prove the HOA was obligated to maintain his pool. However, the judge suggested that it would be reasonable for the Respondent to communicate the days and times of its landscaping services going forward so the Petitioner could provide access while maintaining safety precautions.

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Essay Questions

Instructions: The following questions are designed to test a deeper, more comprehensive understanding of the case. Formulate a detailed essay response for each prompt.

1. Analyze the concept of “burden of proof” as it applies to this case. Explain who held the burden, what they were required to prove, and why the Administrative Law Judge ultimately found that they failed to meet this burden in both the initial hearing and the rehearing.

2. Discuss the role of access in the dispute between Michael J. Stoltenberg and the Rancho Del Oro HOA. How did the issue of the locked gate impact the initial ruling, and how did the Petitioner attempt to reframe this issue in the rehearing?

3. The interpretation of the word “landscaping” was central to the rehearing. Detail the Petitioner’s interpretation versus the conclusion reached by the Administrative Law Judge. What evidence and legal reasoning did the Judge use to support her conclusion that pool maintenance is not included in landscaping?

4. Trace the procedural history of this case, from the initial petition filing on April 21, 2020, to the final order after the rehearing. Identify the key events, the specific reasons cited for the rehearing, and the legal basis for the final dismissal.

5. Based on the testimony of Diana Crites and Rian Baas, describe the standard landscaping services provided by the Rancho Del Oro HOA and its contractor. How does this standard practice contrast with the specific and unique services the Petitioner demanded for his property?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions and orders. In this case, Sondra J. Vanella served as the ALJ.

A.R.S.

Abbreviation for Arizona Revised Statutes, which are the codified laws of the state of Arizona.

Burden of Proof

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

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

Department

Refers to the Arizona Department of Real Estate (ADRE), the state agency with jurisdiction over HOA dispute resolution petitions.

Homeowners’ Association. An organization in a subdivision, planned community, or condominium that makes and enforces rules for the properties and its residents. The Respondent was the Rancho Del Oro HOA.

Petitioner

The party who files a petition initiating a legal action. In this case, homeowner Michael J. Stoltenberg.

Petition

A formal written request filed with a court or administrative body to initiate a legal proceeding. Mr. Stoltenberg filed a petition alleging the HOA violated its CC&Rs.

Preponderance of the Evidence

The standard of proof in most civil and administrative cases. It requires the party with the burden of proof to convince the fact-finder that their claim is more likely to be true than not true.

Registrar of Contractors

The Arizona state agency responsible for licensing and regulating contractors. The ALJ referenced its license classifications for landscaping (R-21) and swimming pools (R-6) to help define the scope of services.

Respondent

The party against whom a petition is filed. In this case, the Rancho Del Oro Homeowners Association.






Blog Post – 20F-H2020059-REL-RHG


Briefing on Stoltenberg v. Rancho Del Oro Homeowners Association

Executive Summary

This document synthesizes the findings and rulings from two administrative hearings concerning a dispute between homeowner Michael J. Stoltenberg (Petitioner) and the Rancho Del Oro Homeowners Association (Respondent). The Petitioner alleged the HOA violated its governing documents by failing to maintain landscaping at his property. The case was ultimately dismissed after an initial hearing and a subsequent rehearing.

The core of the dispute centered on two key issues: the scope of “landscaping” services required by the HOA’s Covenants, Conditions, and Restrictions (CC&Rs), and the Petitioner’s denial of access to his backyard. The Petitioner argued that the undefined term “landscaping” in the CC&Rs should be interpreted broadly to include maintenance of his private swimming pool, which he referred to as a “water feature.” Concurrently, he acknowledged keeping his backyard gate locked for liability reasons related to the pool, preventing the HOA’s contractor from performing any work.

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet his burden of proof. The judge concluded that the HOA had made repeated, documented attempts to perform its duties, but was actively prevented from doing so by the Petitioner. Critically, the judge ruled that a reasonable interpretation of “landscaping,” supported by dictionary definitions and the Arizona Registrar of Contractors’ distinct licensing classifications for landscaping and swimming pool services, does not include the maintenance of a private pool and its associated mechanical equipment.

I. Case Overview

Case Detail

Information

Case Number

20F-H2020059-REL and 20F-H2020059-REL-RHG (Rehearing)

Petitioner

Michael J. Stoltenberg (Homeowner at 11777 E. Calle Gaudi, Yuma, AZ)

Respondent

Rancho Del Oro Homeowners Association (HOA)

Office of Administrative Hearings, Arizona

Presiding Judge

Administrative Law Judge Sondra J. Vanella

Hearing Dates

August 3, 2020 (Initial Hearing) and February 2, 2021 (Rehearing)

Final Disposition

Petition Dismissed (February 12, 2021)

II. Petitioner’s Allegations and Arguments

The Petitioner filed a petition with the Arizona Department of Real Estate on or about April 21, 2020, alleging the HOA acted in “bad faith” and failed to perform its duties in 2020. The core of his case was built on the following claims:

Violation of CC&Rs: The Petitioner alleged a violation of § 5.1 of the HOA’s CC&Rs, which mandates that the “Association shall maintain… landscaping on individual Lots outside of structures.” He also alleged a violation of Arizona Revised Statutes (A.R.S.) § 10-3842, although this was not addressed at the hearing.

Broad Interpretation of “Landscaping”: The Petitioner contended that since the CC&Rs do not define “landscaping,” the term should encompass all features on his lot. He specifically asserted that the HOA was responsible for maintaining:

◦ His swimming pool (referred to as a “water feature”), including the pump, filter, and chemicals.

◦ His unique xeriscape with geometric patterns.

◦ Walking paths that required staining.

◦ Replenishing decorative rock when it wears thin.

◦ The patio and all hardscape.

Denial of Access: The Petitioner acknowledged that the gate to his backyard was “always locked for liability reasons” due to the pool. At the rehearing, he argued that the HOA failed to communicate the landscaping schedule, which would have afforded him an opportunity to unlock the gate.

Rehearing Claims: In his request for a rehearing, the Petitioner cited several grounds, including an abuse of discretion by the judge, errors in evidence, and issues related to the Americans with Disabilities Act (ADA), claiming hearing loss put him at a “severe disadvantage.” At the rehearing itself, he also asserted that the Respondent was “falsely representing themselves as an HOA” and did not have an elected Board.

III. Respondent’s Defense and Evidence

The HOA, represented by Nicole Payne, Esq., argued that it had fulfilled its obligations and that any failure to maintain the Petitioner’s backyard was due to his own actions.

Consistent Maintenance of Front Yard: The HOA established that its contractor, Mowtown Landscape, had continuously maintained the Petitioner’s front yard since their contract began in January 2020.

Denied Access to Backyard: The central defense was that the HOA’s contractor was repeatedly and deliberately denied access to the backyard. This was supported by substantial evidence:

Testimony of Rian Baas (Mowtown Landscape): Mr. Baas testified that his crews were at the community every Wednesday and Thursday. He stated they knocked on the Petitioner’s door and left notes or business cards four or five times between January and March 2020.

Testimony of Diana Crites (Property Manager): Ms. Crites presented a text message from Mr. Baas dated March 24, 2020, which read:

Documentary Evidence: A photograph of the locked gate was submitted, along with a letter from Mr. Baas stating, “There is a lock on the gate going to the back yard and we were trying to see if they [sic] people inside the house wanted us to maintenance the back yard. No one ever answered or came to the door.”

Scope of HOA Services: Ms. Crites testified that the HOA provides uniform services (front yard maintenance, mowing and blowing of back yards, sprinkler system maintenance) and does not offer “concierge” services like maintaining potted plants or private pools. The community pool, she noted, is maintained by a different company entirely (Crystal Clear Pool Maintenance).

IV. Judicial Findings and Legal Rulings

Administrative Law Judge Sondra J. Vanella found in favor of the Respondent in both the initial decision and the rehearing, ultimately dismissing the petition.

Initial Decision (August 17, 2020)

The initial petition was denied because the Petitioner failed to meet the burden of proof. The judge’s reasoning was:

1. Denial of Access: The Petitioner’s own admission, coupled with “credible, probative, and substantial evidence,” established that he had refused to allow the HOA access to his backyard since January 2020.

2. HOA Attempts: The evidence demonstrated that the HOA had attempted to access the yard on multiple occasions and was “specifically instructed in March 2020, that Respondent was not permitted to access Petitioner’s back yard.”

