Case Summary
| Case ID | 19F-H1918006-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-02-28 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Charles P. Mandela | Counsel | — |
|---|---|---|---|
| Respondent | Blue Ridge Estates of Coconino County Homeowners' Association | Counsel | Paul K. Frame, Esq. |
Alleged Violations
CC&Rs § 3.1(a)
Outcome Summary
The Administrative Law Judge denied the homeowner's petition in its entirety, finding the homeowner failed to meet the burden of proof to show the HOA violated CC&R § 3.1(a) when denying the construction of a cedar patio structure.
Why this result: Petitioner failed to establish that the HOA violated CC&R 3.1(a). The proposed structure was found to be a second detached structure and/or a temporary structure barred by the community documents, and the Petitioner had previously failed to submit sufficient information for an attached structure proposal.
Key Issues & Findings
Alleged violation of CC&Rs § 3.1(a) by denying request for patio structure while allowing another member to erect a Tuff Shed.
Petitioner alleged the HOA improperly denied his request for a detached cedar patio structure (150 sq ft) based on CC&R § 3.1(A) which limits properties to one detached structure (Petitioner already had a tool shed). The ALJ found Petitioner failed to establish the violation, concluding the proposed structure was a second barred detached structure or a temporary structure (as concrete pavers were not equivalent to a required cement/block foundation). Petitioner also failed to provide sufficient architectural details for an attached structure request.
Orders: Petitioner's petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 32-2199(B)
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- CC&R § 3.1(a)
- Architectural Committee Aligned Standard 3(D)
Analytics Highlights
- A.R.S. § 32-2199(B)
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- CC&R § 3.1(a)
- Architectural Committee Aligned Standard 3(D)
Video Overview
Audio Overview
Decision Documents
19F-H1918006-REL Decision – 692294.pdf
19F-H1918006-REL Decision – 669528.pdf
Briefing Document: Mandela v. Blue Ridge Estates HOA
Executive Summary
This document synthesizes the findings and conclusions from two administrative law hearings concerning a dispute between homeowner Charles P. Mandela and the Blue Ridge Estates Homeowners Association of Coconino County (“Blue Ridge”). The core of the dispute was Blue Ridge’s repeated denial of Mr. Mandela’s requests to construct a 150-square-foot cedar patio structure on his property.
The Administrative Law Judge (ALJ) ultimately denied Mr. Mandela’s petition in both an initial hearing and a subsequent rehearing, finding that the homeowner failed to meet the burden of proof to establish any violation of the association’s governing documents. The ALJ’s decisions affirmed that Blue Ridge acted within its authority and correctly applied its Covenants, Conditions, and Restrictions (CC&Rs) and architectural regulations.
Key takeaways from the rulings include:
• Violation of Detached Structure Limit: Mr. Mandela’s request for a detached patio was denied because he already had a tool shed, and the HOA rules explicitly permit only one detached structure per property.
• Improper “Play Structure” Request: An initial request framing the patio as a “play structure” was correctly denied as its proposed 150 sq. ft. size exceeded the 80 sq. ft. limit for certain play structures.
• Insufficient Plans for Attached Structure: A separate request to attach the structure to his home was denied due to Mr. Mandela’s failure to provide the required detailed architectural plans and construction drawings, which the HOA deemed necessary for approval.
• Arguments Found Lacking: Mr. Mandela’s arguments—including claims of selective enforcement, discrimination against homeowners without children, and misinterpretation of the term “temporary structure”—were found to be unsubstantiated by evidence. The ALJ concluded the structure would be a prohibited temporary structure as the proposed concrete pavers do not constitute a permanent foundation under the HOA’s definition.
Case Overview
Parties Involved
Description
Petitioner
Charles P. Mandela
A homeowner and member of the Blue Ridge Estates HOA.
Respondent
Blue Ridge Estates Homeowners Association of Coconino County
The governing homeowners’ association for the Blue Ridge Estates development.
Adjudicator
Velva Moses-Thompson
Administrative Law Judge, Office of Administrative Hearings.
Timeline of Key Events
c. Feb 1, 2018
Mr. Mandela submits his first request for a 150 sq. ft. patio, using a “Play Structure Approval Request” form. Blue Ridge denies it for exceeding the size limit.
c. Mar 2, 2018
Mr. Mandela submits a second request, this time to attach a cedar patio shade to his home. Blue Ridge requests detailed plans and materials.
c. Mar 8, 2018
Blue Ridge denies the request for an attached structure due to “incomplete information,” instructing Mr. Mandela to provide formal drawings as per CC&R guidelines.
c. Mar 23, 2018
Mr. Mandela files an internal appeal with Blue Ridge, which is subsequently denied for the same reason of incomplete construction information.
