Jeremy R Whittaker v. The Val Vista Lake Community Association (ROOT)

Case Summary

Case ID 25F-H045-REL; 25F-H054-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-08-08
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $1,000.00

Parties & Counsel

Petitioner Jeremy R. Whittaker Counsel
Respondent The Val Vista Lakes Community Association Counsel Joshua M. Bolen, Esq.

Alleged Violations

A.R.S. § 33-1805
A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge granted both consolidated petitions (25F-H045-REL and 25F-H054-REL), finding that Respondent, The Val Vista Lakes Community Association, violated A.R.S. § 33-1805(A) by wrongfully withholding requested documents and failing to respond to records requests. Respondent was ordered to follow A.R.S. § 33-1805(A) for all pending and future requests, reimburse the Petitioner the total filing fees of $1000.00, and pay a total civil penalty of $1000.00.

Key Issues & Findings

Violation regarding failure to provide association records (Policies/Legal)

Petitioner alleged Respondent violated A.R.S. § 33-1805 by failing to provide requested records (including those regarding records policy and attorney fee information) within the ten-business-day deadline, and by conditioning production on an unenforceable ‘Records Request Form’. The tribunal found Val Vista wrongfully withheld the documents and violated the statute.

Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01

Violation regarding failure to provide financial records (Bank Statements)

Petitioner alleged Respondent violated A.R.S. § 33-1805(A) by failing to provide requested operating and reserve bank statements. Val Vista failed to respond to the request. The tribunal found the failure to respond unacceptable and in violation of the statute.

Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01

Analytics Highlights

Topics: HOA Records Request, Failure to Produce Documents, Statutory Violation, Civil Penalty, Filing Fee Refund, Consolidated Cases
Additional Citations:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02
  • Title 33, Chapter 16, Article 1

Video Overview

Audio Overview

Decision Documents

25F-H045-REL Decision – 1315733.pdf

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25F-H045-REL Decision – 1316066.pdf

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25F-H045-REL Decision – 1316100.pdf

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25F-H045-REL Decision – 1316101.pdf

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25F-H045-REL Decision – 1318153.pdf

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25F-H045-REL Decision – 1324339.pdf

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25F-H045-REL Decision – 1324343.pdf

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25F-H045-REL Decision – 1324372.pdf

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25F-H045-REL Decision – 1328416.pdf

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25F-H045-REL Decision – 1337742.pdf

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25F-H045-REL Decision – 1342973.pdf

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Briefing Doc – 25F-H045-REL


Briefing Document: Whittaker v. The Val Vista Lake Community Association

Executive Summary

This document summarizes the administrative legal proceedings and final judgment in the consolidated cases of Jeremy R. Whittaker v. The Val Vista Lake Community Association. The core of the dispute centered on the association’s failure to comply with member records requests, a direct violation of Arizona state law. The Office of Administrative Hearings (OAH) ruled decisively in favor of the Petitioner, Jeremy R. Whittaker, finding that The Val Vista Lake Community Association (Val Vista) wrongfully withheld documents and failed to respond to legitimate requests within the statutory timeframe.

The Administrative Law Judge (ALJ) rejected Val Vista’s defense, which included claims that the relevant statute was outdated and that the association’s internal “Records Policy” justified its non-compliance. The judge’s decision labeled the association’s failure to respond as “simply unacceptable.” Consequently, the OAH ordered Val Vista to comply with the law for all current and future requests, reimburse the Petitioner for $1,000 in filing fees, and pay an additional $1,000 in civil penalties. A subsequent clarification order explicitly extended the compliance mandate to “all pending and future requests,” solidifying the prospective impact of the ruling.

Case Overview

The matter involves two separate petitions filed by a homeowner against a homeowners’ association, which were later consolidated by the OAH for judicial economy.

Entity / Individual

Petitioner

Jeremy R. Whittaker (Appeared on his own behalf)

Respondent

The Val Vista Lake Community Association (Val Vista)

Respondent’s Counsel

Joshua M. Bolen, Esq., CHDB Law LLP

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding ALJs

Velva Moses-Thompson (pre-hearing motions), Adam D. Stone (hearing and final decision)

Overseeing Agency

Arizona Department of Real Estate

Consolidated Dockets

25F-H045-REL and 25F-H054-REL

Procedural History and Key Rulings

The case progressed through a series of motions and orders leading to a final evidentiary hearing and decision.

Case Consolidation (June 10, 2025): Petitioner’s motion to consolidate docket No. 25F-H054-REL with No. 25F-H045-REL was granted. The hearing for the consolidated matter was scheduled for 9:00 a.m. on July 15, 2025.

Motions Denied (June 10, 2025): In the same order, a motion for summary judgment was denied, and a motion to quash a subpoena for Bryan Patterson was denied as moot, allowing the Petitioner to file a new subpoena for the revised hearing date.

Virtual Appearance (June 10, 2025): The Respondent’s motion for a virtual appearance at the hearing via Google Meet was granted.

Subpoena Rulings:

Bryan Patterson (June 17 & July 1, 2025): The OAH granted a subpoena requiring the appearance of Bryan Patterson but denied the request for the production of documents listed as 2a through 2d. A subsequent motion to quash a new subpoena (dated June 25, 2025) was partially granted; Patterson was still required to appear but not to produce the specified documents.

Tamara Swanson (July 1, 2025): A June 5, 2025 subpoena was partially quashed. Tamara Swanson was ordered to appear at the hearing but was not required to produce documents listed as 2a through 2d.

Disqualification of Counsel Denied (July 1, 2025): Petitioner filed a motion to disqualify CHDB Law, LLP as counsel for the Respondent, which the OAH denied.

Evidentiary Hearing (July 15, 2025): The consolidated hearing was held before ALJ Adam D. Stone. The record was held open until July 24, 2025, to allow both parties to submit written closing arguments.

Final Decision (August 8, 2025): ALJ Adam D. Stone issued a final decision in favor of the Petitioner.

Order Clarification (August 26, 2025): Upon the Petitioner’s Motion for Clarification, the ALJ modified the decision’s language to ensure future compliance from the Respondent.

Analysis of Records Requests and Disputes

The dispute originated from three separate, comprehensive records requests made by the Petitioner to which the Respondent, Val Vista, failed to provide documents or a substantive response.

Case 25F-H045-REL: Records Policy and Legal Fees

This case encompassed two records requests made on February 27, 2025. The official dispute was summarized in the Notice of Hearing:

“Petitioner alleges Respondent of violating, ‘A.R.S. § 33-1805 by failing to provide the requested records with the ten-business-day statutory deadline, conditioning production on a legally unenforceable ‘Records Request Form’, and withholding critical attorney fee information-particularly troubling given its counsel’s documented disciplinary history for inflated or misleading HOA fee practices.'”

Requested Documents (February 27, 2025):

1. Records Retention and Request Policy: The final, fully executed version of the policy adopted around February 25, 2025, including all exhibits and attachments.

2. Meeting Minutes: Draft or final minutes from the February 25, 2025, Board meeting discussing the adoption of the policy.

3. Legal Services Records:

◦ Current and past legal services agreements and retainers.

◦ Attorney rate schedules and fee structures.

◦ Invoices, billing statements, and payment records (with legally permitted redactions).

◦ Board meeting minutes discussing attorney engagement or retention.

◦ RFPs or other bid solicitations related to retaining legal counsel.

◦ Conflict-of-interest disclosures or waivers concerning the law firm.

◦ Any other records detailing the contractual or advisory relationship.

Case 25F-H054-REL: Financial Records

This case stemmed from a request made on March 21, 2025. The Notice of Hearing defined the dispute:

“Petitioner alleges Respondent of violating, A.R.S. § 33-1805(A), ‘by failing to provide the requested bank statements and FSR-related communications, and is operating in ongoing breach or its statutory obligations.’”

Requested Documents (March 21, 2025):

1. Operating Bank Statements: Complete monthly statements for all operating/checking accounts from January 1, 2024, to the present.

2. Reserve Account Statements: All monthly or quarterly statements for reserve accounts from January 1, 2024, to the present.

For both cases, the final decision confirmed that “No documents have been turned over by Val Vista.”

Final Administrative Law Judge Decision

The ALJ’s final decision on August 8, 2025, provided a clear resolution to the disputes, finding definitively against Val Vista.

Summary of Arguments

Petitioner’s Position: Argued that Val Vista failed to produce the requested records within the statutory timeline and had no authority to compel the use of a specific records request form or to ignore a request not submitted on that form.

Respondent’s Position: Argued that A.R.S. § 33-1805 was “outdated and misunderstood” and that it only had ten days to provide copies after an examination of records occurred. Val Vista claimed it created its Records Policy to streamline previously broad requests from members and that some requested documents were privileged.

Conclusions of Law

The ALJ found that the Petitioner met the burden of proving by a preponderance of the evidence that Val Vista violated A.R.S. § 33-1805.

Wrongful Withholding: The central conclusion was that “Val Vista wrongfully withheld the requested documents.”

Failure to Respond: The decision stated that Val Vista’s lack of any response was unacceptable. Even if documents were privileged, they “could have properly been withheld and/or redacted.”

Invalid Justification: The fact that the second request was not made on Val Vista’s preferred form “does not excuse Val Vista from at a minimum responding.” The Petitioner’s written request complied with the statute.

Unacceptable Conduct: The ALJ concluded, “No response by Val Vista was simply unacceptable, and in violation of the statute.”

Final Order and Penalties

The OAH granted both of the Petitioner’s petitions and imposed the following orders and penalties:

Case Docket

Filing Fee Reimbursement

Civil Penalty

25F-H045-REL

Granted; Respondent must follow A.R.S. § 33-1805(A).

$500.00

$500.00

25F-H054-REL

Granted; Respondent must follow A.R.S. § 33-1805(A).

$500.00

$500.00

$1,000.00

$1,000.00

The total financial judgment against The Val Vista Lake Community Association was $2,000.00.

Post-Decision Clarification

On August 26, 2025, in response to a Motion for Clarification from the Petitioner, ALJ Adam D. Stone issued a modifying order. The order strengthened the original decision by stating:

“IT IS ORDERED that the Administrative Law Judge Decision shall be modified to read, ‘Respondent shall follow the A.R.S. § 33-1805(A) for all pending and future requests.'”

This clarification ensures that the ruling is not limited to the specific past violations but establishes a clear, forward-looking mandate for the association’s compliance with state law regarding member access to records.


Case Participants

Petitioner Side

  • Jeremy R. Whittaker (petitioner)
    Appeared on his own behalf

Respondent Side

  • Josh Bolen (attorney)
    CHDB Law LLP
    Also referred to as Joshua M. Bolen, Esq.; Represented Respondent
  • Vicki Goslin (staff)
    CHDB Law LLP
    Listed as a recipient for transmission

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
    Signed orders dated June 10 and July 1
  • Adam D. Stone (ALJ)
    OAH
    Signed Order Holding Record Open and Administrative Law Judge Decision/Modification
  • Susan Nicolson (Commissioner)
    ADRE
  • vnunez (ADRE staff/recipient)
    ADRE
  • djones (ADRE staff/recipient)
    ADRE
  • labril (ADRE staff/recipient)
    ADRE
  • mneat (ADRE staff/recipient)
    ADRE
  • lrecchia (ADRE staff/recipient)
    ADRE
  • gosborn (ADRE staff/recipient)
    ADRE

Other Participants

  • Bryan Patterson (witness)
    Subject of motions to quash subpoena
  • Tamara Swanson (witness)
    Subject of motion to quash subpoena

Michele Beauchamp V. The Villages at Rio Paseo Condominium

Case Summary

Case ID 24F-H051-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-07-18
Administrative Law Judge Samuel Fox
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michele Beauchamp Counsel
Respondent The Villages at Rio Paseo Condominium Association Counsel Beth Mulcahy, Esq.

Alleged Violations

ARS 33-1213, ARS 33-1242, ARS 33-1248, ARS 33-1258

Outcome Summary

Petitioner was deemed the prevailing party regarding the alleged code of conduct violation because the code was not properly enacted when the violation occurred. The Respondent was ordered to refund the $500.00 filing fee and comply with community documents going forward.

Key Issues & Findings

Petitioner's alleged violation of the Respondent’s code of conducted based on Petitioner’s conduct at a board meeting on December 14, 2020

Whether the violation and associated fine issued to the Petitioner based on her conduct at a December 14, 2020 board meeting were proper, given that the code of conduct governing the violation was not properly enacted at that time.

Orders: Respondent ordered to pay Petitioner the filing fee of $500.00 and directed to comply with the requirements of its Community Documents going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 32-2199
  • 32-2199.01
  • 32-2199.02
  • 41-1092.09
  • 33-1213
  • 33-1242
  • 33-1248
  • 33-1258

Analytics Highlights

Topics: HOA Dispute, Code of Conduct, Violation, Procedural Compliance, Condominium Law, Filing Fee Refund
Additional Citations:

  • 32-2199
  • 32-2199.01
  • 32-2199.02
  • 33-1213
  • 33-1242
  • 33-1248
  • 33-1258
  • 41-1092.09

Decision Documents

24F-H051-REL Decision – 1189617.pdf

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24F-H051-REL Decision – 1192167.pdf

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George Wolchko v. Victoria Manor Management & Property Owners Association

Case Summary

Case ID 25F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-05
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner George Wolchko Counsel
Respondent Victoria Manor Management & Property Owners Association Counsel Christopher Duren

Alleged Violations

A.R.S. § 33-1805
Bylaws, Article III, Section 4
CC&Rs, Section 4.04
Bylaws, Article IV, Section 1

Outcome Summary

The Petitioner prevailed on three of the four issues: Violation of AZ Law on Delivery of Community Documents (A.R.S. § 33-1805), Failure to Uphold CCRs Regarding Common Wall Repairs (Bylaws/CC&R violation), and operating with fewer than the minimum required number of board members (Bylaws violation). The Petitioner did not prevail on the issue regarding the Failure to Hold a Special HOA Meeting.

Why this result: Petitioner's request for an “emergency meeting” regarding the wall repair was deemed technically insufficient to qualify as a formal 'special meeting' petition under the Bylaws.

Key Issues & Findings

Violation of AZ Law on Delivery of Community Documents

The HOA failed to provide the Kachina Management contract within the required ten business days for examination or copies, despite numerous requests.

Orders: Respondent failed to comply with A.R.S. § 33-1805 by not making documents available for examination within ten business days of request.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • Bylaws, Article X
  • CC&Rs, Section 9.07

Failure to Hold a Special HOA Meeting

The HOA failed to hold a special meeting requested by a valid petition signed by 25% of members, concerning common wall damage.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(A)
  • Bylaws, Article III, Section 4

Failure to Uphold CCRs Regarding Common Wall Repairs

The HOA refused to repair a common wall designated as a Common Element after damage was caused by an HOA-sanctioned electrician, failing their maintenance obligation.

