Tom J Martin v. SaddleBrooke Home Owners Association #1, Inc.

Case Summary

Case ID 19F-H1918022-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-05-10
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Tom J Martin Counsel
Respondent SaddleBrooke Home Owners Association #1, Inc. Counsel Carolyn B. Goldschmidt

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01(A); ARIZ. REV. STAT. § 33-1802(2)

Outcome Summary

The Administrative Law Judge affirmed the dismissal of the petition on rehearing, ruling that the HOA's website and policy manual are not 'community documents' as defined by statute, and therefore the Department has no jurisdiction to adjudicate disputes regarding them. Additionally, the requested financial relief was outside the ALJ's authority.

Why this result: Lack of subject matter jurisdiction because the alleged violations did not involve the declaration, bylaws, articles of incorporation, or rules of the planned community.

Key Issues & Findings

Alleged violation of HOA website and Policy Manual (Policy BC-3) regarding pickleball courts

Petitioner alleged that the HOA violated its website and policy manual by failing to provide pickleball courts as marketed. The Respondent moved to dismiss for lack of jurisdiction, arguing these documents are not community documents. The ALJ affirmed the dismissal, finding that policies and website statements do not fall under the statutory definition of community documents in A.R.S. § 33-1802(2), thus the Department lacked jurisdiction.

Orders: Petitioner Tom J. Martin’s petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 32-2199.02
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc.

Analytics Highlights

Topics: jurisdiction, community documents, policy manual, pickleball courts, dismissal, rehearing
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802(2)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 1-213
  • ARIZ. REV. STAT. § 12-904
  • Walker v. Scottsdale, 163 Ariz. 206, 786 P.2d 1057 (App. 1989)
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)

Decision Documents

19F-H1918022-REL Decision – 704322.pdf

Uploaded 2025-12-19T15:21:49 (89.7 KB)

Case Participants

Petitioner Side

  • Tom J Martin (petitioner)
    Appeared on his own behalf

Respondent Side

  • Carolyn B. Goldschmidt (HOA attorney)
    Goldschmidt, Shupe, PLLC
  • Michael S. Shupe (HOA attorney)
    Goldschmidt, Shupe, PLLC
    Recipient of decision transmittal

Neutral Parties

  • Thomas Shedden (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
    Recipient of decision transmittal
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of decision transmittal
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of decision transmittal
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of decision transmittal
  • ncano (ADRE staff)
    Arizona Department of Real Estate
    Recipient of decision transmittal

Other Participants

  • JS (Clerk)
    Transmittal initials

Tom J Martin v. SaddleBrooke Home Owners Association #1, Inc.

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

Case Summary

Case ID 19F-H1918022-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-05-10
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Tom J Martin Counsel
Respondent SaddleBrooke Home Owners Association #1, Inc. Counsel Carolyn B. Goldschmidt

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01(A); ARIZ. REV. STAT. § 33-1802(2)

Outcome Summary

The petition was dismissed because the Administrative Law Judge determined that the alleged violations of the HOA's website and policy manual did not involve 'community documents' as defined by statute, meaning the matter did not fall within the tribunal's jurisdiction under ARIZ. REV. STAT. § 32-2199.01(A).

Why this result: The petition was dismissed because the initial claims did not meet the requirements of ARIZ. REV. STAT. § 32-2199.01(A), as the alleged violations involved documents (website and policy BC-3) that are not considered 'community documents' under ARIZ. REV. STAT. § 33-1802(2).

Key Issues & Findings

Alleged violation of HOA website and Policy BC-3 concerning the provision of pickleball courts

Petitioner alleged the HOA violated its website and Policy Manual (BC-3) regarding the provision of pickleball courts. Respondent filed a Motion to Dismiss, arguing the Department lacked jurisdiction because neither the website nor Policy BC-3 are defined as 'community documents' under ARIZ. REV. STAT. § 33-1802(2). The ALJ agreed, finding the claim failed to meet the jurisdictional requirements of ARIZ. REV. STAT. § 32-2199.01(A).

Orders: Petitioner Tom J. Martin’s petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 33-1802(2)
  • ARIZ. REV. STAT. § 32-2199.02

Analytics Highlights

Topics: jurisdiction, community documents, policy manual, dismissal
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 32-2199.02
  • Walker v. Scottsdale
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc.

Video Overview

Audio Overview

Decision Documents

19F-H1918022-REL-RHG Decision – 704322.pdf

Uploaded 2025-10-09T03:33:41 (89.7 KB)





Briefing Doc – 19F-H1918022-REL-RHG


Briefing Document: Martin v. SaddleBrooke Home Owners Association #1, Inc. (Case No. 19F-H1918022-REL-RHG)

Executive Summary

This document synthesizes the Administrative Law Judge Decision in the case of Tom J. Martin versus SaddleBrooke Home Owners Association #1, Inc., which resulted in the dismissal of the petitioner’s case. The decision, issued on May 10, 2019, centered on a critical jurisdictional question: whether an HOA’s website content and internal policy manual constitute “community documents” under Arizona state law.

The Administrative Law Judge (ALJ) concluded they do not. The petitioner’s claim, which alleged the HOA failed to provide pickleball courts as promised on its website and in its “Policy Number BC-3,” was dismissed because it did not allege a violation of a legally recognized “community document.” According to Arizona Revised Statutes, such documents are strictly defined as the declaration, bylaws, articles of incorporation, and formally adopted rules. As the petitioner’s initial filing cited only the website and a policy not adopted as a rule, the Office of Administrative Hearings lacked the statutory jurisdiction to hear the case. Furthermore, the ALJ determined that the petitioner’s requested relief—a financial award of $463,112 or the construction of eight new courts—was beyond the scope of the tribunal’s authority.

Case Overview

Case Name

Tom J. Martin v. SaddleBrooke Home Owners Association #1, Inc.

Case Number

19F-H1918022-REL-RHG

Tribunal

Arizona Office of Administrative Hearings

Petitioner

Tom J. Martin

Respondent

SaddleBrooke Home Owners Association #1, Inc.

Presiding Judge

Administrative Law Judge Thomas Shedden

Date of Decision

May 10, 2019

Petitioner’s Core Allegations and Requested Relief

The petition filed by Tom J. Martin on September 28, 2018, was founded on the central allegation that the SaddleBrooke HOA violated its own website content and its internal policy manual, specifically “Policy Number BC-3.”

Primary Allegation: The HOA failed to fulfill its advertised and marketed promise to provide pickleball courts.

Cited Violations: In the initial petition, Martin explicitly alleged violations of the HOA’s website and policy manual. While he checked boxes on the petition form indicating violations of the CC&Rs and Bylaws, he failed to identify any specific provisions from those documents.

Requested Relief: The petitioner sought a significant remedy from the HOA, requesting one of the following:

1. Financial support in the amount of $463,112.00 for the expansion of pickleball courts in Bobcat Canyon.

2. The provision of eight new pickleball courts within a two-mile radius of the community within one year.

3. A commitment from the HOA to be financially responsible for the maintenance of pickleball courts in an amount equal to its spending on eight tennis courts.

Procedural History and Key Arguments

The case progressed through several key stages, culminating in a rehearing and a final dismissal.

1. Initial Petition (September 28, 2018): Mr. Martin filed his single-issue petition with the Arizona Department of Real Estate.

2. Respondent’s Motion to Dismiss (November 30, 2018): The HOA argued that the Department of Real Estate lacked jurisdiction over the matter. Its core argument was that hearings under ARIZ. REV. STAT. § 32-2199.01 are limited to violations of “community documents,” and that a website and an internal policy do not meet the legal definition of such documents. The HOA also contended the requested relief was outside the tribunal’s authority.

3. Petitioner’s Response (December 4, 2018): In his response, Mr. Martin argued that a “policy” should be interpreted as a “rule” under its ordinary meaning. He further asserted that another HOA policy (CE-3) defined “governing documents” to include “Rules and Regulations,” and therefore Policy BC-3 should be considered a governing document.

4. Initial Dismissal (December 12, 2018): The ALJ dismissed the petition, finding that it had not alleged a violation meeting the statutory requirements.

5. Request for Rehearing (December 31, 2018): Mr. Martin requested a rehearing, reasserting that a “policy” is a “rule.” In this request, he newly alleged that the HOA had violated specific provisions: Bylaws article 4, section 6(3) and Articles of Incorporation Article XII, by failing to implement policy BC-3.

6. Rehearing (April 16, 2019): A rehearing was conducted where both parties presented their cases. The respondent renewed its argument regarding lack of jurisdiction.

Central Legal Dispute: The Definition of “Community Documents”

The determinative issue of the case was the precise legal definition of “community documents” and whether the petitioner’s claims fell within that scope.

Statutory Definition: The court’s decision was anchored in ARIZ. REV. STAT. § 33-1802(2), which defines community documents as:

◦ The declaration (CC&Rs)

◦ Bylaws

◦ Articles of incorporation, if any

◦ Rules, if any

The Court’s Finding: The ALJ concluded that this legislative definition is exclusive and does not include “a planned community’s statements of policy, statements on its website, or advertising and marketing material.”

Petitioner’s Argument Rejected: Mr. Martin’s argument that Policy BC-3 should be considered a rule was found to be “not persuasive.” A critical finding of fact was that the “Respondent has not adopted policy BC-3 as a rule” under the authority granted in its CC&Rs (section 4.5). The tribunal must follow the legislature’s explicit definition.

Administrative Law Judge’s Conclusions and Final Order

The ALJ’s conclusions of law led directly to the dismissal of the petition on jurisdictional grounds.

Lack of Jurisdiction: Because Mr. Martin’s original petition only alleged that the respondent violated its website and policy manual—neither of which are “community documents” under Arizona law—the petition failed to meet the foundational requirements for a hearing under ARIZ. REV. STAT. § 32-2199.01(A).

Improper Relief Requested: The ALJ also concluded that the relief Mr. Martin sought was not within the tribunal’s authority. Under ARIZ. REV. STAT. § 32-2199.02, an ALJ may order a party to abide by statutes or community documents and may levy civil penalties. The statute does not grant the authority to order large financial payments for construction or to mandate specific capital improvement projects.

Final Order: Based on these conclusions, the petition was dismissed.

IT IS ORDERED that Petitioner Tom J. Martin’s petition is dismissed.

The decision, having been issued as the result of a rehearing, is binding on the parties. Any appeal must be filed for judicial review with the superior court within thirty-five days from the date of the order’s service.






Study Guide – 19F-H1918022-REL-RHG


Study Guide: Martin v. SaddleBrooke Home Owners Association #1, Inc.

This guide provides a detailed review of the Administrative Law Judge Decision in the case of Tom J. Martin vs. SaddleBrooke Home Owners Association #1, Inc. (No. 19F-H1918022-REL-RHG). It is designed to test and deepen understanding of the case’s facts, legal arguments, and final outcome.

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Short-Answer Quiz

Answer the following questions in 2-3 complete sentences, based on the information provided in the source document.

1. Who were the Petitioner and Respondent in case No. 19F-H1918022-REL-RHG?

2. What was the central allegation made by the Petitioner in his initial petition filed on or about September 28, 2018?

3. Describe the two alternative forms of relief the Petitioner requested in his petition.

4. On what primary legal grounds did the Respondent file its Motion to Dismiss?

5. According to Arizona Revised Statute section 33-1802(2), what are the four types of documents that constitute “community documents”?

6. Explain the two main arguments the Petitioner made in his Response to the Motion to Dismiss for why Policy BC-3 should be considered a governing document.

7. What new violation did the Petitioner allege in his request for a rehearing on December 31, 2019?

8. According to the Administrative Law Judge’s findings, what was the final outcome of the Petitioner’s petition and the primary reason for this decision?

9. According to A.R.S. § 32-2199.02, what powers does an administrative law judge have if a violation of community documents is found?

10. What is the process and time frame for a party wishing to appeal this Administrative Law Judge order?

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Answer Key

1. The Petitioner was Tom J. Martin, who appeared on his own behalf. The Respondent was SaddleBrooke Home Owners Association #1, Inc., which was represented by Carolyn B. Goldschmidt, Esq.