Post-Mar 23, 2018
Mr. Mandela submits a third request for a detached 150 sq. ft. cedar patio structure. Blue Ridge denies it because he already has a detached tool shed.
c. Jul 31, 2018
Mr. Mandela files a petition with the Arizona Department of Real Estate, alleging Blue Ridge violated CC&R § 3.1(a) by denying his request while allowing another member a Tuff Shed.
Oct 17, 2018
An evidentiary hearing is held before the Office of Administrative Hearings.
Nov 6, 2018
The ALJ issues the initial decision, denying Mr. Mandela’s petition.
Dec 12, 2018
The Arizona Department of Real Estate orders a rehearing of the matter.
Feb 8, 2019
The rehearing is held before the same ALJ.
Feb 28, 2019
The ALJ issues the final decision, again finding in favor of Blue Ridge and denying Mr. Mandela’s petition.
Analysis of Construction Requests and Denials
Mr. Mandela made three distinct applications to the Blue Ridge Architectural Committee for his proposed 150 sq. ft. cedar patio structure, each of which was denied for different reasons based on the HOA’s governing documents.
Request 1: Detached “Play Structure”
Mr. Mandela’s initial application on February 1, 2018, was submitted using a “Play Structure Approval Request” form.
• HOA Rule: The form, based on modified Rules and Regulations from April 6, 2016, states: “Cannot exceed 80 SF if it’s a Tree House, Tree Viewing Stand, Play House/Fort.”
• Denial Rationale: Blue Ridge denied the request because the proposed 150 sq. ft. size of the structure exceeded the 80 sq. ft. limit specified for this type of structure.
Request 2: Attached Cedar Patio Shade
On March 2, 2018, Mr. Mandela submitted a new request to attach the structure to his home.
• HOA Action: The committee chairman, John Hart, requested documents showing the structure would not be free-standing, such as plans and material specifications.
• Mandela’s Response: In a March 3 email, Mr. Mandela stated: “I am building this myself. I am not an Architect, I have not software to show (6) 2 by 4”s to attach from the single family roof lie to the roof lien of the same roof.” He asserted that photos of other attached structures were sufficient.
• Denial Rationale: The request was denied on March 8 due to “incomplete information.” The denial letter explicitly instructed Mr. Mandela to submit all required documents, including drawings that “match exactly what you are going to build,” per CC&R Section 10.3. His subsequent appeal was also denied, with Blue Ridge noting that a manufacturer’s representative stated they would not warranty the product if the design was altered and reiterating the need for detailed elevation drawings.
Request 3: Detached Cedar Patio Structure
Following the denial of his appeal, Mr. Mandela submitted a third request for a detached version of the patio.
• HOA Rule: According to CC&R § 3.1(A) and Architectural Committee Aligned Standard 3(D), “One detached structure may… be constructed on a property.”
• Denial Rationale: Blue Ridge denied this request because Mr. Mandela already had one detached structure—a tool shed—on his property. The rules permit only one such structure.
Key Arguments and Rulings from Administrative Hearings
At the initial hearing and subsequent rehearing, both parties presented arguments regarding the application of the HOA’s rules. The ALJ systematically addressed and ruled on each point, ultimately concluding that the petitioner failed to prove his case.
Petitioner’s Core Arguments (Charles P. Mandela)
• Definition of “Detached Structure”: He argued that his proposed patio was not a “detached structure” under the CC&Rs because, based on his misinterpretation of a prior administrative ruling, a detached structure is one that can be easily converted into a second residence.
• Selective Enforcement: He alleged that Blue Ridge approved a “Tuff Shed” for another member and was not enforcing the 80 sq. ft. play structure size limit against other homeowners, thus discriminating against him.
• Discriminatory Rules: He contended that the rule allowing a second detached structure if it is a “play structure” violates CC&R 3.1 because it discriminates against people without children. He stated he wanted the patio for his mother.
• Definition of “Temporary Structure”: He asserted the structure was not a prohibited temporary structure because he planned to use concrete pavers, which he claimed constituted a “cement foundation” under the rules, and the materials had a 5-year warranty.