3. Scope of CC&Rs: The judge concluded that while § 5.1(a) of the CC&Rs requires the HOA to maintain yards, “nothing therein requires Respondent to maintain an individual member’s pool.”

Rehearing Decision (February 12, 2021)

After the Commissioner of the Department of Real Estate granted a rehearing, Judge Vanella again dismissed the petition, providing a more detailed legal analysis of the term “landscaping.”

1. Burden of Proof: The judge reiterated that the Petitioner bore the burden to establish that the HOA was legally obligated to maintain his pool, but “failed to establish by a preponderance of the evidence that Respondent must do so.”

2. Definition of “Landscaping”: The judge found that the definitions of “landscaping” from various sources, including dictionaries, “cannot reasonably be read to include a swimming pool and the associated mechanical equipment.”

3. State Licensing as Key Differentiator: The most definitive part of the ruling relied on the Arizona Registrar of Contractors’ licensing classifications, which treat landscaping and pool maintenance as two separate and distinct services.

License Classification

Description & Relevance

R-21 Hardscaping and Irrigation Systems (Formerly Landscaping and Irrigation Systems)

Allows for installation and repair of non-loadbearing concrete, patios, decorative walls, irrigation systems, and water features not attached to swimming pools. The classification specifically precludes the licensee from contracting for work on “swimming pools, pool deck coatings.”

R-6 Swimming Pool Service and Repair

A separate license required “to service and perform minor repair of residential pools and accessories.”

The judge concluded: “The Registrar’s licensing scheme supports a conclusion that landscaping maintenance and pool maintenance are two separate and distinct services… the CC&Rs cannot reasonably be interpreted to include pool maintenance when it required Respondent to maintain landscaping.”

Judicial Recommendation

While ruling against the Petitioner, the judge offered a forward-looking, non-binding recommendation:

“…given that Petitioner is required to keep his gate secured due to having a pool, it is reasonable, going forward, for Respondent to communicate the days and times that it will be performing the landscaping of Petitioner’s back yard so that Petitioner can provide access for that service while maintaining safety precautions.”


Case Participants

Petitioner Side

  • Michael J. Stoltenberg (petitioner)

Respondent Side

  • Nicole Payne (HOA attorney)
  • Diana Crites (property manager/witness)
    Crites and Associates
    Owner of Respondent's property management company; licensed broker
  • Rian Baas (witness/contractor owner)
    Mowtown Landscape
    Owner of landscaping company contracted by Respondent
  • Lydia A. Peirce Linsmeier (HOA attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
  • Luis (landscaping staff)
    Staff member mentioned in text regarding access attempts
  • Jill (staff/employee)
    Staff member mentioned printing paper for Luis regarding access attempts

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

Case Summary

Case ID 20F-H2020059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-02-12
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs § 5.1; A.R.S. § 10-3842

Outcome Summary

The Petition was dismissed after rehearing because Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs. The ALJ found that Petitioner continually refused Respondent access to his locked back yard for landscaping maintenance, and the CC&Rs requiring landscaping do not mandate pool maintenance.

Why this result: Petitioner failed to establish a violation due to refusal of access to the back yard and misinterpretation of CC&R obligations regarding pool maintenance.

Key Issues & Findings

Failure to maintain landscaping and acting in bad faith

Petitioner alleged Respondent HOA violated CC&Rs by failing to maintain landscaping in 2020 and acting in bad faith, asserting that pool/hardscape maintenance was included in landscaping duties, and requesting the maximum fine. Respondent countered that they consistently maintained the front yard but were denied access to the locked backyard due to Petitioner's pool liability concerns.

Orders: Petitioner's Petition was dismissed/denied as Petitioner failed to establish a violation by a preponderance of the evidence. However, Respondent was ordered, going forward, to communicate the days and times they will be performing back yard landscaping so Petitioner can provide access.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: HOA Duties, Landscaping, Pool Maintenance, CC&Rs, Access Refusal, Rehearing
Additional Citations:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

20F-H2020059-REL Decision – 815480.pdf

Uploaded 2026-01-23T17:33:21 (124.1 KB)





Briefing Doc – 20F-H2020059-REL


Briefing Document: Stoltenberg v. Rancho Del Oro Homeowners Association

Executive Summary

This document synthesizes the findings from two administrative hearings concerning a dispute between homeowner Michael J. Stoltenberg (Petitioner) and the Rancho Del Oro Homeowners Association (Respondent). The core of the dispute centers on the scope of landscaping maintenance obligations as defined by the association’s Covenants, Conditions, and Restrictions (CC&Rs).

The Petitioner alleged the HOA failed its duties under CC&Rs § 5.1 by not maintaining his property’s unique landscaping, which he argued included replenishing rock, staining paths, and servicing his swimming pool and associated hardscape. He further claimed the HOA was acting in bad faith and failing to comply with a previous court ruling.

The Respondent countered that it had consistently performed standard landscaping on the Petitioner’s front yard since January 2020. However, it was repeatedly denied access to the backyard, a fact the Petitioner admitted, citing liability concerns due to his pool. The HOA provided evidence of multiple attempts to access the yard and testimony that its maintenance duties are uniform across the community and do not include “concierge” services or pool maintenance.

The Administrative Law Judge ultimately dismissed the petition in both the initial hearing and a subsequent rehearing. The final decision rested on two key points: 1) The Petitioner failed to provide access to the area in question, preventing the HOA from performing its duties. 2) The Petitioner failed to meet the burden of proof that the term “landscaping” under the CC&Rs could be reasonably interpreted to include swimming pool maintenance. This conclusion was strongly supported by the separate licensing classifications for landscaping (R-21) and swimming pool service (R-6) issued by the Arizona Registrar of Contractors, which establishes them as distinct services under state regulation.

Case Overview

Parties and Key Personnel

Name/Entity

Affiliation / Title

Petitioner

Michael J. Stoltenberg

Homeowner, 11777 E. Calle Gaudi, Yuma, AZ

Respondent

Rancho Del Oro Homeowners Association

Homeowners’ Association (HOA)

Respondent Counsel

Nicole Payne, Esq.

Legal Representative

Respondent Witness

Diana Crites

Owner, Crites and Associates (Property Management Co.)

Respondent Witness

Rian Baas

Owner, Mowtown Landscape (HOA Landscaping Contractor)

Presiding Judge

Sondra J. Vanella

Administrative Law Judge

Case Details

Details

Initial Case No.

20F-H2020059-REL

Initial Hearing

August 3, 2020

Initial Decision

August 17, 2020

Rehearing Case No.

20F-H2020059-REL-RHG

Rehearing

February 2, 2021

Rehearing Decision

February 12, 2021

Core Dispute

The central conflict involved the interpretation of the HOA’s maintenance obligations under its governing documents. The Petitioner argued for an expansive definition of “landscaping” that encompassed his entire property exterior, including a swimming pool. The HOA maintained that its duties were limited to standard, uniform landscaping services and that pool maintenance was explicitly excluded. The dispute was compounded by the Petitioner’s refusal to grant the HOA’s landscaper access to his backyard.

Petitioner’s Allegations and Arguments

Mr. Stoltenberg’s petition, filed on or about April 21, 2020, and subsequent arguments in two hearings, were based on the following claims:

Violation of CC&Rs: The HOA violated § 5.1 of its CC&Rs by failing “to do their job in 2020 with maintaining landscaping, and are acting in bad faith.”

Broad Interpretation of “Landscaping”: As the CC&Rs do not define “landscaping,” the Petitioner contended it should include all types of features outside of structures. His specific demands included:

◦ Maintenance of unique xeriscape with geometric patterns.

◦ Replenishment of thin or worn-out rock ground cover.

◦ Staining of walking paths.

◦ Full maintenance of his “water feature,” identified as a swimming pool. This included the pump, filter, chemicals, patio, and all related hardscape.

Refusal to Grant Access: The Petitioner acknowledged that the gate to his backyard was “always locked.” He stated this was for liability reasons due to the pool and refused access to the HOA’s landscapers. At the rehearing, he argued the HOA failed to communicate its schedule to allow him to provide temporary access.

Budgetary Failure: He asserted that the HOA did not properly budget for the costs associated with maintaining his unique landscaping.

Grounds for Rehearing: After the initial denial, the Petitioner requested a rehearing on multiple grounds, including irregularity in proceedings, errors in evidence admission, and claims of “Americans with Disabilities Act (ADA) issues” related to hearing loss.

