Tag Archives: Statutory Violation

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

Posted on by

Case Summary

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

Parties & Counsel

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

Alleged Violations

A.R.S. § 33-1805
A.R.S. § 33-1805(A)

Outcome Summary

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

Key Issues & Findings

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

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

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

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

Disposition: petitioner_win

Cited:

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

Violation regarding failure to provide financial records (Bank Statements)

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

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

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

Disposition: petitioner_win

Cited:

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

Analytics Highlights

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

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

Video Overview

Audio Overview

Decision Documents

25F-H045-REL Decision – 1315733.pdf

Uploaded 2025-10-09T03:45:34 (58.2 KB)

25F-H045-REL Decision – 1316066.pdf

Uploaded 2025-10-09T03:45:34 (61.5 KB)

25F-H045-REL Decision – 1316100.pdf

Uploaded 2025-10-09T03:45:34 (58.7 KB)

25F-H045-REL Decision – 1316101.pdf

Uploaded 2025-10-09T03:45:34 (9.5 KB)

25F-H045-REL Decision – 1318153.pdf

Uploaded 2025-10-09T03:45:34 (46.4 KB)

25F-H045-REL Decision – 1324339.pdf

Uploaded 2025-10-09T03:45:34 (50.1 KB)

25F-H045-REL Decision – 1324343.pdf

Uploaded 2025-10-09T03:45:34 (43.8 KB)

25F-H045-REL Decision – 1324372.pdf

Uploaded 2025-10-09T03:45:35 (44.6 KB)

25F-H045-REL Decision – 1328416.pdf

Uploaded 2025-10-09T03:45:35 (38.0 KB)

25F-H045-REL Decision – 1337742.pdf

Uploaded 2025-10-09T03:45:35 (129.7 KB)

25F-H045-REL Decision – 1342973.pdf

Uploaded 2025-10-09T03:45:35 (47.1 KB)





Briefing Doc – 25F-H045-REL


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

Executive Summary

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

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

Case Overview

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

Entity / Individual

Petitioner

Jeremy R. Whittaker (Appeared on his own behalf)

Respondent

The Val Vista Lake Community Association (Val Vista)

Respondent’s Counsel

Joshua M. Bolen, Esq., CHDB Law LLP

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding ALJs

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

Overseeing Agency

Arizona Department of Real Estate

Consolidated Dockets

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

Procedural History and Key Rulings

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

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

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

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

• Subpoena Rulings:

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

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

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

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

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

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

Analysis of Records Requests and Disputes

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

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

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

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

Requested Documents (February 27, 2025):

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

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

3. Legal Services Records:

◦ Current and past legal services agreements and retainers.

◦ Attorney rate schedules and fee structures.

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

◦ Board meeting minutes discussing attorney engagement or retention.

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

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

◦ Any other records detailing the contractual or advisory relationship.

Case 25F-H054-REL: Financial Records

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

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

Requested Documents (March 21, 2025):

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

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

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

Final Administrative Law Judge Decision

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

Summary of Arguments

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

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

Conclusions of Law

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

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

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

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

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

Final Order and Penalties

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

Case Docket

Filing Fee Reimbursement

Civil Penalty

25F-H045-REL

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

$500.00

$500.00

25F-H054-REL

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

$500.00

$500.00

$1,000.00

$1,000.00

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

Post-Decision Clarification

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

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

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


Case Participants

Petitioner Side

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

Respondent Side

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

Neutral Parties

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

Other Participants

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

Tom Barrs vs Desert Ranch Homeowners Association

Posted on by

Case Summary

Case ID 25F-H2222050-REL-RMD
Agency ADRE
Tribunal OAH
Decision Date 2025-04-01
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $25.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules, Esq.
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge Decision granted the remanded petition based on the parties' stipulation that the Respondent Homeowners Association violated ARIZ. REV. STAT. § 33-1805 by failing to timely provide the membership roster. The ALJ ordered Respondent to reimburse the Petitioner $500.00 for the filing fee and assessed a civil penalty of $25.00 against Respondent. All other respects of the previous ALJ Decision issued February 21, 2023, remain unchanged.

Key Issues & Findings

Failure to timely provide full membership roster

The remanded issue concerned whether Respondent failed to timely fulfill records requests, specifically a full roster of Association Member names and corresponding property addresses, in violation of ARS § 33-1805. The parties stipulated that a violation of ARS § 33-1805 occurred.

Orders: Petitioner's remanded petition was granted. Respondent was ordered to reimburse Petitioner $500.00 for the filing fee and pay a $25.00 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $25.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: HOA Records Request, Membership Roster, Records Disclosure, Statutory Violation, Stipulation, Remand
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09(A)(1)

Audio Overview

Decision Documents

25F-H2222050-REL-RMD Decision – 1280942.pdf

Uploaded 2026-01-23T18:27:21 (50.9 KB)

25F-H2222050-REL-RMD Decision – 1285833.pdf

Uploaded 2026-01-23T18:27:25 (107.0 KB)

25F-H2222050-REL-RMD Decision – 1286292.pdf

Uploaded 2026-01-23T18:27:30 (21.7 KB)

25F-H2222050-REL-RMD Decision – 1288559.pdf

Uploaded 2026-01-23T18:27:36 (149.2 KB)





Briefing Doc – 25F-H2222050-REL-RMD


Briefing Document: The Matter of Barrs v. Desert Ranch Homeowners Association

Executive Summary

This briefing document synthesizes the key events, legal arguments, and ultimate resolution of the administrative case Tom Barrs v. Desert Ranch Homeowners Association (No. 25F-H2222050-REL-RMD). The dispute, which progressed through the Arizona Office of Administrative Hearings (OAH) and the Maricopa County Superior Court, centered on a homeowner’s right to access association records, specifically the membership roster.

The case concluded on March 31, 2025, when the Desert Ranch Homeowners Association (HOA) stipulated to a violation of Arizona Revised Statutes (A.R.S.) § 33-1805. The HOA admitted it failed to timely fulfill a records request for the membership roster, which was submitted on October 21, 2021, and not fulfilled until May 2023—a delay of approximately 19 months.

The resolution required the HOA to pay petitioner Tom Barrs a total of $975.00, which included the reimbursement of a $500.00 filing fee. Citing the respondent’s “unconscionable conduct,” the Administrative Law Judge (ALJ) also levied a nominal civil penalty of $25.00 against the association.

A critical turning point in the case was a landmark ruling by the Maricopa County Superior Court on April 4, 2024. The Court reversed an earlier OAH decision, establishing that HOA membership lists containing names and property addresses do not qualify as exempt personal records. The Court reasoned that access to such information is “essential to having a homeowners association” and necessary for members “to actively participate in HOA affairs.” This ruling, however, specified that more private data, such as email addresses and phone numbers, are not subject to mandatory disclosure. The matter was subsequently remanded to the OAH on this single issue, leading to the final stipulated resolution.

——————————————————————————–

I. Case Overview and Parties Involved

This administrative action details a prolonged dispute between a homeowner and his planned community association regarding access to records.

• Case Name: In the Matter of: Tom Barrs, Petitioner, vs. Desert Ranch Homeowners Association, Respondent.

• Docket Number: 25F-H2222050-REL-RMD

• Adjudicating Body: Arizona Office of Administrative Hearings (OAH)

• Presiding Judge: Administrative Law Judge (ALJ) Jenna Clark

• Petitioner: Tom Barrs (Appeared pro per initially, later represented by Jonathan A. Dessaules, Esq.)

• Respondent: Desert Ranch Homeowners Association (Represented by HOA President Michel Olley)

II. Procedural History: From Initial Petitions to Superior Court

The case originated from four separate petitions filed by Mr. Barrs with the Arizona Department of Real Estate, each incurring a $500 filing fee.

Petition Filing Date

Alleged Violation

Subject Matter

April 18, 2022

A.R.S. § 33-1805

Document requests from Apr 2021, Nov 2021, and Feb 2022.

April 18, 2022

A.R.S. § 33-1804(A)

Alleged preclusion of audio recording at a meeting.

April 18, 2022

A.R.S. § 33-1805

Membership roster request from October 2021.

May 12, 2022

A.R.S. § 33-1805

Multiple document requests from Oct 2021 to Mar 2022.

• May 25, 2022: The Department of Real Estate consolidated the matters and referred them to the OAH for an evidentiary hearing.

• January 9-10, 2023: The consolidated hearing takes place before the OAH.

• February 21, 2023: The OAH issues an Administrative Law Judge Decision. It granted portions of the general document request petitions but denied the petitions regarding the audio recording and the membership roster in their entirety. The petitioner’s request for civil penalties was also denied.

• March 26, 2023: As the aggrieved party, Mr. Barrs files a timely Dispute Rehearing Petition with the Department of Real Estate.

• April 18, 2023: The Department of Real Estate issues an order denying the rehearing request.

• June 6, 2023: The Department is notified that Mr. Barrs has appealed its decision to the Maricopa County Superior Court.

III. The Superior Court Ruling: A Key Decision on HOA Record Transparency

On April 4, 2024, the Superior Court issued a pivotal order that reversed the Department of Real Estate’s decision in part, focusing squarely on the issue of membership lists.