Respondent’s Core Arguments (Blue Ridge Estates HOA)
• One Detached Structure Rule: The rules unambiguously limit homeowners to one detached structure, and Mr. Mandela already had one.
• Incomplete Submissions: The request for an attached structure lacked the necessary architectural details to ensure it was properly and safely constructed, as required by the CC&Rs. Joseph Hancock, Vice President of Blue Ridge and a former contractor, testified that Mr. Mandela failed to consider critical factors like height and width differentials.
• Temporary Structure Violation: Mr. Hancock testified that a concrete paver is not the equivalent of a “cement or slab foundation.” Therefore, the proposed structure would be a prohibited temporary structure under the CC&Rs.
• No Selective Enforcement: Mr. Hancock refuted Mr. Mandela’s claims of selective enforcement, testifying that the lots Mr. Mandela cited either had structures built before 2003 (predating certain rules) or had no detached structures at all.
Administrative Law Judge’s Final Conclusions
The ALJ found that Mr. Mandela failed to establish his claims by a preponderance of the evidence. The final order denied his petition based on the following conclusions of law:
• Burden of Proof: The petitioner did not meet his burden to prove that Blue Ridge violated CC&R Article III, Section 3.1(a).
• Second Detached Structure: It was undisputed that Mr. Mandela had a shed on his property. The proposed 150 sq. ft. patio therefore constituted a barred second detached structure.
• Prior Rulings Not Precedent: The ALJ noted that Mr. Mandela misinterpreted the prior administrative decision he cited and, furthermore, that “prior administrative law judge decisions are not precedent or binding on future administrative law decisions.”
• Temporary Structure: The preponderance of the evidence showed the proposed structure is a temporary structure under the CC&Rs because “concrete pavers are not the equivalent of cement or block foundation.”
• Denial of Attached Structure: The denial of the request to attach the structure was proper, as the “Petitioner failed to provide sufficient details to illustrate how he would attach the cedar patio structure to his home.”
• No Evidence of Discrimination: The petitioner failed to establish that Blue Ridge approved other oversized play structures or that the denial of his requests was discriminatory. The ALJ also noted the tribunal lacked jurisdiction over potential constitutional claims under the Fourteenth Amendment.
Relevant HOA Governing Documents
Document/Section
Key Provision / Definition
CC&R § 3.1
Permitted Uses and Restrictions – Single Family: “No building or structure shall be erected or maintained separate from the Single Family Residence located on any Lot, other than a garage…”
Architectural Committee Aligned Standard 3(D)
Detached Structures: “One detached structure may, with Architectural Committee approval, be constructed on a property.”
CC&R § 3.6 & Aligned Standard
Temporary Structures: Prohibits temporary structures. A temporary structure is defined as one “without a cement or block foundation to which the structure or building is permanently attached.”
Modified Rules and Regulations (April 6, 2016)
Play Structures: Allows up to two play structures but specifies they “Cannot exceed 80 SF if it’s a Tree House, Tree Viewing Stand, Play House/Fort.”
CC&R § 3.24
Architectural Approval: “No building, fence, wall, screen, residence or other structure shall be commenced, erected, maintained, improved or altered… without the prior written approval of the… Architectural Committee.”
CC&R § 10.3
Architectural Submission Guidelines: Specifies the format and information required for submittals to the architectural committee.
CC&R § 12.2
Declaration Amendments: Requires an affirmative vote or written consent of members owning at least 75% of all lots to amend the Declaration.
Study Guide: Mandela v. Blue Ridge Estates HOA
This study guide provides a comprehensive review of the administrative legal dispute between petitioner Charles P. Mandela and respondent Blue Ridge Estates Homeowners Association of Coconino County. The case revolves around Mr. Mandela’s multiple attempts to gain approval for a patio structure on his property and the subsequent legal proceedings. The material is drawn from two Administrative Law Judge Decisions, dated November 6, 2018, and February 28, 2019.
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Instructions: Answer the following questions in 2-3 complete sentences, drawing your information directly from the provided case documents.
1. What were the three distinct requests Mr. Mandela submitted to the Blue Ridge Estates HOA, and what was the outcome of each?
2. Explain the HOA’s rule regarding detached structures and why Mr. Mandela’s third request for a detached patio was denied under this rule.