Respondent’s Position and Evidence

The Rancho Del Oro HOA presented a defense centered on its consistent attempts to fulfill its obligations and the Petitioner’s own actions preventing them from doing so.

Consistent Front Yard Maintenance: Both the HOA property manager and its landscaping contractor testified that the Petitioner’s front yard had been continuously maintained since landscaping services began in January 2020.

Denial of Backyard Access: The HOA’s primary defense was that it was physically prevented from servicing the backyard. Evidence presented to support this included:

Testimony from Rian Baas (Mowtown Landscape): His crews were at the property weekly. Between January and March 2020, he or his crew knocked and left notes or business cards four to five times with no response.

Witness Testimony: In March 2020, a woman at the residence (presumably the Petitioner’s wife) explicitly instructed a landscaper that “she does not want anyone in the back yard because she had a pool and that is the reason for the lock on gate.”

Documentary Evidence: A text message dated March 24, 2020, from Mr. Baas to property manager Diana Crites memorialized this interaction. A photograph of the locked gate was also submitted.

Scope of Services: Ms. Crites testified that HOA landscape services are uniform throughout the community and include front yard maintenance, mowing and blowing in backyards (if access is granted), and sprinkler system upkeep. They do not provide “concierge” services such as maintaining potted plants, driveways, or pools (except for the community pool, which is serviced by a separate contractor).

Access as a Prerequisite: Ms. Crites explained that backyard maintenance is contingent on homeowners leaving their gates unlocked, and some owners choose not to grant access due to pets or other reasons.

Judicial Findings and Rulings

Initial Decision (August 17, 2020)

The Administrative Law Judge denied the Petitioner’s initial petition based on a clear set of facts.

Findings of Fact: The judge found the evidence presented by the Respondent to be credible. The Petitioner’s own admission that he refused to allow access to his backyard since January 2020 was a critical factor. The evidence established that the HOA had consistently maintained the front yard and made multiple, documented attempts to access the backyard.

Conclusions of Law: The judge concluded that while § 5.1(a) of the CC&Rs requires the HOA to maintain yards, “nothing therein requires Respondent to maintain an individual member’s pool.” Because the Petitioner denied access, he could not establish that the Respondent had violated any CC&R.

Rehearing and Final Decision (February 12, 2021)

After the Commissioner for the Department of Real Estate granted a rehearing, the judge again reviewed the case and ultimately dismissed the petition, providing a more detailed legal analysis of the term “landscaping.”

Burden of Proof: The judge reiterated that the Petitioner bore the burden to establish by a preponderance of the evidence that the HOA was legally obligated to maintain his pool and hardscape. The Petitioner failed to offer any definition or legal authority to support his expansive interpretation.

Analysis of “Landscaping”: The judge found that the common definitions of “landscaping” from various dictionary and legal sources “cannot reasonably be read to include a swimming pool and the associated mechanical equipment.”

Arizona Registrar of Contractors (ROC) Licensing: The judge’s conclusion was decisively reinforced by the State of Arizona’s contractor licensing classifications:

◦ The R-21 Hardscaping and Irrigation Systems license (formerly Landscaping) is for installing garden walls, irrigation, and other landscape features. It specifically precludes the licensee from contracting for “swimming pools, pool deck coatings.”

◦ The R-6 Swimming Pool Service and Repair license is a separate classification required to service residential pools.

◦ The judge concluded: “The Registrar’s licensing scheme supports a conclusion that landscaping maintenance and pool maintenance are two separate and distinct services.”

Final Order: The petition was dismissed. The judge noted that because the Petitioner denied access, the Respondent was not in violation. However, the judge provided a forward-looking recommendation: “it is reasonable, going forward, for Respondent to communicate the days and times that it will be performing the landscaping of Petitioner’s back yard so that Petitioner can provide access for that service while maintaining safety precautions.”






Study Guide – 20F-H2020059-REL


Study Guide: Stoltenberg v. Rancho Del Oro Homeowners Association

This study guide provides a comprehensive review of the administrative legal dispute between homeowner Michael J. Stoltenberg and the Rancho Del Oro Homeowners Association. It covers the key arguments, evidence presented, and legal conclusions from two separate hearings. Use the following sections to test and deepen your understanding of the case.

Short-Answer Quiz

Instructions: Answer the following questions in two to three complete sentences, drawing all information from the provided case documents.

1. Who were the primary parties involved in this legal dispute, and what were their respective roles?

2. What was the core allegation made by the Petitioner against the Respondent in the initial petition filed on April 21, 2020?

3. According to Section 5.1 of the CC&Rs, what is the Association’s primary maintenance obligation regarding individual lots?

4. What specific and unique types of landscaping did the Petitioner claim required maintenance by the HOA?

5. What was the primary reason the Respondent’s landscaping contractor, Mowtown Landscape, was unable to perform maintenance in the Petitioner’s backyard?

6. What evidence did Diana Crites, the property manager, present to demonstrate the landscaper’s attempts to gain access to the backyard?

7. On what grounds did the Administrative Law Judge initially deny the Petitioner’s petition in the decision dated August 17, 2020?

8. What reasons did the Petitioner give for his request for a rehearing after the initial decision?

9. In the rehearing, how did the Administrative Law Judge legally define “landscaping” to determine the scope of the HOA’s duties?

10. What was the final order in the decision dated February 12, 2021, and what recommendation did the judge make for future interactions?

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Answer Key

1. The primary parties were Michael J. Stoltenberg, the homeowner, who served as the Petitioner, and the Rancho Del Oro Homeowners Association, which was the Respondent. The Petitioner brought the complaint alleging the HOA was not fulfilling its duties, while the Respondent defended its actions. The case was heard by Administrative Law Judge Sondra J. Vanella.

2. The Petitioner alleged that the Respondent had violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5.1 and Arizona Revised Statutes § 10-3842. Specifically, he claimed the HOA failed “to do their job in 2020 with maintaining landscaping, and are acting in bad faith.” He also referenced a refusal to follow a previous court ruling.

3. Section 5.1 of the CC&Rs states that the Association’s maintenance duties “shall also include maintenance of the landscaping on individual Lots outside of structures.” This clause formed the basis of the Petitioner’s argument that the HOA was responsible for all landscaping on his property.

4. The Petitioner testified that his landscaping was unique, including xeriscape with geometric patterns, “water features” (which was a pool), and walking paths that needed staining. He also contended that when the rock in his front yard wore thin, the Respondent should be responsible for replenishing it.

5. The landscaping contractor could not access the Petitioner’s backyard because the gate was always locked. The Petitioner acknowledged he kept it locked for liability reasons due to the presence of his pool, which he referred to as a “water feature.”

6. Diana Crites presented a text message from the landscaper, Rian Baas, dated March 24, 2020, detailing how a woman at the residence stated she did not want anyone in the backyard because of the pool. Ms. Crites also presented a photograph of the locked gate and read a letter from Mr. Baas explaining his crew had knocked and left business cards weekly for two months without response.

7. The judge denied the petition because the Petitioner’s own admission established that he had refused to allow the Respondent access to his backyard since January 2020. The decision noted that the HOA had made multiple attempts to access the yard and had consistently maintained the front yard landscaping.

8. The Petitioner requested a rehearing on multiple grounds, including alleged irregularity in the proceedings by the judge, newly discovered evidence, errors in the admission of evidence, and that the decision was not supported by evidence. He also asserted that there were Americans with Disabilities Act (ADA) issues related to his hearing loss and privacy issues.

9. The judge referenced multiple online dictionaries (Oxford English Dictionary, Dictionary.com, etc.) and, most significantly, the Arizona Registrar of Contractors’ license classifications. She noted that landscaping (R-21 license) and swimming pool service (R-6 license) are two separate and distinct services, supporting the conclusion that pool maintenance is not included under the term “landscaping.”

10. The final order was that the Petitioner’s Petition was dismissed. However, the judge recommended that, going forward, it would be reasonable for the Respondent to communicate the days and times for landscaping so the Petitioner could provide access to his backyard while maintaining his safety precautions.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to encourage deeper analysis of the case. Formulate a comprehensive response to each, structuring your answer as a short essay.

1. Analyze the role of “burden of proof” in this case. Explain what “preponderance of the evidence” means according to the source text and discuss how the Petitioner’s failure to meet this burden led to the dismissal of his petition in both hearings.

2. Discuss the conflict between the Petitioner’s right to secure his property (the locked gate) and the Respondent’s obligation to perform maintenance. How did the judge’s final recommendation attempt to resolve this practical conflict, even while legally siding with the Respondent?