2. In his initial petition, Mr. Martin’s single-issue allegation was that the Respondent violated its website and its policy manual, specifically Policy Number BC-3. He included printouts from the website and a copy of the policy with his petition.

3. The Petitioner requested financial support in the sum of $463,112.00 for the expansion of pickleball courts in Bobcat Canyon. Alternatively, he requested that the Respondent provide eight pickleball courts within a two-mile radius of the community within one year, and be financially responsible for their maintenance at a level equal to its spending on eight tennis courts.

4. The Respondent argued that the Arizona Department of Real Estate lacked jurisdiction over the matter. This was because hearings are limited to disputes over “community documents,” and neither the website nor Policy BC-3 qualified as such under the definition provided in ARIZ. REV. STAT. section 33-1802(2).

5. Arizona Revised Statute section 33-1802(2) defines “community documents” as “the declaration, bylaws, articles of incorporation, if any, and rules, if any.”

6. First, Mr. Martin argued that based on A.R.S. § 1-213, the word “policy” should be given its ordinary meaning, which is a rule. Second, he asserted that because the Respondent’s own policy CE-3 defines “governing documents” to include Rules and Regulations, then BC-3 must be a governing document.

7. In his request for a rehearing, Mr. Martin alleged for the first time that the Respondent had violated its bylaws, specifically article 4, section 6(3), by failing to implement policy BC-3. He also alleged a violation of Articles of Incorporation Article XII.

8. The Administrative Law Judge ordered that Mr. Martin’s petition be dismissed. The dismissal was based on the finding that the petition did not meet the requirements of A.R.S. § 32-2199.01(A) because it alleged violations of a website and a policy manual, which are not legally defined as “community documents.”

9. If a violation is found, an administrative law judge may order any party to abide by the statute or document at issue. The judge may also levy a civil penalty for each violation and, if the petitioner prevails, order the respondent to pay the petitioner’s filing fee.

10. A party wishing to appeal the order must seek judicial review by filing an appeal with the superior court. This appeal must be filed within thirty-five days from the date a copy of the order was served upon the parties, as prescribed by A.R.S. section 12-904(A).

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Essay Questions

The following questions are designed for a more in-depth analysis of the case. Formulate a comprehensive response for each question based on the facts and legal principles presented in the decision.

1. Analyze the concept of jurisdiction as it applies to this case. Why was the distinction between “community documents” and other materials like websites or policy manuals the central factor in the judge’s jurisdictional decision?

2. Trace the procedural history of this case, from Mr. Martin’s initial petition to the final order of dismissal. Identify the key filings, arguments, and decisions at each stage of the process.

3. Evaluate the legal arguments presented by Mr. Martin. Explain his reasoning for equating a “policy” with a “rule” and why the Administrative Law Judge ultimately found this argument unpersuasive, citing relevant statutes and case law mentioned in the decision.

4. Discuss the limitations on the relief an Administrative Law Judge can grant in disputes involving planned communities, as outlined in A.R.S. § 32-2199.02. How did Mr. Martin’s requested relief fall outside the scope of the judge’s authority?

5. Explain the legal principle that when a legislature defines a word or term, a tribunal must follow that definition. How did this principle, as cited in Walker v. Scottsdale, directly influence the outcome of Mr. Martin’s petition?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions. In this case, the ALJ was Thomas Shedden.

ARIZ. REV. STAT. (A.R.S.)

The abbreviation for Arizona Revised Statutes, which are the codified laws of the State of Arizona.

Articles of Incorporation

A set of formal documents filed with a government body to legally document the creation of a corporation. Defined in A.R.S. § 33-1802(2) as one of the “community documents.”

Bylaws

A set of rules adopted by an organization, such as an HOA, to govern its internal management and operations. Defined in A.R.S. § 33-1802(2) as one of the “community documents.”

CC&Rs (Covenants, Conditions, and Restrictions)

Rules governing the use of land within a particular planned community. Section 4.5 of the Respondent’s CC&Rs sets out its authority to adopt rules.

Community Documents

As defined by A.R.S. § 33-1802(2), these are “the declaration, bylaws, articles of incorporation, if any, and rules, if any.” The central legal issue of the case was whether the Respondent’s website and policy manual qualified as community documents.

Jurisdiction

The official power to make legal decisions and judgments. The Respondent argued, and the ALJ agreed, that the Office of Administrative Hearings did not have jurisdiction because the alleged violations did not involve “community documents.”

Motion to Dismiss

A formal request by a party for a court or tribunal to dismiss a case. The Respondent filed a Motion to Dismiss on November 30, 2018, arguing a lack of jurisdiction.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner was Tom J. Martin.

Rehearing

A second hearing of a case to reconsider the issues and arguments, granted in this instance after the initial dismissal. The rehearing was conducted on April 16, 2019.

Respondent

The party against whom a petition is filed. In this matter, the Respondent was SaddleBrooke Home Owners Association #1, Inc.

Regulations adopted by a planned community association. The decision notes that while the Respondent has the authority to adopt rules, it had not adopted policy BC-3 as a rule.






Blog Post – 19F-H1918022-REL-RHG


4 Harsh Lessons from a Homeowner’s Failed Lawsuit Against His HOA

Introduction: The Promise vs. The Paperwork

Imagine finding the perfect community. Its website advertises fantastic amenities, including the pickleball courts you’ve been dreaming of. The association’s own policy manual seems to confirm this commitment. But what happens when the courts are never built and the homeowner association (HOA) doesn’t deliver on these perceived promises?

This isn’t a hypothetical scenario. It’s the central conflict in the case of Tom J. Martin versus the SaddleBrooke HOA in Arizona. Mr. Martin believed his HOA was legally obligated to provide pickleball courts based on its policies and marketing materials. His subsequent lawsuit, however, failed spectacularly, revealing some surprising truths about HOA disputes. This case provides several critical, counter-intuitive lessons for any current or future homeowner about the difference between a promise and a legally enforceable contract.

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1. A “Policy” Isn’t Always a Legally Binding “Rule”

Mr. Martin’s argument was straightforward: he believed the HOA violated its own “policy manual,” specifically a section referred to as Policy BC-3, by not providing pickleball courts. He contended that, in the ordinary sense of the word, a “policy” is a rule that must be followed.

The judge, however, dismissed the case based on a harsh legal reality. According to Arizona law, the court’s jurisdiction in this type of hearing is limited to violations of official “community documents.” The judge was bound by the statute’s specific definition of what constitutes these documents.

Based on Arizona Revised Statute § 33-1802(2), “community documents” are strictly defined as:

• The declaration (often called CC&Rs)

• Bylaws

• Articles of incorporation

• Rules

Crucially, the HOA’s own CC&Rs specified the exact procedure for how to adopt an enforceable rule, and the association had never subjected Policy BC-3 to that formal process. It wasn’t just a legal technicality; the HOA was following its own governing documents about how to create—or not create—a binding rule. Because the pickleball policy had not been formally adopted, it was legally unenforceable in this hearing.

Key Takeaway Analysis: In a legal dispute, the common-sense meaning of a word can be overruled by a specific statutory definition. It’s not enough to read an HOA’s policy manual. As a homeowner, you must cross-reference that policy with the CC&Rs or Bylaws to confirm the HOA has followed its own stated procedure for adopting it as a formal, legally binding rule.

——————————————————————————–

2. Marketing Materials Are Not Governing Documents

To support his case, Mr. Martin presented printouts from the HOA’s website. He felt these materials advertised and marketed the availability of pickleball courts, stating in a legal filing that “the Association is in violation for not providing pickleball courts as advertised and marketed….”

The judge’s conclusion was unequivocal: advertising and marketing materials, just like the internal policy manual, do not qualify as “community documents.” The legal definition is exclusive, and an HOA’s website is not on the list. Therefore, promises or suggestions made on a website carry no legal weight in a dispute over violations of governing documents.

Key Takeaway Analysis: There is a significant gap between marketing promises and legally enforceable obligations. For potential buyers, this is a critical warning. The glossy brochure, the community website, and the sales pitch might paint a picture of community life, but that picture is not guaranteed by the legally binding documents you sign at closing.

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3. You Must Allege a Violation of theRightDocument

The case also reveals a crucial lesson in legal procedure. In his initial petition, Mr. Martin only alleged violations of the HOA’s website and its policy manual. While his petition form indicated alleged violations of the “CC&Rs and Bylaws,” he failed to identify any specific provisions within those official documents that the HOA had actually violated.

It was only after his case was first dismissed that he attempted to specify violations of the Bylaws and Articles of Incorporation in his request for a rehearing. By then, it was too late. The initial petition failed to allege a violation of a legitimate community document.

Key Takeaway Analysis: Precision is paramount. To successfully challenge an HOA in an administrative hearing, a homeowner cannot just have a general grievance. You must be able to pinpoint the exact article, section, and provision of an official “community document” (like the CC&Rs or Bylaws) that was violated and state it clearly in your initial complaint.

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4. The Court May Not Have the Power to Grant Your Request

Mr. Martin was clear about what he wanted the court to do. He requested one of two specific forms of relief:

• Provide financial support of $463,112.00 for the expansion of pickleball courts in Bobcat Canyon.

• Alternatively, construct eight new pickleball courts within a two-mile radius of the community within one year, with the HOA being financially responsible for their maintenance.

The judge noted a final, critical problem with the case: the requested relief was “not within the scope of the Administrative Law Judge’s authority.” The law governing these hearings simply did not give the judge the power to order an HOA to undertake a massive, six-figure construction project.

Key Takeaway Analysis: Even if you have a valid case and prove the HOA violated a rule, the court or tribunal you are in has limits. An administrative hearing might only be empowered to levy a civil penalty or issue an order for the HOA to abide by an existing rule. It likely cannot force the HOA to build new facilities or make large capital expenditures. This highlights the need to research the legal venue before you file to ensure it has the authority to grant the specific outcome you are seeking.

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Conclusion: Read Before You Litigate

The outcome of Mr. Martin’s lawsuit underscores the critical difference between a homeowner’s reasonable expectations and an HOA’s legally enforceable covenants. For homeowners, disputes are won or lost based on the precise wording of official governing documents—the CC&Rs, bylaws, and formal rules.

Before you challenge your HOA, have you read the fine print to see if their promise is written in the one place that truly matters?


Case Participants

Petitioner Side

  • Tom J. Martin (petitioner)
    Appeared on his own behalf

Respondent Side

  • Carolyn B. Goldschmidt (respondent attorney)
    Goldschmidt, Shupe, PLLC
  • Michael S. Shupe (attorney)
    Goldschmidt, Shupe, PLLC
    Recipient of transmittal

Neutral Parties

  • Thomas Shedden (ALJ)
  • Judy Lowe (ADRE Commissioner)
    Arizona Department of Real Estate
    Recipient of transmittal
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • ncano (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)

Other Participants

  • JS (Unknown staff)
    Transmittal initials

Tom J Martin v. SaddleBrooke Home Owners Association #1, Inc.

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

Case Summary

Case ID 19F-H1918022-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-05-10
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Tom J Martin Counsel
Respondent SaddleBrooke Home Owners Association #1, Inc. Counsel Carolyn B. Goldschmidt

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01(A); ARIZ. REV. STAT. § 33-1802(2)

Outcome Summary

The Administrative Law Judge affirmed the dismissal of the petition on rehearing, ruling that the HOA's website and policy manual are not 'community documents' as defined by statute, and therefore the Department has no jurisdiction to adjudicate disputes regarding them. Additionally, the requested financial relief was outside the ALJ's authority.

Why this result: Lack of subject matter jurisdiction because the alleged violations did not involve the declaration, bylaws, articles of incorporation, or rules of the planned community.

Key Issues & Findings

Alleged violation of HOA website and Policy Manual (Policy BC-3) regarding pickleball courts

Petitioner alleged that the HOA violated its website and policy manual by failing to provide pickleball courts as marketed. The Respondent moved to dismiss for lack of jurisdiction, arguing these documents are not community documents. The ALJ affirmed the dismissal, finding that policies and website statements do not fall under the statutory definition of community documents in A.R.S. § 33-1802(2), thus the Department lacked jurisdiction.

Orders: Petitioner Tom J. Martin’s petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 32-2199.02
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc.

