Tag Archives: Architectural Review

Debbie Westerman v. Bridgewood Townhomes

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Case Summary

Case ID 18F-H1818028-REL
Agency ADRE
Tribunal OAH
Decision Date 2018-04-26
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debbie Westerman Counsel —
Respondent Bridgewood Nine 30 Property Owners Association, Inc. aka Bridgewood Townhomes Counsel Mark E. Lines and R. Patrick Whelan

Alleged Violations

CC&R § 5(G)

Outcome Summary

The ALJ denied the petition, concluding the Respondent HOA did not unreasonably deny the Petitioner's architectural request. The HOA's standard specification requiring 4” x 8” x 16” CMU blocks for courtyard walls was found to be reasonable for maintaining architectural continuity consistent with the original Al Beadle design of the community.

Why this result: Petitioner failed to prove that the HOA's denial was unreasonable or that the specified 4” x 8” x 16” CMU block was inferior to the 8” x 8” x 16” CMU block she requested, and compliance with the HOA's reasonable specifications was required.

Key Issues & Findings

Unreasonable denial of architectural request to build a courtyard wall

Petitioner alleged the HOA violated CC&R § 5(G) by unreasonably denying her request to construct a courtyard wall using 8” x 8” x 16” CMU blocks, which did not comply with the HOA's Wall Construction Specifications & Conditions requiring 4” x 8” x 16” CMU blocks.

Orders: Petition denied because Petitioner failed to establish that CC&R § 5(G) required the Respondent to approve her Architectural Request which did not comply with Respondent’s Wall Construction Specifications & Conditions.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • CC&R § 5(G)
  • CC&R § 7(B)
  • CC&R § 5(J)

Analytics Highlights

Topics: HOA, CC&R, Architectural Review, Wall Construction, CMU block, Architectural Standard
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)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Video Overview

Audio Overview

Decision Documents

18F-H1818028-REL Decision – 631265.pdf

Uploaded 2026-01-23T17:23:15 (161.6 KB)





Briefing Doc – 18F-H1818028-REL


Briefing Document: Westerman v. Bridgewood Townhomes HOA (Case No. 18F-H1818028-REL)

Executive Summary

This document synthesizes the findings and decision in the case of Debbie Westerman versus the Bridgewood Nine 30 Property Owners Association, Inc. (HOA). The central conflict involved the HOA’s denial of Ms. Westerman’s architectural request to construct a courtyard wall using 8” x 8” x 16” concrete masonry unit (CMU) blocks, which deviated from the association’s established standard of 4” x 8” x 16” CMU blocks.

The Administrative Law Judge (ALJ) ultimately denied the petitioner’s claim, ruling in favor of the HOA. The decision rested on the finding that the HOA’s architectural standards were reasonable and established to maintain the community’s original design integrity. The petitioner failed to meet the burden of proof required to show that the HOA’s denial was unreasonable or that the specified building materials were in any significant way inferior. The HOA successfully argued that its “Wall Construction Specifications & Conditions,” in place since 2005, were created to preserve the architectural continuity of the original “Al Beadle design” and have been consistently applied to numerous other homeowner projects.

1. Case Overview and Core Dispute

• Parties:

◦ Petitioner: Debbie Westerman, owner of condominium unit 31 in Bridgewood Townhomes.

◦ Respondent: Bridgewood Nine 30 Property Owners Association, Inc. (also known as Bridgewood Townhomes).

• Jurisdiction: The case was heard by the Arizona Office of Administrative Hearings following a petition filed with the Arizona Department of Real Estate on January 23, 2018.

• Core Allegation: The petitioner alleged that the HOA violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5(G) by unreasonably denying her request to build a courtyard wall with 8” x 8” x 16” CMU blocks. The HOA’s established specification required the use of 4” x 8” x 16” CMU blocks.

2. Chronology of the Dispute

The key events leading to the administrative hearing occurred between October 2017 and January 2018.

Oct 25, 2017

Michael Brubaker, the HOA Board President, emailed the petitioner with the association’s “Wall Construction Specifications & Conditions.”

Oct 25, 2017

The petitioner submitted an Architectural Request to build a wall with 8″ x 8″ x 16″ CMU blocks, acknowledging the deviation from specifications.

Oct 25, 2017

Mr. Brubaker sent a follow-up email cautioning the petitioner not to pre-order non-conforming materials as her request was not yet approved.

Nov 29, 2017

Mr. Brubaker emailed the petitioner, acknowledging her request as “extraordinary” and stating the Board would need to meet to consider it.

Dec 28, 2017

The petitioner was formally notified of a Board meeting scheduled for January 2, 2018, to review her request.

Jan 2, 2018

The petitioner attended the Board meeting. The Board unanimously rejected her request because it was contrary to the established specifications and “the historical aspects of our compliance structure.” The Board noted its willingness to approve a compliant wall, but the petitioner “stated that she [was] unwilling to comply.”

Jan 8, 2018

The HOA’s attorney sent a letter to the petitioner summarizing the legal basis for the denial.

Jan 23, 2018

The petitioner filed her formal petition with the Arizona Department of Real Estate.

3. Petitioner’s Arguments and Evidence (Debbie Westerman)

The petitioner’s case was built on three main arguments: the superiority of her proposed materials, the inconsistency of community standards, and the questionable validity of the HOA’s rules.

• Material Superiority: The petitioner claimed her proposed 8” x 8” x 16” blocks were stronger, less expensive, and visually identical to the required blocks.

◦ Evidence: She testified that three different contractors advised her that the larger blocks would be cheaper due to needing fewer units and less mortar.

◦ Evidence: Her subcontractor, Richard Ross, testified that using twice as many blocks (as required by the 4″ specification) “doubles the chance of the wall failing.”

• Inconsistent Community Standards: The petitioner argued that the HOA did not enforce a uniform aesthetic, negating the need for strict adherence to the block size specification.

◦ Evidence: She submitted photographs (Exhibits A5, A6) of walls at units 34 and 38, owned by Board President Michael Brubaker, which she claimed were built with larger blocks visible through stucco.

◦ Evidence: She submitted a photograph (Exhibit A11) showing courtyard walls of different heights, although wall height was not the subject of her dispute.