3. On what grounds did the HOA deny Mr. Mandela’s second request to attach a cedar patio shade to his home?
4. What was Mr. Mandela’s primary allegation in his initial petition filed with the Department of Real Estate on July 31, 2018?
5. How do the Blue Ridge rules define a “temporary structure,” and why did the Administrative Law Judge conclude Mr. Mandela’s proposed patio fell into this category?
6. Describe Mr. Mandela’s discrimination argument regarding the HOA’s policy on play structures.
7. What is the legal standard of proof the petitioner was required to meet in this case, and what does this standard mean?
8. Mr. Mandela cited a prior administrative law judge decision to support his case. What was his interpretation of that decision, and how did the presiding judge respond to this line of argument?
9. Who is Joseph Hancock, and what key pieces of testimony did he provide on behalf of the HOA during the rehearing?
10. According to the CC&Rs, what is the procedural difference between amending the Declaration (the CC&Rs themselves) versus adopting new “Rules and Regulations”?
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Answer Key
1. Mr. Mandela first submitted a “Play Structure Approval Request” for a 150-square-foot patio, which was denied for exceeding the 80-square-foot size limit for such structures. His second request was to attach a cedar patio shade to his home, which was denied due to incomplete information and a lack of adequate plans. His third request was for a detached 150-square-foot patio structure, which was denied because he already had another detached structure on his property.
2. According to CC&Rs § 3.1(A) and Architectural Committee regulation 3(D), a property is permitted to have only one detached structure. Mr. Mandela’s third request was denied because it was undisputed that he already had a tool shed on his property. The proposed detached patio would have constituted a prohibited second detached structure.
3. The HOA denied the request to attach the patio shade because Mr. Mandela submitted incomplete information and failed to provide sufficient plans. The HOA requested detailed elevation drawings showing construction methods, dimensions, foundation details, and attachment methods, which Mr. Mandela did not provide.
4. In his petition of July 31, 2018, Mr. Mandela alleged that the Blue Ridge HOA had violated CC&Rs § 3.1(a). His specific claim was that the HOA discriminated against him by denying his request to place a patio structure in his backyard while allowing another member to erect a Tuff Shed.
5. The Architectural Committee rules define a temporary structure as one “without a cement or block foundation to which the structure or building is permanently attached.” The judge concluded the proposed patio was a temporary structure because Mr. Mandela planned to use concrete pavers, which, according to the credible testimony of Joseph Hancock, are not the equivalent of a permanent cement or block foundation.
6. Mr. Mandela argued that the modified rule allowing a second detached play structure (up to 80 sq ft) violates CC&R 3.1 because it discriminates against people who do not have children. He asserted the policy was unfair because he wanted to build the structure for his mother to rest outside, not for children’s play.
7. The petitioner, Mr. Mandela, had the burden of proof to establish his claim by a “preponderance of the evidence.” This standard is defined as evidence that has the most convincing force and is sufficient to incline a fair and impartial mind to one side of an issue rather than the other, meaning the contention is more probably true than not.
8. Mr. Mandela argued that a prior administrative law judge decision had found that a “detached structure” under Blue Ridge CC&Rs is a structure that can be easily converted into a second residence, which his patio could not. The presiding judge dismissed this by stating that Mr. Mandela misinterpreted the prior ruling and, more importantly, that prior administrative law judge decisions are not binding precedent for future decisions.
9. Joseph Hancock is the Vice President of the Blue Ridge HOA and a former general, electrical, and HVAC contractor. He testified that concrete pavers are not equivalent to a cement or block foundation, that Mr. Mandela’s plans for attaching the structure were insufficient, and that he had investigated lots Mr. Mandela cited for alleged violations and found none.
10. According to the CC&Rs, adopting, amending, or repealing “Rules and Regulations” can be done by a majority vote of the Board (§ 4.2). In contrast, amending the Declaration of CC&Rs themselves is a much more stringent process, requiring the affirmative vote or written consent of members owning at least seventy-five percent (75%) of all lots (§ 12.2).
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Essay Questions
Instructions: The following questions are designed for a more in-depth analysis of the case. Formulate your answers in a standard essay format, using specific evidence from the source documents to support your arguments.
1. Analyze the progression of Mr. Mandela’s three distinct requests to the HOA. How did the denial of his first request (as a “Play Structure”) appear to influence his subsequent applications and legal arguments?