Analytics Highlights

Topics: jurisdiction, community documents, policy manual, pickleball courts, dismissal, rehearing
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802(2)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 1-213
  • ARIZ. REV. STAT. § 12-904
  • Walker v. Scottsdale, 163 Ariz. 206, 786 P.2d 1057 (App. 1989)
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)

Video Overview

Audio Overview

Decision Documents

19F-H1918022-REL-RHG Decision – 704322.pdf

Uploaded 2026-01-23T17:27:17 (89.7 KB)





Briefing Doc – 19F-H1918022-REL-RHG


Briefing Document: Martin v. SaddleBrooke Home Owners Association #1, Inc. (Case No. 19F-H1918022-REL-RHG)

Executive Summary

This document synthesizes the Administrative Law Judge Decision in the case of Tom J. Martin versus SaddleBrooke Home Owners Association #1, Inc., which resulted in the dismissal of the petitioner’s case. The decision, issued on May 10, 2019, centered on a critical jurisdictional question: whether an HOA’s website content and internal policy manual constitute “community documents” under Arizona state law.

The Administrative Law Judge (ALJ) concluded they do not. The petitioner’s claim, which alleged the HOA failed to provide pickleball courts as promised on its website and in its “Policy Number BC-3,” was dismissed because it did not allege a violation of a legally recognized “community document.” According to Arizona Revised Statutes, such documents are strictly defined as the declaration, bylaws, articles of incorporation, and formally adopted rules. As the petitioner’s initial filing cited only the website and a policy not adopted as a rule, the Office of Administrative Hearings lacked the statutory jurisdiction to hear the case. Furthermore, the ALJ determined that the petitioner’s requested relief—a financial award of $463,112 or the construction of eight new courts—was beyond the scope of the tribunal’s authority.

Case Overview

Case Name

Tom J. Martin v. SaddleBrooke Home Owners Association #1, Inc.

Case Number

19F-H1918022-REL-RHG

Tribunal

Arizona Office of Administrative Hearings

Petitioner

Tom J. Martin

Respondent

SaddleBrooke Home Owners Association #1, Inc.

Presiding Judge

Administrative Law Judge Thomas Shedden

Date of Decision

May 10, 2019

Petitioner’s Core Allegations and Requested Relief

The petition filed by Tom J. Martin on September 28, 2018, was founded on the central allegation that the SaddleBrooke HOA violated its own website content and its internal policy manual, specifically “Policy Number BC-3.”

Primary Allegation: The HOA failed to fulfill its advertised and marketed promise to provide pickleball courts.

Cited Violations: In the initial petition, Martin explicitly alleged violations of the HOA’s website and policy manual. While he checked boxes on the petition form indicating violations of the CC&Rs and Bylaws, he failed to identify any specific provisions from those documents.

Requested Relief: The petitioner sought a significant remedy from the HOA, requesting one of the following:

1. Financial support in the amount of $463,112.00 for the expansion of pickleball courts in Bobcat Canyon.

2. The provision of eight new pickleball courts within a two-mile radius of the community within one year.

3. A commitment from the HOA to be financially responsible for the maintenance of pickleball courts in an amount equal to its spending on eight tennis courts.

Procedural History and Key Arguments

The case progressed through several key stages, culminating in a rehearing and a final dismissal.

1. Initial Petition (September 28, 2018): Mr. Martin filed his single-issue petition with the Arizona Department of Real Estate.

2. Respondent’s Motion to Dismiss (November 30, 2018): The HOA argued that the Department of Real Estate lacked jurisdiction over the matter. Its core argument was that hearings under ARIZ. REV. STAT. § 32-2199.01 are limited to violations of “community documents,” and that a website and an internal policy do not meet the legal definition of such documents. The HOA also contended the requested relief was outside the tribunal’s authority.

3. Petitioner’s Response (December 4, 2018): In his response, Mr. Martin argued that a “policy” should be interpreted as a “rule” under its ordinary meaning. He further asserted that another HOA policy (CE-3) defined “governing documents” to include “Rules and Regulations,” and therefore Policy BC-3 should be considered a governing document.

4. Initial Dismissal (December 12, 2018): The ALJ dismissed the petition, finding that it had not alleged a violation meeting the statutory requirements.

5. Request for Rehearing (December 31, 2018): Mr. Martin requested a rehearing, reasserting that a “policy” is a “rule.” In this request, he newly alleged that the HOA had violated specific provisions: Bylaws article 4, section 6(3) and Articles of Incorporation Article XII, by failing to implement policy BC-3.

6. Rehearing (April 16, 2019): A rehearing was conducted where both parties presented their cases. The respondent renewed its argument regarding lack of jurisdiction.

Central Legal Dispute: The Definition of “Community Documents”

The determinative issue of the case was the precise legal definition of “community documents” and whether the petitioner’s claims fell within that scope.

Statutory Definition: The court’s decision was anchored in ARIZ. REV. STAT. § 33-1802(2), which defines community documents as:

◦ The declaration (CC&Rs)

◦ Bylaws

◦ Articles of incorporation, if any

◦ Rules, if any

The Court’s Finding: The ALJ concluded that this legislative definition is exclusive and does not include “a planned community’s statements of policy, statements on its website, or advertising and marketing material.”

Petitioner’s Argument Rejected: Mr. Martin’s argument that Policy BC-3 should be considered a rule was found to be “not persuasive.” A critical finding of fact was that the “Respondent has not adopted policy BC-3 as a rule” under the authority granted in its CC&Rs (section 4.5). The tribunal must follow the legislature’s explicit definition.

Administrative Law Judge’s Conclusions and Final Order

The ALJ’s conclusions of law led directly to the dismissal of the petition on jurisdictional grounds.

Lack of Jurisdiction: Because Mr. Martin’s original petition only alleged that the respondent violated its website and policy manual—neither of which are “community documents” under Arizona law—the petition failed to meet the foundational requirements for a hearing under ARIZ. REV. STAT. § 32-2199.01(A).

Improper Relief Requested: The ALJ also concluded that the relief Mr. Martin sought was not within the tribunal’s authority. Under ARIZ. REV. STAT. § 32-2199.02, an ALJ may order a party to abide by statutes or community documents and may levy civil penalties. The statute does not grant the authority to order large financial payments for construction or to mandate specific capital improvement projects.

Final Order: Based on these conclusions, the petition was dismissed.

IT IS ORDERED that Petitioner Tom J. Martin’s petition is dismissed.

The decision, having been issued as the result of a rehearing, is binding on the parties. Any appeal must be filed for judicial review with the superior court within thirty-five days from the date of the order’s service.






Study Guide – 19F-H1918022-REL-RHG


Study Guide: Martin v. SaddleBrooke Home Owners Association #1, Inc.

This guide provides a detailed review of the Administrative Law Judge Decision in the case of Tom J. Martin vs. SaddleBrooke Home Owners Association #1, Inc. (No. 19F-H1918022-REL-RHG). It is designed to test and deepen understanding of the case’s facts, legal arguments, and final outcome.

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Short-Answer Quiz

Answer the following questions in 2-3 complete sentences, based on the information provided in the source document.

1. Who were the Petitioner and Respondent in case No. 19F-H1918022-REL-RHG?

2. What was the central allegation made by the Petitioner in his initial petition filed on or about September 28, 2018?

3. Describe the two alternative forms of relief the Petitioner requested in his petition.

4. On what primary legal grounds did the Respondent file its Motion to Dismiss?

5. According to Arizona Revised Statute section 33-1802(2), what are the four types of documents that constitute “community documents”?

6. Explain the two main arguments the Petitioner made in his Response to the Motion to Dismiss for why Policy BC-3 should be considered a governing document.

7. What new violation did the Petitioner allege in his request for a rehearing on December 31, 2019?

8. According to the Administrative Law Judge’s findings, what was the final outcome of the Petitioner’s petition and the primary reason for this decision?

9. According to A.R.S. § 32-2199.02, what powers does an administrative law judge have if a violation of community documents is found?

10. What is the process and time frame for a party wishing to appeal this Administrative Law Judge order?

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Answer Key

1. The Petitioner was Tom J. Martin, who appeared on his own behalf. The Respondent was SaddleBrooke Home Owners Association #1, Inc., which was represented by Carolyn B. Goldschmidt, Esq.

2. In his initial petition, Mr. Martin’s single-issue allegation was that the Respondent violated its website and its policy manual, specifically Policy Number BC-3. He included printouts from the website and a copy of the policy with his petition.

3. The Petitioner requested financial support in the sum of $463,112.00 for the expansion of pickleball courts in Bobcat Canyon. Alternatively, he requested that the Respondent provide eight pickleball courts within a two-mile radius of the community within one year, and be financially responsible for their maintenance at a level equal to its spending on eight tennis courts.

4. The Respondent argued that the Arizona Department of Real Estate lacked jurisdiction over the matter. This was because hearings are limited to disputes over “community documents,” and neither the website nor Policy BC-3 qualified as such under the definition provided in ARIZ. REV. STAT. section 33-1802(2).

5. Arizona Revised Statute section 33-1802(2) defines “community documents” as “the declaration, bylaws, articles of incorporation, if any, and rules, if any.”

6. First, Mr. Martin argued that based on A.R.S. § 1-213, the word “policy” should be given its ordinary meaning, which is a rule. Second, he asserted that because the Respondent’s own policy CE-3 defines “governing documents” to include Rules and Regulations, then BC-3 must be a governing document.

7. In his request for a rehearing, Mr. Martin alleged for the first time that the Respondent had violated its bylaws, specifically article 4, section 6(3), by failing to implement policy BC-3. He also alleged a violation of Articles of Incorporation Article XII.

8. The Administrative Law Judge ordered that Mr. Martin’s petition be dismissed. The dismissal was based on the finding that the petition did not meet the requirements of A.R.S. § 32-2199.01(A) because it alleged violations of a website and a policy manual, which are not legally defined as “community documents.”

9. If a violation is found, an administrative law judge may order any party to abide by the statute or document at issue. The judge may also levy a civil penalty for each violation and, if the petitioner prevails, order the respondent to pay the petitioner’s filing fee.

10. A party wishing to appeal the order must seek judicial review by filing an appeal with the superior court. This appeal must be filed within thirty-five days from the date a copy of the order was served upon the parties, as prescribed by A.R.S. section 12-904(A).

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Essay Questions

The following questions are designed for a more in-depth analysis of the case. Formulate a comprehensive response for each question based on the facts and legal principles presented in the decision.

1. Analyze the concept of jurisdiction as it applies to this case. Why was the distinction between “community documents” and other materials like websites or policy manuals the central factor in the judge’s jurisdictional decision?

2. Trace the procedural history of this case, from Mr. Martin’s initial petition to the final order of dismissal. Identify the key filings, arguments, and decisions at each stage of the process.

3. Evaluate the legal arguments presented by Mr. Martin. Explain his reasoning for equating a “policy” with a “rule” and why the Administrative Law Judge ultimately found this argument unpersuasive, citing relevant statutes and case law mentioned in the decision.

4. Discuss the limitations on the relief an Administrative Law Judge can grant in disputes involving planned communities, as outlined in A.R.S. § 32-2199.02. How did Mr. Martin’s requested relief fall outside the scope of the judge’s authority?

5. Explain the legal principle that when a legislature defines a word or term, a tribunal must follow that definition. How did this principle, as cited in Walker v. Scottsdale, directly influence the outcome of Mr. Martin’s petition?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions. In this case, the ALJ was Thomas Shedden.

ARIZ. REV. STAT. (A.R.S.)

The abbreviation for Arizona Revised Statutes, which are the codified laws of the State of Arizona.

Articles of Incorporation

A set of formal documents filed with a government body to legally document the creation of a corporation. Defined in A.R.S. § 33-1802(2) as one of the “community documents.”

Bylaws

A set of rules adopted by an organization, such as an HOA, to govern its internal management and operations. Defined in A.R.S. § 33-1802(2) as one of the “community documents.”

CC&Rs (Covenants, Conditions, and Restrictions)

Rules governing the use of land within a particular planned community. Section 4.5 of the Respondent’s CC&Rs sets out its authority to adopt rules.