The Court concluded that the ALJ had erred in treating the membership roster as exempt personal records. It ruled that such lists, containing names and property addresses, must be made available to all members unless they qualify for a specific statutory exception.

“In this case, Desert Ridge has kept membership lists as a part of their records undoubtedly for a variety of reasons. Unless those records qualify for an exception, they must be made available to all members… Those membership lists containing names and addresses, however, do not appear to fall within the exemption for personal records.”

The Court’s rationale was grounded in the principle of homeowner participation in association governance:

“In addition, in order to actively participate in HOA affairs, all members must have the ability to know who is in the Association and which home or land they own.”

The ruling drew a clear line between public-facing information and private contact details. It affirmed that while names and addresses are necessary for HOA functions, more personal data is not.

“The desire for additional personal information, including email addresses and phone numbers and the like, while understandable, is not necessary for active participation in the affairs of the Association… Email addresses and phone numbers, however, are more personal and less public in nature… While disclosure of names and property addresses… may be essential to having a homeowners association, the disclosure of email addresses and phone numbers is not.”

On August 2, 2024, the Court reaffirmed its ruling and remanded “only the reversed portion of the Department’s Decision” back to the OAH for “proceedings consistent” with its order. The petitioner’s request for attorneys’ fees for his pro per work was denied.

IV. The Remand Process and Clarification of Scope

Following the remand, the OAH scheduled a new hearing for March 31, 2025. A prehearing conference on March 18, 2025, revealed a significant disagreement between the parties on the scope of this new hearing.

• Petitioner’s Position: Mr. Barrs argued that the remand reopened all four of his original petitions for reconsideration.

• Respondent’s Position: Mr. Olley contended that the remand was narrowly focused on the single issue of the membership roster, as specified by the Superior Court.

ALJ Clark noted that the Department of Real Estate’s hearing notice was “deficient” because it failed to specify the issue for adjudication. To resolve the conflict, she issued a clarifying Minute Entry on March 24, 2025.

The Order explicitly narrowed the scope of the hearing:

“IT IS ORDERED that the issue to be addressed at the hearing… is whether Respondent failed to timely fulfill records requests submitted by Petitioner… by providing Petitioner with a full roster of Association Member names and corresponding property addresses per his request(s) in violation of ARIZ. REV. STAT. § 33-1805.”

The order further stated that in all other respects, the original ALJ Decision from February 21, 2023, “remains unchanged and in full force and effect,” thereby validating the respondent’s interpretation.

V. Final Hearing and Resolution

The remanded hearing convened on March 31, 2025. Before testimony could begin, the case moved swiftly to a resolution.

At the outset of the hearing, Mr. Olley, on behalf of the HOA, made a “motion for summary judgment,” conceding a violation of the statute regarding the withholding of the membership roster and offering to reimburse the petitioner’s $500 filing fee. The ALJ treated this as a settlement offer and allowed the parties to confer off the record.

The parties returned having reached a full agreement, which was entered into the record. The key stipulated facts were:

Stipulation

Details

Violation Admitted

The Association violated A.R.S. § 33-1805 by failing to provide the membership roster.

Specific Request

The violation pertains to the request made by Mr. Barrs on October 21, 2021.

Untimeliness

The roster was not provided until May 2023, approximately 19 months after the request.

Monetary Settlement

The Association agreed to pay Mr. Barrs a total of $975.00.

Based on the parties’ stipulations, ALJ Clark issued a final decision on April 1, 2025, formalizing the outcome:

1. Petition Granted: The petitioner’s remanded petition was granted.

2. Civil Penalty: A civil penalty of $25.00 was assessed against the Respondent. In his closing argument, petitioner’s counsel argued this was warranted due to the HOA’s “unconscionable conduct” in delaying compliance for 19 months.

3. Filing Fee Reimbursement: Respondent was ordered to reimburse the petitioner’s $500.00 filing fee, as per the stipulation and statute.

4. Finality: The decision reaffirmed that all other elements of the original February 21, 2023, OAH decision remain in effect.






Study Guide – 25F-H2222050-REL-RMD


{ “case”: { “docket_no”: “25F-H2222050-REL-RMD”, “case_title”: “Tom Barrs v. Desert Ranch Homeowners Association”, “decision_date”: “2025-04-01”, “alj_name”: “Jenna Clark”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA refuse to give me a list of other homeowners’ names and addresses?”, “short_answer”: “No. Unless an exception applies, membership lists with names and addresses must be made available so members can participate in HOA affairs.”, “detailed_answer”: “The decision clarifies that membership lists containing names and addresses are not considered ‘personal records’ that can be withheld. Access to this information is deemed necessary for members to actively participate in the association, such as knowing who belongs to the association and which properties they own.”, “alj_quote”: “Those membership lists containing names and addresses, however, do not appear to fall within the exemption for personal records. … In addition, in order to actively participate in HOA affairs, all members must have the ability to know who is in the Association and which home or land they own.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Records Request”, “Membership List”, “Homeowner Rights” ] }, { “question”: “Am I entitled to receive the email addresses and phone numbers of other homeowners?”, “short_answer”: “No. Email addresses and phone numbers are considered personal and private, unlike physical addresses.”, “detailed_answer”: “While names and physical addresses are necessary for HOA participation, the decision states that email addresses and phone numbers are more personal. Disclosure of this contact information is not essential for association business and could lead to harassment or marketing issues.”, “alj_quote”: “The desire for additional personal information, including email addresses and phone numbers and the like, while understandable, is not necessary for active participation in the affairs of the Association. … Email addresses and phone numbers, however, are more personal and less public in nature.”, “legal_basis”: “A.R.S. § 33-1805(B)(4)”, “topic_tags”: [ “Privacy”, “Records Request”, “Personal Records” ] }, { “question”: “How quickly must the HOA respond to my request to inspect records?”, “short_answer”: “The HOA has 10 business days to fulfill a request.”, “detailed_answer”: “Arizona law grants the association ten business days to fulfill a request for examination or to provide copies of requested records.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records… the association shall have ten business days to provide copies of the requested records.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Timelines”, “Procedural Requirements” ] }, { “question”: “Can the HOA charge me a fee for simply looking at the records?”, “short_answer”: “No. The HOA cannot charge for making materials available for review.”, “detailed_answer”: “The statute explicitly prohibits the association from charging a member for the act of making material available for review. Charges are only permitted for copies.”, “alj_quote”: “The association shall not charge a member or any person designated by the member in writing for making material available for review.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “How much can the HOA charge me for copies of records?”, “short_answer”: “The HOA can charge a maximum of 15 cents per page.”, “detailed_answer”: “If a member requests copies of records, the association is legally permitted to charge a fee, but it is capped at fifteen cents per page.”, “alj_quote”: “An association may charge a fee for making copies of not more than fifteen cents per page.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “What records is the HOA allowed to withhold from me?”, “short_answer”: “The HOA can withhold privileged legal communications, pending litigation, closed meeting minutes, and specific personal or employee records.”, “detailed_answer”: “The decision outlines specific statutory exceptions where records can be withheld, including attorney-client privilege, pending litigation, minutes from executive sessions, and personal/health/financial records of members or employees.”, “alj_quote”: “Books and records… may be withheld… to the extent that the portion withheld relates to any of the following: 1. Privileged communication… 2. Pending litigation. 3. Meeting minutes… of a session… not required to be open… 4. Personal, health or financial records…”, “legal_basis”: “A.R.S. § 33-1805(B)”, “topic_tags”: [ “Exceptions”, “Records Request”, “Privacy” ] }, { “question”: “Can the HOA be penalized if they delay providing records for a long time?”, “short_answer”: “Yes. Significant delays can result in a violation and civil penalties.”, “detailed_answer”: “In this case, the HOA failed to provide a membership roster for approximately 19 months (from October 2021 to May 2023). This was deemed untimely and resulted in a civil penalty.”, “alj_quote”: “Respondent’s response to Petitioner’s October 21, 2021, records request was untimely, as it was not fulfilled until May 2023. … Petitioner’s request to assess civil penalties totaling $25.00 against Respondent is granted.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Penalties”, “Enforcement”, “Timelines” ] }, { “question”: “If I win my hearing, will the HOA have to reimburse my filing fee?”, “short_answer”: “Yes, the ALJ can order the HOA to reimburse the $500 filing fee.”, “detailed_answer”: “The decision orders the Respondent (HOA) to reimburse the Petitioner’s $500 filing fee as required by statute when the Petitioner prevails.”, “alj_quote”: “Respondent shall reimburse Petitioner’s $500.00 filing fee as required by ARIZ. REV. STAT. § 32-2199.01.”, “legal_basis”: “A.R.S. § 32-2199.01”, “topic_tags”: [ “Costs”, “Remedies” ] }, { “question”: “Who has to prove that the HOA broke the law?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “The homeowner must prove by a ‘preponderance of the evidence’ that the HOA violated the statute. This means showing that the contention is more probably true than not.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Legal Standards”, “Procedure” ] } ] }