• Questionable Rule Authenticity: At the hearing, the petitioner challenged the validity of the “Wall Construction Specifications & Conditions” document itself.

◦ Argument: She argued the document was not authentic because the HOA did not produce the official Board meeting minutes from 2005 when the rules were allegedly adopted. This challenge was raised for the first time at the hearing.

4. Respondent’s Arguments and Evidence (Bridgewood HOA)

The HOA’s defense was centered on its legal authority, the reasonableness of its established architectural standards, and the consistent enforcement of its rules.

• Adherence to Established Architectural Standards: The HOA’s primary defense was that its denial was based on a reasonable and long-standing architectural rule.

◦ Authority: The HOA cited CC&R § 5(J), which grants the Board the authority to adopt reasonable rules concerning the use of common elements. Rule 7(a) requires Board approval for any exterior alterations.

◦ Evidence: The HOA submitted the “Wall Construction Specifications & Conditions” (Exhibit 3), which Mr. Brubaker credibly testified was adopted by the Board on March 22, 2005.

◦ Purpose of the Rule: Mr. Brubaker stated the rule’s purpose was to ensure architectural continuity. An email to the petitioner (Exhibit 7) explained:

• Consistent Enforcement: The HOA demonstrated that the rule was not arbitrary but had been consistently applied.

◦ Evidence: Mr. Brubaker testified that since the program’s adoption, “twenty-nine homeowners have had applications approved and constructed courtyard walls to specification.” Four additional compliant applications were approved since the petitioner’s submission. A photograph of a recently completed, compliant wall (Ms. Warren’s) was submitted as Exhibit 16.

• Rebuttal of Petitioner’s Claims: The HOA directly countered the petitioner’s key arguments.

◦ On Inconsistency: Mr. Brubaker testified that the non-conforming walls at units 34 and 38 were constructed before 1980 by the original developer, prior to the HOA assuming control of the property (Exhibit 14).

◦ On Structural Integrity: The HOA submitted two technical bulletins from the National Concrete Masonry Association (Exhibits 19 and 20). These documents stated that 4″ high (“half-high”) units can be considered “structurally equivalent to their corresponding 8-in. (203-mm) high unit” as long as the cross-section is the same.

◦ On Cost: The HOA submitted a bid from J E Bowen Construction for $6,165.00 to build a compliant wall for the petitioner’s unit (Exhibit 17). It also noted that another homeowner’s recent compliant wall cost only $4,268.23 (Exhibit 15).

5. Administrative Law Judge’s Conclusions and Final Order

The Administrative Law Judge (ALJ) found comprehensively in favor of the Respondent (HOA), denying the Petitioner’s petition.

• Burden of Proof: The ALJ established that the petitioner bore the burden of proving her case by a “preponderance of the evidence” and failed to do so.

• Reasonableness of HOA Standards: The decision affirmed the HOA’s right to establish and enforce aesthetic standards.

• Validity of Specifications: The petitioner’s challenge to the authenticity of the HOA’s rules was dismissed. The ALJ found that she “did not establish that Respondent’s Wall Construction Specifications & Conditions was fraudulent or improperly adopted.”

• Materiality of Block Type: The ALJ concluded that the petitioner failed to prove her central claim that the larger blocks were superior.

• Aesthetic Impact: The ALJ determined that the petitioner’s proposed wall would violate the community’s aesthetic standards, noting that a wall using the larger blocks “would be noticeably different from walls that were constructed in compliance with the Wall Construction Specifications & Conditions and other Al Beadle design elements.”

Final Order: “IT IS ORDERED that Petitioners’ petition is denied because she has not established that CC&R § 5(G) required the Respondent to approve her Architectural Request to build a block wall around her patio that did not comply with Respondent’s Wall Construction Specifications & Conditions.”

The order, issued on April 26, 2018, is binding unless a rehearing is requested within 30 days of service.






Study Guide – 18F-H1818028-REL


Study Guide: Westerman v. Bridgewood Nine 30 Property Owners Association, Inc.

This study guide provides a comprehensive review of the Administrative Law Judge Decision in case No. 18F-H1818028-REL, concerning a dispute between a homeowner and her homeowners’ association. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms to facilitate a thorough understanding of the case.

Short-Answer Quiz

Instructions: Answer the following ten questions in 2-3 sentences each, based on the information provided in the source document.

1. Who were the primary parties involved in this hearing, and what was their relationship?

2. What specific action by the Respondent was the Petitioner challenging in her petition?

3. According to the Respondent, what was the primary purpose of the “Wall Construction Specifications & Conditions”?

4. What were the three main arguments the Petitioner presented in favor of using 8” x 8” x 16” CMU blocks instead of the specified size?

5. How did the Petitioner attempt to demonstrate that the Respondent’s enforcement of wall specifications was inconsistent?

6. What was the Respondent’s explanation for the non-conforming walls cited by the Petitioner?

7. What evidence did the Respondent present to counter the Petitioner’s claim that the specified 4” x 8” x 16” CMU blocks were structurally inferior?

8. Which party bore the “burden of proof” in this case, and what did that require them to establish?

9. On what date did the Respondent’s Board of Directors originally adopt the Wall Construction Specifications & Conditions?

10. What was the final ruling in this case, and what was the judge’s primary reason for the decision?

Answer Key

1. The primary parties were Debbie Westerman, the Petitioner, and the Bridgewood Nine 30 Property Owners Association, Inc., the Respondent. Ms. Westerman owns condominium unit 31 in the Bridgewood Townhomes development and is therefore a member of the Respondent homeowners’ association.

2. The Petitioner was challenging the Respondent’s denial of her Architectural Request to build a wall around her patio. Specifically, she alleged that the Respondent had unreasonably denied her request to use 8” x 8” x 16” concrete masonry unit (CMU) block, which violated the association’s Covenants, Conditions, and Restrictions (CC&Rs).

3. The “Wall Construction Specifications & Conditions” were developed to provide architectural continuity and standards for courtyard walls. They were intended to ensure that any new walls conformed to the original Al Beadle design represented by other structures on the property, such as the perimeter wall and pool enclosure.