3. Evaluate the Administrative Law Judge’s legal reasoning in the rehearing for defining “landscaping.” Why was the reference to the Arizona Registrar of Contractors’ licensing scheme a particularly persuasive piece of evidence compared to dictionary definitions alone?

4. Trace the evolution of the Petitioner’s arguments from the initial hearing to the rehearing. How did his claims regarding the scope of “landscaping” and his introduction of issues like ADA accommodation and the HOA’s legitimacy reflect a shift in legal strategy?

5. Based on the evidence presented by the Respondent’s witnesses (Diana Crites and Rian Baas), assess the HOA’s efforts to fulfill its maintenance obligations. Were the HOA’s actions reasonable under the circumstances described in the proceedings?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings. In this case, Sondra J. Vanella served as the ALJ for the Office of Administrative Hearings.

A.R.S. (Arizona Revised Statutes)

The codified laws of the state of Arizona. The Petitioner cited A.R.S. § 10-3842 (Code of Conduct for Board Members) and the proceedings operated under the authority of A.R.S. § 32-2199(B) and other related statutes.

Burden of Proof

The obligation on a party in a dispute to provide sufficient evidence to support their claim. In this case, the Petitioner bore the burden of proof to establish that the Respondent violated its CC&Rs.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set out the rules for a planned community. The central issue of this case was the interpretation of Section 5.1(a) of the Rancho Del Oro HOA’s CC&Rs regarding maintenance duties.

Concierge Landscape Services

A term used by witness Diana Crites to describe specialized, non-uniform services the HOA does not provide. Examples given included maintaining potted plants, driveways, or walls dividing properties, in contrast to the uniform mowing and blowing provided to all homeowners.

Office of Administrative Hearings

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies. This office heard the dispute after it was referred by the Department of Real Estate.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner was homeowner Michael J. Stoltenberg.

Preponderance of the Evidence

The evidentiary standard required for the Petitioner to win his case. It is defined as “such proof as convinces the trier of fact that the contention is more probably true than not” and is considered the “greater weight of the evidence.”

Respondent

The party against whom a petition is filed. In this matter, the Respondent was the Rancho Del Oro Homeowners Association.

Xeriscape

A style of landscaping utilizing drought-tolerant plants and rock to minimize water use. The Petitioner mentioned his unique xeriscape with geometric patterns as part of the landscaping he expected the HOA to maintain.






Blog Post – 20F-H2020059-REL


Study Guide: Stoltenberg v. Rancho Del Oro Homeowners Association

This study guide provides a comprehensive review of the administrative legal dispute between homeowner Michael J. Stoltenberg and the Rancho Del Oro Homeowners Association. It covers the key arguments, evidence presented, and legal conclusions from two separate hearings. Use the following sections to test and deepen your understanding of the case.

Short-Answer Quiz

Instructions: Answer the following questions in two to three complete sentences, drawing all information from the provided case documents.

1. Who were the primary parties involved in this legal dispute, and what were their respective roles?

2. What was the core allegation made by the Petitioner against the Respondent in the initial petition filed on April 21, 2020?

3. According to Section 5.1 of the CC&Rs, what is the Association’s primary maintenance obligation regarding individual lots?

4. What specific and unique types of landscaping did the Petitioner claim required maintenance by the HOA?

5. What was the primary reason the Respondent’s landscaping contractor, Mowtown Landscape, was unable to perform maintenance in the Petitioner’s backyard?

6. What evidence did Diana Crites, the property manager, present to demonstrate the landscaper’s attempts to gain access to the backyard?

7. On what grounds did the Administrative Law Judge initially deny the Petitioner’s petition in the decision dated August 17, 2020?

8. What reasons did the Petitioner give for his request for a rehearing after the initial decision?

9. In the rehearing, how did the Administrative Law Judge legally define “landscaping” to determine the scope of the HOA’s duties?

10. What was the final order in the decision dated February 12, 2021, and what recommendation did the judge make for future interactions?

——————————————————————————–

Answer Key

1. The primary parties were Michael J. Stoltenberg, the homeowner, who served as the Petitioner, and the Rancho Del Oro Homeowners Association, which was the Respondent. The Petitioner brought the complaint alleging the HOA was not fulfilling its duties, while the Respondent defended its actions. The case was heard by Administrative Law Judge Sondra J. Vanella.

2. The Petitioner alleged that the Respondent had violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5.1 and Arizona Revised Statutes § 10-3842. Specifically, he claimed the HOA failed “to do their job in 2020 with maintaining landscaping, and are acting in bad faith.” He also referenced a refusal to follow a previous court ruling.

3. Section 5.1 of the CC&Rs states that the Association’s maintenance duties “shall also include maintenance of the landscaping on individual Lots outside of structures.” This clause formed the basis of the Petitioner’s argument that the HOA was responsible for all landscaping on his property.

4. The Petitioner testified that his landscaping was unique, including xeriscape with geometric patterns, “water features” (which was a pool), and walking paths that needed staining. He also contended that when the rock in his front yard wore thin, the Respondent should be responsible for replenishing it.

5. The landscaping contractor could not access the Petitioner’s backyard because the gate was always locked. The Petitioner acknowledged he kept it locked for liability reasons due to the presence of his pool, which he referred to as a “water feature.”

6. Diana Crites presented a text message from the landscaper, Rian Baas, dated March 24, 2020, detailing how a woman at the residence stated she did not want anyone in the backyard because of the pool. Ms. Crites also presented a photograph of the locked gate and read a letter from Mr. Baas explaining his crew had knocked and left business cards weekly for two months without response.

7. The judge denied the petition because the Petitioner’s own admission established that he had refused to allow the Respondent access to his backyard since January 2020. The decision noted that the HOA had made multiple attempts to access the yard and had consistently maintained the front yard landscaping.

8. The Petitioner requested a rehearing on multiple grounds, including alleged irregularity in the proceedings by the judge, newly discovered evidence, errors in the admission of evidence, and that the decision was not supported by evidence. He also asserted that there were Americans with Disabilities Act (ADA) issues related to his hearing loss and privacy issues.

9. The judge referenced multiple online dictionaries (Oxford English Dictionary, Dictionary.com, etc.) and, most significantly, the Arizona Registrar of Contractors’ license classifications. She noted that landscaping (R-21 license) and swimming pool service (R-6 license) are two separate and distinct services, supporting the conclusion that pool maintenance is not included under the term “landscaping.”

10. The final order was that the Petitioner’s Petition was dismissed. However, the judge recommended that, going forward, it would be reasonable for the Respondent to communicate the days and times for landscaping so the Petitioner could provide access to his backyard while maintaining his safety precautions.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to encourage deeper analysis of the case. Formulate a comprehensive response to each, structuring your answer as a short essay.

1. Analyze the role of “burden of proof” in this case. Explain what “preponderance of the evidence” means according to the source text and discuss how the Petitioner’s failure to meet this burden led to the dismissal of his petition in both hearings.

2. Discuss the conflict between the Petitioner’s right to secure his property (the locked gate) and the Respondent’s obligation to perform maintenance. How did the judge’s final recommendation attempt to resolve this practical conflict, even while legally siding with the Respondent?

3. Evaluate the Administrative Law Judge’s legal reasoning in the rehearing for defining “landscaping.” Why was the reference to the Arizona Registrar of Contractors’ licensing scheme a particularly persuasive piece of evidence compared to dictionary definitions alone?

4. Trace the evolution of the Petitioner’s arguments from the initial hearing to the rehearing. How did his claims regarding the scope of “landscaping” and his introduction of issues like ADA accommodation and the HOA’s legitimacy reflect a shift in legal strategy?

5. Based on the evidence presented by the Respondent’s witnesses (Diana Crites and Rian Baas), assess the HOA’s efforts to fulfill its maintenance obligations. Were the HOA’s actions reasonable under the circumstances described in the proceedings?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings. In this case, Sondra J. Vanella served as the ALJ for the Office of Administrative Hearings.

A.R.S. (Arizona Revised Statutes)

The codified laws of the state of Arizona. The Petitioner cited A.R.S. § 10-3842 (Code of Conduct for Board Members) and the proceedings operated under the authority of A.R.S. § 32-2199(B) and other related statutes.