Blog Post – 25F-H2222050-REL-RMD


{ “case”: { “docket_no”: “25F-H2222050-REL-RMD”, “case_title”: “Tom Barrs v. Desert Ranch Homeowners Association”, “decision_date”: “2025-04-01”, “alj_name”: “Jenna Clark”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA refuse to give me a list of other homeowners’ names and addresses?”, “short_answer”: “No. Unless an exception applies, membership lists with names and addresses must be made available so members can participate in HOA affairs.”, “detailed_answer”: “The decision clarifies that membership lists containing names and addresses are not considered ‘personal records’ that can be withheld. Access to this information is deemed necessary for members to actively participate in the association, such as knowing who belongs to the association and which properties they own.”, “alj_quote”: “Those membership lists containing names and addresses, however, do not appear to fall within the exemption for personal records. … In addition, in order to actively participate in HOA affairs, all members must have the ability to know who is in the Association and which home or land they own.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Records Request”, “Membership List”, “Homeowner Rights” ] }, { “question”: “Am I entitled to receive the email addresses and phone numbers of other homeowners?”, “short_answer”: “No. Email addresses and phone numbers are considered personal and private, unlike physical addresses.”, “detailed_answer”: “While names and physical addresses are necessary for HOA participation, the decision states that email addresses and phone numbers are more personal. Disclosure of this contact information is not essential for association business and could lead to harassment or marketing issues.”, “alj_quote”: “The desire for additional personal information, including email addresses and phone numbers and the like, while understandable, is not necessary for active participation in the affairs of the Association. … Email addresses and phone numbers, however, are more personal and less public in nature.”, “legal_basis”: “A.R.S. § 33-1805(B)(4)”, “topic_tags”: [ “Privacy”, “Records Request”, “Personal Records” ] }, { “question”: “How quickly must the HOA respond to my request to inspect records?”, “short_answer”: “The HOA has 10 business days to fulfill a request.”, “detailed_answer”: “Arizona law grants the association ten business days to fulfill a request for examination or to provide copies of requested records.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records… the association shall have ten business days to provide copies of the requested records.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Timelines”, “Procedural Requirements” ] }, { “question”: “Can the HOA charge me a fee for simply looking at the records?”, “short_answer”: “No. The HOA cannot charge for making materials available for review.”, “detailed_answer”: “The statute explicitly prohibits the association from charging a member for the act of making material available for review. Charges are only permitted for copies.”, “alj_quote”: “The association shall not charge a member or any person designated by the member in writing for making material available for review.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “How much can the HOA charge me for copies of records?”, “short_answer”: “The HOA can charge a maximum of 15 cents per page.”, “detailed_answer”: “If a member requests copies of records, the association is legally permitted to charge a fee, but it is capped at fifteen cents per page.”, “alj_quote”: “An association may charge a fee for making copies of not more than fifteen cents per page.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “What records is the HOA allowed to withhold from me?”, “short_answer”: “The HOA can withhold privileged legal communications, pending litigation, closed meeting minutes, and specific personal or employee records.”, “detailed_answer”: “The decision outlines specific statutory exceptions where records can be withheld, including attorney-client privilege, pending litigation, minutes from executive sessions, and personal/health/financial records of members or employees.”, “alj_quote”: “Books and records… may be withheld… to the extent that the portion withheld relates to any of the following: 1. Privileged communication… 2. Pending litigation. 3. Meeting minutes… of a session… not required to be open… 4. Personal, health or financial records…”, “legal_basis”: “A.R.S. § 33-1805(B)”, “topic_tags”: [ “Exceptions”, “Records Request”, “Privacy” ] }, { “question”: “Can the HOA be penalized if they delay providing records for a long time?”, “short_answer”: “Yes. Significant delays can result in a violation and civil penalties.”, “detailed_answer”: “In this case, the HOA failed to provide a membership roster for approximately 19 months (from October 2021 to May 2023). This was deemed untimely and resulted in a civil penalty.”, “alj_quote”: “Respondent’s response to Petitioner’s October 21, 2021, records request was untimely, as it was not fulfilled until May 2023. … Petitioner’s request to assess civil penalties totaling $25.00 against Respondent is granted.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Penalties”, “Enforcement”, “Timelines” ] }, { “question”: “If I win my hearing, will the HOA have to reimburse my filing fee?”, “short_answer”: “Yes, the ALJ can order the HOA to reimburse the $500 filing fee.”, “detailed_answer”: “The decision orders the Respondent (HOA) to reimburse the Petitioner’s $500 filing fee as required by statute when the Petitioner prevails.”, “alj_quote”: “Respondent shall reimburse Petitioner’s $500.00 filing fee as required by ARIZ. REV. STAT. § 32-2199.01.”, “legal_basis”: “A.R.S. § 32-2199.01”, “topic_tags”: [ “Costs”, “Remedies” ] }, { “question”: “Who has to prove that the HOA broke the law?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “The homeowner must prove by a ‘preponderance of the evidence’ that the HOA violated the statute. This means showing that the contention is more probably true than not.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Legal Standards”, “Procedure” ] } ] }


Case Participants

Petitioner Side

  • Tom Barrs (petitioner)
  • Jonathan A. Dessaules (petitioner attorney)
    Dessaules Law Group

Respondent Side

  • Michael Olley (HOA President)
    Desert Ranch Homeowners Association
    Appeared on behalf of Respondent. Also referred to as Michael Ali and Michel Olley.
  • B. Austin Baillio (respondent attorney)
    Maxwell & Morgan P.C.
    Counsel for Respondent in official correspondence.

Neutral Parties

  • Jenna Clark (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Judge Mikitish (Superior Court Judge)
    Superior Court of Arizona – Maricopa County
    Issued minute entries in related Superior Court proceedings.
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • mneat (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • lrecchia (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • gosborn (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.

Other Participants

  • Brian Schoeffler (observer)
    Observed the hearing.
  • Stephen Barrs (observer)
    Observed the hearing. Also referred to as Steven Bar and Steven Bars.

David Y. Samuels v. The Concorde Condominium Home Owners Association

Posted on by

Case Summary

Case ID 24F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-18
Administrative Law Judge Amy M. Haley
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David Y. Samuels Counsel —
Respondent The Concorde Condominium Home Owners Association Counsel Ashley N. Turner

Alleged Violations

A.R.S. § 33-1803

Outcome Summary

The petition filed by David Y. Samuels against The Concorde Condominium Home Owners Association was dismissed. The Tribunal found that Samuels lacked standing to bring the action as an individual, and the cited statute, A.R.S. § 33-1803 (Planned Community Act), was improper for this condominium dispute.

Why this result: Petitioner lacked standing because the property was owned by Daso Properties, LLC, not by David Y. Samuels individually. Additionally, the Petitioner brought the action under the incorrect statute, A.R.S. § 33-1803, which governs planned communities, not condominiums.

Key Issues & Findings

Alleged violation concerning late fees, collection fees, and attorney fees for delinquent assessment payments

Petitioner alleged Respondent violated A.R.S. § 33-1803 by charging unwarranted late fees, collection fees, and attorney fees for delinquent assessments.

Orders: Petitioner's petition is dismissed because Petitioner lacked standing as an individual owner, and the cause of action was brought under the improper statute (Planned Community Act) for a condominium property.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803
  • A.R.S. § 32-2199.01(A)
  • A.R.S. § 33-1801(A)
  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: standing, condominium, planned community act, statutory violation, late fees, collection fees, attorney fees, jurisdiction, dismissal
Additional Citations:

  • A.R.S. § 33-1803
  • A.R.S. § 32-2199.01(A)
  • A.R.S. § 33-1801(A)
  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-106(D)

Video Overview

Audio Overview

Decision Documents

24F-H025-REL Decision – 1124651.pdf

Uploaded 2026-01-23T18:03:59 (48.4 KB)

24F-H025-REL Decision – 1133120.pdf

Uploaded 2026-01-23T18:04:01 (39.9 KB)

24F-H025-REL Decision – 1134423.pdf

Uploaded 2026-01-23T18:04:05 (48.2 KB)

24F-H025-REL Decision – 1139633.pdf

Uploaded 2026-01-23T18:04:08 (55.7 KB)

24F-H025-REL Decision – 1139646.pdf

Uploaded 2026-01-23T18:04:12 (7.6 KB)

24F-H025-REL Decision – 1157271.pdf

Uploaded 2026-01-23T18:04:17 (47.1 KB)

24F-H025-REL Decision – 1168680.pdf

Uploaded 2026-01-23T18:04:22 (86.1 KB)

Questions

Question

If my property is owned by an LLC, can I file a petition against the HOA in my own name as the managing member?

Short Answer

No. The petition must be filed by the legal owner (the LLC), not an individual member, or it will be dismissed for lack of standing.

Detailed Answer

The ALJ determined that an individual managing member of an LLC does not have standing to bring an action on behalf of the property owned by the LLC. The dispute statute specifically applies to 'owners' and 'associations'.

Alj Quote

The Tribunal finds that, after taking testimony, Petitioner, as an individual, did not have standing to bring this action… The proper party to bring the action would have been Daso Properties, LLC.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • standing
  • LLC ownership
  • procedural requirements

Question

Can I use laws meant for Planned Communities (A.R.S. § 33-1803) to dispute charges if I live in a Condominium?

Short Answer

No. Condominiums are governed by a different set of statutes (Chapter 9) than Planned Communities (Chapter 16).

Detailed Answer

The ALJ dismissed the claim because the homeowner cited the Planned Community Act (A.R.S. § 33-1803) while the property was legally a condominium. Condominiums are not subject to the Planned Community Act.