Orders: The Board failed to maintain a Common Element (electrical conduit/wall area) in good repair after its hired contractor caused damage, violating Bylaws and CC&R obligations.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1803(A)

Violations of HOA Elections Procedures and Community Documents (Failure to seat required number of board members)

The HOA Board violated governing documents by operating with only two members, failing to maintain the minimum required number of three directors.

Orders: Respondent violated Bylaws Article IV, Section 1 by not maintaining a Board of Directors composed of no fewer than three persons.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 5.03

Analytics Highlights

Topics: HOA governance, Document request, Board composition, Common elements maintenance, Filing fee refund, Civil penalty
Additional Citations:

  • A.R.S. § 33-1805
  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1804(A)




Briefing Doc – 25F-H025-REL


Briefing Document: Wolchko v. Victoria Manor Management & Property Owners Association

Executive Summary

This document synthesizes the key proceedings, arguments, and outcomes of the administrative case George Wolchko v. Victoria Manor Management & Property Owners Association, Case No. 25F-H025-REL, adjudicated by the Arizona Office of Administrative Hearings. The Petitioner, George Wolchko, a homeowner, filed a four-issue petition against the Respondent, his Homeowners Association (HOA), alleging violations of Arizona statutes and the community’s governing documents.

The hearing, held on April 14, 2025, resulted in a mixed but largely favorable outcome for the Petitioner. The Administrative Law Judge (ALJ) found the HOA in violation on three of the four claims:

1. Failure to Provide Documents: The HOA violated A.R.S. § 33-1805 by not making its management contract with Kachina Management available within the legally mandated ten-business-day period.

2. Failure to Repair Common Wall: The HOA violated its own Bylaws and CC&Rs by failing its duty to maintain and repair a common element (an exterior wall and electrical conduit) after its hired contractor performed improper work, leaving a hole that was not weatherproof.

3. Failure to Fill Board Vacancy: The HOA violated its Bylaws, which mandate a board of no fewer than three members, by operating with only two directors since October 2024.

The HOA prevailed on one claim, Failure to Hold a Special Meeting, as the ALJ determined the Petitioner’s request, while clear in intent, was technically deficient under the Bylaws. The final order deemed Mr. Wolchko the prevailing party on three issues, ordering the HOA to reimburse him $1,500.00 in filing fees, to comply with community documents going forward, and levying a civil penalty of $150.00 against the Association.

Case Overview

Case Number

25F-H025-REL

Jurisdiction

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Samuel Fox

Hearing Date

April 14, 2025

Petitioner

George Wolchko

Respondent

Victoria Manor Management & Property Owners Association

Respondent’s Counsel

Christopher Duren (of Gottlieb Law, PLC)

Key Parties and Witnesses

George Wolchko: The Petitioner, owner of a home in the Victoria Manor community since 2018 and a former board member (2018-2023). Testified on his own behalf.

Victoria Manor Management & Property Owners Association: The Respondent, a planned community in Mesa, Arizona, consisting of eight units and seven owners.

Joseph Kidd: A current HOA board member, serving since November 2022. Testified for the Respondent.

Michael Mott: A current HOA board member. Was present at the hearing but did not testify.

Kachina Management, Inc.: The HOA’s management company, contracted in April 2024.

Chris Jones: Elected to the board in September 2024 but resigned shortly thereafter, creating the board vacancy at the heart of Claim 4.

Analysis of Claims, Evidence, and Findings

Claim 1: Violation of AZ Law on Delivery of Community Documents

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1805 and its governing documents by failing to provide a copy of the Kachina Management contract despite numerous requests beginning in May 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Made his first formal email request for the contract on May 6, 2024. He followed up on May 12 and May 26.

◦ The management company, Kachina, responded on May 29, offering an in-person review on June 3 or 4.

◦ Wolchko testified that driving 45 minutes each way was not a “reasonably available” means of access, especially when a digital copy existed and he travels internationally. He noted the CC&Rs explicitly allow for delivery by mail.

◦ After canceling an in-person appointment due to an emergency, his repeated requests for a digital or mailed copy were met with insistence on in-person review.

◦ The contract was finally produced in February 2025, nearly a year after the initial request and only after the petition was filed.

Respondent’s Position:

◦ Argued that by offering in-person inspection at their office, they fulfilled their statutory obligation to make records “reasonably available for examination.”

◦ Emails from Kachina Management to Wolchko confirmed they had prepared the documents for his review on the dates offered. They stated Wolchko canceled the appointment and never rescheduled.

ALJ’s Finding: Violation Found. The ALJ concluded that more than ten business days passed between the initial request on May 6, 2024, and the date the documents were made available for examination on June 3, 2024. This delay constituted a failure to comply with A.R.S. § 33-1805.

Claim 2: Failure to Hold a Special HOA Meeting

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1804(A) and its Bylaws by failing to hold a special meeting requested via a valid petition signed by 25% of the members (Wolchko and Terrance Greer).

Petitioner’s Testimony & Evidence (Wolchko):

◦ Submitted a formal, signed request on June 19, 2024, to hold an “emergency HOA meeting to address repairs on a community common wall.”

◦ He argued this was a valid petition for a special meeting and that the Board ignored it.

◦ The Respondent falsely claimed the meeting was held during the September annual meeting, but the annual meeting notice and minutes contained no mention of the special meeting’s purpose.

Respondent’s Position:

◦ Argued the request was for an “emergency meeting,” which, under statute, can only be called by the Board of Directors, not by member petition.

◦ Contended there is no provision in the governing documents for 25% of members to call an emergency meeting.

◦ Noted that at the annual meeting in September, Wolchko was explicitly asked if he had any issues to discuss and he declined.

ALJ’s Finding: No Violation. The ALJ found that although the intent was clearly to request a special meeting, the petition was technically deficient. It used the term “emergency meeting,” did not include a place for the meeting, and did not use the phrase “special meeting.” While a “mere technicality,” this was sufficient to deem the petition ineffective. The Respondent was deemed the prevailing party on this issue.

Claim 3: Failure to Uphold CCRs Regarding Common Wall Repairs

Petitioner’s Allegation: The HOA failed its duty to repair a common wall damaged by its own electrician in February 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ In February 2024, an HOA-hired contractor, Blue State Electric, performed work on an electrical conduit on his building’s exterior wall, which the board had previously designated a “true common area” with shared 50/50 maintenance costs.

◦ The work left a hole filled with foam that was not watertight. His immediate notification on March 15, 2024, was dismissed by board member Joseph Kidd, who claimed the hole was a pre-existing condition exposed by the work and therefore not the HOA’s responsibility.

◦ After months of the board refusing to act, he investigated the box himself, discovering an HOA wire running through his wall. He stated he only touched the box to prove it was an HOA issue after being told to “deal with it myself.”

◦ He disputed the validity of an $1,867 invoice from a second contractor (Canyon State), stating it was solicited by the board to blame him for damage he did not cause.

Respondent’s Testimony & Evidence (Kidd):

◦ The electrical box and conduit are common elements that serve four buildings.

◦ Wolchko is not a licensed Arizona electrician and had no authorization to touch the common element.

◦ Kidd testified that after Wolchko sent a video of himself pulling the box out, the board hired Canyon State to inspect it.

◦ He acknowledged offering to help Wolchko patch the stucco but denied authorizing any electrical work.

ALJ’s Finding: Violation Found. The ALJ determined that the preponderance of evidence supported that the “Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing.” Because the wall and electrical conduit were common elements, the board had a duty to maintain them in good repair. The board “declined to correct the problem its contractor caused,” thus violating the Bylaws and CC&Rs.

Claim 4: Failure to Maintain Required Number of Board Members

Petitioner’s Allegation: The HOA violated its Bylaws (Article IV, Section 1), which require a board of “no less than three (3) persons,” by operating with only two members.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Following the September 19, 2024 election, three members were elected: Joseph Kidd, Michael Mott, and Chris Jones.

◦ Chris Jones resigned almost immediately, leaving the board with two members.

◦ He argued that while the bylaws state a vacancy “may be filled” by the remaining directors, this grants authority, it does not waive the fundamental requirement of having at least three members.

◦ He noted that two other owners (himself and Terrance Greer), representing 25% of the HOA, were willing to serve, so the vacancy could be filled.

Respondent’s Testimony & Evidence (Kidd):

◦ Confirmed Jones resigned by early October 2024.

◦ Stated the board reached out to other members who expressed no interest in serving.

◦ Testified that Kachina Management advised them that filling the seat was at their discretion.

◦ The Respondent’s legal argument was that the Bylaw’s use of the word “may” (“may be filled”) makes filling the vacancy optional, not mandatory.

ALJ’s Finding: Violation Found. The ALJ was “not persuasive” by the Respondent’s argument. The decision states: “This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.” The preponderance of evidence established that the HOA violated its Bylaws by not having enough Board members.

Final Decision and Order

Prevailing Party: George Wolchko was deemed the prevailing party on Petition Issues 1, 3, and 4. Victoria Manor was deemed the prevailing party on Issue 2.

Reimbursement: The Respondent was ordered to pay the Petitioner $1,500.00 for filing fees within thirty days.

Compliance: The Respondent was directed to “comply with the requirements of its Community Documents going forward.”

Civil Penalty: A civil penalty of $150.00 was levied against the Respondent.

Decision Date: May 5, 2025.


Questions

Question

How long does the HOA have to provide records after I request them?

Short Answer

The HOA has ten business days to fulfill a request to examine or provide copies of records.

Detailed Answer

Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.

Alj Quote

A.R.S. § 33-1805 provides an association 'ten business days to fulfill a request for examination' or 'to provide copies of the requested records.' … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can homeowners call an 'emergency meeting' regarding repairs?

Short Answer

Generally, no. Homeowners should request a 'special meeting' instead, as 'emergency meetings' are typically reserved for the Board.

Detailed Answer

While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an 'emergency meeting' was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request 'special meetings'.

Alj Quote

In the context of the communications about this meeting, it is clear that Petitioner was requesting a 'special meeting' not an 'emergency meeting,' which can only be called by the Board.

Legal Basis

Bylaws

Topic Tags

  • meetings
  • procedure
  • homeowner rights

Question

What specific details must be included in a petition for a special meeting?

Short Answer

The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.

Detailed Answer

Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label ('special meeting')—can render a petition invalid, even if it has the required number of signatures.

Alj Quote

The petition did not include a place for the meeting, the topic to be discussed, or the phrase 'special meeting.' … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.

Legal Basis

Bylaws Article III, Section 4

Topic Tags

  • meetings
  • petitions
  • technicalities

Question

Is the HOA responsible if a contractor they hired does poor work on a common element?

Short Answer

Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.

Detailed Answer

If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.

Alj Quote

The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.

Legal Basis

Bylaws Article IV, Section 3; CC&R Section 4.05(2)

Topic Tags

  • maintenance
  • common elements
  • contractors

Question

Can the HOA Board operate with fewer members than the Bylaws require?

Short Answer

No. If the Bylaws state a minimum number of directors, the Board must maintain that number.

Detailed Answer

The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.

Alj Quote

Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.

Legal Basis

Bylaws Article IV, Section 1

Topic Tags

  • board composition
  • bylaws
  • vacancies

Question

Does a Bylaw saying a vacancy 'may be filled' mean the Board can choose to leave a seat empty?

Short Answer

No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.

Detailed Answer

HOAs cannot use the word 'may' in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.

Alj Quote

Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.

Legal Basis

Bylaws

Topic Tags

  • legal interpretation
  • board vacancies
  • bylaws

Question

If I win my hearing against the HOA, can I get my filing fee back?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.

Alj Quote

IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • reimbursement
  • fees
  • penalties

Question

Can the HOA be fined for these violations?

Short Answer

Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.

Detailed Answer

The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.

Alj Quote

A Civil Penalty of $150.00 is found to be appropriate in this matter.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • fines
  • civil penalty
  • enforcement

Case

Docket No

25F-H025-REL

Case Title

George Wolchko v. Victoria Manor Management & Property Owners Association

Decision Date

2025-05-05

Alj Name

Samuel Fox

Tribunal

OAH

Agency

ADRE

Questions

Question

How long does the HOA have to provide records after I request them?

Short Answer

The HOA has ten business days to fulfill a request to examine or provide copies of records.

Detailed Answer

Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.

Alj Quote

A.R.S. § 33-1805 provides an association 'ten business days to fulfill a request for examination' or 'to provide copies of the requested records.' … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can homeowners call an 'emergency meeting' regarding repairs?

Short Answer

Generally, no. Homeowners should request a 'special meeting' instead, as 'emergency meetings' are typically reserved for the Board.

Detailed Answer

While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an 'emergency meeting' was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request 'special meetings'.

Alj Quote

In the context of the communications about this meeting, it is clear that Petitioner was requesting a 'special meeting' not an 'emergency meeting,' which can only be called by the Board.

Legal Basis

Bylaws

Topic Tags

  • meetings
  • procedure
  • homeowner rights

Question

What specific details must be included in a petition for a special meeting?

Short Answer

The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.

Detailed Answer

Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label ('special meeting')—can render a petition invalid, even if it has the required number of signatures.

Alj Quote

The petition did not include a place for the meeting, the topic to be discussed, or the phrase 'special meeting.' … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.

Legal Basis

Bylaws Article III, Section 4

Topic Tags

  • meetings
  • petitions
  • technicalities

Question

Is the HOA responsible if a contractor they hired does poor work on a common element?

Short Answer

Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.

Detailed Answer

If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.

Alj Quote

The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.

Legal Basis

Bylaws Article IV, Section 3; CC&R Section 4.05(2)

Topic Tags

  • maintenance
  • common elements
  • contractors

Question

Can the HOA Board operate with fewer members than the Bylaws require?

Short Answer

No. If the Bylaws state a minimum number of directors, the Board must maintain that number.

Detailed Answer

The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.

Alj Quote

Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.

Legal Basis

Bylaws Article IV, Section 1

Topic Tags

  • board composition
  • bylaws
  • vacancies

Question

Does a Bylaw saying a vacancy 'may be filled' mean the Board can choose to leave a seat empty?

Short Answer

No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.

Detailed Answer

HOAs cannot use the word 'may' in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.

Alj Quote

Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.

Legal Basis

Bylaws

Topic Tags

  • legal interpretation
  • board vacancies
  • bylaws

Question

If I win my hearing against the HOA, can I get my filing fee back?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.

Alj Quote

IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • reimbursement
  • fees
  • penalties

Question

Can the HOA be fined for these violations?

Short Answer

Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.

Detailed Answer

The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.