Burden of Proof

The obligation on a party in a dispute to provide sufficient evidence to support their claim. In this case, the Petitioner bore the burden of proof to establish that the Respondent violated its CC&Rs.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set out the rules for a planned community. The central issue of this case was the interpretation of Section 5.1(a) of the Rancho Del Oro HOA’s CC&Rs regarding maintenance duties.

Concierge Landscape Services

A term used by witness Diana Crites to describe specialized, non-uniform services the HOA does not provide. Examples given included maintaining potted plants, driveways, or walls dividing properties, in contrast to the uniform mowing and blowing provided to all homeowners.

Office of Administrative Hearings

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies. This office heard the dispute after it was referred by the Department of Real Estate.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner was homeowner Michael J. Stoltenberg.

Preponderance of the Evidence

The evidentiary standard required for the Petitioner to win his case. It is defined as “such proof as convinces the trier of fact that the contention is more probably true than not” and is considered the “greater weight of the evidence.”

Respondent

The party against whom a petition is filed. In this matter, the Respondent was the Rancho Del Oro Homeowners Association.

Xeriscape

A style of landscaping utilizing drought-tolerant plants and rock to minimize water use. The Petitioner mentioned his unique xeriscape with geometric patterns as part of the landscaping he expected the HOA to maintain.


Case Participants

Petitioner Side

  • Michael J. Stoltenberg (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nicole Payne (HOA attorney)
    Represented Respondent Rancho Del Oro Homeowners Association
  • Diana Crites (property manager)
    Crites and Associates
    Owner of Respondent’s property management company; appeared as witness
  • Rian Baas (witness)
    Mowtown Landscape
    Owner of landscaping company contracted by Respondent
  • Lydia A. Peirce Linsmeier (HOA attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
    Listed as recipient of the decision
  • Luis (employee)
    Mowtown Landscape (Implied)
    Crew member mentioned in text message regarding attempted access to petitioner's yard
  • Jill (employee)
    Mowtown Landscape (Implied)
    Printed papers for Luis regarding access to petitioner's yard

Neutral Parties

  • Sondra J. Vanella (ALJ)
    Administrative Law Judge
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

Case Summary

Case ID 20F-H2020059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-02-12
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs § 5.1; A.R.S. § 10-3842

Outcome Summary

The Petition was dismissed after rehearing because Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs. The ALJ found that Petitioner continually refused Respondent access to his locked back yard for landscaping maintenance, and the CC&Rs requiring landscaping do not mandate pool maintenance.

Why this result: Petitioner failed to establish a violation due to refusal of access to the back yard and misinterpretation of CC&R obligations regarding pool maintenance.

Key Issues & Findings

Failure to maintain landscaping and acting in bad faith

Petitioner alleged Respondent HOA violated CC&Rs by failing to maintain landscaping in 2020 and acting in bad faith, asserting that pool/hardscape maintenance was included in landscaping duties, and requesting the maximum fine. Respondent countered that they consistently maintained the front yard but were denied access to the locked backyard due to Petitioner's pool liability concerns.

Orders: Petitioner's Petition was dismissed/denied as Petitioner failed to establish a violation by a preponderance of the evidence. However, Respondent was ordered, going forward, to communicate the days and times they will be performing back yard landscaping so Petitioner can provide access.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: HOA Duties, Landscaping, Pool Maintenance, CC&Rs, Access Refusal, Rehearing
Additional Citations:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

20F-H2020059-REL Decision – 815480.pdf

Uploaded 2025-10-09T03:35:23 (124.1 KB)





Briefing Doc – 20F-H2020059-REL


Briefing Document: Stoltenberg v. Rancho Del Oro Homeowners Association

Executive Summary

This document synthesizes the findings from two administrative hearings concerning a dispute between homeowner Michael J. Stoltenberg (Petitioner) and the Rancho Del Oro Homeowners Association (Respondent). The core of the dispute centers on the scope of landscaping maintenance obligations as defined by the association’s Covenants, Conditions, and Restrictions (CC&Rs).

The Petitioner alleged the HOA failed its duties under CC&Rs § 5.1 by not maintaining his property’s unique landscaping, which he argued included replenishing rock, staining paths, and servicing his swimming pool and associated hardscape. He further claimed the HOA was acting in bad faith and failing to comply with a previous court ruling.

The Respondent countered that it had consistently performed standard landscaping on the Petitioner’s front yard since January 2020. However, it was repeatedly denied access to the backyard, a fact the Petitioner admitted, citing liability concerns due to his pool. The HOA provided evidence of multiple attempts to access the yard and testimony that its maintenance duties are uniform across the community and do not include “concierge” services or pool maintenance.

The Administrative Law Judge ultimately dismissed the petition in both the initial hearing and a subsequent rehearing. The final decision rested on two key points: 1) The Petitioner failed to provide access to the area in question, preventing the HOA from performing its duties. 2) The Petitioner failed to meet the burden of proof that the term “landscaping” under the CC&Rs could be reasonably interpreted to include swimming pool maintenance. This conclusion was strongly supported by the separate licensing classifications for landscaping (R-21) and swimming pool service (R-6) issued by the Arizona Registrar of Contractors, which establishes them as distinct services under state regulation.

Case Overview

Parties and Key Personnel

Name/Entity

Affiliation / Title

Petitioner

Michael J. Stoltenberg

Homeowner, 11777 E. Calle Gaudi, Yuma, AZ

Respondent

Rancho Del Oro Homeowners Association

Homeowners’ Association (HOA)

Respondent Counsel

Nicole Payne, Esq.

Legal Representative

Respondent Witness

Diana Crites

Owner, Crites and Associates (Property Management Co.)

Respondent Witness

Rian Baas

Owner, Mowtown Landscape (HOA Landscaping Contractor)

Presiding Judge

Sondra J. Vanella

Administrative Law Judge

Case Details

Details

Initial Case No.

20F-H2020059-REL

Initial Hearing

August 3, 2020

Initial Decision

August 17, 2020

Rehearing Case No.

20F-H2020059-REL-RHG

Rehearing

February 2, 2021

Rehearing Decision

February 12, 2021

Core Dispute

The central conflict involved the interpretation of the HOA’s maintenance obligations under its governing documents. The Petitioner argued for an expansive definition of “landscaping” that encompassed his entire property exterior, including a swimming pool. The HOA maintained that its duties were limited to standard, uniform landscaping services and that pool maintenance was explicitly excluded. The dispute was compounded by the Petitioner’s refusal to grant the HOA’s landscaper access to his backyard.

Petitioner’s Allegations and Arguments

Mr. Stoltenberg’s petition, filed on or about April 21, 2020, and subsequent arguments in two hearings, were based on the following claims:

Violation of CC&Rs: The HOA violated § 5.1 of its CC&Rs by failing “to do their job in 2020 with maintaining landscaping, and are acting in bad faith.”

Broad Interpretation of “Landscaping”: As the CC&Rs do not define “landscaping,” the Petitioner contended it should include all types of features outside of structures. His specific demands included:

◦ Maintenance of unique xeriscape with geometric patterns.

◦ Replenishment of thin or worn-out rock ground cover.

◦ Staining of walking paths.

◦ Full maintenance of his “water feature,” identified as a swimming pool. This included the pump, filter, chemicals, patio, and all related hardscape.

Refusal to Grant Access: The Petitioner acknowledged that the gate to his backyard was “always locked.” He stated this was for liability reasons due to the pool and refused access to the HOA’s landscapers. At the rehearing, he argued the HOA failed to communicate its schedule to allow him to provide temporary access.

Budgetary Failure: He asserted that the HOA did not properly budget for the costs associated with maintaining his unique landscaping.

Grounds for Rehearing: After the initial denial, the Petitioner requested a rehearing on multiple grounds, including irregularity in proceedings, errors in evidence admission, and claims of “Americans with Disabilities Act (ADA) issues” related to hearing loss.

Respondent’s Position and Evidence

The Rancho Del Oro HOA presented a defense centered on its consistent attempts to fulfill its obligations and the Petitioner’s own actions preventing them from doing so.

Consistent Front Yard Maintenance: Both the HOA property manager and its landscaping contractor testified that the Petitioner’s front yard had been continuously maintained since landscaping services began in January 2020.

Denial of Backyard Access: The HOA’s primary defense was that it was physically prevented from servicing the backyard. Evidence presented to support this included:

Testimony from Rian Baas (Mowtown Landscape): His crews were at the property weekly. Between January and March 2020, he or his crew knocked and left notes or business cards four to five times with no response.