Alj Quote

However, the Property is a condominium; therefore, Respondent is not subject to the Planned Community Act. … Chapter 9 governs condominiums.

Legal Basis

A.R.S. § 33-1801(A)

Topic Tags

  • jurisdiction
  • condominium vs planned community
  • statutory application

Question

Does the Department of Real Estate have jurisdiction to hear a dispute if I am not the legal owner of the property?

Short Answer

No. The Department's jurisdiction is limited to disputes specifically between an owner and an association.

Detailed Answer

The decision clarifies that the administrative hearing process is strictly for disputes involving an 'owner' or 'association'. If the petitioner is not the legal owner (even if they manage the LLC that owns it), the Department lacks jurisdiction.

Alj Quote

The department does not have jurisdiction to hear a dispute that does not involve an owner or an association.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • jurisdiction
  • standing
  • homeowner rights

Question

Who has the burden of proof when a homeowner claims an HOA violated state laws?

Short Answer

The homeowner (Petitioner) has the burden of proving the violation by a preponderance of the evidence.

Detailed Answer

In these administrative hearings, it is the responsibility of the person bringing the complaint to provide sufficient evidence to prove their claims.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1803 as alleged in his petition.

Legal Basis

Preponderance of Evidence

Topic Tags

  • burden of proof
  • evidence
  • legal standards

Question

What happens if I base my entire petition on a statute that doesn't apply to my type of property?

Short Answer

The petition will be dismissed because you have stated no claim upon which relief can be granted.

Detailed Answer

Because the petitioner cited the wrong statute (Planned Community Act for a Condominium), the judge ruled that there was no valid legal claim to rule on, resulting in dismissal.

Alj Quote

As such, Petitioner has stated no claim upon which relief can be granted under A.R.S. § 33-1801.

Legal Basis

A.R.S. § 33-1801

Topic Tags

  • dismissal
  • legal procedure
  • condominium act

Case

Docket No
24F-H025-REL
Case Title
David Y. Samuels vs The Concorde Condominium Home Owners Association
Decision Date
2024-04-18
Alj Name
Amy M. Haley
Tribunal
OAH
Agency
ADRE

Questions

Question

If my property is owned by an LLC, can I file a petition against the HOA in my own name as the managing member?

Short Answer

No. The petition must be filed by the legal owner (the LLC), not an individual member, or it will be dismissed for lack of standing.

Detailed Answer

The ALJ determined that an individual managing member of an LLC does not have standing to bring an action on behalf of the property owned by the LLC. The dispute statute specifically applies to 'owners' and 'associations'.

Alj Quote

The Tribunal finds that, after taking testimony, Petitioner, as an individual, did not have standing to bring this action… The proper party to bring the action would have been Daso Properties, LLC.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • standing
  • LLC ownership
  • procedural requirements

Question

Can I use laws meant for Planned Communities (A.R.S. § 33-1803) to dispute charges if I live in a Condominium?

Short Answer

No. Condominiums are governed by a different set of statutes (Chapter 9) than Planned Communities (Chapter 16).

Detailed Answer

The ALJ dismissed the claim because the homeowner cited the Planned Community Act (A.R.S. § 33-1803) while the property was legally a condominium. Condominiums are not subject to the Planned Community Act.

Alj Quote

However, the Property is a condominium; therefore, Respondent is not subject to the Planned Community Act. … Chapter 9 governs condominiums.

Legal Basis

A.R.S. § 33-1801(A)

Topic Tags

  • jurisdiction
  • condominium vs planned community
  • statutory application

Question

Does the Department of Real Estate have jurisdiction to hear a dispute if I am not the legal owner of the property?

Short Answer

No. The Department's jurisdiction is limited to disputes specifically between an owner and an association.

Detailed Answer

The decision clarifies that the administrative hearing process is strictly for disputes involving an 'owner' or 'association'. If the petitioner is not the legal owner (even if they manage the LLC that owns it), the Department lacks jurisdiction.

Alj Quote

The department does not have jurisdiction to hear a dispute that does not involve an owner or an association.

Legal Basis

A.R.S. § 32-2199.01(A)

Topic Tags

  • jurisdiction
  • standing
  • homeowner rights

Question

Who has the burden of proof when a homeowner claims an HOA violated state laws?

Short Answer

The homeowner (Petitioner) has the burden of proving the violation by a preponderance of the evidence.

Detailed Answer

In these administrative hearings, it is the responsibility of the person bringing the complaint to provide sufficient evidence to prove their claims.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1803 as alleged in his petition.

Legal Basis

Preponderance of Evidence

Topic Tags

  • burden of proof
  • evidence
  • legal standards

Question

What happens if I base my entire petition on a statute that doesn't apply to my type of property?

Short Answer

The petition will be dismissed because you have stated no claim upon which relief can be granted.

Detailed Answer

Because the petitioner cited the wrong statute (Planned Community Act for a Condominium), the judge ruled that there was no valid legal claim to rule on, resulting in dismissal.

Alj Quote

As such, Petitioner has stated no claim upon which relief can be granted under A.R.S. § 33-1801.

Legal Basis

A.R.S. § 33-1801

Topic Tags

  • dismissal
  • legal procedure
  • condominium act

Case

Docket No
24F-H025-REL
Case Title
David Y. Samuels vs The Concorde Condominium Home Owners Association
Decision Date
2024-04-18
Alj Name
Amy M. Haley
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • David Y. Samuels (petitioner)
    Daso Properties, LLC
    Managing member of the property owner (Daso Properties, LLC); Appeared on his own behalf.

Respondent Side

  • Ashley N. Turner (HOA attorney)
    Goodman Law Group
    Council for respondent; Also appeared as Ashley N. Moscarello in earlier filings.
  • Alyssa Butler (community manager)
    The Management Trust (TMT)
    Witness for the association.
  • Stephanie Beck (HOA staff)
    Involved in prior HOA correspondence regarding fines.
  • Catherine Green (HOA staff)
    Involved in prior HOA correspondence regarding fines.

Neutral Parties

  • Amy M. Haley (ALJ)
    OAH
    Conducted the hearing and issued the final decision.
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Tammy L. Eigenheer (ALJ)
    OAH
    Issued an order on March 19, 2024.
  • A. Hansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • V. Nunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • A. Kowaleski (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission via email [email protected].

Laura R. Braglia V. Palo Verde Estates Homeowners Association, INC.

Posted on by

Case Summary

Case ID 24F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-17
Administrative Law Judge Jenna Clark
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Laura R. Braglia Counsel —
Respondent Palo Verde Estates Homeowners Association, Inc. Counsel Jacqueline Zipprich

Alleged Violations

ARIZ. REV. STAT. § 33-1258

Outcome Summary

The ALJ granted the petition after finding that the Respondent HOA violated ARIZ. REV. STAT. § 33-1258 by failing to fulfill a records request within the statutory ten business days. The HOA was ordered to reimburse the Petitioner's $500 filing fee and comply with the statute, but was not assessed a civil penalty.

Key Issues & Findings

Whether Respondent violated ARIZ. REV. STAT. § 33-1258 because the “HOA has not complied witha [sic] formal records request … regarding damage to homeowner's unit.”

Respondent received Petitioner's records request on November 28, 2023, but did not comply until February 13, 2024, nearly two months later. The Tribunal found no viable justification for the delay, establishing a violation of the statute.

Orders: Petitioner's petition is granted. Respondent must reimburse the $500 filing fee in certified funds and must henceforth comply with ARIZ. REV. STAT. § 33-1258. No civil penalty was assessed.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1258

Analytics Highlights

Topics: records request, statutory violation, HOA transparency, filing fee reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.

Video Overview

Audio Overview

Decision Documents

24F-H032-REL Decision – 1162594.pdf

Uploaded 2026-01-23T18:05:42 (51.3 KB)

24F-H032-REL Decision – 1167907.pdf

Uploaded 2026-01-23T18:05:48 (184.7 KB)

Questions

Question

How long does my HOA have to respond to a formal records request?

Short Answer

The HOA has 10 business days to fulfill a request for examination or to provide copies.

Detailed Answer

Under Arizona law, an association is strictly required to fulfill a request for examination or provide copies of requested records within ten business days. Failure to meet this deadline without a viable justification constitutes a violation of the statute.

Alj Quote

The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can my HOA charge me a fee to simply review or inspect records?

Short Answer

No, the HOA cannot charge a fee for making material available for review.

Detailed Answer

The statute explicitly prohibits the association from charging a member for the act of making materials available for review. However, they may charge a specific fee for making actual copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • homeowner rights

Question

How much can the HOA charge if I ask for copies of records?

Short Answer

The HOA may charge a fee for copies, but it cannot exceed fifteen cents per page.

Detailed Answer

While review is free, if a homeowner requests physical copies of the records, the association is permitted by statute to charge a fee, capped at fifteen cents per page.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • copies

Question

What happens if my HOA responds to my records request weeks or months late?

Short Answer

Responding late without a valid excuse is a violation of the statute.

Detailed Answer

If the HOA fails to provide the records within the statutory 10-business-day window without a viable justification, they are in violation of A.R.S. § 33-1258. In this case, a response provided nearly two months late was deemed a violation.