Community Documents

As defined by A.R.S. § 33-1802(2), these are “the declaration, bylaws, articles of incorporation, if any, and rules, if any.” The central legal issue of the case was whether the Respondent’s website and policy manual qualified as community documents.

Jurisdiction

The official power to make legal decisions and judgments. The Respondent argued, and the ALJ agreed, that the Office of Administrative Hearings did not have jurisdiction because the alleged violations did not involve “community documents.”

Motion to Dismiss

A formal request by a party for a court or tribunal to dismiss a case. The Respondent filed a Motion to Dismiss on November 30, 2018, arguing a lack of jurisdiction.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner was Tom J. Martin.

Rehearing

A second hearing of a case to reconsider the issues and arguments, granted in this instance after the initial dismissal. The rehearing was conducted on April 16, 2019.

Respondent

The party against whom a petition is filed. In this matter, the Respondent was SaddleBrooke Home Owners Association #1, Inc.

Regulations adopted by a planned community association. The decision notes that while the Respondent has the authority to adopt rules, it had not adopted policy BC-3 as a rule.






Blog Post – 19F-H1918022-REL-RHG


4 Harsh Lessons from a Homeowner’s Failed Lawsuit Against His HOA

Introduction: The Promise vs. The Paperwork

Imagine finding the perfect community. Its website advertises fantastic amenities, including the pickleball courts you’ve been dreaming of. The association’s own policy manual seems to confirm this commitment. But what happens when the courts are never built and the homeowner association (HOA) doesn’t deliver on these perceived promises?

This isn’t a hypothetical scenario. It’s the central conflict in the case of Tom J. Martin versus the SaddleBrooke HOA in Arizona. Mr. Martin believed his HOA was legally obligated to provide pickleball courts based on its policies and marketing materials. His subsequent lawsuit, however, failed spectacularly, revealing some surprising truths about HOA disputes. This case provides several critical, counter-intuitive lessons for any current or future homeowner about the difference between a promise and a legally enforceable contract.

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1. A “Policy” Isn’t Always a Legally Binding “Rule”

Mr. Martin’s argument was straightforward: he believed the HOA violated its own “policy manual,” specifically a section referred to as Policy BC-3, by not providing pickleball courts. He contended that, in the ordinary sense of the word, a “policy” is a rule that must be followed.

The judge, however, dismissed the case based on a harsh legal reality. According to Arizona law, the court’s jurisdiction in this type of hearing is limited to violations of official “community documents.” The judge was bound by the statute’s specific definition of what constitutes these documents.

Based on Arizona Revised Statute § 33-1802(2), “community documents” are strictly defined as:

• The declaration (often called CC&Rs)

• Bylaws

• Articles of incorporation

• Rules

Crucially, the HOA’s own CC&Rs specified the exact procedure for how to adopt an enforceable rule, and the association had never subjected Policy BC-3 to that formal process. It wasn’t just a legal technicality; the HOA was following its own governing documents about how to create—or not create—a binding rule. Because the pickleball policy had not been formally adopted, it was legally unenforceable in this hearing.

Key Takeaway Analysis: In a legal dispute, the common-sense meaning of a word can be overruled by a specific statutory definition. It’s not enough to read an HOA’s policy manual. As a homeowner, you must cross-reference that policy with the CC&Rs or Bylaws to confirm the HOA has followed its own stated procedure for adopting it as a formal, legally binding rule.

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2. Marketing Materials Are Not Governing Documents

To support his case, Mr. Martin presented printouts from the HOA’s website. He felt these materials advertised and marketed the availability of pickleball courts, stating in a legal filing that “the Association is in violation for not providing pickleball courts as advertised and marketed….”

The judge’s conclusion was unequivocal: advertising and marketing materials, just like the internal policy manual, do not qualify as “community documents.” The legal definition is exclusive, and an HOA’s website is not on the list. Therefore, promises or suggestions made on a website carry no legal weight in a dispute over violations of governing documents.

Key Takeaway Analysis: There is a significant gap between marketing promises and legally enforceable obligations. For potential buyers, this is a critical warning. The glossy brochure, the community website, and the sales pitch might paint a picture of community life, but that picture is not guaranteed by the legally binding documents you sign at closing.

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3. You Must Allege a Violation of theRightDocument

The case also reveals a crucial lesson in legal procedure. In his initial petition, Mr. Martin only alleged violations of the HOA’s website and its policy manual. While his petition form indicated alleged violations of the “CC&Rs and Bylaws,” he failed to identify any specific provisions within those official documents that the HOA had actually violated.

It was only after his case was first dismissed that he attempted to specify violations of the Bylaws and Articles of Incorporation in his request for a rehearing. By then, it was too late. The initial petition failed to allege a violation of a legitimate community document.

Key Takeaway Analysis: Precision is paramount. To successfully challenge an HOA in an administrative hearing, a homeowner cannot just have a general grievance. You must be able to pinpoint the exact article, section, and provision of an official “community document” (like the CC&Rs or Bylaws) that was violated and state it clearly in your initial complaint.

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4. The Court May Not Have the Power to Grant Your Request

Mr. Martin was clear about what he wanted the court to do. He requested one of two specific forms of relief:

• Provide financial support of $463,112.00 for the expansion of pickleball courts in Bobcat Canyon.

• Alternatively, construct eight new pickleball courts within a two-mile radius of the community within one year, with the HOA being financially responsible for their maintenance.

The judge noted a final, critical problem with the case: the requested relief was “not within the scope of the Administrative Law Judge’s authority.” The law governing these hearings simply did not give the judge the power to order an HOA to undertake a massive, six-figure construction project.

Key Takeaway Analysis: Even if you have a valid case and prove the HOA violated a rule, the court or tribunal you are in has limits. An administrative hearing might only be empowered to levy a civil penalty or issue an order for the HOA to abide by an existing rule. It likely cannot force the HOA to build new facilities or make large capital expenditures. This highlights the need to research the legal venue before you file to ensure it has the authority to grant the specific outcome you are seeking.

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Conclusion: Read Before You Litigate

The outcome of Mr. Martin’s lawsuit underscores the critical difference between a homeowner’s reasonable expectations and an HOA’s legally enforceable covenants. For homeowners, disputes are won or lost based on the precise wording of official governing documents—the CC&Rs, bylaws, and formal rules.

Before you challenge your HOA, have you read the fine print to see if their promise is written in the one place that truly matters?


Case Participants

Petitioner Side

  • Tom J. Martin (petitioner)
    Appeared on his own behalf

Respondent Side

  • Carolyn B. Goldschmidt (respondent attorney)
    Goldschmidt, Shupe, PLLC
  • Michael S. Shupe (attorney)
    Goldschmidt, Shupe, PLLC
    Recipient of transmittal

Neutral Parties

  • Thomas Shedden (ALJ)
  • Judy Lowe (ADRE Commissioner)
    Arizona Department of Real Estate
    Recipient of transmittal
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)
  • ncano (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmittal (Identified by email handle portion)

Other Participants

  • JS (Unknown staff)
    Transmittal initials

Thomas P. Satterlee vs. Green Valley Country Club Vistas II Property

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

Case Summary

Case ID 18F-H1817022-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-09-25
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Thomas P. Satterlee Counsel
Respondent Green Valley Country Club Vistas II Property Owner's Association Counsel James A. Robles

Alleged Violations

A.R.S. § 33-1802(4)

Outcome Summary

The petition was dismissed with prejudice due to a lack of subject matter jurisdiction, as the Respondent Property Owner's Association was not found to be a 'planned community' under the applicable Arizona statute.

Why this result: The ALJ determined that the Respondent HOA did not meet the definition of a 'planned community' because its maintenance of landscaping did not constitute maintaining 'roadways' as required by A.R.S. § 33-1802(4).

Key Issues & Findings

Subject Matter Jurisdiction: Planned Community Status

The Respondent moved to dismiss for lack of subject matter jurisdiction, arguing it was not a planned community as defined by A.R.S. § 33-1802(4) because it did not maintain 'roadways'. Petitioner argued that maintaining landscaping around the entrance sign satisfied the 'covenant to maintain roadways' requirement by defining 'roadway' as the entire 'right-of-way'. The ALJ found that 'roadway' means the part of the road intended for vehicles, not the entire right-of-way, and thus jurisdiction was lacking.

Orders: Petitioner’s petition is dismissed with prejudice because the Office of Administrative Hearings and the Arizona Department of Real Estate lack subject matter jurisdiction over the dispute.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1802
  • Ariz. Bd. of Regents for & on Behalf of Univ. of Ariz. v. State ex rel. State of Ariz. Pub. Safety Ret. Fund Manager Adm’r, 160 Ariz. 150, 156 (App. 1989)
  • Swichtenberg v. Jack Brimer, 171 Ariz. 77, 828 P.2d 1218 (App. 1991)
  • Villa De Jardines Ass’n v. Flagstar Bank, FSB, 227 Ariz. 91, 95 (App. 2011)

Analytics Highlights

Topics: Jurisdiction, Planned Community, A.R.S. 33-1802, Roadway Definition, HOA Dispute
Additional Citations:

  • A.R.S. § 33-1802
  • Ariz. Bd. of Regents for & on Behalf of Univ. of Ariz. v. State ex rel. State of Ariz. Pub. Safety Ret. Fund Manager Adm’r, 160 Ariz. 150, 156 (App. 1989)
  • Swichtenberg v. Jack Brimer, 171 Ariz. 77, 828 P.2d 1218 (App. 1991)
  • Villa De Jardines Ass’n v. Flagstar Bank, FSB, 227 Ariz. 91, 95 (App. 2011)
  • Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 561 (App. 1993)
  • Sunrise Desert Vistas v. Salas, 1 CA-CV 14-052 (Ct. App. 2016)

Video Overview

Audio Overview

Decision Documents

18F-H1817022-REL-RHG Decision – 661827.pdf

Uploaded 2025-10-09T03:32:22 (130.3 KB)





Briefing Doc – 18F-H1817022-REL-RHG


Jurisdictional Analysis in Satterlee v. Green Valley Country Club Vistas II POA

Executive Summary

This document outlines the legal analysis and final decision in case number 18F-H1817022-REL, wherein the Office of Administrative Hearings (OAH) dismissed a petition filed by Thomas P. Satterlee against the Green Valley Country Club Vistas II Property Owner’s Association. The dismissal was based on a lack of subject matter jurisdiction.

The central issue was whether the Respondent association qualified as a “planned community” under Arizona statute A.R.S. § 33-1802(4). This determination hinged entirely on the interpretation of the phrase “covenant to maintain roadways.” The Petitioner argued that the association’s maintenance of landscaping at the community’s entrance constituted roadway maintenance, asserting a broad definition of “roadway” that encompassed the entire right-of-way, supported by the modern civil engineering concept of “Complete Streets.”

The Administrative Law Judge (ALJ) rejected this argument, concluding that the plain meaning of “roadway” refers specifically to the portion of a road used by vehicles. The ALJ noted that the state legislature used the specific term “roadway” in a 2014 statutory amendment, even though the broader “Complete Streets” concept was already well-established, indicating a deliberate choice of the narrower term. Ultimately, because the association’s activities did not include maintaining roadways, it was not deemed a “planned community,” and therefore, the OAH and the Arizona Department of Real Estate lacked jurisdiction to hear the case. The petition was dismissed with prejudice.

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Case Overview and Procedural History

The matter of Thomas P. Satterlee v. Green Valley Country Club Vistas II Property Owner’s Association (Case No. 18F-H1817022-REL) was adjudicated by the Arizona Office of Administrative Hearings. The core of the dispute was a dispositive motion concerning the OAH’s subject matter jurisdiction over the Respondent association.

January 26, 2018: The Respondent filed a Motion to Dismiss, arguing the OAH lacked jurisdiction because the association was not a “planned community” as defined by A.R.S. § 33-1802(4).

March 15, 2018: Following oral arguments, the ALJ issued an initial decision finding that the OAH lacked jurisdiction and dismissed the petition.

April 10, 2018: The Petitioner filed a Homeowner’s Association (HOA) Dispute Rehearing Request with the Arizona Department of Real Estate.