Alj Quote

A Civil Penalty of $150.00 is found to be appropriate in this matter.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • fines
  • civil penalty
  • enforcement

Case

Docket No

25F-H025-REL

Case Title

George Wolchko v. Victoria Manor Management & Property Owners Association

Decision Date

2025-05-05

Alj Name

Samuel Fox

Tribunal

OAH

Agency

ADRE

George Wolchko v. Victoria Manor Management & Property Owners

Case Summary

Case ID 25F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-05
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner George Wolchko Counsel
Respondent Victoria Manor Management & Property Owners Association Counsel Christopher Duren

Alleged Violations

A.R.S. § 33-1805
Bylaws, Article III, Section 4
CC&Rs, Section 4.04
Bylaws, Article IV, Section 1

Outcome Summary

The Petitioner prevailed on three of the four issues: Violation of AZ Law on Delivery of Community Documents (A.R.S. § 33-1805), Failure to Uphold CCRs Regarding Common Wall Repairs (Bylaws/CC&R violation), and operating with fewer than the minimum required number of board members (Bylaws violation). The Petitioner did not prevail on the issue regarding the Failure to Hold a Special HOA Meeting.

Why this result: Petitioner's request for an “emergency meeting” regarding the wall repair was deemed technically insufficient to qualify as a formal 'special meeting' petition under the Bylaws.

Key Issues & Findings

Violation of AZ Law on Delivery of Community Documents

The HOA failed to provide the Kachina Management contract within the required ten business days for examination or copies, despite numerous requests.

Orders: Respondent failed to comply with A.R.S. § 33-1805 by not making documents available for examination within ten business days of request.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • Bylaws, Article X
  • CC&Rs, Section 9.07

Failure to Hold a Special HOA Meeting

The HOA failed to hold a special meeting requested by a valid petition signed by 25% of members, concerning common wall damage.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(A)
  • Bylaws, Article III, Section 4

Failure to Uphold CCRs Regarding Common Wall Repairs

The HOA refused to repair a common wall designated as a Common Element after damage was caused by an HOA-sanctioned electrician, failing their maintenance obligation.

Orders: The Board failed to maintain a Common Element (electrical conduit/wall area) in good repair after its hired contractor caused damage, violating Bylaws and CC&R obligations.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1803(A)

Violations of HOA Elections Procedures and Community Documents (Failure to seat required number of board members)

The HOA Board violated governing documents by operating with only two members, failing to maintain the minimum required number of three directors.

Orders: Respondent violated Bylaws Article IV, Section 1 by not maintaining a Board of Directors composed of no fewer than three persons.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 5.03

Analytics Highlights

Topics: HOA governance, Document request, Board composition, Common elements maintenance, Filing fee refund, Civil penalty
Additional Citations:

  • A.R.S. § 33-1805
  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1804(A)

Audio Overview

Decision Documents

25F-H025-REL Decision – 1268559.pdf

Uploaded 2026-01-23T18:15:49 (55.5 KB)

25F-H025-REL Decision – 1276022.pdf

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25F-H025-REL Decision – 1276027.pdf

Uploaded 2026-01-23T18:16:00 (7.3 KB)

25F-H025-REL Decision – 1282178.pdf

Uploaded 2026-01-23T18:16:05 (49.3 KB)

25F-H025-REL Decision – 1288973.pdf

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25F-H025-REL Decision – 1290761.pdf

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25F-H025-REL Decision – 1301417.pdf

Uploaded 2026-01-23T18:16:17 (224.5 KB)





Briefing Doc – 25F-H025-REL


Briefing Document: Wolchko v. Victoria Manor Management & Property Owners Association

Executive Summary

This document synthesizes the key proceedings, arguments, and outcomes of the administrative case George Wolchko v. Victoria Manor Management & Property Owners Association, Case No. 25F-H025-REL, adjudicated by the Arizona Office of Administrative Hearings. The Petitioner, George Wolchko, a homeowner, filed a four-issue petition against the Respondent, his Homeowners Association (HOA), alleging violations of Arizona statutes and the community’s governing documents.

The hearing, held on April 14, 2025, resulted in a mixed but largely favorable outcome for the Petitioner. The Administrative Law Judge (ALJ) found the HOA in violation on three of the four claims:

1. Failure to Provide Documents: The HOA violated A.R.S. § 33-1805 by not making its management contract with Kachina Management available within the legally mandated ten-business-day period.

2. Failure to Repair Common Wall: The HOA violated its own Bylaws and CC&Rs by failing its duty to maintain and repair a common element (an exterior wall and electrical conduit) after its hired contractor performed improper work, leaving a hole that was not weatherproof.

3. Failure to Fill Board Vacancy: The HOA violated its Bylaws, which mandate a board of no fewer than three members, by operating with only two directors since October 2024.

The HOA prevailed on one claim, Failure to Hold a Special Meeting, as the ALJ determined the Petitioner’s request, while clear in intent, was technically deficient under the Bylaws. The final order deemed Mr. Wolchko the prevailing party on three issues, ordering the HOA to reimburse him $1,500.00 in filing fees, to comply with community documents going forward, and levying a civil penalty of $150.00 against the Association.

Case Overview

Case Number

25F-H025-REL

Jurisdiction

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Samuel Fox

Hearing Date

April 14, 2025

Petitioner

George Wolchko

Respondent

Victoria Manor Management & Property Owners Association

Respondent’s Counsel

Christopher Duren (of Gottlieb Law, PLC)

Key Parties and Witnesses

George Wolchko: The Petitioner, owner of a home in the Victoria Manor community since 2018 and a former board member (2018-2023). Testified on his own behalf.

Victoria Manor Management & Property Owners Association: The Respondent, a planned community in Mesa, Arizona, consisting of eight units and seven owners.

Joseph Kidd: A current HOA board member, serving since November 2022. Testified for the Respondent.

Michael Mott: A current HOA board member. Was present at the hearing but did not testify.

Kachina Management, Inc.: The HOA’s management company, contracted in April 2024.

Chris Jones: Elected to the board in September 2024 but resigned shortly thereafter, creating the board vacancy at the heart of Claim 4.

Analysis of Claims, Evidence, and Findings

Claim 1: Violation of AZ Law on Delivery of Community Documents

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1805 and its governing documents by failing to provide a copy of the Kachina Management contract despite numerous requests beginning in May 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Made his first formal email request for the contract on May 6, 2024. He followed up on May 12 and May 26.

◦ The management company, Kachina, responded on May 29, offering an in-person review on June 3 or 4.

◦ Wolchko testified that driving 45 minutes each way was not a “reasonably available” means of access, especially when a digital copy existed and he travels internationally. He noted the CC&Rs explicitly allow for delivery by mail.

◦ After canceling an in-person appointment due to an emergency, his repeated requests for a digital or mailed copy were met with insistence on in-person review.

◦ The contract was finally produced in February 2025, nearly a year after the initial request and only after the petition was filed.

Respondent’s Position:

◦ Argued that by offering in-person inspection at their office, they fulfilled their statutory obligation to make records “reasonably available for examination.”

◦ Emails from Kachina Management to Wolchko confirmed they had prepared the documents for his review on the dates offered. They stated Wolchko canceled the appointment and never rescheduled.

ALJ’s Finding: Violation Found. The ALJ concluded that more than ten business days passed between the initial request on May 6, 2024, and the date the documents were made available for examination on June 3, 2024. This delay constituted a failure to comply with A.R.S. § 33-1805.

Claim 2: Failure to Hold a Special HOA Meeting

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1804(A) and its Bylaws by failing to hold a special meeting requested via a valid petition signed by 25% of the members (Wolchko and Terrance Greer).

Petitioner’s Testimony & Evidence (Wolchko):

◦ Submitted a formal, signed request on June 19, 2024, to hold an “emergency HOA meeting to address repairs on a community common wall.”

◦ He argued this was a valid petition for a special meeting and that the Board ignored it.

◦ The Respondent falsely claimed the meeting was held during the September annual meeting, but the annual meeting notice and minutes contained no mention of the special meeting’s purpose.

Respondent’s Position:

◦ Argued the request was for an “emergency meeting,” which, under statute, can only be called by the Board of Directors, not by member petition.

◦ Contended there is no provision in the governing documents for 25% of members to call an emergency meeting.

◦ Noted that at the annual meeting in September, Wolchko was explicitly asked if he had any issues to discuss and he declined.

ALJ’s Finding: No Violation. The ALJ found that although the intent was clearly to request a special meeting, the petition was technically deficient. It used the term “emergency meeting,” did not include a place for the meeting, and did not use the phrase “special meeting.” While a “mere technicality,” this was sufficient to deem the petition ineffective. The Respondent was deemed the prevailing party on this issue.

Claim 3: Failure to Uphold CCRs Regarding Common Wall Repairs

Petitioner’s Allegation: The HOA failed its duty to repair a common wall damaged by its own electrician in February 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ In February 2024, an HOA-hired contractor, Blue State Electric, performed work on an electrical conduit on his building’s exterior wall, which the board had previously designated a “true common area” with shared 50/50 maintenance costs.

◦ The work left a hole filled with foam that was not watertight. His immediate notification on March 15, 2024, was dismissed by board member Joseph Kidd, who claimed the hole was a pre-existing condition exposed by the work and therefore not the HOA’s responsibility.

◦ After months of the board refusing to act, he investigated the box himself, discovering an HOA wire running through his wall. He stated he only touched the box to prove it was an HOA issue after being told to “deal with it myself.”

◦ He disputed the validity of an $1,867 invoice from a second contractor (Canyon State), stating it was solicited by the board to blame him for damage he did not cause.

Respondent’s Testimony & Evidence (Kidd):

◦ The electrical box and conduit are common elements that serve four buildings.

◦ Wolchko is not a licensed Arizona electrician and had no authorization to touch the common element.

◦ Kidd testified that after Wolchko sent a video of himself pulling the box out, the board hired Canyon State to inspect it.

◦ He acknowledged offering to help Wolchko patch the stucco but denied authorizing any electrical work.

ALJ’s Finding: Violation Found. The ALJ determined that the preponderance of evidence supported that the “Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing.” Because the wall and electrical conduit were common elements, the board had a duty to maintain them in good repair. The board “declined to correct the problem its contractor caused,” thus violating the Bylaws and CC&Rs.

Claim 4: Failure to Maintain Required Number of Board Members

Petitioner’s Allegation: The HOA violated its Bylaws (Article IV, Section 1), which require a board of “no less than three (3) persons,” by operating with only two members.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Following the September 19, 2024 election, three members were elected: Joseph Kidd, Michael Mott, and Chris Jones.

◦ Chris Jones resigned almost immediately, leaving the board with two members.

◦ He argued that while the bylaws state a vacancy “may be filled” by the remaining directors, this grants authority, it does not waive the fundamental requirement of having at least three members.

◦ He noted that two other owners (himself and Terrance Greer), representing 25% of the HOA, were willing to serve, so the vacancy could be filled.

Respondent’s Testimony & Evidence (Kidd):

◦ Confirmed Jones resigned by early October 2024.

◦ Stated the board reached out to other members who expressed no interest in serving.

◦ Testified that Kachina Management advised them that filling the seat was at their discretion.

◦ The Respondent’s legal argument was that the Bylaw’s use of the word “may” (“may be filled”) makes filling the vacancy optional, not mandatory.

ALJ’s Finding: Violation Found. The ALJ was “not persuasive” by the Respondent’s argument. The decision states: “This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.” The preponderance of evidence established that the HOA violated its Bylaws by not having enough Board members.

Final Decision and Order

Prevailing Party: George Wolchko was deemed the prevailing party on Petition Issues 1, 3, and 4. Victoria Manor was deemed the prevailing party on Issue 2.

Reimbursement: The Respondent was ordered to pay the Petitioner $1,500.00 for filing fees within thirty days.

Compliance: The Respondent was directed to “comply with the requirements of its Community Documents going forward.”

Civil Penalty: A civil penalty of $150.00 was levied against the Respondent.

Decision Date: May 5, 2025.






Study Guide – 25F-H025-REL


{ “case”: { “docket_no”: “25F-H025-REL”, “case_title”: “George Wolchko v. Victoria Manor Management & Property Owners Association”, “decision_date”: “2025-05-05”, “alj_name”: “Samuel Fox”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “How long does the HOA have to provide records after I request them?”, “short_answer”: “The HOA has ten business days to fulfill a request to examine or provide copies of records.”, “detailed_answer”: “Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.”, “alj_quote”: “A.R.S. § 33-1805 provides an association ‘ten business days to fulfill a request for examination’ or ‘to provide copies of the requested records.’ … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “deadlines”, “HOA obligations” ] }, { “question”: “Can homeowners call an ’emergency meeting’ regarding repairs?”, “short_answer”: “Generally, no. Homeowners should request a ‘special meeting’ instead, as ’emergency meetings’ are typically reserved for the Board.”, “detailed_answer”: “While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an ’emergency meeting’ was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request ‘special meetings’.”, “alj_quote”: “In the context of the communications about this meeting, it is clear that Petitioner was requesting a ‘special meeting’ not an ’emergency meeting,’ which can only be called by the Board.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “meetings”, “procedure”, “homeowner rights” ] }, { “question”: “What specific details must be included in a petition for a special meeting?”, “short_answer”: “The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.”, “detailed_answer”: “Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label (‘special meeting’)—can render a petition invalid, even if it has the required number of signatures.”, “alj_quote”: “The petition did not include a place for the meeting, the topic to be discussed, or the phrase ‘special meeting.’ … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.”, “legal_basis”: “Bylaws Article III, Section 4”, “topic_tags”: [ “meetings”, “petitions”, “technicalities” ] }, { “question”: “Is the HOA responsible if a contractor they hired does poor work on a common element?”, “short_answer”: “Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.”, “detailed_answer”: “If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.”, “alj_quote”: “The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.”, “legal_basis”: “Bylaws Article IV, Section 3; CC&R Section 4.05(2)”, “topic_tags”: [ “maintenance”, “common elements”, “contractors” ] }, { “question”: “Can the HOA Board operate with fewer members than the Bylaws require?”, “short_answer”: “No. If the Bylaws state a minimum number of directors, the Board must maintain that number.”, “detailed_answer”: “The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.”, “alj_quote”: “Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.”, “legal_basis”: “Bylaws Article IV, Section 1”, “topic_tags”: [ “board composition”, “bylaws”, “vacancies” ] }, { “question”: “Does a Bylaw saying a vacancy ‘may be filled’ mean the Board can choose to leave a seat empty?”, “short_answer”: “No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.”, “detailed_answer”: “HOAs cannot use the word ‘may’ in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.”, “alj_quote”: “Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “legal interpretation”, “board vacancies”, “bylaws” ] }, { “question”: “If I win my hearing against the HOA, can I get my filing fee back?”, “short_answer”: “Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.”, “detailed_answer”: “In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.”, “alj_quote”: “IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.”, “legal_basis”: “Administrative Order”, “topic_tags”: [ “reimbursement”, “fees”, “penalties” ] }, { “question”: “Can the HOA be fined for these violations?”, “short_answer”: “Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.”, “detailed_answer”: “The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.”, “alj_quote”: “A Civil Penalty of $150.00 is found to be appropriate in this matter.”, “legal_basis”: “A.R.S. § 32-2199.02”, “topic_tags”: [ “fines”, “civil penalty”, “enforcement” ] } ] }






