Tag Archives: Steven D. Leach

Samuel G. Schechter vs Pueblo Del Sol POA Village One

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Case Summary

Case ID 15F-H1515002-BFS
Agency Department of Fire, Building and Life Safety
Tribunal Office of Administrative Hearings
Decision Date 2015-10-09
Administrative Law Judge M. Douglas
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Samuel G. Schechter Counsel —
Respondent Pueblo Del Sol POA Village One Counsel Steven D. Leach

Alleged Violations

Bylaws Article VII(1); CC&Rs Section 11.g

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the HOA Board acted reasonably in investigating the Petitioner's complaint about junk vehicles. The Board found the initial complaint list contained inaccuracies and requested an update, which the Petitioner failed to provide. The Petitioner failed to satisfy the burden of proof.

Why this result: Petitioner refused to provide an updated list of violations after the Board found the initial list inaccurate; the ALJ determined the Board's response was reasonable.

Key Issues & Findings

Failure to Enforce Junk Vehicle Restrictions

Petitioner alleged the HOA Board failed to enforce CC&R Section 11.g regarding junk vehicles and violated Bylaws Article VII(1) by not acting on a complaint list provided by Petitioner.

Orders: No action is required of Respondent; the petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

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  • 6
  • 21
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Decision Documents

15F-H1515002-BFS Decision – 460938.pdf

Uploaded 2026-01-27T21:11:25 (95.0 KB)

15F-H1515002-BFS Decision – 469830.pdf

Uploaded 2026-01-27T21:11:25 (56.5 KB)

**Case Summary: Samuel G. Schechter v. Pueblo Del Sol POA Village One**
**Case No. 15F-H1515002-BFS**

**Proceedings Overview**
This administrative hearing was held on September 22, 2015, before Administrative Law Judge M. Douglas at the Arizona Office of Administrative Hearings. The Petitioner, Samuel G. Schechter, appeared on his own behalf, alleging that the Respondent, Pueblo Del Sol POA Village One (the Association), violated its Bylaws and Covenants, Conditions, and Restrictions (CC&Rs),.

**Key Facts and Main Issues**
The central dispute involved the Association's alleged failure to enforce CC&R Section 11.g, which prohibits "stripped down, wrecked or junk motor vehicles" on lots,.

* **Petitioner’s Argument:** Schechter, a former Board member, submitted a complaint on September 8, 2014, listing violations regarding junk vehicles,. He argued that the Board failed to take enforcement action for over four months, violating Bylaw Article VII(1), which mandates the Board diligently perform its obligations. Schechter and witness Peter Dodge relied on photographs and observations made during their previous tenure on the Board,.
* **Respondent’s Defense:** The Association argued the delay was initially caused by the sudden death of the Environmental Control Committee Chairman. Furthermore, an investigation by Board President Roxanna McGinnis in October 2014 revealed that the Petitioner’s list contained incorrect addresses and outdated information,. The Board requested that the Petitioner resubmit an updated, accurate list, but the Petitioner refused,.

**Key Legal Points and Arguments**
* **Investigation and Accuracy:** Testimony established that the Board attempted to investigate the Petitioner's complaint but found the data flawed. Witness Peter Dodge admitted the Board requested a second survey but stated he and Schechter declined to provide it because they were no longer Board members, calling it a "fool's errand".
* **Burden of Proof:** The Administrative Law Judge noted that the burden of proof falls on the party asserting the claim (the Petitioner) by a "preponderance of the evidence".

**Final Decision and Outcome**
The Administrative Law Judge dismissed the petition, ruling in favor of the Respondent.

* **Findings:** The Tribunal concluded that the Board’s actions were "reasonable and prudent under the circumstances". Specifically, the Board investigated the allegations, identified inaccuracies, and requested updated information from the complainant.
* **Conclusion:** Because the Petitioner and Mr. Dodge failed to respond to the Board’s request for updated information regarding the alleged violations, the Petitioner failed to satisfy the burden of proof,.
* **Order:** No action was required of the Respondent, and the matter was dismissed.

Case Participants

Petitioner Side

  • Samuel G. Schechter (petitioner)
    Pueblo Del Sol POA Village One
    Former Board member (2011-2014); appeared on his own behalf
  • Peter Dodge (witness)
    Pueblo Del Sol POA Village One
    Former Board member; assisted Petitioner in compiling complaints

Respondent Side

  • Steven D. Leach (attorney)
    Attorney for Pueblo Del Sol POA Village One
  • Ron Murray (committee member)
    Environmental Control Committee
    Former ECC Chairman; passed away between Sept and Oct 2014
  • Roxanna McGinnis (board member)
    Pueblo Del Sol POA Village One
    Board President in Oct 2014; investigated violations
  • Theodore Pahle (witness)
    Pueblo Del Sol POA Village One
    Board President as of July 1, 2015
  • Erescene Johnson-Stokes (witness)
    Pueblo Del Sol POA Village One
    Resident