May 3, 2018: The Commissioner granted the Petitioner’s request for a rehearing.

September 5, 2018: A new round of oral arguments was held, focusing again on the dispositive jurisdictional issue.

September 25, 2018: The ALJ issued a final decision, once again dismissing the petition with prejudice for lack of subject matter jurisdiction.

The Central Jurisdictional Question

The jurisdiction of the Office of Administrative Hearings and the Arizona Department of Real Estate in this matter was entirely dependent on whether the Respondent association met the statutory definition of a “planned community.” A lack of subject matter jurisdiction is a non-waivable issue that voids any administrative decisions made without it.

The pivotal question was whether the association’s maintenance of landscaping around the walls and sign at the community entrance constituted a “covenant to maintain roadways,” which is a key criterion in the statute.

Statutory Framework: A.R.S. § 33-1802(4)

The relevant statute, A.R.S. § 33-1802(4), defines a “planned community” as:

“…a real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners…”

A 2014 amendment to this statute added the language regarding an “easement to maintain roadways or a covenant to maintain roadways.” Before this amendment, an association had to own real property to be considered a planned community.

Arguments of the Parties

The dispute centered on the interpretation of the single word “roadways” within the statute.

Petitioner’s Position (Thomas P. Satterlee)

The Petitioner argued for a broad and expansive interpretation of “roadway,” asserting that it should include the entire right-of-way.

Core Argument: The developer built walls and an entrance sign, and the Respondent’s subsequent maintenance of the surrounding landscaping constitutes a “covenant to maintain roadways.”

“Complete Streets” Concept: The Petitioner presented extensive documentation to argue that the modern civil engineering approach of “Complete Streets” supports his interpretation. This concept treats the entire transportation corridor—including sidewalks, bicycle lanes, transit stops, and landscaping—as an integrated system for all users.

Equivalency of Terms: The Petitioner claimed that “roadway” is the “new word for ‘street'” and that the “roadway” encompasses the entire width of the “right-of-way.”

Evidence Presented: The Petitioner submitted numerous documents to support his claim, including:

◦ A letter from the Pima County Director of Transportation confirming the association’s maintenance of landscaping.

◦ Excerpts from the Pima County Roadway Design Manual (RDM).

◦ Pima County Board of Supervisors policies on landscaping in the right-of-way.

◦ Website printouts from the U.S. Department of Transportation, Federal Highway Administration, and other entities defining “Complete Streets.”

◦ Pima County Code of Ordinances related to roadway projects.

Respondent’s Position (Green Valley Country Club Vistas II POA)

The Respondent advocated for a strict, plain-meaning interpretation of the statute.

Core Argument: The maintenance of landscaping does not constitute the maintenance of a “roadway.”

Legislative Intent: The Respondent argued that the Arizona legislature deliberately chose the specific term “roadway” when it amended the statute in 2014. By that time, the “Complete Streets” concept was well-known. Had the legislature intended a broader scope, it could have used terms like “right-of-way” or “Complete Streets,” but it did not.

Conclusion: Because the association does not have a covenant to maintain roadways, it does not meet the statutory definition of a “planned community,” and therefore the state agencies lack jurisdiction.

Administrative Law Judge’s Analysis and Decision

The ALJ’s decision was grounded in principles of statutory construction, focusing on the plain meaning of the legislative language.

The ALJ began with the legal principle that when construing statutes, a court must first look to the language of the statute and give the words their plain meaning, presuming the legislature expressed its meaning as clearly as possible.

To determine the plain meaning, the ALJ consulted numerous dictionary definitions of “roadway” and “street.”

Source

Definition of “Roadway”

English Oxford Living Dict.

“The part of a road intended for vehicles, in contrast to the pavement or verge.”

Merriam-Webster

“the part of a street reserved for vehicles.”

Dictionary.com

“The part of a road over which vehicles travel; road.”

Cambridge Dictionary

“the part of the road on which vehicles drive.”

American Heritage Dictionary

“A road, especially the part over which vehicles travel.”

Oxford Learner’s Dictionaries

“a road or the part of a road used by vehicles.”

The ALJ concluded that the consistent, plain meaning of “roadway” is the portion of a road upon which vehicles travel, distinct from adjacent areas like sidewalks or landscaping.

The ALJ found the Petitioner’s evidence regarding the “Complete Streets” concept to be irrelevant to the statutory interpretation. The decision noted that because the legislature amended the statute after this concept was widely adopted but chose to use the narrower term “roadway,” it signaled a clear intent not to encompass the entire right-of-way. The ALJ stated:

“Had the legislature intended to include associations such as Respondent in the definition of ‘planned community’ in A.R.S. § 33-1802(4), it could have used the term ‘right-of-way’ or ‘Complete Streets’.”

The ALJ highlighted that several documents submitted by the Petitioner actually undermined his argument by explicitly distinguishing between “roadway” and “right-of-way.”

Pima County Code 10.56.020: This ordinance defines minor projects to include “[c]hanges or improvements to the right-of-way area outside the shoulder of an existing roadway.”

Pima County RDM: The design manual specified different drawing scales for “Roadway Plans” (1” = 40’) and “Landscape Plans” (1” = 20’).

Pima County RDM Statement: Another document stated that the “[i]nstallation of landscaping shall begin not later than six months after the formal completion date of the roadway project.”

These examples demonstrated that, even within the Petitioner’s own evidence, “roadway” and “landscaping” within the “right-of-way” are treated as distinct elements.

Final Order and Implications

Based on the analysis, the ALJ reached a definitive conclusion on the jurisdictional question.

Finding: The association’s maintenance of the area around the entrance walls and sign does not render it a “planned community” because this activity is not maintenance of “roadways” as understood by the statute’s plain meaning.

Order: The petition was dismissed with prejudice on September 25, 2018.

Legal Consequence: The Office of Administrative Hearings and the Arizona Department of Real Estate lack subject matter jurisdiction over the petition.

Further Recourse: The decision explicitly states that the Petitioner remains free to file an action in a court of competent jurisdiction as specified by the Respondent’s community documents.






Study Guide – 18F-H1817022-REL-RHG


Study Guide: Satterlee v. Green Valley Country Club Vistas II Property Owner’s Association

This guide reviews the administrative law case Thomas P. Satterlee v. Green Valley Country Club Vistas II Property Owner’s Association (No. 18F-H1817022-REL-RHG). The central issue is whether the Respondent association qualifies as a “planned community” under Arizona law, which would grant jurisdiction to the Arizona Department of Real Estate and the Office of Administrative Hearings. The case hinges on the statutory definition of “roadway” and whether the association’s maintenance of landscaping falls under a “covenant to maintain roadways.”

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Short-Answer Quiz

Answer the following questions in 2-3 complete sentences based on the provided source document.

1. What was the Respondent’s primary argument for filing a Motion to Dismiss?

2. How did the Petitioner, Thomas P. Satterlee, initially argue that the Respondent qualified as a “planned community”?

3. What was the key piece of evidence presented by the Petitioner from the Pima County Director of Transportation during the rehearing?

4. What is the “Complete Streets” concept, and how did the Petitioner attempt to use it in his argument?

5. According to the Respondent, how did the Arizona legislature’s choice of words in the 2014 statutory amendment undermine the Petitioner’s argument?

6. How did the Administrative Law Judge use dictionary definitions to analyze the term “roadway”?

7. What piece of Pima County code did the judge cite to show that “roadway” and “right-of-way” are distinct terms?

8. Why did the Administrative Law Judge ultimately find the “Complete Streets” argument to be irrelevant to the case?

9. What is the legal principle regarding subject matter jurisdiction as stated in the Conclusions of Law?

10. What was the final order in this case, and what option did it leave available to the Petitioner?

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Answer Key

1. The Respondent argued that the Office of Administrative Hearings lacked subject matter jurisdiction over the petition. This was because the Respondent was not a “planned community” as defined by A.R.S. § 33-1802(4), since it did not own real estate or have a covenant to maintain roadways.

2. The Petitioner initially argued that the Respondent had a “covenant to maintain roadways” because the developer built walls and a sign at the community entrance, and the Respondent had maintained the landscaping around the sign. He contended that the term “roadway” in the statute included “roadway systems,” which would encompass the landscaped entrance land.

3. During the rehearing, the Petitioner presented a letter from Ana M. Olivares, PE, Director of Pima County Transportation. The letter stated that the Respondent had been maintaining the landscaping at the corners of La Canada Drive and La Canoa since its installation and would continue to do so until the county found funds to take over maintenance.

4. The “Complete Streets” concept is an approach to designing roadways and rights-of-way to be safe and accessible for all users, including pedestrians, bicyclists, and motorists. The Petitioner argued that this modern engineering approach effectively equates the term “roadway” with the entire “right-of-way,” which would include the landscaped areas maintained by the Respondent.

5. The Respondent argued that the “Complete Streets” concept was well-known by 2014 when the statute was amended. However, the Arizona legislature specifically chose to use the term “roadway,” not “right-of-way” or “Complete Streets,” implying a narrower, more specific meaning was intended.

6. The Administrative Law Judge consulted multiple dictionaries (English Oxford, Merriam-Webster, Dictionary.com, etc.) to establish the plain meaning of “roadway.” These definitions consistently described a “roadway” as the part of a road intended for vehicle travel, distinct from adjacent areas like sidewalks or landscaping.

7. The judge cited Pima County Code of Ordinances 10.56.020, which defined minor projects to include “[c]hanges or improvements to the right-of-way area outside the shoulder of an existing roadway.” This language explicitly treats the “right-of-way” and “roadway” as separate and distinct areas, contradicting the Petitioner’s claim.

8. The judge found the “Complete Streets” argument irrelevant because the statute in question was amended after the widespread adoption of the concept, yet the legislature chose to use the term “roadway.” The judge reasoned that if the legislature had intended to include the broader scope of a “right-of-way,” it would have used that specific term or referenced “Complete Streets.”

9. The Conclusions of Law state that a lack of subject matter jurisdiction cannot be waived by the parties and must be addressed. Administrative decisions that go beyond an agency’s statutory power are considered void, as jurisdiction is defined by statutes, not by the parties involved.

10. The final order was that the Petitioner’s petition be dismissed with prejudice because the Office of Administrative Hearings lacked subject matter jurisdiction. The Petitioner remained free to file an action in a court of competent jurisdiction as specified by the Respondent’s community documents.

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Essay Questions

Answer the following questions in a detailed essay format. No answers are provided.

1. Analyze the Petitioner’s legal strategy, focusing on the evolution of his arguments from the initial hearing to the rehearing. Discuss the strengths and weaknesses of using the “Complete Streets” concept as the central pillar of his case for establishing jurisdiction.

2. Examine the Administrative Law Judge’s method of statutory interpretation in this case. How did the judge apply the principles of “plain meaning” and legislative intent when analyzing the definition of “planned community” in A.R.S. § 33-1802(4)?

3. Discuss the legal and practical distinction between “roadway” and “right-of-way” as presented in the case documents. Explain how this distinction was pivotal to the judge’s final decision on subject matter jurisdiction.

4. Evaluate the significance of the 2014 amendment to A.R.S. § 33-1802(4). How did this change in statutory language, which added “easement to maintain roadways or a covenant to maintain roadways,” create the central point of contention in this dispute?

5. Based on the judge’s Conclusions of Law, explain the legal concept of subject matter jurisdiction and why it cannot be waived or conferred by the parties involved. How does this principle protect the integrity of the administrative and judicial process?

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Glossary of Key Terms

Definition from Source Context

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions and orders, such as the dismissal of a petition.

A.R.S. § 33-1802(4)

The Arizona Revised Statute that defines a “planned community.” The statute specifies that a planned community includes real estate development where a nonprofit association owns/operates real estate or holds an easement or covenant to maintain roadways for the purpose of managing, maintaining, or improving the property.

Complete Streets

An approach to planning, designing, and operating roadways and rights-of-way with all users in mind (pedestrians, bicyclists, motorists, etc.) to make the transportation network safer and more efficient. The concept includes elements like sidewalks, bike lanes, and transit stops.

Covenant

A formal agreement or promise. In this case, a “covenant to maintain roadways” is a condition that, if met by a homeowner’s association, could classify it as a “planned community” under Arizona law.