Blog Post – 25F-H025-REL


{ “case”: { “docket_no”: “25F-H025-REL”, “case_title”: “George Wolchko v. Victoria Manor Management & Property Owners Association”, “decision_date”: “2025-05-05”, “alj_name”: “Samuel Fox”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “How long does the HOA have to provide records after I request them?”, “short_answer”: “The HOA has ten business days to fulfill a request to examine or provide copies of records.”, “detailed_answer”: “Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.”, “alj_quote”: “A.R.S. § 33-1805 provides an association ‘ten business days to fulfill a request for examination’ or ‘to provide copies of the requested records.’ … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “deadlines”, “HOA obligations” ] }, { “question”: “Can homeowners call an ’emergency meeting’ regarding repairs?”, “short_answer”: “Generally, no. Homeowners should request a ‘special meeting’ instead, as ’emergency meetings’ are typically reserved for the Board.”, “detailed_answer”: “While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an ’emergency meeting’ was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request ‘special meetings’.”, “alj_quote”: “In the context of the communications about this meeting, it is clear that Petitioner was requesting a ‘special meeting’ not an ’emergency meeting,’ which can only be called by the Board.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “meetings”, “procedure”, “homeowner rights” ] }, { “question”: “What specific details must be included in a petition for a special meeting?”, “short_answer”: “The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.”, “detailed_answer”: “Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label (‘special meeting’)—can render a petition invalid, even if it has the required number of signatures.”, “alj_quote”: “The petition did not include a place for the meeting, the topic to be discussed, or the phrase ‘special meeting.’ … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.”, “legal_basis”: “Bylaws Article III, Section 4”, “topic_tags”: [ “meetings”, “petitions”, “technicalities” ] }, { “question”: “Is the HOA responsible if a contractor they hired does poor work on a common element?”, “short_answer”: “Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.”, “detailed_answer”: “If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.”, “alj_quote”: “The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.”, “legal_basis”: “Bylaws Article IV, Section 3; CC&R Section 4.05(2)”, “topic_tags”: [ “maintenance”, “common elements”, “contractors” ] }, { “question”: “Can the HOA Board operate with fewer members than the Bylaws require?”, “short_answer”: “No. If the Bylaws state a minimum number of directors, the Board must maintain that number.”, “detailed_answer”: “The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.”, “alj_quote”: “Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.”, “legal_basis”: “Bylaws Article IV, Section 1”, “topic_tags”: [ “board composition”, “bylaws”, “vacancies” ] }, { “question”: “Does a Bylaw saying a vacancy ‘may be filled’ mean the Board can choose to leave a seat empty?”, “short_answer”: “No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.”, “detailed_answer”: “HOAs cannot use the word ‘may’ in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.”, “alj_quote”: “Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “legal interpretation”, “board vacancies”, “bylaws” ] }, { “question”: “If I win my hearing against the HOA, can I get my filing fee back?”, “short_answer”: “Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.”, “detailed_answer”: “In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.”, “alj_quote”: “IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.”, “legal_basis”: “Administrative Order”, “topic_tags”: [ “reimbursement”, “fees”, “penalties” ] }, { “question”: “Can the HOA be fined for these violations?”, “short_answer”: “Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.”, “detailed_answer”: “The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.”, “alj_quote”: “A Civil Penalty of $150.00 is found to be appropriate in this matter.”, “legal_basis”: “A.R.S. § 32-2199.02”, “topic_tags”: [ “fines”, “civil penalty”, “enforcement” ] } ] }


Case Participants

Petitioner Side

  • George Wolchko (petitioner)
  • Terrance Greer (owner/petitioner supporter)
    Signed special meeting petition

Respondent Side

  • Christopher Duren (HOA attorney)
    GOTTLIEB LAW, PLC
    Appeared as counsel for Respondent; referenced as Mr. Duran/Durham
  • Joseph Kidd (board member/witness)
    Victoria Manor Management & Property Owners Association
  • Michael Mott (board member)
    Victoria Manor Management & Property Owners Association
  • Benjamin L. Gottlieb (HOA attorney)
    GOTTLIEB LAW, PLC
  • Mark Rounsaville (HOA representative)
    Kachina Management
    Also referred to as R. Mark Rounsaville; filed written answer for Respondent
  • Chris Jones (former board member)
    Victoria Manor Management & Property Owners Association
    Elected September 2024, resigned shortly thereafter
  • Ashley Love (property manager)
    Tri City Property Management
  • Deja Rabone (property manager)
    Tri City Property Management
  • Amy (law firm staff)
    GOTTLIEB LAW, PLC
  • Joshua (law firm staff)
    GOTTLIEB LAW, PLC
  • Chris (law firm staff)
    GOTTLIEB LAW, PLC
    Distinct from Christopher Duren
  • Karen F. (law firm staff)
    GOTTLIEB LAW, PLC

Neutral Parties

  • Samuel Fox (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Alexis Madrid (ALJ)
    OAH

Other Participants

  • Ron Owen (former board member)
    Victoria Manor Management & Property Owners Association
  • V. Nunez (ADRE staff)
    Arizona Department of Real Estate
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
  • L. Recchia (ADRE staff)
    Arizona Department of Real Estate
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate

Michael J Morris v. StarPass Master Homeowner Association, INC.

Case Summary

Case ID 24F-H030-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-23
Administrative Law Judge Velva Moses-Thompson
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Morris Counsel
Respondent StarPass Master Homeowner Association, Inc. Counsel

Alleged Violations

A.R.S. § 33-1804(B)

Outcome Summary

Petitioner was deemed the prevailing party based on the finding that Respondent violated A.R.S. § 33-1804(B) by failing to hold required annual meetings of the Association’s members since 2010. Respondent was ordered to refund the $500 filing fee and comply with A.R.S. § 33-1804. Petitioner failed to establish the remaining alleged violations concerning the Declarant's right to appoint the Board or violations of A.R.S. §§ 33-1810 and 33-1817, or most CC&R sections.

Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated A.R.S. §§ 33-1810 and 33-1817, or the cited sections of the CC&Rs or Bylaws related to the Declarant's power to appoint the board.

Key Issues & Findings

Declarant control, board appointment without vote or meeting, and failure to hold annual meetings

Petitioner alleged Respondent violated multiple statutes and governing documents by allowing the Declarant to solely appoint the Board of Directors and failing to hold annual meetings. The Administrative Law Judge found that the Respondent violated A.R.S. § 33-1804(B) by failing to notice or hold annual members meetings since 2010. All other alleged violations were not established.

Orders: Respondent ordered to pay Petitioner his filing fee of $500.00 and directed to comply with the requirements of A.R.S. § 33-1804 going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1810
  • A.R.S. § 33-1817
  • Bylaw Article Section 1
  • CC&Rs Article 3 Section 2(b)
  • CC&Rs Article 3 Section 5
  • CC&Rs Article 11 Section 8

Analytics Highlights

Topics: Declarant Control, Annual Meetings, Filing Fee Refund, HOA Board Appointment
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1810
  • A.R.S. § 33-1817
  • Bylaw Article Section 1
  • CC&Rs Article 3 Section 2(b)
  • CC&Rs Article 3 Section 5
  • CC&Rs Article 11 Section 8

Video Overview

Audio Overview

Decision Documents

24F-H030-REL Decision – 1154358.pdf

Uploaded 2026-01-23T18:04:32 (41.8 KB)

24F-H030-REL Decision – 1156053.pdf

Uploaded 2026-01-23T18:04:39 (7.4 KB)

24F-H030-REL Decision – 1160349.pdf

Uploaded 2026-01-23T18:04:43 (53.8 KB)

24F-H030-REL Decision – 1170315.pdf

Uploaded 2026-01-23T18:04:47 (114.1 KB)

Questions

Question

Can an HOA stop holding annual meetings if they are unable to get enough members to attend (quorum)?

Short Answer

No. State law requires an annual meeting regardless of past attendance issues.

Detailed Answer

Even if an HOA has failed to reach a quorum for many years, they are still strictly required by Arizona law to notice and hold a meeting of the members at least once each year. Failing to do so is a violation of A.R.S. § 33-1804.

Alj Quote

A.R.S. § 33-1804(B) requires that a meeting of the members' association be held at least once each year.

Legal Basis

A.R.S. § 33-1804(B)

Topic Tags

  • meetings
  • quorum
  • compliance

Question

If I claim the HOA violated the Bylaws, do I have to submit the Bylaws as evidence?

Short Answer

Yes. You must submit the specific governing documents you claim were violated.

Detailed Answer

If a homeowner argues that the HOA violated a specific provision of the Bylaws (such as election procedures), they must enter those Bylaws into evidence. Without the actual document in the record, the judge cannot find a violation.

Alj Quote

Although Petitioner argued in his written closing argument that as of November 18, 2012, elections should have begun by the membership under Article 5 of Respondent’s Bylaws, Petitioner did not submit a copy of Respondent’s Bylaws into evidence, nor was section 5 of the Bylaws submitted with the petition.

Legal Basis

Evidentiary Burden

Topic Tags

  • evidence
  • procedure
  • bylaws

Question

Can the Administrative Law Judge order the HOA to appoint specific homeowners to the Board?

Short Answer

No. The judge's power is limited to ordering compliance with laws and documents.

Detailed Answer

The tribunal does not have the jurisdiction to appoint specific individuals to a 'transition Board' or replace directors. It can only order the HOA to follow the statutes and community documents going forward.

Alj Quote

While Petitioner requested that he and other owners be appointed to a transition Board, the Administrative Law Judge’s jurisdiction in this tribunal is limited to ordering a party to abide by applicable statutes and community documents.

Legal Basis

Jurisdiction

Topic Tags

  • remedies
  • board of directors
  • jurisdiction

Question

What is the standard of proof for a homeowner suing their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner must prove that their claims are 'more probably true than not.' This is the standard evidentiary burden in administrative hearings.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof

Question

Does the HOA automatically get fined if the judge finds they violated state law?

Short Answer

No. Civil penalties are not automatic.

Detailed Answer

A judge may find that a violation occurred (such as failing to hold meetings) but still decide that a civil penalty is not appropriate in that specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Administrative Discretion

Topic Tags

  • penalties
  • fines
  • enforcement

Question

Can I get my $500 filing fee back if I win the hearing?

Short Answer

Yes. The judge can order the HOA to reimburse the filing fee.

Detailed Answer

If the homeowner is deemed the prevailing party, the judge may order the Respondent (HOA) to pay the Petitioner the amount of the filing fee within a set timeframe.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner his filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Prevailing Party Costs

Topic Tags

  • fees
  • reimbursement
  • costs

Question

Is it illegal for a developer (Declarant) to appoint the Board without an election?

Short Answer

Not necessarily, unless specific statutes or bylaws prohibit it.

Detailed Answer

Simply alleging that a Declarant is appointing the board without a vote is not enough to prove a violation. The homeowner must prove that specific statutes or the community's CC&Rs/Bylaws expressly prohibit this arrangement at the current time.

Alj Quote

Regarding the remaining alleged violations, the statutes listed in the petition do no bar [the Declarant] from appointing the Board members or operating as the President of the Board.

Legal Basis

CC&Rs / Statutes

Topic Tags

  • declarant control
  • board appointments
  • elections

Case

Docket No
24F-H030-REL
Case Title
Michael J. Morris vs. StarPass Master Homeowner Association, Inc.
Decision Date
2024-04-23
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Can an HOA stop holding annual meetings if they are unable to get enough members to attend (quorum)?

Short Answer

No. State law requires an annual meeting regardless of past attendance issues.

Detailed Answer

Even if an HOA has failed to reach a quorum for many years, they are still strictly required by Arizona law to notice and hold a meeting of the members at least once each year. Failing to do so is a violation of A.R.S. § 33-1804.

Alj Quote

A.R.S. § 33-1804(B) requires that a meeting of the members' association be held at least once each year.

Legal Basis

A.R.S. § 33-1804(B)

Topic Tags

  • meetings
  • quorum
  • compliance

Question

If I claim the HOA violated the Bylaws, do I have to submit the Bylaws as evidence?

Short Answer

Yes. You must submit the specific governing documents you claim were violated.

Detailed Answer

If a homeowner argues that the HOA violated a specific provision of the Bylaws (such as election procedures), they must enter those Bylaws into evidence. Without the actual document in the record, the judge cannot find a violation.

Alj Quote

Although Petitioner argued in his written closing argument that as of November 18, 2012, elections should have begun by the membership under Article 5 of Respondent’s Bylaws, Petitioner did not submit a copy of Respondent’s Bylaws into evidence, nor was section 5 of the Bylaws submitted with the petition.

Legal Basis

Evidentiary Burden

Topic Tags

  • evidence
  • procedure
  • bylaws

Question

Can the Administrative Law Judge order the HOA to appoint specific homeowners to the Board?

Short Answer

No. The judge's power is limited to ordering compliance with laws and documents.

Detailed Answer

The tribunal does not have the jurisdiction to appoint specific individuals to a 'transition Board' or replace directors. It can only order the HOA to follow the statutes and community documents going forward.

Alj Quote

While Petitioner requested that he and other owners be appointed to a transition Board, the Administrative Law Judge’s jurisdiction in this tribunal is limited to ordering a party to abide by applicable statutes and community documents.

Legal Basis

Jurisdiction

Topic Tags

  • remedies
  • board of directors
  • jurisdiction

Question

What is the standard of proof for a homeowner suing their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner must prove that their claims are 'more probably true than not.' This is the standard evidentiary burden in administrative hearings.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent violated the Act or Respondent’s CC&Rs by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof

Question

Does the HOA automatically get fined if the judge finds they violated state law?

Short Answer

No. Civil penalties are not automatic.

Detailed Answer

A judge may find that a violation occurred (such as failing to hold meetings) but still decide that a civil penalty is not appropriate in that specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Administrative Discretion

Topic Tags

  • penalties
  • fines
  • enforcement

Question

Can I get my $500 filing fee back if I win the hearing?

Short Answer

Yes. The judge can order the HOA to reimburse the filing fee.