Witness Testimony: In March 2020, a woman at the residence (presumably the Petitioner’s wife) explicitly instructed a landscaper that “she does not want anyone in the back yard because she had a pool and that is the reason for the lock on gate.”

Documentary Evidence: A text message dated March 24, 2020, from Mr. Baas to property manager Diana Crites memorialized this interaction. A photograph of the locked gate was also submitted.

Scope of Services: Ms. Crites testified that HOA landscape services are uniform throughout the community and include front yard maintenance, mowing and blowing in backyards (if access is granted), and sprinkler system upkeep. They do not provide “concierge” services such as maintaining potted plants, driveways, or pools (except for the community pool, which is serviced by a separate contractor).

Access as a Prerequisite: Ms. Crites explained that backyard maintenance is contingent on homeowners leaving their gates unlocked, and some owners choose not to grant access due to pets or other reasons.

Judicial Findings and Rulings

Initial Decision (August 17, 2020)

The Administrative Law Judge denied the Petitioner’s initial petition based on a clear set of facts.

Findings of Fact: The judge found the evidence presented by the Respondent to be credible. The Petitioner’s own admission that he refused to allow access to his backyard since January 2020 was a critical factor. The evidence established that the HOA had consistently maintained the front yard and made multiple, documented attempts to access the backyard.

Conclusions of Law: The judge concluded that while § 5.1(a) of the CC&Rs requires the HOA to maintain yards, “nothing therein requires Respondent to maintain an individual member’s pool.” Because the Petitioner denied access, he could not establish that the Respondent had violated any CC&R.

Rehearing and Final Decision (February 12, 2021)

After the Commissioner for the Department of Real Estate granted a rehearing, the judge again reviewed the case and ultimately dismissed the petition, providing a more detailed legal analysis of the term “landscaping.”

Burden of Proof: The judge reiterated that the Petitioner bore the burden to establish by a preponderance of the evidence that the HOA was legally obligated to maintain his pool and hardscape. The Petitioner failed to offer any definition or legal authority to support his expansive interpretation.

Analysis of “Landscaping”: The judge found that the common definitions of “landscaping” from various dictionary and legal sources “cannot reasonably be read to include a swimming pool and the associated mechanical equipment.”

Arizona Registrar of Contractors (ROC) Licensing: The judge’s conclusion was decisively reinforced by the State of Arizona’s contractor licensing classifications:

◦ The R-21 Hardscaping and Irrigation Systems license (formerly Landscaping) is for installing garden walls, irrigation, and other landscape features. It specifically precludes the licensee from contracting for “swimming pools, pool deck coatings.”

◦ The R-6 Swimming Pool Service and Repair license is a separate classification required to service residential pools.

◦ The judge concluded: “The Registrar’s licensing scheme supports a conclusion that landscaping maintenance and pool maintenance are two separate and distinct services.”

Final Order: The petition was dismissed. The judge noted that because the Petitioner denied access, the Respondent was not in violation. However, the judge provided a forward-looking recommendation: “it is reasonable, going forward, for Respondent to communicate the days and times that it will be performing the landscaping of Petitioner’s back yard so that Petitioner can provide access for that service while maintaining safety precautions.”






Study Guide – 20F-H2020059-REL


Study Guide: Stoltenberg v. Rancho Del Oro Homeowners Association

This study guide provides a comprehensive review of the administrative legal dispute between homeowner Michael J. Stoltenberg and the Rancho Del Oro Homeowners Association. It covers the key arguments, evidence presented, and legal conclusions from two separate hearings. Use the following sections to test and deepen your understanding of the case.

Short-Answer Quiz

Instructions: Answer the following questions in two to three complete sentences, drawing all information from the provided case documents.

1. Who were the primary parties involved in this legal dispute, and what were their respective roles?

2. What was the core allegation made by the Petitioner against the Respondent in the initial petition filed on April 21, 2020?

3. According to Section 5.1 of the CC&Rs, what is the Association’s primary maintenance obligation regarding individual lots?

4. What specific and unique types of landscaping did the Petitioner claim required maintenance by the HOA?

5. What was the primary reason the Respondent’s landscaping contractor, Mowtown Landscape, was unable to perform maintenance in the Petitioner’s backyard?

6. What evidence did Diana Crites, the property manager, present to demonstrate the landscaper’s attempts to gain access to the backyard?

7. On what grounds did the Administrative Law Judge initially deny the Petitioner’s petition in the decision dated August 17, 2020?

8. What reasons did the Petitioner give for his request for a rehearing after the initial decision?

9. In the rehearing, how did the Administrative Law Judge legally define “landscaping” to determine the scope of the HOA’s duties?

10. What was the final order in the decision dated February 12, 2021, and what recommendation did the judge make for future interactions?

——————————————————————————–

Answer Key

1. The primary parties were Michael J. Stoltenberg, the homeowner, who served as the Petitioner, and the Rancho Del Oro Homeowners Association, which was the Respondent. The Petitioner brought the complaint alleging the HOA was not fulfilling its duties, while the Respondent defended its actions. The case was heard by Administrative Law Judge Sondra J. Vanella.

2. The Petitioner alleged that the Respondent had violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5.1 and Arizona Revised Statutes § 10-3842. Specifically, he claimed the HOA failed “to do their job in 2020 with maintaining landscaping, and are acting in bad faith.” He also referenced a refusal to follow a previous court ruling.

3. Section 5.1 of the CC&Rs states that the Association’s maintenance duties “shall also include maintenance of the landscaping on individual Lots outside of structures.” This clause formed the basis of the Petitioner’s argument that the HOA was responsible for all landscaping on his property.

4. The Petitioner testified that his landscaping was unique, including xeriscape with geometric patterns, “water features” (which was a pool), and walking paths that needed staining. He also contended that when the rock in his front yard wore thin, the Respondent should be responsible for replenishing it.

5. The landscaping contractor could not access the Petitioner’s backyard because the gate was always locked. The Petitioner acknowledged he kept it locked for liability reasons due to the presence of his pool, which he referred to as a “water feature.”

6. Diana Crites presented a text message from the landscaper, Rian Baas, dated March 24, 2020, detailing how a woman at the residence stated she did not want anyone in the backyard because of the pool. Ms. Crites also presented a photograph of the locked gate and read a letter from Mr. Baas explaining his crew had knocked and left business cards weekly for two months without response.

7. The judge denied the petition because the Petitioner’s own admission established that he had refused to allow the Respondent access to his backyard since January 2020. The decision noted that the HOA had made multiple attempts to access the yard and had consistently maintained the front yard landscaping.

8. The Petitioner requested a rehearing on multiple grounds, including alleged irregularity in the proceedings by the judge, newly discovered evidence, errors in the admission of evidence, and that the decision was not supported by evidence. He also asserted that there were Americans with Disabilities Act (ADA) issues related to his hearing loss and privacy issues.

9. The judge referenced multiple online dictionaries (Oxford English Dictionary, Dictionary.com, etc.) and, most significantly, the Arizona Registrar of Contractors’ license classifications. She noted that landscaping (R-21 license) and swimming pool service (R-6 license) are two separate and distinct services, supporting the conclusion that pool maintenance is not included under the term “landscaping.”

10. The final order was that the Petitioner’s Petition was dismissed. However, the judge recommended that, going forward, it would be reasonable for the Respondent to communicate the days and times for landscaping so the Petitioner could provide access to his backyard while maintaining his safety precautions.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to encourage deeper analysis of the case. Formulate a comprehensive response to each, structuring your answer as a short essay.

1. Analyze the role of “burden of proof” in this case. Explain what “preponderance of the evidence” means according to the source text and discuss how the Petitioner’s failure to meet this burden led to the dismissal of his petition in both hearings.

2. Discuss the conflict between the Petitioner’s right to secure his property (the locked gate) and the Respondent’s obligation to perform maintenance. How did the judge’s final recommendation attempt to resolve this practical conflict, even while legally siding with the Respondent?

3. Evaluate the Administrative Law Judge’s legal reasoning in the rehearing for defining “landscaping.” Why was the reference to the Arizona Registrar of Contractors’ licensing scheme a particularly persuasive piece of evidence compared to dictionary definitions alone?

4. Trace the evolution of the Petitioner’s arguments from the initial hearing to the rehearing. How did his claims regarding the scope of “landscaping” and his introduction of issues like ADA accommodation and the HOA’s legitimacy reflect a shift in legal strategy?