Jurisdiction

The official power to make legal decisions and judgments. In this case, the central issue was whether the Office of Administrative Hearings had jurisdiction over the dispute.

Petitioner

The party who brings a petition or action before a court or administrative body. In this case, the Petitioner is Thomas P. Satterlee.

Planned Community

As defined by A.R.S. § 33-1802(4), a real estate development with real estate owned/operated by, or having an easement/covenant to maintain roadways held by, an association of owners who are mandatory members and pay assessments.

Respondent

The party against whom a petition is filed or an appeal is brought. In this case, the Respondent is Green Valley Country Club Vistas II Property Owner’s Association.

Right-of-Way

The strip of land over which a public road is built. As shown in Pima County policy diagrams, this can include travel lanes, medians, shoulders, bike lanes, sidewalks, and landscaping areas. The court found this to be a broader term than “roadway.”

Roadway

Based on multiple dictionary definitions cited by the judge, the part of a road intended for vehicles, in contrast to the pavement, verge, or sidewalk. The judge concluded its “plain meaning” is the portion of a road upon which vehicles travel.

Subject Matter Jurisdiction

The authority of a court or administrative body to hear cases of a particular type or cases relating to a specific subject matter. The decision states this type of jurisdiction cannot be waived and is determined by statute, not the parties.






Blog Post – 18F-H1817022-REL-RHG


This Homeowner’s Case Collapsed Over One Word — Here’s Why It Matters

Dealing with a Homeowner’s Association (HOA) can sometimes feel like navigating a maze of rules and regulations. But what happens when a dispute isn’t about a rule, but about the definition of a single, common word? In the Arizona case of Satterlee vs. Green Valley Country Club Vistas II Property Owner’s Association, a major legal conflict hinged on one seemingly simple question: What, exactly, is a “roadway”?

The answer would determine whether a state agency had the power to hear the case at all. The judge’s decision provides a masterclass in how the law interprets language, revealing practical lessons about why a single word can make or break an entire legal argument.

1. A Legal Battle Can Hinge on a Dictionary Definition

The core issue of the case was jurisdiction—whether the Arizona Department of Real Estate had the authority to hear the dispute. For the department to have jurisdiction, the HOA had to qualify as a “planned community” under Arizona statute A.R.S. § 33-1802(4). A key part of that definition required the HOA to have a “covenant to maintain roadways.”

This is where the entire case pivoted.

The Homeowner’s Argument: The petitioner, Mr. Satterlee, argued that the HOA’s responsibility to maintain the walls, sign, and surrounding landscaping at the community entrance fulfilled this requirement. He contended that “roadway” should be interpreted broadly as a “roadway system,” which would include the entire right-of-way, landscaping and all.

The HOA’s Argument: The respondent HOA argued for a much narrower definition. They stated that a “roadway” is only the part of the road used for vehicle traffic. Since maintaining walls and landscaping is not maintaining a roadway, they argued they were not a “planned community” under the law, and therefore the state had no jurisdiction.

The entire legal question of whether the case could even proceed came down to the plain meaning of this one word.

2. Judges Don’t Guess — They Have a Method for Meaning

When a legal dispute depends on the meaning of a word in a law, judges don’t simply pick the definition they prefer. Legal interpretation follows a clear principle: start with the “plain meaning” of the words the legislature chose to use. This wasn’t just a casual search; it was a methodical application of the “plain meaning rule,” a cornerstone of statutory interpretation where judges prioritize the common, ordinary meaning of words over specialized or re-imagined definitions.

To determine the plain meaning of “roadway,” the Administrative Law Judge in this case conducted a thorough review of its common definition by consulting numerous dictionaries:

• English Oxford Living Dictionaries

• Merriam-Webster

• Dictionary.com

• Cambridge Dictionary

• American Heritage Dictionary

• Oxford Learner’s Dictionaries

The collective conclusion was overwhelming. The dictionaries consistently defined a “roadway” as the part of a road intended for vehicles, explicitly contrasting it with sidewalks, shoulders, or adjacent landscaping. This methodical approach demonstrated that the common, established meaning of the word supported the HOA’s narrow interpretation, not the homeowner’s broad one.

3. Your Own Evidence Can Be Used Against You

In a classic case of legal irony, the very evidence the homeowner presented to support his case became the primary tool the judge used to dismantle it. The homeowner submitted several official documents from Pima County, but these exhibits ended up undermining his own argument.

The judge pointed to several instances where the homeowner’s own evidence made a clear distinction between a “roadway” and the surrounding area:

• A Pima County ordinance referred to the “right-of-way area outside the shoulder of an existing roadway,” treating the two as separate things. The judge noted that the petitioner tried to argue that the “shoulder of an existing roadway” referred not to the paved edge for vehicles, but to the landscaped areas beyond it—an interpretation that defies common understanding and the county’s own official language.

• County planning documents used different drawing scales for “Roadway Plans” (1” = 40’) and “Landscape Plans” (1” = 20’), showing they are considered distinct components.

• Another county rule stated that the “installation of landscaping” must begin after the formal completion of the “roadway project.”

The judge concluded that these documents demonstrated that in official use, “roadway” and “right-of-way” are treated as different concepts. The very evidence intended to support the homeowner’s case ended up directly contradicting it.

4. Modern Concepts Don’t Automatically Change Old Laws

The homeowner’s central supporting idea was the “Complete Streets” approach—a modern civil engineering concept that views streets as integrated systems for all users, including cars, bicyclists, and pedestrians. He argued this modern understanding should apply to the word “roadway.”

The judge rejected this argument based on a crucial point of legal reasoning: legislative intent.

The judge noted that the “Complete Streets” concept was already well-known in 2014 when the Arizona legislature amended the statute in question. The legislature could have used broader terms like “right-of-way” or “Complete Streets” but deliberately chose not to. Instead, they specifically chose the narrower, more traditional term “roadway.” The judge inferred that this was a deliberate choice, and the court’s job was to interpret the word the legislature actually used, not one it could have used.

The judge even noted that the sheer volume of evidence the homeowner presented to redefine “roadway” was itself proof that his interpretation was not the “plain meaning”—if it were, such extensive explanation wouldn’t be necessary.

To illustrate the point with a simple, real-world example of plain meaning, the judge wrote:

One would be hard pressed to interpret that phrase [“don’t play in the street”] as a warning not to play on the sidewalk or landscaping area bordering a paved thoroughfare.

Conclusion: In Law, Precision Is Everything

The overarching lesson from this case is that in legal interpretation, every word matters. Whether it’s the dictionary definition of “roadway,” the precise language in county ordinances, or the specific terms chosen by lawmakers, the plain, established meaning of words carries immense weight.

Ultimately, the homeowner’s petition was dismissed. Because the HOA’s duty to maintain landscaping did not qualify as a “covenant to maintain roadways,” it was not a “planned community” under the statute. As a result, the state agency lacked the subject matter jurisdiction to hear the case.

This case shows how the specific words chosen by lawmakers years ago can have major consequences today. What common words might we be using every day that have a completely different and critical meaning in a legal context?


Case Participants

Petitioner Side

  • Thomas P. Satterlee (petitioner)

Respondent Side

  • James A. Robles (attorney)
    Perry, Childers, Hanlon & Hudson, PLC

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • Felicia Del sol (staff)
    Clerk/Distribution staff

Other Participants

  • Ana M. Olivares (Director)
    Pima County Transportation
    Provided documentation/letter regarding landscaping maintenance

Thomas P. Satterlee vs. Green Valley Country Club Vistas II Property

Case Summary

Case ID 18F-H1817022-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-09-25
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Thomas P. Satterlee Counsel
Respondent Green Valley Country Club Vistas II Property Owner's Association Counsel James A. Robles

Alleged Violations

A.R.S. § 33-1802(4)

Outcome Summary

The petition was dismissed with prejudice upon rehearing because the Administrative Law Judge confirmed that the Respondent HOA did not meet the statutory definition of a 'planned community,' thereby depriving the OAH and ADRE of subject matter jurisdiction.

Why this result: The ALJ narrowly interpreted the statutory term 'roadway' to mean the part of the road intended for vehicles, excluding the landscaping maintenance performed by the HOA.

Key Issues & Findings

Subject Matter Jurisdiction: Planned Community Status

This issue was heard on rehearing. Petitioner argued that the maintenance of entrance landscaping constituted maintaining 'roadways' by interpreting the statutory term broadly, citing the 'Complete Streets' approach and Pima County right-of-way documents. The ALJ affirmed the original decision, holding that the plain meaning of 'roadway' is the part of the road intended for vehicles, not the entire right-of-way, and thus jurisdiction was lacking.

Orders: Petitioner’s petition is dismissed with prejudice because the Office of Administrative Hearings and the Arizona Department of Real Estate lack subject matter jurisdiction over the dispute.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1802
  • Ariz. Bd. of Regents for & on Behalf of Univ. of Ariz. v. State ex rel. State of Ariz. Pub. Safety Ret. Fund Manager Adm’r, 160 Ariz. 150, 156 (App. 1989)
  • Swichtenberg v. Jack Brimer, 171 Ariz. 77, 828 P.2d 1218 (App. 1991)
  • Villa De Jardines Ass’n v. Flagstar Bank, FSB, 227 Ariz. 91, 95 (App. 2011)
  • Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 561 (App. 1993)
  • Sunrise Desert Vistas v. Salas, 1 CA-CV 14-052 (Ct. App. 2016)

Analytics Highlights

Topics: Jurisdiction, Planned Community, A.R.S. 33-1802, Roadway Definition, Rehearing, HOA Dispute, Statutory Interpretation
Additional Citations:

  • A.R.S. § 33-1802
  • Ariz. Bd. of Regents for & on Behalf of Univ. of Ariz. v. State ex rel. State of Ariz. Pub. Safety Ret. Fund Manager Adm’r, 160 Ariz. 150, 156 (App. 1989)
  • Swichtenberg v. Jack Brimer, 171 Ariz. 77, 828 P.2d 1218 (App. 1991)
  • Villa De Jardines Ass’n v. Flagstar Bank, FSB, 227 Ariz. 91, 95 (App. 2011)
  • Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 561 (App. 1993)
  • Sunrise Desert Vistas v. Salas, 1 CA-CV 14-052 (Ct. App. 2016)

Decision Documents

18F-H1817022-REL Decision – 661827.pdf

Uploaded 2025-12-17T18:16:14 (130.3 KB)

Case Participants

Petitioner Side

  • Thomas P. Satterlee (petitioner)

Respondent Side

  • James A. Robles (HOA attorney)
    Perry, Childers, Hanlon & Hudson, PLC

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • Felicia Del sol (staff/clerk)
    Staff responsible for decision distribution

Other Participants

  • Ana M. Olivares (Director)
    Pima County Transportation
    Authored May 18, 2018 letter presented as documentation by Petitioner

Thomas P. Satterlee vs. Green Valley Country Club Vistas II Property

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

Case Summary

Case ID 18F-H1817022-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-09-25
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Thomas P. Satterlee Counsel
Respondent Green Valley Country Club Vistas II Property Owner's Association Counsel James A. Robles

Alleged Violations

A.R.S. § 33-1802(4)

Outcome Summary

The petition was dismissed with prejudice upon rehearing because the Administrative Law Judge confirmed that the Respondent HOA did not meet the statutory definition of a 'planned community,' thereby depriving the OAH and ADRE of subject matter jurisdiction.

Why this result: The ALJ narrowly interpreted the statutory term 'roadway' to mean the part of the road intended for vehicles, excluding the landscaping maintenance performed by the HOA.

Key Issues & Findings

Subject Matter Jurisdiction: Planned Community Status

This issue was heard on rehearing. Petitioner argued that the maintenance of entrance landscaping constituted maintaining 'roadways' by interpreting the statutory term broadly, citing the 'Complete Streets' approach and Pima County right-of-way documents. The ALJ affirmed the original decision, holding that the plain meaning of 'roadway' is the part of the road intended for vehicles, not the entire right-of-way, and thus jurisdiction was lacking.