4. The Petitioner argued that her proposed 8” x 8” x 16” CMU blocks were stronger, less expensive (requiring fewer blocks and less mortar), and looked the same as the specified blocks. This information was based on advice she received from three different contractors.

5. The Petitioner submitted photographs of courtyard walls at unit nos. 34 and 38, which she testified had larger blocks visible through stucco. She used these examples to argue that walls within the community were not consistent.

6. The Respondent’s Board president, Michael Brubaker, testified that the walls for units 34 and 38 were constructed before 1980. This was before the original developer turned the property over to the Respondent homeowners’ association, and therefore before the current specifications were in place.

7. The Respondent submitted two technical documents (TEK 5-15 and TEK 2-2B) from the National Concrete Masonry Association. These documents stated that 4-inch high (“half-high”) units are structurally equivalent to their corresponding 8-inch high counterparts, provided the face shell and web thicknesses are the same.

8. The Petitioner, Ms. Westerman, bore the burden of proof. This required her to establish by a “preponderance of the evidence” that the Respondent violated CC&R § 5(G) by unreasonably denying her request.

9. Michael Brubaker, the Respondent’s Board president, credibly testified that the Board adopted the Wall Construction Specifications & Conditions on March 22, 2005.

10. The final ruling was that the Petitioner’s petition was denied. The judge concluded that the Petitioner failed to establish that the Respondent’s Board acted unreasonably in denying her request, as the Board’s decision to maintain architectural consistency with the original Al Beadle design was reasonable.

Suggested Essay Questions

Instructions: The following questions are designed for longer, essay-style responses to test a deeper understanding of the case’s themes and legal principles. Do not provide answers.

1. Analyze the legal concept of a “restrictive covenant.” Using the CC&Rs from the Bridgewood Townhomes development as an example, explain how these covenants function to regulate property use and how they are interpreted and enforced in a legal dispute.

2. Evaluate the evidence presented by both the Petitioner and the Respondent regarding the structural integrity and cost of the different CMU block sizes. Discuss the quality of the evidence (e.g., expert testimony, technical documents, contractor bids) and explain which side made a more compelling argument on this point.

3. Discuss the role and authority of a homeowners’ association Board of Directors as demonstrated in this case. How did the Board use its authority under the CC&Rs to create and enforce the “Wall Construction Specifications & Conditions,” and what does the judge’s decision say about the reasonableness of its actions?

4. The concept of “architectural continuity” and preserving the original “Al Beadle design” was central to the Respondent’s argument. Explain the significance of this argument and analyze why the Administrative Law Judge found it to be a reasonable basis for denying the Petitioner’s request.

5. Trace the procedural history of this dispute, from the Petitioner’s initial Architectural Request in October 2017 through the Administrative Law Judge’s final decision. What do the steps taken by both parties reveal about the formal processes for dispute resolution within this planned community?

Glossary of Key Terms

Definition (as used in the source document)

Administrative Law Judge (ALJ)

An independent judge (Diane Mihalsky) who presides over administrative hearings at the Office of Administrative Hearings, an agency separate from the Department of Real Estate.

Architectural Request

A formal application submitted by a homeowner to the homeowners’ association for approval of any alterations or additions to the exterior of a unit.

Covenants, Conditions, and Restrictions. A set of rules recorded with the county that governs the rights and obligations of property owners within a planned community or condominium development.

Concrete Masonry Unit. A standard-size rectangular block used in construction. In this case, the dispute centered on two sizes: 4” x 8” x 16” and 8” x 8” x 16”.

Common Area

Areas within the development owned by the Homeowners’ Association in trust for the benefit and use of all lot owners.

Department

The Arizona Department of Real Estate, the state agency authorized to receive and decide petitions for hearings from members of homeowners’ associations.

Homeowners’ Association (HOA)

An organization in a subdivision, planned community, or condominium development that makes and enforces rules for the properties within its jurisdiction. In this case, the Bridgewood Nine 30 Property Owners Association, Inc.

Limited Common Elements

Areas, such as the patios or courtyards adjacent to individual units, that are part of the common area but are reserved for the exclusive use of a specific owner.

Petitioner

The party who files a petition initiating a legal action. In this case, the homeowner, Debbie Westerman.

Preponderance of the Evidence

The standard of proof required in this civil case. It is defined as evidence that has the most convincing force and is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.

Respondent

The party against whom a petition is filed. In this case, the homeowners’ association, Bridgewood Nine 30 Property Owners Association, Inc.

Restrictive Covenant

A provision in a deed or CC&R that limits the use of the property. The judge notes that if unambiguous, these are enforced to give effect to the intent of the parties.

Subpoena Duces Tecum

A legal order requiring a person to appear and bring specified documents or evidence with them. The decision notes the Petitioner did not request one for the Board meeting minutes.

TEK 2-2B & TEK 5-15

Titles of technical publications from the National Concrete Masonry Association, submitted as evidence by the Respondent to demonstrate the structural equivalence of different-sized CMU blocks.






Blog Post – 18F-H1818028-REL


Why Your HOA Cares About Your Bricks: A Real-Life Legal Battle, Deconstructed

For many homeowners, the relationship with their Homeowners’ Association (HOA) is a source of quiet frustration. It often involves rules that seem arbitrary, overly specific, or just plain unreasonable. You want to make a practical improvement to your property, but the HOA’s governing documents stand in the way, citing regulations you never knew existed. This friction between individual desire and community standards is common, but rarely does it escalate into a formal legal dispute.

When it does, however, the results can be surprisingly illuminating. Such is the case of Debbie Westerman and the Bridgewood Townhomes HOA in Arizona. Their legal battle wasn’t over a major renovation or a loud party; it was about the specific size of concrete blocks for a new patio wall. On the surface, it seems like a minor disagreement. But a closer look at the administrative law judge’s decision reveals powerful, practical lessons for every homeowner about the hidden legal realities of community governance.

By deconstructing the judge’s final decision, we can uncover four critical lessons that reveal how HOAs wield power and how homeowners can protect themselves.

Takeaway 1: Aesthetic Vision Can Legally Outweigh Practicality

At the heart of the dispute was a simple disagreement over materials. The petitioner, Debbie Westerman, wanted to build her patio wall using 8″x8″x16″ concrete blocks. Her reasoning was entirely practical: a licensed contractor advised her that the larger blocks were “stronger, less expensive, and looks the same.” From a homeowner’s perspective, this seems like an open-and-shut case for approval.