Alj Quote

The record also reflects that although Petitioner follow-up with Respondent on December 12, 2023, regarding her request, Respondent did not comply until February 13, 2024, nearly two (2) months late… Nothing in the record establishes a viable justification or excuse for Respondent’s inaction and/or lack of performance on Petitioner’s records request during the applicable time period.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • violations
  • delays
  • enforcement

Question

Can the HOA be penalized for failing to provide a document that doesn't exist?

Short Answer

No, an HOA cannot be held liable for failing to provide a record that simply does not exist.

Detailed Answer

If a homeowner requests a specific document (like a warranty) and the association does not possess such a document because it never existed, the association is not in violation for failing to provide it.

Alj Quote

Additionally, because the Association never had a “termite warranty,” Respondent was unable to provide Petitioner with something that did not exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • records request
  • defense
  • HOA obligations

Question

Does it matter if my wording in a records request is vague?

Short Answer

Yes, vague requests may lead to incomplete information, and the HOA might not be faulted for misinterpreting ambiguous terms.

Detailed Answer

Homeowners should be specific. In this case, requesting 'Policy Information' rather than the 'entire policy' was considered vague and ambiguous, which explained why the HOA only provided declarations and exclusion pages rather than the full policy.

Alj Quote

While Petitioner contends that she only received some of the documents she requested, the record further reflects that she never asked for the Association’s entire insurance policy, only “HOA Insurance Policy Information,” which was vague and ambiguous.

Legal Basis

Findings of Fact

Topic Tags

  • records request
  • best practices
  • homeowner responsibilities

Question

If I win my case against the HOA at a hearing, will I get my filing fee back?

Short Answer

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

Detailed Answer

If the petition is granted and a violation is found, the ALJ has the authority to order the Respondent (HOA) to reimburse the Petitioner's filing fee in certified funds.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioners’ filing fee (e.g. $500.00) in certified funds.

Legal Basis

Order

Topic Tags

  • remedies
  • fees
  • reimbursement

Question

Will the HOA automatically have to pay a civil penalty if they are found in violation?

Short Answer

Not necessarily. The judge may decide not to assess a civil penalty even if a violation is found.

Detailed Answer

Finding a violation does not automatically result in a fine. The ALJ has discretion regarding civil penalties. In this instance, despite finding a violation regarding records, the judge ordered compliance and fee reimbursement but explicitly chose not to assess a civil penalty.

Alj Quote

IT IS FURTHER ORDERED that a civil penalty shall not be assessed against Respondent in this matter.

Legal Basis

Order

Topic Tags

  • penalties
  • civil penalty
  • enforcement

Question

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

Short Answer

The Petitioner (homeowner) bears the burden of proof.

Detailed Answer

The homeowner filing the complaint must prove by a 'preponderance of the evidence' that the HOA violated the statute. This means they must show it is more probable than not that the violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1258.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119(B)(2)

Topic Tags

  • procedure
  • burden of proof
  • evidence

Question

Can I designate someone else to inspect the HOA records for me?

Short Answer

Yes, a member can designate a representative in writing.

Detailed Answer

The statute allows records to be examined by the member or any person designated by the member in writing as their representative.

Alj Quote

[A]ll financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • representation
  • records request
  • access

Case

Docket No
24F-H032-REL
Case Title
Laura R. Braglia v. Palo Verde Estates Homeowners Association, Inc.
Decision Date
2024-04-17
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Questions

Question

How long does my HOA have to respond to a formal records request?

Short Answer

The HOA has 10 business days to fulfill a request for examination or to provide copies.

Detailed Answer

Under Arizona law, an association is strictly required to fulfill a request for examination or provide copies of requested records within ten business days. Failure to meet this deadline without a viable justification constitutes a violation of the statute.

Alj Quote

The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can my HOA charge me a fee to simply review or inspect records?

Short Answer

No, the HOA cannot charge a fee for making material available for review.

Detailed Answer

The statute explicitly prohibits the association from charging a member for the act of making materials available for review. However, they may charge a specific fee for making actual copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • homeowner rights

Question

How much can the HOA charge if I ask for copies of records?

Short Answer

The HOA may charge a fee for copies, but it cannot exceed fifteen cents per page.

Detailed Answer

While review is free, if a homeowner requests physical copies of the records, the association is permitted by statute to charge a fee, capped at fifteen cents per page.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • copies

Question

What happens if my HOA responds to my records request weeks or months late?

Short Answer

Responding late without a valid excuse is a violation of the statute.

Detailed Answer

If the HOA fails to provide the records within the statutory 10-business-day window without a viable justification, they are in violation of A.R.S. § 33-1258. In this case, a response provided nearly two months late was deemed a violation.

Alj Quote

The record also reflects that although Petitioner follow-up with Respondent on December 12, 2023, regarding her request, Respondent did not comply until February 13, 2024, nearly two (2) months late… Nothing in the record establishes a viable justification or excuse for Respondent’s inaction and/or lack of performance on Petitioner’s records request during the applicable time period.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • violations
  • delays
  • enforcement

Question

Can the HOA be penalized for failing to provide a document that doesn't exist?

Short Answer

No, an HOA cannot be held liable for failing to provide a record that simply does not exist.

Detailed Answer

If a homeowner requests a specific document (like a warranty) and the association does not possess such a document because it never existed, the association is not in violation for failing to provide it.

Alj Quote

Additionally, because the Association never had a “termite warranty,” Respondent was unable to provide Petitioner with something that did not exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • records request
  • defense
  • HOA obligations

Question

Does it matter if my wording in a records request is vague?

Short Answer

Yes, vague requests may lead to incomplete information, and the HOA might not be faulted for misinterpreting ambiguous terms.

Detailed Answer

Homeowners should be specific. In this case, requesting 'Policy Information' rather than the 'entire policy' was considered vague and ambiguous, which explained why the HOA only provided declarations and exclusion pages rather than the full policy.

Alj Quote

While Petitioner contends that she only received some of the documents she requested, the record further reflects that she never asked for the Association’s entire insurance policy, only “HOA Insurance Policy Information,” which was vague and ambiguous.

Legal Basis

Findings of Fact

Topic Tags

  • records request
  • best practices
  • homeowner responsibilities

Question

If I win my case against the HOA at a hearing, will I get my filing fee back?

Short Answer

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

Detailed Answer

If the petition is granted and a violation is found, the ALJ has the authority to order the Respondent (HOA) to reimburse the Petitioner's filing fee in certified funds.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioners’ filing fee (e.g. $500.00) in certified funds.

Legal Basis

Order

Topic Tags

  • remedies
  • fees
  • reimbursement

Question

Will the HOA automatically have to pay a civil penalty if they are found in violation?

Short Answer

Not necessarily. The judge may decide not to assess a civil penalty even if a violation is found.

Detailed Answer

Finding a violation does not automatically result in a fine. The ALJ has discretion regarding civil penalties. In this instance, despite finding a violation regarding records, the judge ordered compliance and fee reimbursement but explicitly chose not to assess a civil penalty.

Alj Quote

IT IS FURTHER ORDERED that a civil penalty shall not be assessed against Respondent in this matter.

Legal Basis

Order

Topic Tags

  • penalties
  • civil penalty
  • enforcement

Question

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

Short Answer

The Petitioner (homeowner) bears the burden of proof.

Detailed Answer

The homeowner filing the complaint must prove by a 'preponderance of the evidence' that the HOA violated the statute. This means they must show it is more probable than not that the violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1258.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119(B)(2)

Topic Tags

  • procedure
  • burden of proof
  • evidence

Question

Can I designate someone else to inspect the HOA records for me?

Short Answer

Yes, a member can designate a representative in writing.

Detailed Answer

The statute allows records to be examined by the member or any person designated by the member in writing as their representative.

Alj Quote

[A]ll financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • representation
  • records request
  • access

Case

Docket No
24F-H032-REL
Case Title
Laura R. Braglia v. Palo Verde Estates Homeowners Association, Inc.
Decision Date
2024-04-17
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Laura R. Braglia (petitioner)
    Appeared on her own behalf; testified as witness.

Respondent Side

  • Jacqueline Zipprich (property manager)
    Desert Realty Association Management
    Appeared on behalf of Respondent; testified as witness; also served as Statutory Agent for Respondent.
  • Joe Wolf (HOA president)
    Palo Verde Estates Homeowners Association, Inc.
    HOA Board President.

Neutral Parties

  • Jenna Clark (ALJ)
    Office of Administrative Hearings
    Presiding Administrative Law Judge.
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate
    Recipient of the recommended order.
  • Vivian Nunes (ADRE staff)
    Arizona Department of Real Estate
    Recipient of the recommended order ([email protected]).
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • A. Kowaleski (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).

Daniel Mayer v. Scottsdale North Homeowners Association, Inc.

Posted on by

Case Summary

Case ID 23F-H020-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-02-17
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Daniel Mayer Counsel —
Respondent Scottsdale North Homeowners Association, Inc. Counsel —

Alleged Violations

A.R.S. § 33-1812

Outcome Summary

The Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1812 by improperly combining two separate expenditure proposals (roadway preservation and gate replacement) into a single vote on a ballot, failing to provide an opportunity to vote on each action separately. Respondent was ordered to refund the $500.00 filing fee and pay a $500.00 civil penalty.