Orders: Petitioner’s petition is dismissed with prejudice because the Office of Administrative Hearings and the Arizona Department of Real Estate lack subject matter jurisdiction over the dispute.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1802
  • Ariz. Bd. of Regents for & on Behalf of Univ. of Ariz. v. State ex rel. State of Ariz. Pub. Safety Ret. Fund Manager Adm’r, 160 Ariz. 150, 156 (App. 1989)
  • Swichtenberg v. Jack Brimer, 171 Ariz. 77, 828 P.2d 1218 (App. 1991)
  • Villa De Jardines Ass’n v. Flagstar Bank, FSB, 227 Ariz. 91, 95 (App. 2011)
  • Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 561 (App. 1993)
  • Sunrise Desert Vistas v. Salas, 1 CA-CV 14-052 (Ct. App. 2016)

Analytics Highlights

Topics: Jurisdiction, Planned Community, A.R.S. 33-1802, Roadway Definition, Rehearing, HOA Dispute, Statutory Interpretation
Additional Citations:

  • A.R.S. § 33-1802
  • Ariz. Bd. of Regents for & on Behalf of Univ. of Ariz. v. State ex rel. State of Ariz. Pub. Safety Ret. Fund Manager Adm’r, 160 Ariz. 150, 156 (App. 1989)
  • Swichtenberg v. Jack Brimer, 171 Ariz. 77, 828 P.2d 1218 (App. 1991)
  • Villa De Jardines Ass’n v. Flagstar Bank, FSB, 227 Ariz. 91, 95 (App. 2011)
  • Callender v. Transpacific Hotel Corp., 179 Ariz. 557, 561 (App. 1993)
  • Sunrise Desert Vistas v. Salas, 1 CA-CV 14-052 (Ct. App. 2016)

Video Overview

Audio Overview

Decision Documents

18F-H1817022-REL-RHG Decision – 661827.pdf

Uploaded 2026-01-23T17:23:02 (130.3 KB)





Briefing Doc – 18F-H1817022-REL-RHG


Jurisdictional Analysis in Satterlee v. Green Valley Country Club Vistas II POA

Executive Summary

This document outlines the legal analysis and final decision in case number 18F-H1817022-REL, wherein the Office of Administrative Hearings (OAH) dismissed a petition filed by Thomas P. Satterlee against the Green Valley Country Club Vistas II Property Owner’s Association. The dismissal was based on a lack of subject matter jurisdiction.

The central issue was whether the Respondent association qualified as a “planned community” under Arizona statute A.R.S. § 33-1802(4). This determination hinged entirely on the interpretation of the phrase “covenant to maintain roadways.” The Petitioner argued that the association’s maintenance of landscaping at the community’s entrance constituted roadway maintenance, asserting a broad definition of “roadway” that encompassed the entire right-of-way, supported by the modern civil engineering concept of “Complete Streets.”

The Administrative Law Judge (ALJ) rejected this argument, concluding that the plain meaning of “roadway” refers specifically to the portion of a road used by vehicles. The ALJ noted that the state legislature used the specific term “roadway” in a 2014 statutory amendment, even though the broader “Complete Streets” concept was already well-established, indicating a deliberate choice of the narrower term. Ultimately, because the association’s activities did not include maintaining roadways, it was not deemed a “planned community,” and therefore, the OAH and the Arizona Department of Real Estate lacked jurisdiction to hear the case. The petition was dismissed with prejudice.

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Case Overview and Procedural History

The matter of Thomas P. Satterlee v. Green Valley Country Club Vistas II Property Owner’s Association (Case No. 18F-H1817022-REL) was adjudicated by the Arizona Office of Administrative Hearings. The core of the dispute was a dispositive motion concerning the OAH’s subject matter jurisdiction over the Respondent association.

January 26, 2018: The Respondent filed a Motion to Dismiss, arguing the OAH lacked jurisdiction because the association was not a “planned community” as defined by A.R.S. § 33-1802(4).

March 15, 2018: Following oral arguments, the ALJ issued an initial decision finding that the OAH lacked jurisdiction and dismissed the petition.

April 10, 2018: The Petitioner filed a Homeowner’s Association (HOA) Dispute Rehearing Request with the Arizona Department of Real Estate.

May 3, 2018: The Commissioner granted the Petitioner’s request for a rehearing.

September 5, 2018: A new round of oral arguments was held, focusing again on the dispositive jurisdictional issue.

September 25, 2018: The ALJ issued a final decision, once again dismissing the petition with prejudice for lack of subject matter jurisdiction.

The Central Jurisdictional Question

The jurisdiction of the Office of Administrative Hearings and the Arizona Department of Real Estate in this matter was entirely dependent on whether the Respondent association met the statutory definition of a “planned community.” A lack of subject matter jurisdiction is a non-waivable issue that voids any administrative decisions made without it.

The pivotal question was whether the association’s maintenance of landscaping around the walls and sign at the community entrance constituted a “covenant to maintain roadways,” which is a key criterion in the statute.

Statutory Framework: A.R.S. § 33-1802(4)

The relevant statute, A.R.S. § 33-1802(4), defines a “planned community” as:

“…a real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners…”

A 2014 amendment to this statute added the language regarding an “easement to maintain roadways or a covenant to maintain roadways.” Before this amendment, an association had to own real property to be considered a planned community.

Arguments of the Parties

The dispute centered on the interpretation of the single word “roadways” within the statute.

Petitioner’s Position (Thomas P. Satterlee)

The Petitioner argued for a broad and expansive interpretation of “roadway,” asserting that it should include the entire right-of-way.

Core Argument: The developer built walls and an entrance sign, and the Respondent’s subsequent maintenance of the surrounding landscaping constitutes a “covenant to maintain roadways.”

“Complete Streets” Concept: The Petitioner presented extensive documentation to argue that the modern civil engineering approach of “Complete Streets” supports his interpretation. This concept treats the entire transportation corridor—including sidewalks, bicycle lanes, transit stops, and landscaping—as an integrated system for all users.

Equivalency of Terms: The Petitioner claimed that “roadway” is the “new word for ‘street'” and that the “roadway” encompasses the entire width of the “right-of-way.”

Evidence Presented: The Petitioner submitted numerous documents to support his claim, including:

◦ A letter from the Pima County Director of Transportation confirming the association’s maintenance of landscaping.

◦ Excerpts from the Pima County Roadway Design Manual (RDM).

◦ Pima County Board of Supervisors policies on landscaping in the right-of-way.

◦ Website printouts from the U.S. Department of Transportation, Federal Highway Administration, and other entities defining “Complete Streets.”

◦ Pima County Code of Ordinances related to roadway projects.

Respondent’s Position (Green Valley Country Club Vistas II POA)

The Respondent advocated for a strict, plain-meaning interpretation of the statute.

Core Argument: The maintenance of landscaping does not constitute the maintenance of a “roadway.”

Legislative Intent: The Respondent argued that the Arizona legislature deliberately chose the specific term “roadway” when it amended the statute in 2014. By that time, the “Complete Streets” concept was well-known. Had the legislature intended a broader scope, it could have used terms like “right-of-way” or “Complete Streets,” but it did not.

Conclusion: Because the association does not have a covenant to maintain roadways, it does not meet the statutory definition of a “planned community,” and therefore the state agencies lack jurisdiction.

Administrative Law Judge’s Analysis and Decision

The ALJ’s decision was grounded in principles of statutory construction, focusing on the plain meaning of the legislative language.

The ALJ began with the legal principle that when construing statutes, a court must first look to the language of the statute and give the words their plain meaning, presuming the legislature expressed its meaning as clearly as possible.

To determine the plain meaning, the ALJ consulted numerous dictionary definitions of “roadway” and “street.”

Source

Definition of “Roadway”

English Oxford Living Dict.

“The part of a road intended for vehicles, in contrast to the pavement or verge.”

Merriam-Webster

“the part of a street reserved for vehicles.”

Dictionary.com

“The part of a road over which vehicles travel; road.”

Cambridge Dictionary

“the part of the road on which vehicles drive.”

American Heritage Dictionary

“A road, especially the part over which vehicles travel.”

Oxford Learner’s Dictionaries

“a road or the part of a road used by vehicles.”

The ALJ concluded that the consistent, plain meaning of “roadway” is the portion of a road upon which vehicles travel, distinct from adjacent areas like sidewalks or landscaping.

The ALJ found the Petitioner’s evidence regarding the “Complete Streets” concept to be irrelevant to the statutory interpretation. The decision noted that because the legislature amended the statute after this concept was widely adopted but chose to use the narrower term “roadway,” it signaled a clear intent not to encompass the entire right-of-way. The ALJ stated:

“Had the legislature intended to include associations such as Respondent in the definition of ‘planned community’ in A.R.S. § 33-1802(4), it could have used the term ‘right-of-way’ or ‘Complete Streets’.”

The ALJ highlighted that several documents submitted by the Petitioner actually undermined his argument by explicitly distinguishing between “roadway” and “right-of-way.”

Pima County Code 10.56.020: This ordinance defines minor projects to include “[c]hanges or improvements to the right-of-way area outside the shoulder of an existing roadway.”

Pima County RDM: The design manual specified different drawing scales for “Roadway Plans” (1” = 40’) and “Landscape Plans” (1” = 20’).

Pima County RDM Statement: Another document stated that the “[i]nstallation of landscaping shall begin not later than six months after the formal completion date of the roadway project.”

These examples demonstrated that, even within the Petitioner’s own evidence, “roadway” and “landscaping” within the “right-of-way” are treated as distinct elements.

Final Order and Implications

Based on the analysis, the ALJ reached a definitive conclusion on the jurisdictional question.

Finding: The association’s maintenance of the area around the entrance walls and sign does not render it a “planned community” because this activity is not maintenance of “roadways” as understood by the statute’s plain meaning.

Order: The petition was dismissed with prejudice on September 25, 2018.

Legal Consequence: The Office of Administrative Hearings and the Arizona Department of Real Estate lack subject matter jurisdiction over the petition.

Further Recourse: The decision explicitly states that the Petitioner remains free to file an action in a court of competent jurisdiction as specified by the Respondent’s community documents.






Study Guide – 18F-H1817022-REL-RHG


Study Guide: Satterlee v. Green Valley Country Club Vistas II Property Owner’s Association

This guide reviews the administrative law case Thomas P. Satterlee v. Green Valley Country Club Vistas II Property Owner’s Association (No. 18F-H1817022-REL-RHG). The central issue is whether the Respondent association qualifies as a “planned community” under Arizona law, which would grant jurisdiction to the Arizona Department of Real Estate and the Office of Administrative Hearings. The case hinges on the statutory definition of “roadway” and whether the association’s maintenance of landscaping falls under a “covenant to maintain roadways.”

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Short-Answer Quiz

Answer the following questions in 2-3 complete sentences based on the provided source document.

1. What was the Respondent’s primary argument for filing a Motion to Dismiss?

2. How did the Petitioner, Thomas P. Satterlee, initially argue that the Respondent qualified as a “planned community”?

3. What was the key piece of evidence presented by the Petitioner from the Pima County Director of Transportation during the rehearing?

4. What is the “Complete Streets” concept, and how did the Petitioner attempt to use it in his argument?

5. According to the Respondent, how did the Arizona legislature’s choice of words in the 2014 statutory amendment undermine the Petitioner’s argument?

6. How did the Administrative Law Judge use dictionary definitions to analyze the term “roadway”?

7. What piece of Pima County code did the judge cite to show that “roadway” and “right-of-way” are distinct terms?

8. Why did the Administrative Law Judge ultimately find the “Complete Streets” argument to be irrelevant to the case?

9. What is the legal principle regarding subject matter jurisdiction as stated in the Conclusions of Law?

10. What was the final order in this case, and what option did it leave available to the Petitioner?

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Answer Key

1. The Respondent argued that the Office of Administrative Hearings lacked subject matter jurisdiction over the petition. This was because the Respondent was not a “planned community” as defined by A.R.S. § 33-1802(4), since it did not own real estate or have a covenant to maintain roadways.

2. The Petitioner initially argued that the Respondent had a “covenant to maintain roadways” because the developer built walls and a sign at the community entrance, and the Respondent had maintained the landscaping around the sign. He contended that the term “roadway” in the statute included “roadway systems,” which would encompass the landscaped entrance land.