Detailed Answer

If the homeowner is deemed the prevailing party, the judge may order the Respondent (HOA) to pay the Petitioner the amount of the filing fee within a set timeframe.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner his filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Prevailing Party Costs

Topic Tags

  • fees
  • reimbursement
  • costs

Question

Is it illegal for a developer (Declarant) to appoint the Board without an election?

Short Answer

Not necessarily, unless specific statutes or bylaws prohibit it.

Detailed Answer

Simply alleging that a Declarant is appointing the board without a vote is not enough to prove a violation. The homeowner must prove that specific statutes or the community's CC&Rs/Bylaws expressly prohibit this arrangement at the current time.

Alj Quote

Regarding the remaining alleged violations, the statutes listed in the petition do no bar [the Declarant] from appointing the Board members or operating as the President of the Board.

Legal Basis

CC&Rs / Statutes

Topic Tags

  • declarant control
  • board appointments
  • elections

Case

Docket No
24F-H030-REL
Case Title
Michael J. Morris vs. StarPass Master Homeowner Association, Inc.
Decision Date
2024-04-23
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Michael J. Morris (petitioner)
    StarPass Master Homeowner Association member; Sub-HOA President
  • Bruce Prior (witness)
    StarPass Master Homeowner Association member; past subHOA president
  • Michael Schmidt (witness)
    Wildcat Pass HOA Board member
    Also referred to as Michael Smidt

Respondent Side

  • F. Christopher Ansley (declarant)
    StarPass Master Homeowner Association President/Property Manager; Devcon LLC
    Also referred to as Chris Ansley or mistakenly as Craig Ansley
  • David Makavoy (lawyer)
    Ansley's lawyer concerning amendment recording

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    Office of Administrative Hearings
    Also referred to as Alderman Thompson
  • Brian Larson (CPA)
    Brian Larson CTA
    Provided quarterly financial statements for Master HOA
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • Jimmy Liscos (board member)
    StarPass Master Homeowner Association Board of Directors; focus group member
    Appointed board member who was also part of the focus group/group of seven
  • Jamie Haw (board member)
    StarPass Master Homeowner Association Board of Directors; focus group member
    Appointed board member who resigned
  • Nikki Morton (focus group member)

Teri S. Morcomb & J. Ted Morcomb v. Sierra Tortuga Homeowner’s

Case Summary

Case ID 24F-H015-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-01-03
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Teri S. Morcomb & J. Ted Morcomb Counsel Jeffrey Brie, Esq.
Respondent Sierra Tortuga Homeowner’s Association Counsel Phillip Brown, Esq. and Kelly Oetinger, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

Petitioner met the burden of proof for both alleged violations: violation of the Declaration (not enforcing the 25ft setback) and violation of A.R.S. § 33-1805 (failing to provide documents). The petition was granted, and Respondent was ordered to reimburse the $1,000.00 filing fee.

Key Issues & Findings

Failure to provide documents

Respondent failed to produce documents requested by Petitioner, specifically meeting minutes discussing the investigative report, within the statutory timeframe, violating A.R.S. § 33-1805.

Orders: Respondent was found in violation of A.R.S. § 33-1805 and Declaration Section F. Respondent shall reimburse Petitioner’s filing fee of $1,000.00.

Filing fee: $1,000.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • Declaration Section F

Analytics Highlights

Topics: setback enforcement, document request, HOA governance, filing fee refund, A.R.S. 33-1805
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 33-1804
  • Declaration Section F

Video Overview

Audio Overview

Decision Documents

24F-H015-REL Decision – 1102948.pdf

Uploaded 2026-01-23T18:02:19 (53.9 KB)

24F-H015-REL Decision – 1116083.pdf

Uploaded 2026-01-23T18:02:23 (50.5 KB)

24F-H015-REL Decision – 1129495.pdf

Uploaded 2026-01-23T18:02:26 (148.2 KB)





Study Guide – 24F-H015-REL


{ “case”: { “docket_no”: “24F-H015-REL”, “case_title”: “Teri S. Morcomb & J. Ted Morcomb v. Sierra Tortuga Homeowner’s Association”, “decision_date”: “2024-01-03”, “alj_name”: “Adam D. Stone”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If I win my case against the HOA, can I get my filing fee reimbursed?”, “short_answer”: “Yes, the ALJ can order the HOA to reimburse the filing fee if the petition is granted.”, “detailed_answer”: “Under Arizona law, if a homeowner prevails in their petition against the association, the Administrative Law Judge has the authority to order the respondent (HOA) to reimburse the petitioner’s filing fee.”, “alj_quote”: “IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall reimburse Petitioner’s filing fee of $1,000.00 as required by ARIZ. REV. STAT. § 32-2199.01.”, “legal_basis”: “A.R.S. § 32-2199.02(A)”, “topic_tags”: [ “filing fees”, “reimbursement”, “penalties” ] }, { “question”: “What is the timeline for an HOA to provide records after a homeowner requests them?”, “short_answer”: “The HOA has ten business days to fulfill a request for examination or provide copies of records.”, “detailed_answer”: “Arizona statute requires that an association make financial and other records reasonably available for examination. When a member requests to examine or purchase copies of records, the association must comply within ten business days.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records … the association shall have ten business days to provide copies of the requested records.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “records request”, “deadlines”, “homeowner rights” ] }, { “question”: “Can an HOA refuse to provide meeting minutes by claiming other documents regarding a specific issue don’t exist?”, “short_answer”: “No, even if specific architectural files don’t exist, the HOA must still provide related meeting minutes if requested.”, “detailed_answer”: “In this case, while the HOA claimed no documents existed regarding a specific architectural submission (because none was made), they were still found in violation for failing to produce the meeting minutes where the issue and an investigative report were discussed.”, “alj_quote”: “From the evidence presented, and Mr. Lewin admitted, that Respondent failed to produce a copy of the meeting minutes discussing the investigative report.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “meeting minutes”, “records access”, “HOA obligations” ] }, { “question”: “Does the ALJ have the authority to order the HOA to physically clear a violation from a neighbor’s lot?”, “short_answer”: “Not necessarily, if the CC&Rs grant the HOA the ‘right’ rather than the ‘duty’ to clear the lot, it remains a discretionary action.”, “detailed_answer”: “Although the ALJ found the HOA in violation of the CC&Rs for the setback issue, the judge disagreed that the HOA must clear the lot. The specific language of the governing documents gave the Architectural Committee the ‘right’ to clear the lot, which the judge interpreted as discretionary.”, “alj_quote”: “However, the tribunal disagrees with Petitioner that Respondent must clear the lot. Section H of the Declaration merely states that the Architectural Committee ‘shall have the right to clear such lot’. Thus, it is still within the Architectural Committee’s discretion to act on that right.”, “legal_basis”: “CC&Rs Interpretation”, “topic_tags”: [ “enforcement”, “remedies”, “CC&Rs” ] }, { “question”: “What is the burden of proof in an HOA administrative hearing?”, “short_answer”: “The petitioner must prove their case by a ‘preponderance of the evidence’.”, “detailed_answer”: “The homeowner bringing the complaint bears the burden of proving that the HOA violated the community documents or statutes. The standard is a ‘preponderance of the evidence,’ meaning the contention is more probably true than not.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated the item F of the Declarations and ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.A.C. R2-19-119”, “topic_tags”: [ “burden of proof”, “legal standards”, “procedure” ] }, { “question”: “Can the HOA be found in violation for a neighbor’s unapproved improvements?”, “short_answer”: “Yes, if the HOA fails to enforce setback requirements against unapproved improvements.”, “detailed_answer”: “The ALJ found the Board in violation of the Declaration (setback rules) because the neighbor never submitted a request for the improvements, the improvements did not comply with setbacks, and the Board failed to enforce the requirement.”, “alj_quote”: “Petitioner has met the burden of proof in demonstrating that the Board was in violation of Section F of the Declaration and ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “CC&Rs (Section F)”, “topic_tags”: [ “architectural control”, “setbacks”, “violations” ] }, { “question”: “Do HOA directors have the right to inspect association records?”, “short_answer”: “Yes, directors generally have an absolute right to inspect all books and records at any reasonable time.”, “detailed_answer”: “The decision cites the Association Bylaws which grant every Director the absolute right to inspect all books, records, documents, and physical properties of the Association.”, “alj_quote”: “Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association.”, “legal_basis”: “Association Bylaws Article 11.3”, “topic_tags”: [ “board members”, “records inspection”, “bylaws” ] } ] }






Blog Post – 24F-H015-REL


{ “case”: { “docket_no”: “24F-H015-REL”, “case_title”: “Teri S. Morcomb & J. Ted Morcomb v. Sierra Tortuga Homeowner’s Association”, “decision_date”: “2024-01-03”, “alj_name”: “Adam D. Stone”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If I win my case against the HOA, can I get my filing fee reimbursed?”, “short_answer”: “Yes, the ALJ can order the HOA to reimburse the filing fee if the petition is granted.”, “detailed_answer”: “Under Arizona law, if a homeowner prevails in their petition against the association, the Administrative Law Judge has the authority to order the respondent (HOA) to reimburse the petitioner’s filing fee.”, “alj_quote”: “IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall reimburse Petitioner’s filing fee of $1,000.00 as required by ARIZ. REV. STAT. § 32-2199.01.”, “legal_basis”: “A.R.S. § 32-2199.02(A)”, “topic_tags”: [ “filing fees”, “reimbursement”, “penalties” ] }, { “question”: “What is the timeline for an HOA to provide records after a homeowner requests them?”, “short_answer”: “The HOA has ten business days to fulfill a request for examination or provide copies of records.”, “detailed_answer”: “Arizona statute requires that an association make financial and other records reasonably available for examination. When a member requests to examine or purchase copies of records, the association must comply within ten business days.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records … the association shall have ten business days to provide copies of the requested records.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “records request”, “deadlines”, “homeowner rights” ] }, { “question”: “Can an HOA refuse to provide meeting minutes by claiming other documents regarding a specific issue don’t exist?”, “short_answer”: “No, even if specific architectural files don’t exist, the HOA must still provide related meeting minutes if requested.”, “detailed_answer”: “In this case, while the HOA claimed no documents existed regarding a specific architectural submission (because none was made), they were still found in violation for failing to produce the meeting minutes where the issue and an investigative report were discussed.”, “alj_quote”: “From the evidence presented, and Mr. Lewin admitted, that Respondent failed to produce a copy of the meeting minutes discussing the investigative report.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “meeting minutes”, “records access”, “HOA obligations” ] }, { “question”: “Does the ALJ have the authority to order the HOA to physically clear a violation from a neighbor’s lot?”, “short_answer”: “Not necessarily, if the CC&Rs grant the HOA the ‘right’ rather than the ‘duty’ to clear the lot, it remains a discretionary action.”, “detailed_answer”: “Although the ALJ found the HOA in violation of the CC&Rs for the setback issue, the judge disagreed that the HOA must clear the lot. The specific language of the governing documents gave the Architectural Committee the ‘right’ to clear the lot, which the judge interpreted as discretionary.”, “alj_quote”: “However, the tribunal disagrees with Petitioner that Respondent must clear the lot. Section H of the Declaration merely states that the Architectural Committee ‘shall have the right to clear such lot’. Thus, it is still within the Architectural Committee’s discretion to act on that right.”, “legal_basis”: “CC&Rs Interpretation”, “topic_tags”: [ “enforcement”, “remedies”, “CC&Rs” ] }, { “question”: “What is the burden of proof in an HOA administrative hearing?”, “short_answer”: “The petitioner must prove their case by a ‘preponderance of the evidence’.”, “detailed_answer”: “The homeowner bringing the complaint bears the burden of proving that the HOA violated the community documents or statutes. The standard is a ‘preponderance of the evidence,’ meaning the contention is more probably true than not.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated the item F of the Declarations and ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.A.C. R2-19-119”, “topic_tags”: [ “burden of proof”, “legal standards”, “procedure” ] }, { “question”: “Can the HOA be found in violation for a neighbor’s unapproved improvements?”, “short_answer”: “Yes, if the HOA fails to enforce setback requirements against unapproved improvements.”, “detailed_answer”: “The ALJ found the Board in violation of the Declaration (setback rules) because the neighbor never submitted a request for the improvements, the improvements did not comply with setbacks, and the Board failed to enforce the requirement.”, “alj_quote”: “Petitioner has met the burden of proof in demonstrating that the Board was in violation of Section F of the Declaration and ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “CC&Rs (Section F)”, “topic_tags”: [ “architectural control”, “setbacks”, “violations” ] }, { “question”: “Do HOA directors have the right to inspect association records?”, “short_answer”: “Yes, directors generally have an absolute right to inspect all books and records at any reasonable time.”, “detailed_answer”: “The decision cites the Association Bylaws which grant every Director the absolute right to inspect all books, records, documents, and physical properties of the Association.”, “alj_quote”: “Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association.”, “legal_basis”: “Association Bylaws Article 11.3”, “topic_tags”: [ “board members”, “records inspection”, “bylaws” ] } ] }


Case Participants

Petitioner Side

  • Teri S. Morcomb (petitioner)
    Lot 8 owner, testified
  • J. Ted Morcomb (petitioner)
    Lot 8 owner
  • Jeffrey T. Brei (petitioner attorney)
  • Tracy Allen Bogardis (witness)
    Civil Engineer
    Testified regarding drainage/hydrology

Respondent Side

  • Phillip Brown (HOA attorney)
  • Kelly Oetinger (HOA attorney)
  • Robert Leuen (board president)
    Sierra Tortuga HOA
    Testified
  • Marcella Bernadette Aguilar (witness)
    Sierra Tortuga HOA
    Lot 9 owner, testified
  • Abel Sodto (lot owner)
    Sierra Tortuga HOA
    Lot 9 owner, former Board/ARC member, subject of violation
  • Clint Stoddard (board member)
    Sierra Tortuga HOA
    Investigator
  • Benny Medina (board member)
    Sierra Tortuga HOA
    Investigator, former president
  • Joseph D. Martino (ARC member)
    Sierra Tortuga HOA
    Former Architectural Committee Head
  • Chris Stler (board member)
    Sierra Tortuga HOA
    Vice President of HOA
  • Yvon Posche (board member)
    Sierra Tortuga HOA
    Secretary of HOA
  • Steve Brockam (board member)
    Sierra Tortuga HOA
    Board Director
  • Perry Terren (ARC chair)
    Sierra Tortuga HOA
    ARC Chairman and Board Director
  • Jeremy Thompson (law clerk)
    HOA Attorney's office
  • Mike Shupe (former HOA attorney)

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Tim Ross (board member)
    Sierra Tortuga HOA
    Former board/investigator, criticized current board actions
  • Susan Nicolson (Commissioner)
    ADRE
  • A. Hansen (ADRE staff)
    ADRE
  • V. Nunez (ADRE staff)
    ADRE
  • D. Jones (ADRE staff)
    ADRE
  • L. Abril (ADRE staff)
    ADRE

Megan E Gardner v. Woodland Valley Ranch Property Owners Association,

Case Summary

Case ID 23F-H061-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-10-16
Administrative Law Judge Adam D. Stone
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Megan E Gardner Counsel
Respondent Woodland Valley Ranch Property Owners Association, Inc. Counsel Kyle A. von Johnson and Edith I. Rudder

Alleged Violations

CC&Rs, Article 3, Section G

Outcome Summary

The ALJ affirmed the petition, finding the Respondent HOA violated CC&Rs, Article 3, Section G by failing to provide 30 days' notice prior to the 2023 assessment increase. The Respondent was ordered to reimburse the Petitioner's filing fee.