2. Discuss the concept of “burden of proof” as it applies in this case. Explain why Mr. Mandela ultimately failed to convince the Administrative Law Judge that the HOA violated its own rules, citing specific examples of his failed arguments (e.g., the temporary structure definition, claims of selective enforcement, and the adequacy of his submitted plans).
3. Examine the distinction made in the Blue Ridge Estates governing documents between the core CC&Rs and the “Rules and Regulations” adopted by the Board. How did this distinction allow the HOA to have a rule permitting a second “play structure” while the main CC&Rs seem to limit properties to a single residence and one other detached structure (a garage)?
4. The HOA denied Mr. Mandela’s request for an attached structure due to “incomplete information.” Based on the evidence presented in the decisions, evaluate the reasonableness of the HOA’s request for detailed plans versus Mr. Mandela’s assertion that he had provided sufficient information for approval.
5. Trace Mr. Mandela’s various claims of unfair treatment, including selective enforcement (the Tuff Shed), discrimination (the play structure rule), and his interpretation of key terms like “detached structure.” For each claim, explain the HOA’s counter-position or the Administrative Law Judge’s final conclusion.
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Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
An independent judge who presides over administrative hearings for state agencies, such as the one between Mr. Mandela and the HOA. In this case, the ALJ was Velva Moses-Thompson.
Architectural Committee
A committee within the HOA granted authority by CC&R § 10.2 to approve or deny proposed construction and promulgate regulations aligned with the CC&Rs. It denied all of Mr. Mandela’s requests.
Burden of Proof
The legal obligation of a party in a dispute to provide sufficient evidence to prove their claim. In this case, the petitioner (Mr. Mandela) bore the burden of proof.
Covenants, Conditions, and Restrictions. These are the primary governing documents for the Blue Ridge Estates community, outlining land use, permitted structures, and rules members must follow.
Detached Structure
A building or structure on a property that is separate from the main single-family residence. According to Architectural Committee regulation 3(D), only one such structure is permitted per lot.
Petitioner
The party who files a petition initiating a legal action. In this case, Charles P. Mandela is the petitioner.
Play Structure
A structure defined by the HOA’s modified rules to include items like Swing Sets, Jungle Gyms, Tree Houses, and Ground Placed Play Houses/Forts. Play Houses/Forts and Tree Houses are limited to 80 square feet.
Preponderance of the Evidence
The standard of proof required in this case. It is defined as “proof as convinces the trier of fact that the contention is more probably true than not,” representing the greater weight of the evidence.
Respondent
The party against whom a petition is filed. In this case, the Blue Ridge Estates Homeowners Association is the respondent.
Rules and Regulations
Rules that can be adopted, amended, or repealed by a majority vote of the HOA Board, as distinct from the CC&Rs which require a 75% vote of all lot owners to amend. The “Play Structure” rules are an example.
Temporary Structure
As defined by the Architectural Committee regulations, a structure “without a cement or block foundation to which the structure or building is permanently attached.” Such structures are prohibited by CC&R § 3.6.
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19F-H1918006-REL-RHG
2 sources
These sources document two decisions from the Office of Administrative Hearings concerning a dispute between Charles P. Mandela and the Blue Ridge Estates Homeowners Association (HOA). The first document presents the initial Administrative Law Judge (ALJ) Decision which denied Mr. Mandela’s petition, finding he failed to prove the HOA violated its governing documents by denying his request to build a patio structure. The second document is the ALJ Decision following a rehearing, which reaffirms the initial denial, concluding that Mr. Mandela’s proposed structure was either a prohibited second detached structure or a temporary structure lacking a proper foundation, and that he failed to provide sufficient plans for an attached structure. Both sources establish that Mr. Mandela did not meet his burden of proof to show the HOA discriminated against him or otherwise violated the Covenants, Conditions, and Restrictions (CC&Rs).
Based on 2 sources
Case Participants
Petitioner Side
- Charles P. Mandela (petitioner)
Respondent Side
- Paul Frame (HOA attorney)
FRAME LAW PLLC - John Hart (HOA Chairman)
Blue Ridge Estates Homeowners Association
Reviewed petitioner's requests - Joseph Hancock (HOA Vice President, witness)
Blue Ridge Estates Homeowners Association
Presented testimony
Neutral Parties
- Velva Moses-Thompson (ALJ)
OAH - Judy Lowe (ADRE Commissioner)
Arizona Department of Real Estate
Recipient of transmitted decision
Other Participants
- Felicia Del Sol (administrative staff)
Transmitted decision electronically