{ “case”: { “docket_no”: “25F-H021-REL”, “case_title”: “Deatta M. Pleasants v. Pinecrest Lake Property Owners Association, Inc.”, “decision_date”: “2025-02-20”, “alj_name”: “Sondra J. Vanella”, “tribunal”: “Office of Administrative Hearings”, “agency”: “Arizona Department of Real Estate” }, “questions”: [ { “question”: “Who is responsible for proving that the HOA violated the CC&Rs during a hearing?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner to prove by a ‘preponderance of the evidence’ that the HOA committed the alleged violation. The HOA does not have to prove they are innocent unless they are establishing an affirmative defense.”, “alj_quote”: “Petitioner bears the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.”, “legal_basis”: “A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A)”, “topic_tags”: [ “Burden of Proof”, “Legal Standards”, “Procedure” ] }, { “question”: “Is the HOA responsible for flooding damage caused by an unusually severe storm?”, “short_answer”: “Generally no, if the drainage system was properly maintained and the flooding was due to the severity of the storm and property location.”, “detailed_answer”: “If an HOA maintains its drainage system according to the approved design plans, it is not necessarily liable for flooding caused by extreme weather events (like a 100-year storm) that exceed the system’s design capacity, especially if the home is located in a known flood zone.”, “alj_quote”: “Unfortunately, Petitioner’s lot is located in a FEMA Floodway and flooding of the area would be expected in large storm events which is exactly what occurred in July 2021, and has not occurred since.”, “legal_basis”: “Factual Finding / Liability Standards”, “topic_tags”: [ “Flooding”, “Maintenance”, “Liability” ] }, { “question”: “Does the HOA have to upgrade old infrastructure to meet modern standards?”, “short_answer”: “The decision implies no, as long as the system is maintained according to the originally approved plans.”, “detailed_answer”: “The ALJ found that the HOA met its obligations by maintaining the system in accordance with the plans approved at the time of construction (late 1980s), which were designed for a ’50-year storm,’ even if modern severe storms exceed that capacity.”, “alj_quote”: “The credible evidence of record established that Respondent has maintained the underground culverts that were constructed in accordance with the Navajo County approved plans.”, “legal_basis”: “CC&R Interpretation”, “topic_tags”: [ “Maintenance”, “Infrastructure”, “Grandfathering” ] }, { “question”: “How much evidence is needed to win a case against the HOA?”, “short_answer”: “A ‘preponderance of the evidence,’ meaning the claim is more probably true than not.”, “detailed_answer”: “The homeowner must provide evidence that has ‘superior evidentiary weight’ and is more convincing than the HOA’s evidence. It is not about the number of witnesses, but the convincing force of the evidence presented.”, “alj_quote”: “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”, “legal_basis”: “Morris K. Udall, Arizona Law of Evidence § 5”, “topic_tags”: [ “Evidence”, “Legal Standards” ] }, { “question”: “Can I rely on my own interpretation of engineering plans to prove a violation?”, “short_answer”: “Likely not, if the HOA presents conflicting expert testimony.”, “detailed_answer”: “In this case, the homeowner believed a marking on the plan was a missing culvert, but the HOA’s expert engineer testified it was a roadway hatch pattern. The ALJ relied on the expert’s interpretation over the homeowner’s assumption.”, “alj_quote”: “Dr. Barlow testified that Petitioner’s belief that double lines in the red box on the plans are supposed to be a designated culvert, is erroneous, as those lines are part of the roadway designation.”, “legal_basis”: “Expert Testimony”, “topic_tags”: [ “Evidence”, “Expert Witnesses”, “Dispute Resolution” ] }, { “question”: “Is a single incident of failure enough to prove the HOA isn’t maintaining common areas?”, “short_answer”: “Not necessarily, especially if the incident was caused by exceptional circumstances.”, “detailed_answer”: “The ALJ noted that the petition was based on a single storm event in July 2021 described as ‘exceptional and unusually severe,’ and there were no other complaints. This isolated incident was insufficient to prove a failure to maintain.”, “alj_quote”: “Ms. Seekins testified (and Petitioner agreed) that the Petition was filed due to an occurrence from a single storm in July 2021, and that there have been no other complaints to the Board regarding the culverts.”, “legal_basis”: “Factual Finding”, “topic_tags”: [ “Maintenance”, “Enforcement”, “Violations” ] } ] }