Key Issues & Findings

Combining two separate proposed actions into a single vote action on a ballot.

The Respondent HOA combined two separate proposed expenditures ($30,000 total for roadway asset preservation and common area gate replacement) into one vote on a ballot sent to homeowners, violating statutory requirements that each proposed action must be voted upon separately.

Orders: Respondent must abide by A.R.S. § 33-1812; Respondent must refund the Petitioner's $500.00 filing fee; Respondent must pay a $500.00 civil penalty to the Department of Real Estate.

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

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1812
  • A.R.S. § 10-3708
  • A.R.S. § 33-1812(A)(1)

Analytics Highlights

Topics: HOA Ballot, Combined Vote, Reserve Funds Access, Statutory Violation
Additional Citations:

  • A.R.S. § 33-1812
  • A.R.S. § 10-3708
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02
  • A.R.S. § 41-1092.07
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-119

Video Overview

Audio Overview

https://open.spotify.com/episode/4jD4DBnKBI57WggSZKqOKg

Decision Documents

23F-H020-REL Decision – 1031122.pdf

Uploaded 2026-01-23T17:52:58 (100.0 KB)

23F-H020-REL Decision – 1038504.pdf

Uploaded 2026-01-23T17:53:01 (54.8 KB)

Questions

Question

Can my HOA combine multiple capital improvement projects into a single 'Yes' or 'No' vote?

Short Answer

No. The HOA must allow homeowners to vote for or against each proposed action separately.

Detailed Answer

Even if the projects are related or presented in the same letter, the ballot itself must provide an opportunity to vote on each specific expenditure or project individually. Combining them into one vote violates Arizona statutes.

Alj Quote

Thus, the tribunal finds the ballot improper because it did not contain the opportunity to vote on each separate proposal.

Legal Basis

A.R.S. § 33-1812(A)(1)-(2)

Topic Tags

  • voting
  • ballots
  • assessments

Question

If the HOA conducts a vote by mail or email rather than at a live meeting, do they still have to list voting items separately?

Short Answer

Yes. The requirement to list each proposed action separately applies to absentee ballots and written ballots used without a meeting.

Detailed Answer

The ALJ rejected the argument that voting requirements only apply to in-person meetings. Statutes governing both planned communities and nonprofit corporations require that written ballots set forth each proposed action.

Alj Quote

According to that statute, the ballots still must set for each action and provide an opportunity to vote for or against each action. … Therefore, this ballot runs afoul of A.R.S. § 33-1812.

Legal Basis

A.R.S. § 33-1812; A.R.S. § 10-3708

Topic Tags

  • absentee ballots
  • voting
  • mail-in voting

Question

Can the Administrative Law Judge force the HOA to undo a project (like a road repair) if the vote was illegal?

Short Answer

Generally, no. The ALJ lacks the statutory authority to order projects rescinded once completed.

Detailed Answer

While the ALJ can determine that a violation occurred and levy penalties, they cannot order the association to 'un-do' the physical work or rescind the project.

Alj Quote

The Administrative Law Judge does not have the authority under the A.R.S. § 32-2199.02 to order the projects rescinded…

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • powers of ALJ
  • construction

Question

What is the standard of proof for a homeowner suing their HOA in an administrative hearing?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their contention is 'more probably true than not.'

Alj Quote

Petitioner bears the burden of proof to establish that Respondent committed the alleged violations by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof
  • evidence

Question

Can the HOA claim that their specific bylaws or CC&Rs override state laws regarding ballot formats?

Short Answer

No. The relevant state statute explicitly overrides community documents regarding absentee ballot requirements.

Detailed Answer

The statute begins with 'Notwithstanding any provision in the community documents,' meaning the state law requirements for ballots take precedence over the HOA's internal rules.

Alj Quote

A.R.S. § 33-1812 provides… 'Notwithstanding any provision in the community documents… any action taken… shall comply with all of the following…'

Legal Basis

A.R.S. § 33-1812(A)

Topic Tags

  • governing documents
  • statutory interpretation
  • supremacy of law

Question

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

Short Answer

Yes. The ALJ can order the HOA to reimburse the homeowner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $500 filing fee directly to the Petitioner.

Alj Quote

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

Legal Basis

Order of the ALJ

Topic Tags

  • remedies
  • fees
  • penalties

Question

Does a majority vote of the homeowners cure a defective ballot?

Short Answer

No. Even if the vast majority of homeowners approved the spending, the ballot can still be ruled a violation.

Detailed Answer

The ALJ noted that although most homeowners approved the proposal, the violation still stood because allowing such ballots would leave 'virtually no remedy' for future procedural violations.

Alj Quote

In this case, although the vast majority of homeowners approved the proposals, the Administrative Law Judge is concerned that this type of ballot could be used in the future, leaving virtually no remedy.

Legal Basis

A.R.S. § 33-1812

Topic Tags

  • voting results
  • procedural violations
  • compliance

Case

Docket No
23F-H020-REL
Case Title
Daniel Mayer vs Scottsdale North Homeowners Association, Inc.
Decision Date
2023-02-17
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA combine multiple capital improvement projects into a single 'Yes' or 'No' vote?

Short Answer

No. The HOA must allow homeowners to vote for or against each proposed action separately.

Detailed Answer

Even if the projects are related or presented in the same letter, the ballot itself must provide an opportunity to vote on each specific expenditure or project individually. Combining them into one vote violates Arizona statutes.

Alj Quote

Thus, the tribunal finds the ballot improper because it did not contain the opportunity to vote on each separate proposal.

Legal Basis

A.R.S. § 33-1812(A)(1)-(2)

Topic Tags

  • voting
  • ballots
  • assessments

Question

If the HOA conducts a vote by mail or email rather than at a live meeting, do they still have to list voting items separately?

Short Answer

Yes. The requirement to list each proposed action separately applies to absentee ballots and written ballots used without a meeting.

Detailed Answer

The ALJ rejected the argument that voting requirements only apply to in-person meetings. Statutes governing both planned communities and nonprofit corporations require that written ballots set forth each proposed action.

Alj Quote

According to that statute, the ballots still must set for each action and provide an opportunity to vote for or against each action. … Therefore, this ballot runs afoul of A.R.S. § 33-1812.

Legal Basis

A.R.S. § 33-1812; A.R.S. § 10-3708

Topic Tags

  • absentee ballots
  • voting
  • mail-in voting

Question

Can the Administrative Law Judge force the HOA to undo a project (like a road repair) if the vote was illegal?

Short Answer

Generally, no. The ALJ lacks the statutory authority to order projects rescinded once completed.

Detailed Answer

While the ALJ can determine that a violation occurred and levy penalties, they cannot order the association to 'un-do' the physical work or rescind the project.

Alj Quote

The Administrative Law Judge does not have the authority under the A.R.S. § 32-2199.02 to order the projects rescinded…

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • powers of ALJ
  • construction

Question

What is the standard of proof for a homeowner suing their HOA in an administrative hearing?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their contention is 'more probably true than not.'

Alj Quote

Petitioner bears the burden of proof to establish that Respondent committed the alleged violations by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof
  • evidence

Question

Can the HOA claim that their specific bylaws or CC&Rs override state laws regarding ballot formats?

Short Answer

No. The relevant state statute explicitly overrides community documents regarding absentee ballot requirements.

Detailed Answer

The statute begins with 'Notwithstanding any provision in the community documents,' meaning the state law requirements for ballots take precedence over the HOA's internal rules.

Alj Quote

A.R.S. § 33-1812 provides… 'Notwithstanding any provision in the community documents… any action taken… shall comply with all of the following…'

Legal Basis

A.R.S. § 33-1812(A)

Topic Tags

  • governing documents
  • statutory interpretation
  • supremacy of law

Question

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

Short Answer

Yes. The ALJ can order the HOA to reimburse the homeowner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $500 filing fee directly to the Petitioner.

Alj Quote

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

Legal Basis

Order of the ALJ

Topic Tags

  • remedies
  • fees
  • penalties

Question

Does a majority vote of the homeowners cure a defective ballot?

Short Answer

No. Even if the vast majority of homeowners approved the spending, the ballot can still be ruled a violation.

Detailed Answer

The ALJ noted that although most homeowners approved the proposal, the violation still stood because allowing such ballots would leave 'virtually no remedy' for future procedural violations.

Alj Quote

In this case, although the vast majority of homeowners approved the proposals, the Administrative Law Judge is concerned that this type of ballot could be used in the future, leaving virtually no remedy.