Key Issues & Findings

Failure to provide 30-day notice for 2023 dues increase

The HOA increased annual dues from $200.00 to $240.00 effective 1/1/2023 due to a financial crisis caused by embezzlement, but failed to provide the required 30-day written notice as mandated by the CC&Rs. Although the increase was later refunded, the ALJ affirmed the petition finding the HOA failed to comply with the CC&Rs.

Orders: Petitioner's petition is affirmed. Respondent is ordered to reimburse Petitioner's $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&Rs, Article 3, Section G
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.

Analytics Highlights

Topics: HOA Dues Increase, Notice Violation, CC&R Violation, Embezzlement, Filing Fee Refund, Assessment Timing
Additional Citations:

  • CC&Rs, Article 3, Section G
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09

Video Overview

Audio Overview

Decision Documents

23F-H061-REL Decision – 1077230.pdf

Uploaded 2026-01-23T17:59:31 (41.5 KB)

23F-H061-REL Decision – 1095389.pdf

Uploaded 2026-01-23T17:59:34 (44.3 KB)

23F-H061-REL Decision – 1095762.pdf

Uploaded 2026-01-23T17:59:37 (6.7 KB)

23F-H061-REL Decision – 1102356.pdf

Uploaded 2026-01-23T17:59:42 (110.9 KB)

Questions

Question

Can my HOA raise dues without proper notice if they are facing a severe financial emergency?

Short Answer

No, financial crises do not exempt the HOA from following the notice timelines in the CC&Rs.

Detailed Answer

The ALJ ruled that even though the HOA was in an 'untenable' position due to embezzlement and urgent debts, they were still strictly bound to provide the specific notice (30 days in this case) required by the governing documents before increasing assessments.

Alj Quote

First, while the tribunal sympathizes with the untenable and horrible position that the Association was facing, it still failed to comply with the CCR’s, by not providing the 30 day notice prior to the 2023 yearly Assessment.

Legal Basis

CC&Rs Compliance

Topic Tags

  • Assessments
  • Emergency Powers
  • Notice Requirements

Question

If I win my hearing, will I get my filing fee back even if I tell the judge I don't want it?

Short Answer

Yes, the statute requires the filing fee to be reimbursed if the petitioner prevails, regardless of their personal preference.

Detailed Answer

The judge ordered the HOA to reimburse the $500 filing fee because the relevant statute (A.R.S. § 32-2199.01) binds the tribunal to order reimbursement when the petitioner wins, even though the homeowner explicitly testified she did not wish to recover it.

Alj Quote

At hearing, Petitioner testified that she did not wish to recovery her filing fee, the tribunal is bound by the statute to order the same.

Legal Basis

A.R.S. § 32-2199.01; A.R.S. § 32-2199.02(A)

Topic Tags

  • Filing Fees
  • Reimbursement
  • Statutory Mandates

Question

What level of proof do I need to provide to win a dispute against my HOA?

Short Answer

You must prove your case by a 'preponderance of the evidence,' meaning your claim is more probable than not.

Detailed Answer

The homeowner bears the burden of proof. The standard is not 'beyond a reasonable doubt' (like in criminal cases), but rather showing that the evidence is sufficient to incline a fair mind to one side over the other.

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

A.R.S. § 33-1804(D); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Standards
  • Evidence

Question

Will the judge automatically fine the HOA if I prove they violated the rules?

Short Answer

No, if you do not specifically request a civil penalty in your petition, the judge generally will not award one.

Detailed Answer

In this case, although the HOA was found in violation, the judge ordered that no civil penalty be awarded specifically because the petitioner did not include a request for a penalty in her initial paperwork.

Alj Quote

IT IS FURTHER ORDERED that no civil penalty be awarded as Petitioner did not request the same in her Petition.

Legal Basis

Administrative Discretion

Topic Tags

  • Civil Penalties
  • Fines
  • Petition Drafting

Question

If the HOA fixes the problem (like refunding money) before the decision, is the case dismissed?

Short Answer

Not necessarily; the judge may still issue a decision affirming the violation occurred.

Detailed Answer

The HOA had already refunded the improper assessment increase to members before the decision was written. However, the ALJ still issued an order affirming the petition and finding that the HOA had failed to comply with the CC&Rs.

Alj Quote

The tribunal finds that Petitioner has met her burden. … Fortunately for the Association and the homeowners, it … was able to issue a refund of $40.00 to its members.

Legal Basis

Mootness (Implicitly Rejected)

Topic Tags

  • Refunds
  • Violations
  • Case Outcomes

Case

Docket No
23F-H061-REL
Case Title
Megan E Gardner v Woodland Valley Ranch Property Owners Association, Inc.
Decision Date
2023-10-16
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA raise dues without proper notice if they are facing a severe financial emergency?

Short Answer

No, financial crises do not exempt the HOA from following the notice timelines in the CC&Rs.

Detailed Answer

The ALJ ruled that even though the HOA was in an 'untenable' position due to embezzlement and urgent debts, they were still strictly bound to provide the specific notice (30 days in this case) required by the governing documents before increasing assessments.

Alj Quote

First, while the tribunal sympathizes with the untenable and horrible position that the Association was facing, it still failed to comply with the CCR’s, by not providing the 30 day notice prior to the 2023 yearly Assessment.

Legal Basis

CC&Rs Compliance

Topic Tags

  • Assessments
  • Emergency Powers
  • Notice Requirements

Question

If I win my hearing, will I get my filing fee back even if I tell the judge I don't want it?

Short Answer

Yes, the statute requires the filing fee to be reimbursed if the petitioner prevails, regardless of their personal preference.

Detailed Answer

The judge ordered the HOA to reimburse the $500 filing fee because the relevant statute (A.R.S. § 32-2199.01) binds the tribunal to order reimbursement when the petitioner wins, even though the homeowner explicitly testified she did not wish to recover it.

Alj Quote

At hearing, Petitioner testified that she did not wish to recovery her filing fee, the tribunal is bound by the statute to order the same.

Legal Basis

A.R.S. § 32-2199.01; A.R.S. § 32-2199.02(A)

Topic Tags

  • Filing Fees
  • Reimbursement
  • Statutory Mandates

Question

What level of proof do I need to provide to win a dispute against my HOA?

Short Answer

You must prove your case by a 'preponderance of the evidence,' meaning your claim is more probable than not.

Detailed Answer

The homeowner bears the burden of proof. The standard is not 'beyond a reasonable doubt' (like in criminal cases), but rather showing that the evidence is sufficient to incline a fair mind to one side over the other.

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

A.R.S. § 33-1804(D); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Standards
  • Evidence

Question

Will the judge automatically fine the HOA if I prove they violated the rules?

Short Answer

No, if you do not specifically request a civil penalty in your petition, the judge generally will not award one.

Detailed Answer

In this case, although the HOA was found in violation, the judge ordered that no civil penalty be awarded specifically because the petitioner did not include a request for a penalty in her initial paperwork.

Alj Quote

IT IS FURTHER ORDERED that no civil penalty be awarded as Petitioner did not request the same in her Petition.

Legal Basis

Administrative Discretion

Topic Tags

  • Civil Penalties
  • Fines
  • Petition Drafting

Question

If the HOA fixes the problem (like refunding money) before the decision, is the case dismissed?

Short Answer

Not necessarily; the judge may still issue a decision affirming the violation occurred.

Detailed Answer

The HOA had already refunded the improper assessment increase to members before the decision was written. However, the ALJ still issued an order affirming the petition and finding that the HOA had failed to comply with the CC&Rs.

Alj Quote

The tribunal finds that Petitioner has met her burden. … Fortunately for the Association and the homeowners, it … was able to issue a refund of $40.00 to its members.

Legal Basis

Mootness (Implicitly Rejected)

Topic Tags

  • Refunds
  • Violations
  • Case Outcomes

Case

Docket No
23F-H061-REL
Case Title
Megan E Gardner v Woodland Valley Ranch Property Owners Association, Inc.
Decision Date
2023-10-16
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Megan E Gardner (petitioner)
    Property owner of Parcel 222

Respondent Side

  • Kyle A. von Johnson (HOA attorney)
    Woodland Valley Ranch Property Owners Association, Inc.
  • Edith I. Rudder (HOA attorney)
    Woodland Valley Ranch Property Owners Association, Inc.
  • Ronald Carter (Treasurer/Witness)
    Woodland Valley Ranch Property Owners Association, Inc.
    Treasurer since June 2022. Referred to as 'Ronald Cotter' in the ALJ Decision Findings of Fact.
  • David Goodman (Witness)
    Woodland Valley Ranch Property Owners Association, Inc.
    Appeared remotely; recruited to serve as President after previous board members resigned.

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings (OAH)
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate (ADRE)
  • AHansen (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal
  • vnunez (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal
  • djones (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal
  • labril (ADRE Staff)
    Arizona Department of Real Estate (ADRE)
    Listed for copy transmittal

Deborah L. Masear v. Paradise Park Condominiums Phase II Homeowners

Case Summary

Case ID 23F-H053-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-07-10
Administrative Law Judge Brian Del Vecchio
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Deborah L. Masear Counsel
Respondent Paradise Park Condominiums Phase II Homeowners Association Counsel Ashley N. Moscarello

Alleged Violations

Article II Section 3 of Respondent’s bylaws

Outcome Summary

The Administrative Law Judge affirmed the Petitioner's claim, finding that the HOA violated Article II Section 3 of its bylaws by failing to hold the Annual Meeting on the second Monday of March (March 13, 2023). The HOA was ordered to reimburse the Petitioner's $500.00 filing fee, but a request for a civil penalty was denied.

Key Issues & Findings

Failure to hold an annual meeting as required by bylaws

The HOA failed to hold the mandatory annual meeting on March 13, 2023, as explicitly required by the amended bylaws (Article II Section 3). The meeting was subsequently scheduled for May 8, 2023, 56 days late, constituting a violation, even though the later meeting failed to meet quorum.

Orders: Petitioner’s petition is affirmed. Respondent shall reimburse Petitioner’s filing fee of $500.00. Petitioner’s request to levy a civil penalty against Respondent is denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.

Analytics Highlights

Topics: HOA, Condominium, Annual Meeting, Bylaw Violation, Filing Fee Refund
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Video Overview

Audio Overview

Decision Documents

23F-H053-REL Decision – 1072068.pdf

Uploaded 2026-01-23T17:57:32 (115.3 KB)





Study Guide – 23F-H053-REL


{ “case”: { “docket_no”: “23F-H053-REL”, “case_title”: “Deborah L. Masear v. Paradise Park Condominiums Phase II Homeowners Association”, “decision_date”: “2023-07-10”, “alj_name”: “Brian Del Vecchio”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If the bylaws state a specific date for the annual meeting, can the HOA board reschedule it to a different month?”, “short_answer”: “No. If the bylaws use mandatory language like “shall,” the HOA cannot change the date.”, “detailed_answer”: “The ALJ determined that when bylaws state a meeting “shall be held” on a specific date, this language is mandatory and not permissive. The HOA does not have the discretion to change the date of the annual meeting if the governing documents specify exactly when it must occur.”, “alj_quote”: “Respondent’s Bylaws state, ‘[t]he annual meeting of the members shall be held,’ at the designated date and time annually. The phrase ‘shall be held’ is not permissive; there is no changing the date of the annual meeting.”, “legal_basis”: “Bylaws Article II Section 3”, “topic_tags”: [ “Annual Meetings”, “Bylaws Interpretation”, “HOA Obligations” ] }, { “question”: “Does a meeting count as being ‘held’ if the HOA schedules it but fails to reach a quorum?”, “short_answer”: “No. If a quorum is not present, the meeting is legally considered not to have been held.”, “detailed_answer”: “Even if the HOA sends notice and attempts to convene, the failure to achieve a quorum means the meeting cannot conduct business. The ALJ ruled that in such cases, the meeting was not actually held, resulting in a violation if the bylaws required a meeting on that date.”, “alj_quote”: “Respondent attempted to hold an annual meeting on May 8, 2023, and but for the lack of quorum, the meeting was not held.”, “legal_basis”: “Findings of Fact”, “topic_tags”: [ “Quorum”, “Annual Meetings”, “Procedural Requirements” ] }, { “question”: “If I win my dispute against the HOA, will I get my $500 filing fee back?”, “short_answer”: “Yes. The ALJ has the authority to order the HOA to reimburse the filing fee to the prevailing homeowner.”, “detailed_answer”: “In this decision, after ruling in favor of the homeowner regarding the failure to hold the annual meeting, the judge ordered the HOA to reimburse the $500 filing fee the homeowner paid to initiate the case.”, “alj_quote”: “IT IS FURTHER ORDERED Respondent shall reimburse Petitioner’s filing fee of $500.00 pursuant to ARIZ. REV. STAT. § 32-2199.02(A).”, “legal_basis”: “ARIZ. REV. STAT. § 32-2199.02(A)”, “topic_tags”: [ “Remedies”, “Filing Fees”, “Costs” ] }, { “question”: “Will the HOA automatically be fined a civil penalty if they are found to have violated the bylaws?”, “short_answer”: “No. The ALJ may deny a request for civil penalties even if they find that a violation occurred.”, “detailed_answer”: “While the homeowner in this case requested a civil penalty be levied against the HOA for the violation, the ALJ explicitly denied this request in the final order, despite ruling that the HOA had violated the bylaws.”, “alj_quote”: “IT IS FURTHER ORDERED that Petitioner’s request to levy a civil penalty against Respondent is denied.”, “legal_basis”: “Administrative Discretion”, “topic_tags”: [ “Penalties”, “Remedies”, “Enforcement” ] }, { “question”: “Who has to prove that the HOA violated the rules?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing before the OAH, the person bringing the complaint must prove their case by a ‘preponderance of the evidence.’ It is not up to the HOA to prove they are innocent; the homeowner must prove the violation occurred.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated Article II Section 3 of the Bylaws.”, “legal_basis”: “ARIZ. ADMIN. CODE R2-19-119”, “topic_tags”: [ “Burden of Proof”, “Legal Standards”, “Hearing Procedures” ] }, { “question”: “What kind of HOA disputes can I file with the Arizona Department of Real Estate?”, “short_answer”: “You can file petitions regarding violations of community documents (CC&Rs, bylaws) or state statutes regulating planned communities.”, “detailed_answer”: “The Department has jurisdiction to hear disputes between owners and associations specifically concerning violations of the community’s governing documents or the relevant Arizona statutes regulating these communities.”, “alj_quote”: “The owner or association may petition the department for a hearing concerning violations of community documents or violations of the statutes that regulate planned communities…”, “legal_basis”: “ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.”, “topic_tags”: [ “Jurisdiction”, “ADRE”, “Filing a Complaint” ] } ] }