3. During the rehearing, the Petitioner presented a letter from Ana M. Olivares, PE, Director of Pima County Transportation. The letter stated that the Respondent had been maintaining the landscaping at the corners of La Canada Drive and La Canoa since its installation and would continue to do so until the county found funds to take over maintenance.

4. The “Complete Streets” concept is an approach to designing roadways and rights-of-way to be safe and accessible for all users, including pedestrians, bicyclists, and motorists. The Petitioner argued that this modern engineering approach effectively equates the term “roadway” with the entire “right-of-way,” which would include the landscaped areas maintained by the Respondent.

5. The Respondent argued that the “Complete Streets” concept was well-known by 2014 when the statute was amended. However, the Arizona legislature specifically chose to use the term “roadway,” not “right-of-way” or “Complete Streets,” implying a narrower, more specific meaning was intended.

6. The Administrative Law Judge consulted multiple dictionaries (English Oxford, Merriam-Webster, Dictionary.com, etc.) to establish the plain meaning of “roadway.” These definitions consistently described a “roadway” as the part of a road intended for vehicle travel, distinct from adjacent areas like sidewalks or landscaping.

7. The judge cited Pima County Code of Ordinances 10.56.020, which defined minor projects to include “[c]hanges or improvements to the right-of-way area outside the shoulder of an existing roadway.” This language explicitly treats the “right-of-way” and “roadway” as separate and distinct areas, contradicting the Petitioner’s claim.

8. The judge found the “Complete Streets” argument irrelevant because the statute in question was amended after the widespread adoption of the concept, yet the legislature chose to use the term “roadway.” The judge reasoned that if the legislature had intended to include the broader scope of a “right-of-way,” it would have used that specific term or referenced “Complete Streets.”

9. The Conclusions of Law state that a lack of subject matter jurisdiction cannot be waived by the parties and must be addressed. Administrative decisions that go beyond an agency’s statutory power are considered void, as jurisdiction is defined by statutes, not by the parties involved.

10. The final order was that the Petitioner’s petition be dismissed with prejudice because the Office of Administrative Hearings lacked subject matter jurisdiction. The Petitioner remained free to file an action in a court of competent jurisdiction as specified by the Respondent’s community documents.

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Essay Questions

Answer the following questions in a detailed essay format. No answers are provided.

1. Analyze the Petitioner’s legal strategy, focusing on the evolution of his arguments from the initial hearing to the rehearing. Discuss the strengths and weaknesses of using the “Complete Streets” concept as the central pillar of his case for establishing jurisdiction.

2. Examine the Administrative Law Judge’s method of statutory interpretation in this case. How did the judge apply the principles of “plain meaning” and legislative intent when analyzing the definition of “planned community” in A.R.S. § 33-1802(4)?

3. Discuss the legal and practical distinction between “roadway” and “right-of-way” as presented in the case documents. Explain how this distinction was pivotal to the judge’s final decision on subject matter jurisdiction.

4. Evaluate the significance of the 2014 amendment to A.R.S. § 33-1802(4). How did this change in statutory language, which added “easement to maintain roadways or a covenant to maintain roadways,” create the central point of contention in this dispute?

5. Based on the judge’s Conclusions of Law, explain the legal concept of subject matter jurisdiction and why it cannot be waived or conferred by the parties involved. How does this principle protect the integrity of the administrative and judicial process?

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Glossary of Key Terms

Definition from Source Context

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions and orders, such as the dismissal of a petition.

A.R.S. § 33-1802(4)

The Arizona Revised Statute that defines a “planned community.” The statute specifies that a planned community includes real estate development where a nonprofit association owns/operates real estate or holds an easement or covenant to maintain roadways for the purpose of managing, maintaining, or improving the property.

Complete Streets

An approach to planning, designing, and operating roadways and rights-of-way with all users in mind (pedestrians, bicyclists, motorists, etc.) to make the transportation network safer and more efficient. The concept includes elements like sidewalks, bike lanes, and transit stops.

Covenant

A formal agreement or promise. In this case, a “covenant to maintain roadways” is a condition that, if met by a homeowner’s association, could classify it as a “planned community” under Arizona law.

Jurisdiction

The official power to make legal decisions and judgments. In this case, the central issue was whether the Office of Administrative Hearings had jurisdiction over the dispute.

Petitioner

The party who brings a petition or action before a court or administrative body. In this case, the Petitioner is Thomas P. Satterlee.

Planned Community

As defined by A.R.S. § 33-1802(4), a real estate development with real estate owned/operated by, or having an easement/covenant to maintain roadways held by, an association of owners who are mandatory members and pay assessments.

Respondent

The party against whom a petition is filed or an appeal is brought. In this case, the Respondent is Green Valley Country Club Vistas II Property Owner’s Association.

Right-of-Way

The strip of land over which a public road is built. As shown in Pima County policy diagrams, this can include travel lanes, medians, shoulders, bike lanes, sidewalks, and landscaping areas. The court found this to be a broader term than “roadway.”

Roadway

Based on multiple dictionary definitions cited by the judge, the part of a road intended for vehicles, in contrast to the pavement, verge, or sidewalk. The judge concluded its “plain meaning” is the portion of a road upon which vehicles travel.

Subject Matter Jurisdiction

The authority of a court or administrative body to hear cases of a particular type or cases relating to a specific subject matter. The decision states this type of jurisdiction cannot be waived and is determined by statute, not the parties.


  • don't play in the street

Case Participants

Petitioner Side

  • Thomas P. Satterlee (petitioner)

Respondent Side

  • James A. Robles (attorney)
    Perry, Childers, Hanlon & Hudson, PLC

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • Felicia Del sol (staff)
    Clerk/Distribution staff

Other Participants

  • Ana M. Olivares (Director)
    Pima County Transportation
    Provided documentation/letter regarding landscaping maintenance

Dina R. Galassini v. Plaza Waterfront Condo Owners Association, Inc.

Case Summary

Case ID 18F-H1818032-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-08-22
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Dina R. Galassini Counsel
Respondent Plaza Waterfront Condominium Owners Association, Inc. Counsel

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01; ARIZ. REV. STAT. § 33-1202

Outcome Summary

The Administrative Law Judge dismissed Petitioner’s petition for rehearing, concluding that the OAH has the authority, pursuant to statute and precedent, to resolve disputes involving the interpretation of condominium documents and related regulating statutes, rejecting Petitioner's constitutional claims regarding separation of powers. Respondent's request for attorney's fees was denied.

Why this result: Petitioner's argument that the original ALJ decision was contrary to law due to separation of powers violation was dismissed, as the OAH confirmed its statutory authority (ARIZ. REV. STAT. § 32-2199.01) to interpret condominium documents and regulating statutes.

Key Issues & Findings

Whether the Respondent Association correctly posted owner assessments for the 2018 parking lot budget

Petitioner sought rehearing arguing the ALJ lacked constitutional authority (separation of powers) to interpret condominium documents (contracts) and statutory definitions of common/limited common elements (ARIZ. REV. STAT. § 33-1202) related to the posting of the 2018 parking lot budget assessment.

Orders: Petitioner’s petition is dismissed. Respondent’s request for attorney’s fees is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)

Analytics Highlights

Topics: HOA Dispute, Assessment, Jurisdiction, ALJ Authority, Condominium Documents, Separation of Powers
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. CONST. Art. 3

Dina R. Galassini v. Plaza Waterfront Condo Owners Association, Inc.

Case Summary

Case ID 18F-H1818032-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-08-22
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Dina R. Galassini Counsel
Respondent Plaza Waterfront Condominium Owners Association, Inc. Counsel

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01; ARIZ. REV. STAT. § 33-1202

Outcome Summary

The Administrative Law Judge dismissed Petitioner’s petition for rehearing, concluding that the OAH has the authority, pursuant to statute and precedent, to resolve disputes involving the interpretation of condominium documents and related regulating statutes, rejecting Petitioner's constitutional claims regarding separation of powers. Respondent's request for attorney's fees was denied.

Why this result: Petitioner's argument that the original ALJ decision was contrary to law due to separation of powers violation was dismissed, as the OAH confirmed its statutory authority (ARIZ. REV. STAT. § 32-2199.01) to interpret condominium documents and regulating statutes.

Key Issues & Findings

Whether the Respondent Association correctly posted owner assessments for the 2018 parking lot budget

Petitioner sought rehearing arguing the ALJ lacked constitutional authority (separation of powers) to interpret condominium documents (contracts) and statutory definitions of common/limited common elements (ARIZ. REV. STAT. § 33-1202) related to the posting of the 2018 parking lot budget assessment.

Orders: Petitioner’s petition is dismissed. Respondent’s request for attorney’s fees is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)

Analytics Highlights

Topics: HOA Dispute, Assessment, Jurisdiction, ALJ Authority, Condominium Documents, Separation of Powers
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. CONST. Art. 3

Dina R. Galassini v. Plaza Waterfront Condo Owners Association, Inc.

Case Summary

Case ID 18F-H1818032-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-08-22
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Dina R. Galassini Counsel
Respondent Plaza Waterfront Condominium Owners Association, Inc. Counsel

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01; ARIZ. REV. STAT. § 33-1202

Outcome Summary

The Administrative Law Judge dismissed Petitioner’s petition for rehearing, concluding that the OAH has the authority, pursuant to statute and precedent, to resolve disputes involving the interpretation of condominium documents and related regulating statutes, rejecting Petitioner's constitutional claims regarding separation of powers. Respondent's request for attorney's fees was denied.

Why this result: Petitioner's argument that the original ALJ decision was contrary to law due to separation of powers violation was dismissed, as the OAH confirmed its statutory authority (ARIZ. REV. STAT. § 32-2199.01) to interpret condominium documents and regulating statutes.

Key Issues & Findings

Whether the Respondent Association correctly posted owner assessments for the 2018 parking lot budget

Petitioner sought rehearing arguing the ALJ lacked constitutional authority (separation of powers) to interpret condominium documents (contracts) and statutory definitions of common/limited common elements (ARIZ. REV. STAT. § 33-1202) related to the posting of the 2018 parking lot budget assessment.

Orders: Petitioner’s petition is dismissed. Respondent’s request for attorney’s fees is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)

Analytics Highlights

Topics: HOA Dispute, Assessment, Jurisdiction, ALJ Authority, Condominium Documents, Separation of Powers
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. CONST. Art. 3

Dina R. Galassini v. Plaza Waterfront Condo Owners Association, Inc.

Case Summary

Case ID 18F-H1818032-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2018-08-22
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Dina R. Galassini Counsel
Respondent Plaza Waterfront Condominium Owners Association, Inc. Counsel

Alleged Violations

ARIZ. REV. STAT. § 32-2199.01; ARIZ. REV. STAT. § 33-1202

Outcome Summary

The Administrative Law Judge dismissed Petitioner’s petition for rehearing, concluding that the OAH has the authority, pursuant to statute and precedent, to resolve disputes involving the interpretation of condominium documents and related regulating statutes, rejecting Petitioner's constitutional claims regarding separation of powers. Respondent's request for attorney's fees was denied.

Why this result: Petitioner's argument that the original ALJ decision was contrary to law due to separation of powers violation was dismissed, as the OAH confirmed its statutory authority (ARIZ. REV. STAT. § 32-2199.01) to interpret condominium documents and regulating statutes.

Key Issues & Findings

Whether the Respondent Association correctly posted owner assessments for the 2018 parking lot budget

Petitioner sought rehearing arguing the ALJ lacked constitutional authority (separation of powers) to interpret condominium documents (contracts) and statutory definitions of common/limited common elements (ARIZ. REV. STAT. § 33-1202) related to the posting of the 2018 parking lot budget assessment.

Orders: Petitioner’s petition is dismissed. Respondent’s request for attorney’s fees is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)

Analytics Highlights

Topics: HOA Dispute, Assessment, Jurisdiction, ALJ Authority, Condominium Documents, Separation of Powers
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1202
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Ariz. Cannabis Nurses Ass'n v. Ariz. Dep't of Health Servs., 242 Ariz. 62, 67, 392 P.3d 506, 511 (App. 2017)
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. CONST. Art. 3