Legal Basis

A.R.S. § 33-1812

Topic Tags

  • voting results
  • procedural violations
  • compliance

Case

Docket No
23F-H020-REL
Case Title
Daniel Mayer vs Scottsdale North Homeowners Association, Inc.
Decision Date
2023-02-17
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Daniel Mayer (petitioner)
    Appeared on his own behalf
  • Mr. D'Angelo (witness)
    Petitioner's husband

Respondent Side

  • Sandy Chambers (board president)
    Scottsdale North Homeowners Association, Inc.
    Appeared on behalf of Respondent; also referred to as 'Andrew Chambers' and 'Miss Chambers' in the transcript

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Miranda (OAH staff)
    OAH
    Front desk staff mentioned by ALJ
  • James Knupp (commissioner)
    ADRE
    Acting Commissioner listed on initial transmittal
  • Susan Nicolson (commissioner)
    ADRE
  • AHansen (ADRE staff)
    ADRE
    Transmittal recipient
  • vnunez (ADRE staff)
    ADRE
    Transmittal recipient
  • labril (ADRE staff)
    ADRE
    Transmittal recipient
  • djones (ADRE staff)
    ADRE
    Transmittal recipient

Other Participants

  • jzipprich (property manager)
    Desert Management
    Email contact for Respondent HOA

Asmaa Kadhum v. Goldcrest Patio Homes Condominium Association

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

Case Summary

Case ID 22F-H2222028-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-10-11
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Asmaa Kadhum Counsel —
Respondent Goldcrest Patio Homes Condominium Association Counsel —

Alleged Violations

A.R.S. § 33-1256

Outcome Summary

The Administrative Law Judge denied the petition, concluding that Petitioner failed to prove a violation of A.R.S. § 33-1256 because the specific issue raised—a complaint about a recorded lien—was moot, as the lien had been released, and no current enforcement action regarding the disputed legal fees was pending.

Why this result: The ALJ determined that absent a recorded lien or pending enforcement action, the Office of Administrative Hearings lacked jurisdiction to address the reasonableness or accuracy of the disputed legal fees under the specific statute cited (A.R.S. § 33-1256).

Key Issues & Findings

Requesting to Waive/or Adjust Unreasonable Collection Fees.

Petitioner sought to waive or adjust unreasonable collection fees and attorney fees ($2,351.40 or $3,500.00) charged by the HOA related to a lien placed on their unit, which was later released because it was allegedly based on incorrect amounts.

Orders: Petitioner's petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1256
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA lien, Collection fees, Attorney fees, Statutory violation, Jurisdiction, Rehearing
Additional Citations:

  • A.R.S. § 33-1256
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

22F-H2222028-REL-RHG Decision – 1005275.pdf

Uploaded 2026-01-23T17:43:10 (101.7 KB)

22F-H2222028-REL-RHG Decision – 1009064.pdf

Uploaded 2026-01-23T17:43:12 (37.4 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/1_aamg stmt.pdf

Uploaded 2026-01-23T17:43:16 (21.1 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/2_email from silvia regarding late fees.pdf

Uploaded 2026-01-23T17:43:19 (457.3 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/3_email regarding plumbing repair from laweyer.pdf

Uploaded 2026-01-23T17:43:23 (983.8 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/4_ledger dec 2021.pdf

Uploaded 2026-01-23T17:43:27 (96.5 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/5_letter from lawyer.pdf

Uploaded 2026-01-23T17:43:30 (138.0 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/7_petition response.pdf

Uploaded 2026-01-23T17:43:34 (25.0 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/975165.pdf

Uploaded 2026-01-23T17:43:37 (104.8 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_ElectronicNotice_Hearing.pdf

Uploaded 2026-01-23T17:43:41 (93.3 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_ElectronicNotice_Petition.pdf

Uploaded 2026-01-23T17:43:46 (122.6 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_HearingScheduled.pdf

Uploaded 2026-01-23T17:43:50 (129.6 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_MC_Pet.ResponseToRespondentsResponseToPetition.pdf

Uploaded 2026-01-23T17:43:54 (132.2 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_MC_Response&ADRERequest.pdf

Uploaded 2026-01-23T17:43:59 (133.2 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_Notice_Hearing.pdf

Uploaded 2026-01-23T17:44:03 (1101.1 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_Notice_Petition.pdf

Uploaded 2026-01-23T17:44:07 (3755.5 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_Payment.pdf

Uploaded 2026-01-23T17:44:11 (221.2 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_Pet.ResponseTo.pdf

Uploaded 2026-01-23T17:44:17 (5499.9 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_Petition.pdf

Uploaded 2026-01-23T17:44:21 (5828.4 KB)

22F-H2222028-REL-RHG Decision – ../22F-H2222028-REL/HO22-22028_Response_Petition.pdf

Uploaded 2026-01-23T17:44:25 (125.4 KB)





Briefing Doc – 22F-H2222028-REL-RHG


Briefing Document: Dispute Between Asmaa Kadhum and Goldcrest Patio Homes Condominium Association

Executive Summary

This document synthesizes the key facts and legal proceedings concerning a dispute between homeowner Asmaa Kadhum (Petitioner) and the Goldcrest Patio Homes Condominium Association (Respondent). The central conflict is the Petitioner’s refusal to pay approximately $3,500 in legal fees that the Respondent incurred during collection efforts for past-due assessments.

The dispute escalated when the Respondent, on June 15, 2020, filed a lien for $2,199.00 against the Petitioner’s property. The Petitioner contested the lien’s validity, citing numerous accounting errors. Subsequently, the Respondent’s own legal counsel advised releasing the lien on November 13, 2020, acknowledging it contained “invalid late fee charges” and was released to protect the association from a “potential false lien claim.”

Despite the release of the lien, the Respondent continued to demand payment for the legal fees. The Petitioner filed a petition with the Arizona Department of Real Estate (ADRE) on January 12, 2022, alleging a violation of A.R.S. § 33-1256 and arguing the collection fees were unreasonable.

Following a hearing and a rehearing, the Administrative Law Judge (ALJ) ultimately ruled in favor of the Respondent. The decision was based on a critical jurisdictional issue: because there was no active lien on the property at the time the petition was filed or heard, there was no existing violation of the cited statute for the Office of Administrative Hearings (OAH) to adjudicate. The ALJ concluded that the OAH lacks the authority to issue a declaratory judgment on the reasonableness of the fees in the absence of a pending enforcement action by the association. The underlying liability for the legal fees remains an unresolved issue between the parties.

Parties Involved

Name/Entity

Key Representative(s)

Petitioner

Asmaa Kadhum

Asmaa Kadhum, Mazin Ahmed Al-Salih

Respondent

Goldcrest Patio Homes Condominium Association

Jerry Latschar (Vice President), Cammy Bowring

Chronology of Key Events

Prior to May 1, 2019

Petitioner accrued unpaid assessments and fees totaling $1,375.00 under previous management (AAMG).

April 21, 2020

Respondent sent a notice to Petitioner demanding payment of $1,435.00 in past-due assessments and fees within 30 days.

April 30, 2020

Petitioner responded via email, stating it was “not a good timing for collections” due to the pandemic and requested late fees be removed.

June 15, 2020

Respondent recorded a Notice of Lien on Petitioner’s unit for an amount of $2,199.00.

August 7, 2020

Respondent’s attorney sent a notice stating the total amount due, including legal fees, was now $2,504.00.

September 10, 2020

Petitioner notified Respondent that the lien amount was incorrect and constituted an “improper lien.”

November 13, 2020

Respondent recorded a Release of Lien against the Petitioner’s unit.

December 10, 2020

Respondent’s attorney explained in a letter that the lien was released because it “included late fee charges that were found to be invalid.”

Post-Release

Respondent maintained that Petitioner still owed approximately $3,500.00 in legal fees from the collection process.

December 2021

An account ledger showed a balance of $2,685.40.

January 12, 2022

Petitioner filed a petition with the ADRE (Case No. HO22-22/028) alleging a violation of A.R.S. § 33-1256.

April 4, 2022

An administrative hearing was held before ALJ Tammy L. Eigenheer.

October 11, 2022

Following a rehearing, the ALJ issued a final decision, finding no violation of the cited statute and dismissing the petition.

October 27, 2022

Petitioner filed a miscellaneous motion, which the OAH did not consider, stating it could take no further action on the matter.

Analysis of the Core Dispute

The Disputed Legal Fees

The primary point of contention is the legal fees assessed to the Petitioner’s account for the collection of past-due assessments.

• Respondent’s Claim: The Respondent asserts that legal fees of approximately $3,500.00 are owed. However, during testimony, Respondent’s representative, Mr. Latschar, was “uncertain where the $3,500.00 total originated.”

• Conflicting Evidence: The amount claimed is inconsistent with other documents. Invoices from counsel submitted after the initial hearing showed total charges of only 661.50∗∗attributabletothePetitioner′smatterbetweenAugustandNovember2020.AledgerfromDecember2021showedatotaloutstandingbalanceof∗∗2,685.40, which included legal fees.

The Improper Lien

A foundational element of the Petitioner’s argument is the improper nature of the lien filed by the Respondent.

• Filing and Release: A lien for $2,199.00 was recorded on June 15, 2020, and officially released on November 13, 2020.

• Reason for Release: The Respondent’s attorney stated the release was necessary to “protect [Respondent] and our firm from a potential false lien claim” because the original notice “included late fee charges that were found to be invalid.” The Respondent’s response to the petition also states, “the lawyer was forced to release the lien” because of “errors” related to posting late fees.

• Varying Amounts: The Petitioner highlighted the inconsistent amounts demanded throughout the process:

◦ $1,435.00 in the April 2020 notice.

◦ $2,199.00 in the June 2020 lien filing.

◦ $2,504.00 in the August 2020 attorney notice.

Petitioner’s Position and Arguments

The Petitioner contends they should not be held responsible for legal fees stemming from the Respondent’s flawed collection process.

• Fees are Unreasonable: The core argument is that charging legal fees for an “invalid” lien based on “false statements and invoices” is unreasonable and unacceptable.