5. Based on the evidence presented by the Respondent’s witnesses (Diana Crites and Rian Baas), assess the HOA’s efforts to fulfill its maintenance obligations. Were the HOA’s actions reasonable under the circumstances described in the proceedings?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings. In this case, Sondra J. Vanella served as the ALJ for the Office of Administrative Hearings.

A.R.S. (Arizona Revised Statutes)

The codified laws of the state of Arizona. The Petitioner cited A.R.S. § 10-3842 (Code of Conduct for Board Members) and the proceedings operated under the authority of A.R.S. § 32-2199(B) and other related statutes.

Burden of Proof

The obligation on a party in a dispute to provide sufficient evidence to support their claim. In this case, the Petitioner bore the burden of proof to establish that the Respondent violated its CC&Rs.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set out the rules for a planned community. The central issue of this case was the interpretation of Section 5.1(a) of the Rancho Del Oro HOA’s CC&Rs regarding maintenance duties.

Concierge Landscape Services

A term used by witness Diana Crites to describe specialized, non-uniform services the HOA does not provide. Examples given included maintaining potted plants, driveways, or walls dividing properties, in contrast to the uniform mowing and blowing provided to all homeowners.

Office of Administrative Hearings

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies. This office heard the dispute after it was referred by the Department of Real Estate.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner was homeowner Michael J. Stoltenberg.

Preponderance of the Evidence

The evidentiary standard required for the Petitioner to win his case. It is defined as “such proof as convinces the trier of fact that the contention is more probably true than not” and is considered the “greater weight of the evidence.”

Respondent

The party against whom a petition is filed. In this matter, the Respondent was the Rancho Del Oro Homeowners Association.

Xeriscape

A style of landscaping utilizing drought-tolerant plants and rock to minimize water use. The Petitioner mentioned his unique xeriscape with geometric patterns as part of the landscaping he expected the HOA to maintain.






Blog Post – 20F-H2020059-REL


Study Guide: Stoltenberg v. Rancho Del Oro Homeowners Association

This study guide provides a comprehensive review of the administrative legal dispute between homeowner Michael J. Stoltenberg and the Rancho Del Oro Homeowners Association. It covers the key arguments, evidence presented, and legal conclusions from two separate hearings. Use the following sections to test and deepen your understanding of the case.

Short-Answer Quiz

Instructions: Answer the following questions in two to three complete sentences, drawing all information from the provided case documents.

1. Who were the primary parties involved in this legal dispute, and what were their respective roles?

2. What was the core allegation made by the Petitioner against the Respondent in the initial petition filed on April 21, 2020?

3. According to Section 5.1 of the CC&Rs, what is the Association’s primary maintenance obligation regarding individual lots?

4. What specific and unique types of landscaping did the Petitioner claim required maintenance by the HOA?

5. What was the primary reason the Respondent’s landscaping contractor, Mowtown Landscape, was unable to perform maintenance in the Petitioner’s backyard?

6. What evidence did Diana Crites, the property manager, present to demonstrate the landscaper’s attempts to gain access to the backyard?

7. On what grounds did the Administrative Law Judge initially deny the Petitioner’s petition in the decision dated August 17, 2020?

8. What reasons did the Petitioner give for his request for a rehearing after the initial decision?

9. In the rehearing, how did the Administrative Law Judge legally define “landscaping” to determine the scope of the HOA’s duties?

10. What was the final order in the decision dated February 12, 2021, and what recommendation did the judge make for future interactions?

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Answer Key

1. The primary parties were Michael J. Stoltenberg, the homeowner, who served as the Petitioner, and the Rancho Del Oro Homeowners Association, which was the Respondent. The Petitioner brought the complaint alleging the HOA was not fulfilling its duties, while the Respondent defended its actions. The case was heard by Administrative Law Judge Sondra J. Vanella.

2. The Petitioner alleged that the Respondent had violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5.1 and Arizona Revised Statutes § 10-3842. Specifically, he claimed the HOA failed “to do their job in 2020 with maintaining landscaping, and are acting in bad faith.” He also referenced a refusal to follow a previous court ruling.

3. Section 5.1 of the CC&Rs states that the Association’s maintenance duties “shall also include maintenance of the landscaping on individual Lots outside of structures.” This clause formed the basis of the Petitioner’s argument that the HOA was responsible for all landscaping on his property.

4. The Petitioner testified that his landscaping was unique, including xeriscape with geometric patterns, “water features” (which was a pool), and walking paths that needed staining. He also contended that when the rock in his front yard wore thin, the Respondent should be responsible for replenishing it.

5. The landscaping contractor could not access the Petitioner’s backyard because the gate was always locked. The Petitioner acknowledged he kept it locked for liability reasons due to the presence of his pool, which he referred to as a “water feature.”

6. Diana Crites presented a text message from the landscaper, Rian Baas, dated March 24, 2020, detailing how a woman at the residence stated she did not want anyone in the backyard because of the pool. Ms. Crites also presented a photograph of the locked gate and read a letter from Mr. Baas explaining his crew had knocked and left business cards weekly for two months without response.

7. The judge denied the petition because the Petitioner’s own admission established that he had refused to allow the Respondent access to his backyard since January 2020. The decision noted that the HOA had made multiple attempts to access the yard and had consistently maintained the front yard landscaping.

8. The Petitioner requested a rehearing on multiple grounds, including alleged irregularity in the proceedings by the judge, newly discovered evidence, errors in the admission of evidence, and that the decision was not supported by evidence. He also asserted that there were Americans with Disabilities Act (ADA) issues related to his hearing loss and privacy issues.

9. The judge referenced multiple online dictionaries (Oxford English Dictionary, Dictionary.com, etc.) and, most significantly, the Arizona Registrar of Contractors’ license classifications. She noted that landscaping (R-21 license) and swimming pool service (R-6 license) are two separate and distinct services, supporting the conclusion that pool maintenance is not included under the term “landscaping.”

10. The final order was that the Petitioner’s Petition was dismissed. However, the judge recommended that, going forward, it would be reasonable for the Respondent to communicate the days and times for landscaping so the Petitioner could provide access to his backyard while maintaining his safety precautions.

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Essay Questions

Instructions: The following questions are designed to encourage deeper analysis of the case. Formulate a comprehensive response to each, structuring your answer as a short essay.

1. Analyze the role of “burden of proof” in this case. Explain what “preponderance of the evidence” means according to the source text and discuss how the Petitioner’s failure to meet this burden led to the dismissal of his petition in both hearings.

2. Discuss the conflict between the Petitioner’s right to secure his property (the locked gate) and the Respondent’s obligation to perform maintenance. How did the judge’s final recommendation attempt to resolve this practical conflict, even while legally siding with the Respondent?

3. Evaluate the Administrative Law Judge’s legal reasoning in the rehearing for defining “landscaping.” Why was the reference to the Arizona Registrar of Contractors’ licensing scheme a particularly persuasive piece of evidence compared to dictionary definitions alone?

4. Trace the evolution of the Petitioner’s arguments from the initial hearing to the rehearing. How did his claims regarding the scope of “landscaping” and his introduction of issues like ADA accommodation and the HOA’s legitimacy reflect a shift in legal strategy?

5. Based on the evidence presented by the Respondent’s witnesses (Diana Crites and Rian Baas), assess the HOA’s efforts to fulfill its maintenance obligations. Were the HOA’s actions reasonable under the circumstances described in the proceedings?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings. In this case, Sondra J. Vanella served as the ALJ for the Office of Administrative Hearings.

A.R.S. (Arizona Revised Statutes)

The codified laws of the state of Arizona. The Petitioner cited A.R.S. § 10-3842 (Code of Conduct for Board Members) and the proceedings operated under the authority of A.R.S. § 32-2199(B) and other related statutes.

Burden of Proof

The obligation on a party in a dispute to provide sufficient evidence to support their claim. In this case, the Petitioner bore the burden of proof to establish that the Respondent violated its CC&Rs.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set out the rules for a planned community. The central issue of this case was the interpretation of Section 5.1(a) of the Rancho Del Oro HOA’s CC&Rs regarding maintenance duties.

Concierge Landscape Services

A term used by witness Diana Crites to describe specialized, non-uniform services the HOA does not provide. Examples given included maintaining potted plants, driveways, or walls dividing properties, in contrast to the uniform mowing and blowing provided to all homeowners.

Office of Administrative Hearings

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies. This office heard the dispute after it was referred by the Department of Real Estate.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner was homeowner Michael J. Stoltenberg.