The HOA, however, denied the request. Their position was based not on practicality, but on a specific design vision. The association’s rules, established back in 2005, explicitly required the use of 4″x8″x16″ blocks. The reason? To maintain “architectural continuity” with the property’s original “Al Beadle design.” This wasn’t a vague preference; it was a documented standard intended to conform new construction to the existing visual language of the community, as seen in the “property’s perimeter wall, the original block buildings, the pool area enclosure and buildings, the parking structures, and the walls around the parking areas.”

Ultimately, the judge sided with the HOA. The decision found that the association’s requirement was reasonable because it was aimed at keeping new construction consistent with “significant elements of Bridgewood Townhomes.” This is a crucial lesson: a homeowner’s logical arguments about cost, strength, and appearance can be legally superseded by a community’s well-documented commitment to a specific, even if less tangible, design aesthetic.

Takeaway 2: The Power is in the Paper Trail

The HOA’s entire case rested on the strength of a single key document: the “Wall Construction Specifications & Conditions.” This document, which the board officially adopted on March 22, 2005, clearly outlined the requirement for the 4-inch blocks.

Crucially, the petitioner only challenged the authenticity of this document for the first time during the hearing itself, arguing the HOA had not produced the original meeting minutes that adopted it. The judge deemed this last-minute challenge inadmissible. Why? Crucially, the judge noted that the homeowner had failed to use the proper legal procedures to demand the HOA produce those records ahead of time, making her challenge too little, too late. The HOA, meanwhile, demonstrated a long history of consistent enforcement. Before Ms. Westerman’s request, the association had already approved 29 other courtyard walls, all built according to the 2005 specifications.

This highlights a critical lesson: an HOA’s power is codified in its paper trail. The governing documents—from the Covenants, Conditions, and Restrictions (CC&Rs) down to specific board-adopted rules—carry immense legal weight.

Pro Tip: Your HOA’s governing documents are more than just the CC&Rs you received at closing. Formally request and review all board-adopted rules, architectural guidelines, and meeting minutes related to your planned project hiring a contractor or submitting an application.

Takeaway 3: The Burden of Proof Is on the Homeowner

Many people might assume that in a dispute, the powerful organization (the HOA) has the responsibility to prove its rules are fair and justified. The legal reality is often the exact opposite.

The judge’s decision explicitly stated that the “burden of proof” was on Ms. Westerman to establish that the HOA had acted unreasonably. It was not the HOA’s job to prove their rule was perfect; it was the homeowner’s job to prove the denial was improper. To meet this high legal standard, defined as a “preponderance of the evidence,” you need convincing proof.

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

This case provides a masterclass in what constitutes convincing proof. Ms. Westerman’s evidence that the 8-inch blocks were superior came from the testimony of her contractor’s unlicensed subcontractor. In sharp contrast, the HOA submitted two technical documents from the National Concrete Masonry Association—a neutral, expert authority—which demonstrated that the required 4-inch blocks are “structurally equivalent” to their 8-inch counterparts. The homeowner brought an opinion to a legal fight; the HOA brought expert documentation.

Actionable Advice: If you choose to challenge an HOA decision, understand that personal testimony and contractor opinions are often insufficient. To meet the ‘burden of proof,’ you must be prepared to counter the HOA’s documented rules with equally strong evidence, such as independent engineering reports, surveys, or expert testimony.

Takeaway 4: An HOA Rule Can Be a “Win-Win Program”

While it’s easy to view HOA rules as purely restrictive, the association’s board president, Michael Brubaker, offered a completely different perspective. He framed the wall policy not as a limitation, but as a benefit designed to increase the value and security of the entire community.

In an email to the petitioner, he explained the board’s original thinking behind allowing the walls in the first place, calling it a “win win program.”

A courtyard wall allowed homeowners to expand their homes with an exclusive-use courtyard space, enhance privacy, and improve security, which resulted in an increased individual property value that subsequently raised all property values. Additionally, the Association reduced costs by reducing the common area to be maintained. This is a win win program.

This viewpoint is bolstered by another critical fact: the HOA assumes maintenance responsibility for the walls after they are built. This reinforces the logic behind the rule. Uniformity isn’t just about aesthetics; it’s about the long-term, collective cost and labor of maintaining these structures, making a consistent standard a practical and financial concern for the entire association.

Conclusion: Beyond the Bricks

The dispute between Debbie Westerman and the Bridgewood Townhomes HOA was, on its face, about the size of concrete blocks. But the legal decision reveals a much deeper story about community living. It’s a story about how a shared aesthetic vision, when properly documented, can become legally enforceable. It’s a confirmation of the immense power of written rules and the critical importance of bringing credible evidence to a dispute. And it’s a reminder that the legal burden often falls on the individual to challenge the collective.

This case demonstrates that behind a seemingly petty disagreement lies a complex reality of legal precedent, established processes, and a community’s right to define and defend its character. The next time you encounter a seemingly arbitrary HOA rule, will you see it as a simple restriction, or will you look for the deeper story of community standards and legal precedent behind it?


Case Participants

Petitioner Side

  • Debbie Westerman (petitioner)
    Appeared on her own behalf
  • Kelly Zernich (witness)
    Petitioner's realtor
  • Richard Ross (witness)
    Petitioner's contractor's subcontractor

Respondent Side

  • Mark E. Lines (attorney)
    Shaw & Lines, LLC
  • R. Patrick Whelan (attorney)
    Shaw & Lines, LLC
  • Michael Brubaker (board member/witness)
    Respondent's Board president

Neutral Parties

  • Diane Mihalsky (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate

Other Participants

  • Barb Warren (homeowner/applicant)
    Application approved by the Board (used for comparison)
  • Felicia Del Sol (unknown)
    Transmitted the decision electronically

John L. Shields vs. Will Rogers Equestrian Ranch

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

Case Summary

Case ID 17F-H1717034-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-02-26
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John L. Shields Counsel —
Respondent Will Rogers Equestrian Ranch Counsel Maria R. Kupillas

Alleged Violations

CC&R § 6.2(A)

Outcome Summary

The Administrative Law Judge dismissed the petition. It was determined that the Respondent (HOA) did not err in approving the neighbor's wall extension proposal, as the responsibility for obtaining adjoining owner approval under CC&R § 6.2(A) lay solely with the neighboring owner, not the HOA. The HOA's approval under CC&R § 7.2 only required considering aesthetic compliance.

Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent erroneously approved the neighbor's proposal. The HOA was only required by CC&R § 7.2 to consider aesthetics when approving alterations, and neighbor approval (required by CC&R § 6.2(A)) was the sole responsibility of the building owner, not the HOA.

Key Issues & Findings

Respondent improperly approved a block wall extension built by a neighbor without securing Petitioner's required adjoining owner approval.

Petitioner alleged the HOA violated its CC&Rs by formally approving a neighbor's block wall extension (approximately 5' long x 6' high) because Petitioner, the adjoining property owner, had not approved the wall as required by CC&R § 6.2(A).

Orders: The petition was dismissed, and no action was required of Respondent.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&R § 6.2(A)
  • CC&R § 7.2
  • A.R.S. § 32-2199.01

Analytics Highlights

Topics: HOA, CC&Rs, Architectural Review, Block Wall
Additional Citations:

  • A.R.S. § 32-2199.01

Video Overview

Audio Overview

Decision Documents

17F-H1717034-REL-RHG Decision – 619560.pdf

Uploaded 2025-10-09T03:31:41 (90.8 KB)

17F-H1717034-REL-RHG Decision – ../17F-H1717034-REL/592935.pdf

Uploaded 2026-01-20T13:44:32 (115.2 KB)





Briefing Doc – 17F-H1717034-REL-RHG


Briefing Document: Shields v. Will Rogers Equestrian Ranch HOA

Executive Summary

This document synthesizes the findings from two administrative law hearings concerning a dispute between homeowner John Shields (Petitioner) and the Will Rogers Equestrian Ranch Homeowners’ Association (Respondent). The core of the dispute is a 5-foot by 6-foot common block wall extension constructed by the Petitioner’s neighbor, Joe Johnson. The Petitioner alleged the Respondent violated its own Covenants, Conditions, and Restrictions (CC&Rs) by approving the wall alteration without the Petitioner’s required consent as the adjoining property owner.

Following an initial hearing and a subsequent rehearing, the Office of Administrative Hearings dismissed the Petitioner’s claims. The decisions established several critical legal and procedural points:

• Distinct HOA Obligations: The HOA’s architectural approval role, governed by CC&R § 7.2, is distinct from the neighbor-approval requirement in CC&R § 6.2(A). The HOA’s approval is based solely on aesthetic and community consistency standards and does not obligate it to verify or enforce separate homeowner-to-homeowner agreements or approvals.

• Homeowner Responsibility: The responsibility to obtain an adjoining owner’s approval for a shared wall alteration rests entirely with the homeowner undertaking the construction (in this case, Mr. Johnson), not with the HOA.

• Discretionary Enforcement: The HOA’s power to enforce CC&R violations is discretionary, not mandatory. CC&R § 8.1 uses the permissive term “may,” granting the board latitude in deciding whether to pursue enforcement actions, particularly in cases with conflicting evidence.

• Alternative Remedy: The Petitioner is not without a remedy. The same CC&R section that grants the HOA enforcement power also explicitly authorizes individual owners to bring a private action against another owner to enforce the CC&Rs.

Ultimately, the HOA was found to have acted within its authority as defined by the governing documents, and both petitions against it were dismissed.

I. Case Overview

This matter concerns a petition filed on May 3, 2017, by John Shields with the Arizona Department of Real Estate against his HOA, Will Rogers Equestrian Ranch. The case was referred to the Office of Administrative Hearings for adjudication.

Entity

Details

John Shields

Petitioner

Homeowner at 20431 E. Bronco Drive, Queen Creek, Arizona.

Will Rogers Equestrian Ranch

Respondent

The Homeowners’ Association (HOA) for the development.

Joe and Sandy Johnson

Adjoining Neighbor

Constructed the disputed wall extension between their property and the Petitioner’s.

The Disputed Structure

Wall Extension

An approximately 5-foot long by 6-foot high common block wall extension.

The dispute was adjudicated in two separate hearings:

1. Initial Hearing: Held on September 27, 2017, before Administrative Law Judge (ALJ) Diane Mihalsky. A decision dismissing the petition was issued on October 11, 2017.

2. Rehearing: Granted on December 5, 2017, and held on February 5, 2018, before ALJ Tammy L. Eigenheer. A final decision, again dismissing the petition, was issued on February 26, 2018.

II. Petitioner’s Claim and Central Issue

The Petitioner’s central claim was that the Respondent HOA violated CC&R § 6.2(A) by approving the wall extension built by his neighbor, Joe Johnson, without first securing or verifying the Petitioner’s approval.

• Core Allegation: Any alteration to a shared “Party Wall” requires the approval of both the HOA’s Architectural Control Committee (“the Committee”) and the adjoining owner. The Petitioner asserted he never gave his approval.

• Petitioner’s Testimony: He steadfastly denied ever approving the wall, stating that he expressed his disapproval to the Johnsons on October 16, 2016, three days after its construction. He submitted a photograph and testified the wall “looked like crap” and was an “eyesore.”

• Evolving Argument:

◦ In the first hearing, the Petitioner argued that the HOA was responsible for enforcing the CC&Rs by compelling Mr. Johnson to remove the unapproved wall.

◦ In the rehearing, the Petitioner “vacillated” before firmly asserting his issue was that the HOA had improperly approved Mr. Johnson’s proposal in the first place.

III. Relevant Covenants, Conditions, and Restrictions (CC&Rs)

The decisions in this case hinged on the interpretation and interplay of three specific sections of the Will Rogers Equestrian Ranch CC&Rs.

Section

Key Provision

§ 6.2(A)

Fences as Party Walls

“Such Party Walls and Fences shall not be altered, or changed… without [the] approval of the adjoining Owner(s), if any, and the [Architectural Control] Committee.”