Blog Post – 23F-H053-REL


{ “case”: { “docket_no”: “23F-H053-REL”, “case_title”: “Deborah L. Masear v. Paradise Park Condominiums Phase II Homeowners Association”, “decision_date”: “2023-07-10”, “alj_name”: “Brian Del Vecchio”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If the bylaws state a specific date for the annual meeting, can the HOA board reschedule it to a different month?”, “short_answer”: “No. If the bylaws use mandatory language like “shall,” the HOA cannot change the date.”, “detailed_answer”: “The ALJ determined that when bylaws state a meeting “shall be held” on a specific date, this language is mandatory and not permissive. The HOA does not have the discretion to change the date of the annual meeting if the governing documents specify exactly when it must occur.”, “alj_quote”: “Respondent’s Bylaws state, ‘[t]he annual meeting of the members shall be held,’ at the designated date and time annually. The phrase ‘shall be held’ is not permissive; there is no changing the date of the annual meeting.”, “legal_basis”: “Bylaws Article II Section 3”, “topic_tags”: [ “Annual Meetings”, “Bylaws Interpretation”, “HOA Obligations” ] }, { “question”: “Does a meeting count as being ‘held’ if the HOA schedules it but fails to reach a quorum?”, “short_answer”: “No. If a quorum is not present, the meeting is legally considered not to have been held.”, “detailed_answer”: “Even if the HOA sends notice and attempts to convene, the failure to achieve a quorum means the meeting cannot conduct business. The ALJ ruled that in such cases, the meeting was not actually held, resulting in a violation if the bylaws required a meeting on that date.”, “alj_quote”: “Respondent attempted to hold an annual meeting on May 8, 2023, and but for the lack of quorum, the meeting was not held.”, “legal_basis”: “Findings of Fact”, “topic_tags”: [ “Quorum”, “Annual Meetings”, “Procedural Requirements” ] }, { “question”: “If I win my dispute against the HOA, will I get my $500 filing fee back?”, “short_answer”: “Yes. The ALJ has the authority to order the HOA to reimburse the filing fee to the prevailing homeowner.”, “detailed_answer”: “In this decision, after ruling in favor of the homeowner regarding the failure to hold the annual meeting, the judge ordered the HOA to reimburse the $500 filing fee the homeowner paid to initiate the case.”, “alj_quote”: “IT IS FURTHER ORDERED Respondent shall reimburse Petitioner’s filing fee of $500.00 pursuant to ARIZ. REV. STAT. § 32-2199.02(A).”, “legal_basis”: “ARIZ. REV. STAT. § 32-2199.02(A)”, “topic_tags”: [ “Remedies”, “Filing Fees”, “Costs” ] }, { “question”: “Will the HOA automatically be fined a civil penalty if they are found to have violated the bylaws?”, “short_answer”: “No. The ALJ may deny a request for civil penalties even if they find that a violation occurred.”, “detailed_answer”: “While the homeowner in this case requested a civil penalty be levied against the HOA for the violation, the ALJ explicitly denied this request in the final order, despite ruling that the HOA had violated the bylaws.”, “alj_quote”: “IT IS FURTHER ORDERED that Petitioner’s request to levy a civil penalty against Respondent is denied.”, “legal_basis”: “Administrative Discretion”, “topic_tags”: [ “Penalties”, “Remedies”, “Enforcement” ] }, { “question”: “Who has to prove that the HOA violated the rules?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing before the OAH, the person bringing the complaint must prove their case by a ‘preponderance of the evidence.’ It is not up to the HOA to prove they are innocent; the homeowner must prove the violation occurred.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated Article II Section 3 of the Bylaws.”, “legal_basis”: “ARIZ. ADMIN. CODE R2-19-119”, “topic_tags”: [ “Burden of Proof”, “Legal Standards”, “Hearing Procedures” ] }, { “question”: “What kind of HOA disputes can I file with the Arizona Department of Real Estate?”, “short_answer”: “You can file petitions regarding violations of community documents (CC&Rs, bylaws) or state statutes regulating planned communities.”, “detailed_answer”: “The Department has jurisdiction to hear disputes between owners and associations specifically concerning violations of the community’s governing documents or the relevant Arizona statutes regulating these communities.”, “alj_quote”: “The owner or association may petition the department for a hearing concerning violations of community documents or violations of the statutes that regulate planned communities…”, “legal_basis”: “ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.”, “topic_tags”: [ “Jurisdiction”, “ADRE”, “Filing a Complaint” ] } ] }


Case Participants

Petitioner Side

  • Deborah Masear (petitioner)
    Paradise Park Condominiums Phase II HOA Member
    Also referred to as Deborah Maer

Respondent Side

  • Ashley Moscarello (HOA attorney)
    Goodman Law Group
    Appeared on behalf of Respondent
  • Carl Westlund (witness)
    Management Trust
    Community Manager for the HOA

Neutral Parties

  • Brian Del Vecchio (ALJ)
    OAH
    Also referred to as Judge Delio
  • Susan Nicolson (Commissioner)
    ADRE
  • AHansen (ADRE staff)
    ADRE
    Recipient of decision
  • vnunez (ADRE staff)
    ADRE
    Recipient of decision
  • djones (ADRE staff)
    ADRE
    Recipient of decision
  • labril (ADRE staff)
    ADRE
    Recipient of decision

Barbara J. Ryan v. Dragoon Mountain Ranch Phase I Meadows Property

Case Summary

Case ID 23F-H035-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-04-17
Administrative Law Judge Velva Moses-Thompson
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Barbara J. Ryan Counsel
Respondent Dragoon Mountain Ranch Phase I Meadows Property Owners Association Counsel Jody Corrales, Esq.

Alleged Violations

A.R.S. § 33-1804, A.R.S. § 33-1318, Respondent’s Bylaws sections 7.1, 7.2, 12.1 – 12.3

Outcome Summary

The Petitioner was deemed the prevailing party. The ALJ found the Respondent violated Bylaw section 7.1 by failing to hold an annual members meeting in 2021 and 2022. Respondent was ordered to refund the $500 filing fee and ensure future compliance with Bylaw section 7.1. No civil penalty was imposed.

Why this result: The violation (failure to hold an annual member meeting) was undisputed by the Respondent, and Respondent's counsel conceded there were no legal defenses to this fact.

Key Issues & Findings

Failure to hold an annual members meeting in two years and ignoring members written petitions and requests for a meeting

It was undisputed that the Respondent HOA failed to hold an annual meeting of the members from March 2020 to the time of the hearing. The ALJ found by a preponderance of the evidence that the Respondent violated section 7.1 of its Bylaws.

Orders: Respondent must pay the Petitioner's filing fee of $500.00 within thirty days and is directed to comply with section 7.1 of its Bylaws going forward. No civil penalty was found appropriate.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1318
  • Respondent’s Bylaws sections 7.1
  • Respondent’s Bylaws sections 7.2
  • Respondent’s Bylaws sections 12.1 – 12.3
  • 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. § 41-1092.09

Analytics Highlights

Topics: HOA Annual Meeting, Bylaws Violation, Filing Fee Refund, Administrative Hearing, Planned Community
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1318
  • Respondent’s Bylaws sections 7.1
  • Respondent’s Bylaws sections 7.2
  • Respondent’s Bylaws sections 12.1 – 12.3
  • 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. § 41-1092.09

Video Overview

Audio Overview

https://open.spotify.com/episode/427Jtvhv86O3eSaVHmEQjV

Decision Documents

23F-H035-REL Decision – 1043132.pdf

Uploaded 2026-01-23T17:54:21 (55.9 KB)

23F-H035-REL Decision – 1048244.pdf

Uploaded 2026-01-23T17:54:24 (37.7 KB)

23F-H035-REL Decision – 1049662.pdf

Uploaded 2026-01-23T17:54:28 (18.7 KB)

23F-H035-REL Decision – 1049665.pdf

Uploaded 2026-01-23T17:54:31 (23.9 KB)

23F-H035-REL Decision – 1049666.pdf

Uploaded 2026-01-23T17:54:36 (87.4 KB)

Questions

Question

Can an HOA skip annual member meetings due to ongoing litigation or bankruptcy proceedings?

Short Answer

No. Legal defenses based on external issues like litigation or bankruptcy may not validate the failure to hold meetings required by bylaws.

Detailed Answer

In this case, the HOA attempted to argue that bankruptcy and litigation prevented them from holding meetings. However, the ALJ noted that the Respondent's own counsel eventually admitted there were no legal defenses for failing to hold the meeting, and the failure was ruled a violation.

Alj Quote

Respondent’s counsel stated that there were no legal defenses to Respondent’s failure to hold a board meeting.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • annual meetings
  • HOA defenses
  • bankruptcy

Question

If I include multiple complaints in my petition but only pay the fee for one, will the judge hear all of them?

Short Answer

No. The Administrative Law Judge will likely only address the specific issue for which the filing fee was paid.

Detailed Answer

The petitioner included allegations regarding failure to respond to requests for special meetings and removal of directors, but because she only paid the $500 fee for one issue (failure to hold annual meetings), the other allegations were not addressed in the decision.

Alj Quote

The petition included other allegations including, but not limited to, the Board failure to respond to requests for a special meeting of members and/or a meeting to remove directors from the Board. However, Petitioner has paid for only one issue.

Legal Basis

Procedural Rule

Topic Tags

  • filing fees
  • petition scope
  • administrative procedure

Question

Does the failure to hold an annual meeting automatically invalidate the HOA's corporate actions?

Short Answer

Not necessarily. Bylaws often contain specific provisions stating that the failure to hold a meeting does not affect the validity of corporate actions.

Detailed Answer

The decision cites a specific section of the HOA's bylaws which explicitly states that missing the fixed time for an annual meeting does not invalidate corporate actions.

Alj Quote

The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with the Bylaws does not affect the validity of any corporate action.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • corporate actions
  • validity
  • bylaws

Question

What standard of proof must a homeowner meet to win a hearing against their HOA?

Short Answer

The homeowner must prove the violation by a 'preponderance of the evidence'.

Detailed Answer

The burden is on the petitioner to show that their contention is 'more probably true than not.' It is not based on the number of witnesses but on the convincing force of the evidence.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated on its CC&Rs 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 standard
  • evidence

Question

Can I be reimbursed for my filing fee if I win my case against the HOA?

Short Answer

Yes. The ALJ has the authority to order the HOA to pay the filing fee back to the prevailing homeowner.

Detailed Answer

After ruling in favor of the petitioner regarding the failure to hold meetings, the judge ordered the HOA to pay the petitioner the $500 filing fee within 30 days.

Alj Quote

IT IS FURTHER ORDERED that Respondent Dragoon Mountain Ranch Phase I Meadows Property Owners Association must pay to Petitioner her filing fee of $500.00 within thirty days of receipt of this Order.

Legal Basis

Order of the ALJ

Topic Tags

  • reimbursement
  • filing fees
  • penalties

Question

Will the HOA always be fined a civil penalty if they are found to have violated the bylaws?

Short Answer

No. The judge may decide that a civil penalty is not appropriate even if a violation is found.

Detailed Answer

Although the HOA was found to have violated the bylaws by not holding meetings for two years, the judge explicitly declined to assess a civil penalty in this specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Judicial Discretion

Topic Tags

  • civil penalty
  • fines
  • enforcement

Case

Docket No
23F-H035-REL
Case Title
Barbara J. Ryan vs Dragoon Mountain Ranch Phase I Meadows Property Owners Association
Decision Date
2023-04-17
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Questions

Question

Can an HOA skip annual member meetings due to ongoing litigation or bankruptcy proceedings?

Short Answer

No. Legal defenses based on external issues like litigation or bankruptcy may not validate the failure to hold meetings required by bylaws.

Detailed Answer

In this case, the HOA attempted to argue that bankruptcy and litigation prevented them from holding meetings. However, the ALJ noted that the Respondent's own counsel eventually admitted there were no legal defenses for failing to hold the meeting, and the failure was ruled a violation.

Alj Quote

Respondent’s counsel stated that there were no legal defenses to Respondent’s failure to hold a board meeting.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • annual meetings
  • HOA defenses
  • bankruptcy

Question

If I include multiple complaints in my petition but only pay the fee for one, will the judge hear all of them?

Short Answer

No. The Administrative Law Judge will likely only address the specific issue for which the filing fee was paid.

Detailed Answer

The petitioner included allegations regarding failure to respond to requests for special meetings and removal of directors, but because she only paid the $500 fee for one issue (failure to hold annual meetings), the other allegations were not addressed in the decision.

Alj Quote

The petition included other allegations including, but not limited to, the Board failure to respond to requests for a special meeting of members and/or a meeting to remove directors from the Board. However, Petitioner has paid for only one issue.

Legal Basis

Procedural Rule

Topic Tags

  • filing fees
  • petition scope
  • administrative procedure

Question

Does the failure to hold an annual meeting automatically invalidate the HOA's corporate actions?

Short Answer

Not necessarily. Bylaws often contain specific provisions stating that the failure to hold a meeting does not affect the validity of corporate actions.

Detailed Answer

The decision cites a specific section of the HOA's bylaws which explicitly states that missing the fixed time for an annual meeting does not invalidate corporate actions.

Alj Quote

The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with the Bylaws does not affect the validity of any corporate action.

Legal Basis

Bylaws Section 7.1

Topic Tags

  • corporate actions
  • validity
  • bylaws

Question

What standard of proof must a homeowner meet to win a hearing against their HOA?

Short Answer

The homeowner must prove the violation by a 'preponderance of the evidence'.

Detailed Answer

The burden is on the petitioner to show that their contention is 'more probably true than not.' It is not based on the number of witnesses but on the convincing force of the evidence.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated on its CC&Rs 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 standard
  • evidence

Question

Can I be reimbursed for my filing fee if I win my case against the HOA?