Preponderance of the Evidence

The evidentiary standard required for the Petitioner to win his case. It is defined as “such proof as convinces the trier of fact that the contention is more probably true than not” and is considered the “greater weight of the evidence.”

Respondent

The party against whom a petition is filed. In this matter, the Respondent was the Rancho Del Oro Homeowners Association.

Xeriscape

A style of landscaping utilizing drought-tolerant plants and rock to minimize water use. The Petitioner mentioned his unique xeriscape with geometric patterns as part of the landscaping he expected the HOA to maintain.


Case Participants

Petitioner Side

  • Michael J. Stoltenberg (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nicole Payne (HOA attorney)
    Represented Respondent Rancho Del Oro Homeowners Association
  • Diana Crites (property manager)
    Crites and Associates
    Owner of Respondent’s property management company; appeared as witness
  • Rian Baas (witness)
    Mowtown Landscape
    Owner of landscaping company contracted by Respondent
  • Lydia A. Peirce Linsmeier (HOA attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
    Listed as recipient of the decision
  • Luis (employee)
    Mowtown Landscape (Implied)
    Crew member mentioned in text message regarding attempted access to petitioner's yard
  • Jill (employee)
    Mowtown Landscape (Implied)
    Printed papers for Luis regarding access to petitioner's yard

Neutral Parties

  • Sondra J. Vanella (ALJ)
    Administrative Law Judge
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 20F-H2019005-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2020-05-05
Administrative Law Judge Tammy L. Eigenheer
Outcome no
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

Governing Documents

Outcome Summary

The Administrative Law Judge dismissed the petition because the controversy was not ripe. The Petitioner admitted that he had denied the HOA permission to enter his property to perform the maintenance he was suing them for not performing.

Why this result: The matter was not ripe for determination because the Petitioner had denied the Respondent access to the property.

Key Issues & Findings

Failure to provide landscaping maintenance

Petitioner alleged Respondent failed to maintain landscaping. Petitioner admitted he had notified Respondent it was not allowed to enter his property until January 2020.

Orders: Petition dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Decision Documents

20F-H2019005-REL-RHG Decision – 787446.pdf

Uploaded 2026-01-27T21:17:24 (77.6 KB)

20F-H2019005-REL-RHG Decision – ../20F-H2019005-REL/752939.pdf

Uploaded 2026-01-27T21:17:25 (58.3 KB)

**Case Summary: *Stoltenberg v. Rancho Del Oro Homeowners Association***
**Case No.** 20F-H2019005-REL-RHG
**Date of Rehearing Decision:** May 5, 2020

**Overview**
This summary details the proceedings of an administrative rehearing before the Arizona Department of Real Estate. The matter involves a dispute regarding landscaping maintenance obligations. It is crucial to distinguish between the original decision (dismissed for lack of ripeness) and the subsequent rehearing (which affirmed the dismissal).

**Procedural History: The Original Decision**
In the initial proceeding (Case No. 20F-H2019005-REL), Petitioner Michael J. Stoltenberg alleged that the Respondent, Rancho Del Oro Homeowners Association (HOA), failed to comply with a prior ruling requiring it to provide landscaping maintenance.

During the original hearing on October 30, 2019, the Petitioner admitted to the following facts:
* In 2013, he notified the HOA it was not allowed to enter his property.
* In April 2019, he notified the HOA that he expected maintenance to resume in January 2020.
* At the time of the 2019 hearing, the HOA still did not have permission to enter the property.

On November 14, 2019, Administrative Law Judge (ALJ) Tammy L. Eigenheer dismissed the petition. The ALJ ruled that because the HOA was barred from the property at the time of filing, the allegation that the HOA was violating governing documents was "not ripe for determination".

**The Rehearing: Case No. 20F-H2019005-REL-RHG**
The Petitioner requested a rehearing, arguing he was being "proactive" in seeking a resolution before the anticipated January 2020 violation. He further argued that by the time a rehearing occurred, the HOA would be in violation. The rehearing was granted and held on May 5, 2020.

**Key Arguments at Rehearing**
1. **Petitioner’s Admissions:** The Petitioner reiterated that he had denied the HOA access until January 2020.
2. **New Claims:** The Petitioner attempted to expand the scope of the dispute by arguing the HOA failed to maintain his *neighbors’* properties.
3. **Current Controversy:** The Petitioner argued that the HOA’s ongoing failure to maintain the landscaping *after* January 2020 created a present controversy.

**Legal Analysis and

Case Participants

Petitioner Side

  • Michael J. Stoltenberg (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nicole Payne (Respondent Attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
    Represented Respondent at hearing
  • Lydia A. Peirce Linsmeier (Respondent Attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
    Listed on distribution list for the rehearing order

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Listed on distribution list

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

Case Summary

Case ID 19F-H1919068-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-09-04
Administrative Law Judge Thomas Shedden
Outcome yes
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&R 4.3

Outcome Summary

The ALJ found the HOA violated CC&R 4.3 regarding the timing of budget delivery. While the Petitioner prevailed on the violation and was awarded the $500 filing fee, the ALJ denied the request to rescind the dues increase and denied civil penalties.

Key Issues & Findings

Failure to deliver budget 15 days prior to meeting

Petitioner alleged the HOA violated CC&R 4.3 by failing to deliver the budget 15 days before the meeting. The HOA mailed the budget exactly 15 days prior (Jan 2 for Jan 17 meeting), but the ALJ ruled the contract required delivery, not just mailing, 15 days prior.

Orders: Respondent must pay to Petitioner his filing fee of $500.00 within thirty days.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Decision Documents

19F-H1919068-REL Decision – 735330.pdf

Uploaded 2026-01-27T21:17:02 (80.1 KB)

**Case Summary: Stoltenberg v. Rancho Del Oro Homeowners Association**
**Case Number:** 19F-H1919068-REL
**Date of Decision:** September 4, 2019
**Administrative Law Judge:** Thomas Shedden

**Proceedings and Main Issue**
This matter was heard before the Arizona Department of Real Estate on August 21, 2019. Petitioner Michael J. Stoltenberg initially alleged multiple violations of the Association’s Covenants, Conditions, and Restrictions (CC&Rs). However, the proceedings were limited to a single issue: whether the Respondent, Rancho Del Oro Homeowners Association, violated CC&R section 4.3 by failing to deliver the 2019 budget to unit owners at least fifteen days prior to the annual meeting,.

**Key Facts**
* **The Requirement:** CC&R section 4.3 requires the Board to deliver a copy of the budget and assessment amounts to unit owners at least fifteen days before the meeting at which they are presented,.
* **The Meeting:** The Association conducted its annual meeting on January 17, 2019, at which time monthly dues were increased by 10%.
* **The Delivery:** Evidence showed the Association postmarked the budget on January 2, 2019. The Petitioner testified he did not receive the budget fifteen days prior to the meeting.
* **Petitioner's Request:** The Petitioner requested that the dues increase be rescinded and a civil penalty be issued against the Association.

**Legal Analysis**
The Administrative Law Judge emphasized that CC&Rs constitute a contract between the parties, and the tribunal must enforce clear and unambiguous terms,. The Judge found that CC&R section 4.3 explicitly requires the budget be "delivered"—not just mailed—at least fifteen days before the meeting. Although the Association mailed the document exactly fifteen days prior (January 2), the preponderance of the evidence established that it was not *delivered* to the Petitioner by the required deadline.

**Outcome and Order**
The Judge ruled in favor of the Petitioner, deeming him the prevailing party. The final order stipulated:
1. **Violation:** The Association violated CC&R section 4.3 regarding the timely delivery of the budget.
2. **Remedies:** The Petitioner’s requests to rescind the dues increase and impose civil penalties were denied, as he did not demonstrate these measures were appropriate.
3. **Fees:** The Association was ordered to reimburse the Petitioner’s $500.00 filing fee within thirty days.

Case Participants

Petitioner Side

  • Michael J. Stoltenberg (petitioner)
    Appeared on his own behalf

Respondent Side

  • Nicole Payne (respondent attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
  • Diana Crites (witness)
    Crites Property Management
    Testified for the Association
  • Lydia A. Peirce Linsmeier (respondent attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
    Listed in transmission block

Neutral Parties

  • Thomas Shedden (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Recipient of transmitted order
  • F. Del Sol (clerk/staff)
    Office of Administrative Hearings
    Signed the transmission of the order