Review by the Committee

“No … fences … shall be commenced [or] erected … until the plans and specifications … have been submitted to and approved by the Committee. … the Committee shall have the right to refuse to approve any Alteration which is not suitable or desirable in their opinion for aesthetic or other reasons…” It also states the Committee’s approval is not an endorsement of compliance with laws or ordinances.

Effect of Declaration and Remedies

“In the event of any violation… they may be enforced by an action brought by [Respondent], the Committee or by the Owner or Owners… at law or in equity…”

IV. Chronology of Events and Factual Evidence

1. Prior to Oct 13, 2016: Mr. Johnson discussed his plans to build the wall extension to hide his RV on multiple occasions with the Petitioner present.

◦ Conflicting Testimony: A.J. Denardo testified he was present for at least three such conversations and that the Petitioner voiced no objection, even stating the wall “looked good” immediately after it was built. Sandy Johnson testified the Petitioner was present for at least ten discussions and never disapproved, sometimes nodding in apparent approval. The Petitioner denied ever giving approval.

2. On/About Oct 13, 2016: Mr. Johnson constructed the wall extension without prior approval from the Committee.

3. On/About Oct 16, 2016: The Petitioner expressed his disapproval of the wall to Mr. and Mrs. Johnson.

4. On/About Nov 2, 2016: Mr. Johnson retroactively submitted plans for the wall extension and a proposal to move his gate forward to the Committee for approval.

5. Nov 16, 2016: The newly elected HOA board, acting as the Committee, met and verbally approved Mr. Johnson’s wall. They specifically advised him that “he will need to seek neighboring property owner’s approval.”

6. December 2016: The board held an executive session to obtain legal advice on enforcement issues.

7. Jan 18, 2017: At a regular board meeting, the board formally approved Mr. Johnson’s proposal, resolving “to ratify the unanimous written consent received outside this regular meeting.”

8. Post-Approval: The City of Queen Creek notified Mr. Johnson that he could not move his gate forward as proposed, as it violated city codes.

V. Legal Analysis and Rulings

Both administrative law judges ultimately concluded that the HOA had not violated its CC&Rs and dismissed the petition. The reasoning in each decision focused on different facets of the HOA’s duties.

A. First Hearing Decision (ALJ Diane Mihalsky)

The initial ruling focused on the HOA’s role in enforcement.

• Discretionary Power: The decision centered on the word “may” in CC&R § 8.1. Citing case law (Walker v. Wilkinson), the judge found that “may” indicates a permissive intent, while “shall” indicates a mandatory one. Therefore, the CC&Rs gave the Respondent board the option to bring an enforcement action, but did not require it to do so.

• No Abuse of Discretion: The board was aware of the dispute and the conflicting testimony from multiple witnesses regarding the Petitioner’s prior approval (or lack of objection). The board determined it was not its “job to decide who was telling the truth.” Given this conflicting evidence, the judge found that the board’s decision not to pursue enforcement against Mr. Johnson was not an abuse of its discretion.

• Petitioner’s Remedy: The decision explicitly noted that the Petitioner was not without a remedy, as CC&R § 8.1 also authorizes him to file his own action directly against the Johnsons for their alleged violation of CC&R § 6.2(A).

B. Rehearing Decision (ALJ Tammy L. Eigenheer)

The rehearing focused on the Petitioner’s clarified claim that the HOA’s approval of the plans was improper.

• Separate and Distinct Obligations: The judge ruled that CC&R § 6.2(A) and CC&R § 7.2 create separate obligations for separate parties.

◦ § 6.2(A) requires the homeowner (Mr. Johnson) to obtain the adjoining neighbor’s approval.

◦ § 7.2 requires the HOA Committee to review the proposal based only on aesthetic criteria and consistency with the development.

• Limited Scope of Committee Review: The decision states, “Nothing in CC&R § 7.2 requires Respondent to consider whether the adjoining neighbor had approved the block wall extension.” The board’s role was to evaluate if the wall was “aesthetically pleasing and consistent” with other structures, which it did.

• No Erroneous Approval: Because the HOA’s approval process is defined and limited by § 7.2, its decision to approve the wall based on those criteria was not erroneous. The HOA had “no obligation under CC&R § 6.2(A) to obtain or ensure Petitioner approved the block wall extension.”

VI. Final Outcome

The Petitioner’s petition against the Will Rogers Equestrian Ranch HOA was dismissed. The final order from the February 26, 2018, rehearing, which is binding on the parties, concluded that no action was required of the Respondent. The Petitioner failed to establish by a preponderance of the evidence that the HOA had violated its governing documents in either its approval of the wall extension or its decision not to pursue enforcement.






Study Guide – 17F-H1717034-REL-RHG


Study Guide: Shields v. Will Rogers Equestrian Ranch

This guide provides a comprehensive review of the administrative legal dispute between John Shields and the Will Rogers Equestrian Ranch homeowners’ association. It is based on the findings of fact, conclusions of law, and evidence presented in two separate hearings before the Office of Administrative Hearings.

Short-Answer Quiz

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

1. Who are the primary parties involved in this legal dispute, and what is their relationship?

2. What specific structure is at the center of the dispute, when was it built, and by whom?

3. According to CC&R § 6.2(A), what two distinct approvals are required before a party wall can be altered?

4. Why did the Respondent’s board state it was unsure whether the Petitioner had approved the wall extension before it was constructed?

5. What criteria did the Architectural Control Committee use when it formally approved the wall extension, as outlined in CC&R § 7.2?

6. Explain the legal significance of the word “may” in CC&R § 8.1 regarding the homeowners’ association’s enforcement duties.

7. On what grounds was the Petitioner, John Shields, granted a rehearing after the initial decision was issued?

8. During the rehearing, what did the Petitioner clarify was his single, primary complaint against the Respondent?

9. What was the final recommended order in both the initial hearing and the subsequent rehearing?

10. According to the first judge’s decision, what other legal remedy is available to the Petitioner to address his grievance against his neighbor?

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Answer Key

1. The primary parties are John Shields (the Petitioner) and the Will Rogers Equestrian Ranch homeowners’ association (the Respondent). Mr. Shields is a homeowner and member of the association, and his dispute concerns the association’s handling of a wall built by his next-door neighbor, Joe Johnson.