Short Answer

Yes. The ALJ has the authority to order the HOA to pay the filing fee back to the prevailing homeowner.

Detailed Answer

After ruling in favor of the petitioner regarding the failure to hold meetings, the judge ordered the HOA to pay the petitioner the $500 filing fee within 30 days.

Alj Quote

IT IS FURTHER ORDERED that Respondent Dragoon Mountain Ranch Phase I Meadows Property Owners Association must pay to Petitioner her filing fee of $500.00 within thirty days of receipt of this Order.

Legal Basis

Order of the ALJ

Topic Tags

  • reimbursement
  • filing fees
  • penalties

Question

Will the HOA always be fined a civil penalty if they are found to have violated the bylaws?

Short Answer

No. The judge may decide that a civil penalty is not appropriate even if a violation is found.

Detailed Answer

Although the HOA was found to have violated the bylaws by not holding meetings for two years, the judge explicitly declined to assess a civil penalty in this specific matter.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Judicial Discretion

Topic Tags

  • civil penalty
  • fines
  • enforcement

Case

Docket No
23F-H035-REL
Case Title
Barbara J. Ryan vs Dragoon Mountain Ranch Phase I Meadows Property Owners Association
Decision Date
2023-04-17
Alj Name
Velva Moses-Thompson
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Barbara J. Ryan (petitioner)
    Appeared on behalf of herself
  • Bill Nethery (witness)
    Meadows Property Association member
    Listed as a witness on Petitioner's petition
  • Damon Rosen (applicant for board vacancy)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association member
    Individual who submitted a resume to serve on the board

Respondent Side

  • Jody A. Corrales (HOA attorney)
    DeConcini McDonald Yetwin & Lacy
    Represented the Respondent, Dragoon Mountain Ranch Phase I Meadows Property Owners Association
  • Dorothy Marine (board member/witness)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director and President of the board; testified at hearing
  • Cindy Celeste (board member)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director
  • Jim Kasa (board member)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
    Also introduced herself as Sales Thompson
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • labril (ADRE staff)
    Arizona Department of Real Estate

Other Participants

  • Gail Olia (former board member)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association
    Director who resigned; also referred to as Jill Olia
  • Sorl Tate (homeowner)
    Dragoon Mountain Ranch Phase I Meadows Property Owners Association member
    Individual whose prior contentious state court proceeding against the HOA contributed to the bankruptcy

Kimberly Martinez v. Pineglen Owner’s Association

Case Summary

Case ID 23F-H027-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-03-09
Administrative Law Judge Sondra J. Vanella
Outcome partial
Filing Fees Refunded $1,500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kimberly Martinez Counsel
Respondent Pineglen Owner's Association Counsel

Alleged Violations

A.R.S. § 33-1812(A)(6)
Bylaws, Article IV, Sections 1 and 2
A.R.S. § 33-1805(A)

Outcome Summary

Petitioner was deemed the prevailing party on Petition Issues 1 and 3, establishing violations of A.R.S. § 33-1812(A)(6) and A.R.S. § 33-1805(A). Respondent was deemed the prevailing party on Issue 2. Respondent was ordered to pay Petitioner $1,000.00 of the filing fee and directed to comply with the violated statutes going forward. No Civil Penalty was imposed.

Why this result: Petitioner failed to prove the violation related to the appointed board positions (Issue 2) by a preponderance of the evidence.

Key Issues & Findings

The ballot for the annual election of Board members did not have the proper resident identifiers, lot number or physical address; and the process for write-in candidates was not provided or outlined.

The ballots utilized by Respondent did not contain the address of the person voting, violating the requirement that completed ballots shall contain the name, address, and signature of the person voting.

Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1812(A)(6) going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1812(A)(6)
  • Bylaws, Article III, Section 3

At the Annual Meeting the Board President announced 2 new Board positions, but did not follow the electoral process for filling the 2 positions, instead appointed 2 residents to the new positions.

Petitioner failed to establish by a preponderance of the evidence that Respondent violated its Bylaws regarding the appointment of two board positions (RV Lot Manager and Architectural Review Manager), as the Board was within its limits to increase membership and fill vacancies until the next election.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Bylaws, Article IV, Section 1
  • Bylaws, Article IV, Section 2

The Board Secretary refused to comply to Petitioner's request, per ARS 33-1805(A), of supplying copies of HOA records, either electronically or by purchase of hard copies.

Petitioner requested copies in writing and offered to pay, but Respondent refused to provide copies, contrary to the statutory obligation that the association must provide copies of requested records upon request for purchase within ten business days.

Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1805(A) going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • Bylaws, Article VII, Section 3

Analytics Highlights

Topics: HOA Election, Ballot Requirements, HOA Records Request, Board Appointments, Filing Fee Refund
Additional Citations:

  • A.R.S. § 33-1812(A)(6)
  • A.R.S. § 33-1805(A)
  • Bylaws, Article IV, Section 1
  • Bylaws, Article IV, Section 2
  • Bylaws, Article III, Section 3
  • Bylaws, Article VII, Section 3

Video Overview

Audio Overview

https://open.spotify.com/episode/79Eos9GXApf2bkZLK6iafR

Decision Documents

23F-H027-REL Decision – 1027053.pdf

Uploaded 2026-01-23T17:53:20 (50.0 KB)

23F-H027-REL Decision – 1028006.pdf

Uploaded 2026-01-23T17:53:24 (57.9 KB)

23F-H027-REL Decision – 1029880.pdf

Uploaded 2026-01-23T17:53:28 (60.6 KB)

23F-H027-REL Decision – 1040305.pdf

Uploaded 2026-01-23T17:53:33 (160.5 KB)

Questions

Question

Must HOA election ballots include the voter's address?

Short Answer

Yes, unless the community documents explicitly permit secret ballots.

Detailed Answer

According to Arizona law, completed ballots must contain the name, address, and signature of the voter. The only exception is if community documents allow for secret ballots, in which case this information must be on the envelope.

Alj Quote

The ballots utilized by Respondent did not contain the address of the person voting. Therefore, Petitioner established by a preponderance of the evidence that Respondent violated A.R.S. § 33-1812(A)(6).

Legal Basis

A.R.S. § 33-1812(A)(6)

Topic Tags

  • Elections
  • Ballots
  • Voting

Question

Can an HOA refuse to provide copies of records and force me to view them in person instead?

Short Answer

No. If a member requests to purchase copies, the HOA must provide them.

Detailed Answer

While an HOA can make records available for viewing, if a homeowner explicitly requests to purchase copies, the HOA is statutorily obligated to provide those copies within ten business days. Simply offering a viewing does not satisfy a request for copies.

Alj Quote

Respondent refused to provide copies of the requested documents and would only allow Petitioner to view the documents, contrary to its statutory obligation. … Petitioner established by a preponderance of the evidence that Respondent violated A.R.S. § 33-1805(A).

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • Records Request
  • Transparency
  • HOA Obligations

Question

Can the HOA Board appoint people to fill vacancies or new positions without holding an election?

Short Answer

Yes, if the bylaws permit the Board to fill vacancies until the next election.

Detailed Answer

If the community bylaws allow the Board to increase its membership within certain limits and fill vacancies, the Board can appoint members to these positions. These appointees generally serve until the next scheduled election.

Alj Quote

The credible evidence of record established that Respondent appropriately appointed these positions and that the positions will appear on the ballot of the next election.

Legal Basis

Bylaws Article IV, Section 1

Topic Tags

  • Board Vacancies
  • Appointments
  • Bylaws

Question

Who has the burden of proof in a hearing against an HOA?

Short Answer

The homeowner (Petitioner) must prove the violation.

Detailed Answer

The homeowner filing the petition is responsible for providing sufficient evidence to prove that the HOA violated statutes or community documents. The standard is a 'preponderance of the evidence,' meaning it is more likely than not that the violation occurred.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated applicable statutes, CC&Rs, and/or Bylaws by a preponderance of the evidence.

Legal Basis

A.A.C. R2-19-119(A)

Topic Tags

  • Legal Standards
  • Burden of Proof
  • Hearing Procedures

Question

How much can an HOA charge for copies of records?

Short Answer

The HOA may charge a fee of no more than 15 cents per page.

Detailed Answer

Arizona statute limits the fee an association can charge for making copies of records requested by a member to a maximum of fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • Records Request
  • Fees
  • HOA Obligations

Question

If I win my case, will the HOA have to pay a civil penalty?

Short Answer

Not necessarily; civil penalties are discretionary.

Detailed Answer

Even if the HOA is found to have violated the law, the Administrative Law Judge is not required to impose a civil penalty. In this case, despite finding violations regarding ballots and records, the judge decided no penalty was appropriate.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Discretionary

Topic Tags

  • Penalties
  • Enforcement
  • Civil Penalty

Question

Can I get my filing fee reimbursed if the ALJ rules in my favor?

Short Answer

Yes, the ALJ can order the HOA to reimburse the filing fee.

Detailed Answer

If the homeowner prevails on the issues presented in the petition, the Administrative Law Judge has the authority to order the Respondent (HOA) to pay the filing fee back to the Petitioner.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner the filing fee of $1,000.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • Remedies
  • Filing Fees
  • Reimbursement

Case

Docket No
23F-H027-REL
Case Title
Kimberly Martinez v. Pineglen Owner's Association
Decision Date
2023-03-09
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Must HOA election ballots include the voter's address?

Short Answer

Yes, unless the community documents explicitly permit secret ballots.

Detailed Answer

According to Arizona law, completed ballots must contain the name, address, and signature of the voter. The only exception is if community documents allow for secret ballots, in which case this information must be on the envelope.

Alj Quote

The ballots utilized by Respondent did not contain the address of the person voting. Therefore, Petitioner established by a preponderance of the evidence that Respondent violated A.R.S. § 33-1812(A)(6).

Legal Basis

A.R.S. § 33-1812(A)(6)

Topic Tags

  • Elections
  • Ballots
  • Voting

Question

Can an HOA refuse to provide copies of records and force me to view them in person instead?

Short Answer

No. If a member requests to purchase copies, the HOA must provide them.

Detailed Answer

While an HOA can make records available for viewing, if a homeowner explicitly requests to purchase copies, the HOA is statutorily obligated to provide those copies within ten business days. Simply offering a viewing does not satisfy a request for copies.

Alj Quote

Respondent refused to provide copies of the requested documents and would only allow Petitioner to view the documents, contrary to its statutory obligation. … Petitioner established by a preponderance of the evidence that Respondent violated A.R.S. § 33-1805(A).

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • Records Request
  • Transparency
  • HOA Obligations

Question

Can the HOA Board appoint people to fill vacancies or new positions without holding an election?

Short Answer

Yes, if the bylaws permit the Board to fill vacancies until the next election.

Detailed Answer

If the community bylaws allow the Board to increase its membership within certain limits and fill vacancies, the Board can appoint members to these positions. These appointees generally serve until the next scheduled election.

Alj Quote

The credible evidence of record established that Respondent appropriately appointed these positions and that the positions will appear on the ballot of the next election.

Legal Basis

Bylaws Article IV, Section 1

Topic Tags

  • Board Vacancies
  • Appointments
  • Bylaws

Question

Who has the burden of proof in a hearing against an HOA?

Short Answer

The homeowner (Petitioner) must prove the violation.

Detailed Answer

The homeowner filing the petition is responsible for providing sufficient evidence to prove that the HOA violated statutes or community documents. The standard is a 'preponderance of the evidence,' meaning it is more likely than not that the violation occurred.

Alj Quote

Petitioner bears the burden of proof to establish that Respondent violated applicable statutes, CC&Rs, and/or Bylaws by a preponderance of the evidence.

Legal Basis

A.A.C. R2-19-119(A)

Topic Tags

  • Legal Standards
  • Burden of Proof
  • Hearing Procedures

Question

How much can an HOA charge for copies of records?

Short Answer

The HOA may charge a fee of no more than 15 cents per page.

Detailed Answer

Arizona statute limits the fee an association can charge for making copies of records requested by a member to a maximum of fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • Records Request
  • Fees
  • HOA Obligations

Question

If I win my case, will the HOA have to pay a civil penalty?

Short Answer

Not necessarily; civil penalties are discretionary.

Detailed Answer

Even if the HOA is found to have violated the law, the Administrative Law Judge is not required to impose a civil penalty. In this case, despite finding violations regarding ballots and records, the judge decided no penalty was appropriate.

Alj Quote

No Civil Penalty is found to be appropriate in this matter.

Legal Basis

Discretionary

Topic Tags

  • Penalties
  • Enforcement
  • Civil Penalty

Question

Can I get my filing fee reimbursed if the ALJ rules in my favor?

Short Answer

Yes, the ALJ can order the HOA to reimburse the filing fee.

Detailed Answer

If the homeowner prevails on the issues presented in the petition, the Administrative Law Judge has the authority to order the Respondent (HOA) to pay the filing fee back to the Petitioner.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioner the filing fee of $1,000.00, to be paid directly to Petitioner within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • Remedies
  • Filing Fees
  • Reimbursement

Case

Docket No
23F-H027-REL
Case Title
Kimberly Martinez v. Pineglen Owner's Association
Decision Date
2023-03-09
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Kimberly Martinez (petitioner)
    Appeared on her own behalf
  • Christine McCabe (assistant/observer)
    Friend assisting Petitioner due to hearing deficit

Respondent Side

  • Susan Goeldner (HOA secretary/board member/representative)
    Pineglen Owner's Association
    Testified and acted as primary representative for Respondent
  • Warren Doty (HOA VP/board member/representative/witness)
    Pineglen Owner's Association
    Testified on Complaint Number 1
  • Tim Mahoney (HOA treasurer/board member/witness)
    Pineglen Owner's Association
    Observed proceedings; testified briefly on Complaint Number 3
  • Mark McElvain (former HOA president/observer)
    Pineglen Owner's Association
    Observed proceedings
  • Fred Bates (former board member/observer)
    Pineglen Owner's Association
    Observed proceedings
  • Addie Bassoon (HOA president)
    Pineglen Owner's Association
    Did not attend hearing due to personal issues; referenced in testimony/documents

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    ADRE
    Recipient of initial correspondence/minute entries
  • Susan Nicolson (Commissioner)
    ADRE
    Recipient of final decision copies
  • AHansen (ADRE staff)
    ADRE
    Recipient of correspondence/decision copies (listed by email attn)
  • vnunez (ADRE staff)
    ADRE
    Recipient of correspondence/decision copies (listed by email attn)
  • djones (ADRE staff)
    ADRE
    Recipient of correspondence/decision copies (listed by email attn)
  • labril (ADRE staff)
    ADRE
    Recipient of correspondence/decision copies (listed by email attn)