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
  • Debra Blake (agency director)
    Department of Fire, Building and Life Safety
    Interim Director

Kenneth Nowell vs. Greenfield Village RV Resort

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Case Summary

Case ID 14F-H1415011-BFS
Agency Department of Fire, Building and Life Safety
Tribunal OAH
Decision Date 2015-05-11
Administrative Law Judge Thomas Shedden
Outcome no
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kenneth Nowell Counsel —
Respondent Greenfield Village RV Resort Association, Inc. Counsel Steven D. Leach

Alleged Violations

CC&Rs 6.4, 6.5; Bylaws 6.4, 10.2
Bylaws 6.4
CC&Rs 3.25, 6.4(b)

Outcome Summary

The ALJ dismissed the petition, ruling that the Petitioner failed to prove by a preponderance of the evidence that the Association violated the CC&Rs or Bylaws regarding land acquisition, financial assessments, or construction projects.

Why this result: Burden of proof not met; Association actions were found to be within their authority and properly voted upon where required.

Key Issues & Findings

Land Purchase and Funding of Improvements

Petitioner alleged the Association violated governing documents by purchasing land and levying assessments/loans without a 2/3 vote. The ALJ found the Association had authority and the required majority votes were obtained.

Orders: Dismissed

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

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  • 15
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The $20,000 Option

Petitioner alleged the Board required a membership vote to purchase a $20,000 land option. The ALJ found the expenditure did not exceed the threshold requiring a vote.

Orders: Dismissed

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • 18
  • 19
  • 20

The Beverage Serving Center

Petitioner alleged the Board constructed a serving center without a vote (changing common area nature) and improperly used reserve funds. The ALJ found it was a replacement (allowed) and did not change the nature of the area.

Orders: Dismissed

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • 20
  • 21
  • 22

Decision Documents

14F-H1415011-BFS Decision – 440536.pdf

Uploaded 2026-01-28T11:12:09 (117.3 KB)

14F-H1415011-BFS Decision – 446583.pdf

Uploaded 2026-01-28T11:12:09 (61.6 KB)

**Case Summary: Nowell v. Greenfield Village RV Resort**
**Case No.** 14F-H1415011-BFS

**Hearing Proceedings and Background**
The hearing was conducted on April 21, 2015, before Administrative Law Judge Thomas Shedden at the Office of Administrative Hearings in Phoenix, Arizona. Petitioner Kenneth Nowell, a resident, filed a petition alleging that Respondent Greenfield Village RV Resort Association, Inc. violated its Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws.

The dispute centered on the Association’s authority and procedures regarding three specific actions: the purchase of land at 4711 East Main Street, the purchase of an option to buy that land, and the construction of a beverage serving center. The Petitioner bore the burden of proof by a preponderance of the evidence.

**Key Arguments and Legal Findings**

**1. Land Purchase and Assessment**
The Association held an election in February 2014 where the membership voted to purchase and improve specific land.
* **Petitioner’s Argument:** Nowell alleged the Association lacked the authority to acquire property and that the assessment used to fund the purchase required approval by two-thirds of the membership.
* **Legal Finding:** The ALJ found that the Articles of Incorporation expressly authorize the Association to acquire property. Regarding the vote, the evidence showed the land was funded by a general assessment, not a special assessment as alleged. Regardless, the CC&Rs and Bylaws require only a majority vote for ratification of assessments, not a two-thirds vote. The assessments were properly ratified .

**2. The $20,000 Land Option**
Prior to the 2014 election, the Board authorized a $20,000 expenditure from operating funds to secure an option on the land.
* **Petitioner’s Argument:** Nowell argued the Association was required to hold a membership vote to authorize this expenditure.
* **Legal Finding:** The Bylaws require a membership vote only for capital expenditures *in excess* of $20,000. Because the expenditure did not exceed this threshold, Nowell failed to prove a vote was required.

**3. The Beverage Serving Center**
The Board approved the construction of a new beverage serving center to replace an old facility located in a flood-prone retention basin

Case Participants

Petitioner Side

  • Kenneth Nowell (Petitioner)
    Resident appearing on his own behalf

Respondent Side

  • Steven D. Leach (attorney)
    Jones, Skelton & Hochuli, P.L.C.
    Attorney for Respondent
  • Ron Thorstad (witness)
    Greenfield Village RV Resort Association, Inc.
    Association President; testified at hearing

Neutral Parties

  • Thomas Shedden (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Gene Palma (Agency Director)
    Department of Fire Building and Life Safety
    Director listed on transmission
  • Greg Hanchett (OAH Director)
    Office of Administrative Hearings
    Interim Director; signed Certification of Decision
  • Debra Blake (Agency Director)
    Department of Fire Building and Life Safety
    Director; recipient of certified decision
  • Joni Cage (Agency Staff)
    Department of Fire Building and Life Safety
    c/o for Debra Blake
  • Rosella J. Rodriguez (OAH Staff)
    Office of Administrative Hearings
    Signed mailing certificate