2. The structure is an approximately 5-foot long by 6-foot high common block wall extension. It was built on or about October 13, 2016, by the Petitioner’s neighbor, Joe Johnson, between their two properties.

3. CC&R § 6.2(A) requires that any alteration to a party wall must have the approval of the adjoining owner(s), if any, as well as the approval of the Architectural Control Committee. Both approvals are necessary.

4. The board was unsure about the Petitioner’s prior approval because at least four witnesses stated they heard the Petitioner either actually approve of the wall or fail to object while Mr. Johnson was discussing plans to build it in his presence. This created a conflict between the Petitioner’s claims and the testimony of others.

5. According to testimony from board member Kristi Hancock, the Committee’s approval was based solely on whether the wall was aesthetically pleasing and consistent with other wall extensions in the development. The Committee’s review under CC&R § 7.2 did not require it to confirm whether the adjoining neighbor had given approval.

6. The first decision concluded that the word “may” in CC&R § 8.1 indicates permissive intent, not a mandatory requirement. This means the association had the discretion, but not the obligation, to bring an enforcement action against Mr. Johnson.

7. A rehearing was granted by Commissioner Judy Lowe because the Petitioner claimed there were errors in the admission or rejection of evidence, other errors of law during the proceeding, and misconduct by the Administrative Law Judge that deprived him of a fair hearing.

8. After some vacillation, the Petitioner firmly asserted during the rehearing that his single issue was that the Respondent had improperly approved Mr. Johnson’s proposal to build the block wall extension and move his gate forward.

9. In both hearings, the recommended order was that no action was required of the Respondent and that the petition should be dismissed.

10. The first decision points out that under CC&R § 8.1, the Petitioner is not without a remedy. This section authorizes an owner, not just the association, to file an action against another owner for an alleged violation of the CC&Rs.

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Essay Questions

Instructions: The following questions are designed to test a deeper understanding of the case. Formulate a comprehensive response to each, citing specific facts, testimony, and CC&R provisions from the source documents.

1. Analyze the differing responsibilities of the homeowner (Mr. Johnson), the adjoining neighbor (Mr. Shields), and the homeowners’ association (the Respondent) as outlined in CC&Rs § 6.2(A), § 7.2, and § 8.1. How do these distinct roles and responsibilities intersect and conflict in this case?

2. Compare and contrast the evidence and testimony presented in the first hearing (before ALJ Diane Mihalsky) with the focus of the second hearing (before ALJ Tammy L. Eigenheer). How did the Petitioner’s framing of his central argument change between the two proceedings?

3. Discuss the legal standard “preponderance of the evidence” as it is defined and applied in this case. Explain how the conflicting testimony regarding the Petitioner’s “tacit approval” influenced the Respondent’s decision-making and, ultimately, the Administrative Law Judges’ conclusions.

4. Evaluate the Respondent’s decision-making process regarding the approval of the wall extension. Consider the timeline of events from the wall’s unapproved construction in October 2016 to the formal ratification in January 2017, the conditional verbal approval, and the rationale provided by board members for their actions.

5. The first decision explicitly states that CC&R § 8.1 gives the Petitioner a separate remedy against his neighbor. Based on the information in both documents, construct the legal argument the Petitioner could make in a direct action against Mr. and Mrs. Johnson for their alleged violation of CC&R § 6.2(A).

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, takes evidence, and makes decisions or recommendations on legal and factual issues. In this case, Diane Mihalsky and Tammy L. Eigenheer served as ALJs.

Architectural Control Committee (The Committee)

A body within the homeowners’ association responsible for reviewing and approving or disapproving proposed alterations to properties, such as fences, based on aesthetic and other considerations as outlined in the CC&Rs. In this case, the board itself acted as the Committee.

Arizona Department of Real Estate (The Department)

The state agency with which the Petitioner initially filed his petition concerning violations of planned community documents. The Department then referred the matter to the Office of Administrative Hearings.

Burden of Proof

The obligation on a party in a legal case to prove their allegations. In this matter, the Petitioner bore the burden of proof to establish that the Respondent violated the CC&Rs.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set out the rights and obligations of the homeowners’ association and its members. The key sections referenced are 6.2(A), 7.2, and 8.1.

Office of Administrative Hearings

The independent state agency responsible for conducting evidentiary hearings for disputes referred by other state agencies, such as the one between Shields and the Will Rogers Equestrian Ranch.

Party Wall

A wall built on the boundary line between two adjoining properties, for the common benefit of both owners. CC&R § 6.2(A) governs the alteration of such walls.

Permissive Intent

A legal interpretation of language, such as the word “may,” which indicates that an action is allowed or discretionary but not required. This was central to the interpretation of CC&R § 8.1.

Petitioner

The party who initiates a legal action or petition. In this case, John Shields is the Petitioner.

Preponderance of the Evidence

The standard of proof in this civil administrative case, defined as evidence that is more convincing and has superior weight, making it more probable that a contention is true than not.

Rehearing

A second hearing of a case, granted in this instance because the Petitioner alleged errors of law and misconduct by the judge in the first proceeding.

Respondent

The party against whom a petition is filed. In this case, the Will Rogers Equestrian Ranch homeowners’ association is the Respondent.

Tacit Approval

Approval that is implied or inferred from actions or from a failure to state an objection, rather than being explicitly stated. Witnesses claimed the Petitioner gave tacit approval to the wall before it was built.






Blog Post – 17F-H1717034-REL-RHG


4 Surprising Lessons From a Neighbor’s Ugly Wall and the HOA That Did Nothing

Introduction: The Homeowner’s Dilemma

In the world of community governance, the gap between homeowner expectation and contractual reality is a fertile ground for conflict. Most people assume their Homeowners’ Association (HOA) exists to be their first line of defense in a neighbor dispute; when a rule is broken, the HOA is expected to step in. But what happens when the HOA decides to do nothing?

This was the exact situation faced by homeowner John Shields, who was appalled when his neighbor, Joe Johnson, built a block wall extension he considered an eyesore. Mr. Shields turned to his HOA, Will Rogers Equestrian Ranch, expecting them to force its removal. The legal battle that followed provides a fascinating case study, revealing surprising realities about the power and obligations of an HOA. For any homeowner in a planned community, the takeaways are as counter-intuitive as they are crucial.

1. Your HOA Isn’t Obligated to Be Your Enforcer

Mr. Shields’s primary argument rested on a common but often mistaken assumption: that an HOA has a strict mandate to enforce every rule. His logic was straightforward: the community’s Covenants, Conditions, and Restrictions (CC&Rs) required his approval for the wall extension. Since he never gave it, he believed the HOA was responsible for forcing his neighbor to tear the wall down.

The court, however, pointed to a different section of the CC&Rs (§ 8.1) which stated that the rules may be enforced by the HOA. This single word was the linchpin of the case. The Administrative Law Judge highlighted the critical legal distinction between a permissive option and a mandatory duty.

“[The] use of the word ‘may’ generally indicates permissive intent . . . while ‘shall’ generally indicates a mandatory provision.”

This gave the HOA discretion on whether to act. Because there was conflicting testimony about whether Mr. Shields had given tacit approval beforehand, the court found that the HOA “did not abuse its discretion by declining to bring an enforcement action.” The lesson is clear: your HOA’s governing documents might grant it the right to enforce rules without creating an obligation to do so in every single case.

2. The HOA’s “Approval” Might Not Mean What You Think

Adding another layer to the conflict, Mr. Johnson submitted plans for the wall and a related gate relocation to the HOA’s Architectural Control Committee after the wall was already built. The Committee ultimately approved it. To Mr. Shields, this seemed like the HOA was siding with his neighbor and ignoring his rights.

But the Committee’s review was far narrower than he assumed. According to CC&R § 7.2, their analysis was limited to whether the wall was “esthetically pleasing and consistent with other wall extensions that had been built in the Will Rogers Equestrian Ranch development.” The Committee wasn’t tasked with policing neighbor-to-neighbor agreements.

A formal rehearing—granted after the petitioner alleged “errors of law”—clarified this crucial point. The judge found that under CC&R § 6.2(A), it was Mr. Johnson’s responsibility to get his neighbor’s approval, not the HOA’s. As the decision stated, “Respondent had no obligation under CC&R § 6.2(A) to obtain or ensure Petitioner approved the block wall extension.” This separation of duties is common in governing documents, as it strategically shields the HOA from liability in member disputes while allowing it to maintain aesthetic control over the community.

3. Your Silence Can Be Used Against You

The case devolved into a classic “he said, she said” scenario that ultimately weakened Mr. Shields’s position. He testified that he never approved the wall and, on October 16, 2016—three days after it was built—told his neighbors he disapproved, calling it an “eyesore” that “looked like crap.”

However, other witnesses told a different story. One, Mr. Denardo, testified that Mr. Shields “did not voice any objection” before the wall was constructed and even said it “looked good” immediately after. The neighbor’s wife, Mrs. Johnson, testified that Mr. Shields was present for at least ten discussions about the wall, “had never voiced any disapproval,” and had “sometimes nodded, apparently indicating his approval.”

This conflicting testimony was the direct basis for the board invoking its discretionary power. A board member testified that because of the conflicting accounts, the board “was less sure about whether Petitioner had actually or tacitly approved the block wall extension before it was built.” This uncertainty was the key factor that led them not to intervene. When it comes to property matters, clear, timely, and preferably documented communication is your strongest asset; ambiguity and silence can be interpreted as consent.

4. When the HOA Steps Aside, the Fight Might Be Yours Alone

While the court dismissed the petition against the HOA, it did not leave Mr. Shields without a path forward. The judge pointed to the very same rule that gave the HOA its discretion—CC&R § 8.1—as a source of the homeowner’s power. This rule proved to be a double-edged sword.

The judge’s first decision stated that CC&R § 8.1 “authorizes Petitioner to file an action against Mr. and Mrs. Johnson for their alleged violation of CC&R § 6.2(A).” The same clause that gave the HOA the discretion to step aside also explicitly empowered individual homeowners to act in the HOA’s stead.

When an association chooses to stay out of a member-to-member dispute, the responsibility—and the power—to enforce the community’s rules can fall directly to the affected homeowner. The HOA’s inaction does not mean a rule can’t be enforced; it just means you may have to be the one to do it by bringing a private legal action against your neighbor.

Conclusion: Read Your Fine Print

The story of the ugly wall serves as a powerful reminder that a homeowner’s assumptions about their HOA’s power can be miles apart from the legal reality written into the CC&Rs. This case perfectly illustrates the interplay between an HOA’s discretionary enforcement powers (Lesson 1), its carefully separated procedural duties (Lesson 2), the critical importance of homeowner communication and proof (Lesson 3), and the ultimate empowerment of members to enforce rules themselves (Lesson 4). These documents are not just a list of rules; they are a legal framework that dictates who has the power to act, when they are obligated to do so, and what recourse you have when a conflict arises.

You might know your community’s rules on trash cans and lawn care, but do you know who is truly responsible for enforcing them when a real dispute arises?


Case Participants

Petitioner Side

  • John Shields (petitioner)

Respondent Side

  • Maria R. Kupillas (HOA attorney)
    Law Offices of Farley Choate & Bergin
    Represented Respondent Will Rogers Equestrian Ranch
  • Dean Kabanuk (board president)
    Will Rogers Equestrian Ranch Board
    Testified for Petitioner via subpoena; elected President Nov 2016
  • Kristi Hancock (board member/witness)
    Will Rogers Equestrian Ranch Board
    Served as Vice President (Nov 2016-Nov 2017) and President (since Nov 2017)
  • Brenda Campbell (community manager)
    Will Rogers Equestrian Ranch
    Witness for Respondent
  • A.J. Denardo (witness)
    Not a member of Respondent; lives near Petitioner
  • Sandy Johnson (witness/neighbor)
    Wife of Joe Johnson; Petitioner's next-door neighbor
  • Joe Johnson (neighbor/homeowner)
    Will Rogers Equestrian Ranch
    Built the block wall extension in question

Neutral Parties

  • Diane Mihalsky (ALJ)
    Office of Administrative Hearings
    Issued initial ALJ Decision
  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Issued ALJ Decision following rehearing
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Granted Petitioner's request for rehearing

Other Participants

  • Felicia Del Sol (staff)
    Transmitted the decision