• Lack of Cooperation: The Petitioner claims to have made multiple attempts to discuss the matter and arrange payments, sending meeting requests in December 2021 that were allegedly ignored or cancelled.

• Principle of Fairness: The Petitioner argued, “if someone files a claim then realized that his filing process was based on wrong documents, and then dropped the claim himself, should the other party be responsible for the legal fees for that.”

Respondent’s Position and Arguments

The Respondent maintains that the legal fees are a legitimate debt resulting from the Petitioner’s failure to pay assessments.

• Legal Action was Necessary: The Respondent initiated legal action because the Petitioner had not paid assessments for “nearly a year” and had stated they would not make back payments until late fees were waived.

• Lien Release vs. Debt: The Respondent argues that the release of the lien “doesn’t release the balance owing, just the lien at the county.” The legal fees incurred to collect the past assessments remain due.

• Petitioner Contributed to Costs: The Respondent claims the Petitioner “proceeded to force the attorney to review the ledger, which caused further legal fees to be charged.”

Administrative Hearing and Legal Rulings

Case Details and Petition

• OAH Docket: 22F-H2222028-REL

• ADRE Case: HO22-22/028

• Alleged Violation: A.R.S. § 33-1256, which governs the placement of liens for assessments and requires that they be for “reasonable collection fees and for reasonable attorney fee.”

• Relief Sought: An order to “Waive / or Adjust Unreasonable Collection Fees.”

Administrative Law Judge’s Findings and Conclusions

Across both the initial hearing and the rehearing, the ALJ’s decision was consistent and based on a narrow interpretation of the OAH’s jurisdiction under the cited statute.

• Primary Finding: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1256.

• Jurisdictional Limitation: The ALJ repeatedly emphasized that her authority was limited to evaluating existing liens. Since the lien was released in November 2020, well before the petition was filed in January 2022, there was no active lien to assess for reasonableness.

• Corrective Action: The ALJ stated that by releasing the improper lien, the Respondent had “fixed” the past error, removing it from the OAH’s purview.

• No Declaratory Judgment: The decision clarified that the OAH has “no jurisdiction to issue declaratory judgments.” It could not rule on whether the legal fees themselves were reasonable as a standalone issue, only whether an active lien containing those fees was compliant with statute.

• No Enforcement Action: The decision noted that at the time of the hearing, the Respondent was not pursuing any enforcement action (such as filing a new lien or foreclosure) to collect the disputed fees. The fees existed only as “a number on a ledger.”

Salient Quotes

• Petitioner: “Why why we have to pay for for them mistakes? That’s totally issue.”

• Petitioner: “$3,377 legal fee for placing lean is not reasonable or acceptable.”

• Respondent: “they caused us to obtain legal counsel by not paying their bills for almost a year… It doesn’t release the balance owing, just the lien at the county.”

• Respondent’s Attorney (via letter): “…because the original Notice of Lien ‘included late fee charges that were found to be invalid . . . a Release of Lien was recorded in order to protect [Respondent] and our firm from a potential false lien claim.'”

• Administrative Law Judge: “There is no lean on your property. I can’t say the lean is wrong because there is no lean at this point.”

• Administrative Law Judge: “I can’t I can’t say that what they did in the past was wrong because they have fixed it by releasing the lean.”

• Administrative Law Judge (Decision): “the exact amount of legal fees attributable to Petitioner is not relevant in this matter as there were no pending enforcement actions. This is not to say Petitioner may not be entitled to raise this question in a separate venue.”






Study Guide – 22F-H2222028-REL-RHG


Study Guide: Case No. 22F-H2222028-REL

Short-Answer Quiz

Instructions: Based on the provided source materials, answer the following questions in 2-3 complete sentences.

1. Identify the Petitioner and the Respondent in this case and describe the nature of their dispute.

2. What specific Arizona Revised Statute did the Petitioner allege the Respondent violated, and what was the core of this allegation?

3. On what date did the Respondent file a Notice of Lien against the Petitioner’s property, what was the amount, and why was this lien later released?

4. According to the Administrative Law Judge (ALJ), why did the Office of Administrative Hearings lack the jurisdiction to rule on the reasonableness of the legal fees sought by the Respondent?

5. How did the Petitioner respond to the Respondent’s April 21, 2020 notice of past-due assessments?

6. What action did the Respondent’s law firm state it was prohibited from taking until May 21, 2020, and what was the legal basis for this restriction?

7. After the initial hearing, what was the total amount of legal fees supported by the four invoices submitted by Mr. Latschar for the period between August 1 and November 30, 2020?

8. The Petitioner sought to sell their property and requested a statement from the Respondent showing a zero balance. What was the central point of contention preventing this?

9. In December 2021, the Petitioner attempted to schedule a meeting with the board to dispute a fee. What was the outcome of these requests?

10. What was the final outcome of the case as stated in the Administrative Law Judge’s decision on October 11, 2022?

——————————————————————————–

Answer Key

1. The Petitioner is Asmaa Kadhum, a condominium owner. The Respondent is the Goldcrest Patio Homes Condominium Association. Their dispute centers on the reasonableness of approximately $3,500 in legal fees the Association charged to Kadhum for collection efforts related to past-due assessments, particularly after the Association filed and then released an invalid lien on the property.

2. The Petitioner alleged a violation of A.R.S. Title 33, Chapter 16, Section 33-1256. The core of the allegation was that the Association was charging unreasonable collection and attorney fees, which is a standard addressed by this statute when an HOA places a lien against a unit.

3. The Respondent filed a Notice of Lien for $2,199.00 on June 15, 2020. The lien was later released on November 13, 2020, because, as the Respondent’s attorney noted, the original Notice of Lien “included late fee charges that were found to be invalid,” and the release was recorded to protect the Association and the law firm from a potential false lien claim.

4. The ALJ stated that the court could not rule on the reasonableness of the fees because there was no longer a recorded lien against the property. The petition was filed under A.R.S. § 33-1256, which governs liens, and since the lien had been released, there was no active violation or enforcement action for the court to evaluate or remedy. The OAH has no jurisdiction to issue declaratory judgments on such matters in the absence of an active enforcement action.

5. In an email dated April 30, 2020, the Petitioner responded to the notice by stating it was “not a good timing for collections” due to the pandemic. The Petitioner disputed the total amount, claiming late fees should be removed, and stated they were planning to pay the whole amount “after this pandemic goes away.”

6. In a May 5, 2020 email, the law firm, Mulcahy Law Firm, P.C., stated that pursuant to state law, it could not proceed with collection efforts until 30 days had passed from the April 21 notice. This meant the file could not be turned over to their office for collection until after May 21, 2020, giving the owner time to pay or arrange a payment agreement.

7. According to the ALJ’s decision from the initial hearing, the four invoices submitted by Mr. Latschar after the hearing showed total charges of $661.50 attributable to the Petitioner’s matter between August 1, 2020, and November 30, 2020.

8. The Petitioner wanted a zero-balance statement to sell the property, arguing all assessments had been paid. The Respondent refused to provide this, contending that while the assessments were paid, there was still an outstanding balance for legal fees incurred during the collection process, which the Petitioner disputed as unreasonable and resulting from the Respondent’s own mistakes.

9. The Petitioner sent multiple meeting requests in December 2021 to dispute a fee of $3,377. The Respondent ultimately canceled the meeting with the homeowner and held one with only the board members, citing COVID-19 and the use of Zoom, even though previous meetings had been held via Zoom.

10. In the final decision dated October 11, 2022, the ALJ concluded that the Petitioner failed to establish by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1256. This was because there was no recorded lien against the property at the time of the petition or hearings, and thus no active enforcement action for the OAH to adjudicate.

——————————————————————————–

Suggested Essay Questions

1. Trace the complete timeline of the dispute, starting from the initial delinquency prior to May 2019 through the final OAH decision in October 2022. Detail the key financial figures, legal actions, and communications from both parties at each significant stage.

2. Analyze the central legal arguments presented by both the Petitioner and the Respondent. Discuss the merits of the Petitioner’s claim regarding A.R.S. § 33-1256 and explain in detail the jurisdictional reasoning used by the Administrative Law Judge to dismiss the petition.

3. Examine the various financial discrepancies present throughout the source documents, including the differing amounts cited in notices, the lien filing, attorney letters, and account ledgers. How did these inconsistencies contribute to the escalation of the conflict and the accumulation of legal fees?

4. Discuss the role of the Respondent’s law firm, Mulcahy Law Firm, P.C., in this dispute. Based on the provided emails and legal documents, evaluate their advice to the Association and their actions regarding the lien and collection process.

5. Critically evaluate the communication and resolution attempts between the Petitioner and the Respondent’s board outside of the formal legal proceedings. What do the emails and hearing testimony reveal about their efforts to resolve the dispute directly?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings for government agencies, such as the Office of Administrative Hearings. In this case, Tammy L. Eigenheer served as the ALJ.

A.R.S. § 33-1256

The specific Arizona Revised Statute cited by the Petitioner. This statute pertains to liens for assessments in condominiums, including provisions for reasonable collection and attorney fees associated with such liens.

Assessment

A mandatory fee paid by condominium owners to the homeowners’ association (HOA) for the maintenance of common elements and other association expenses.

Declaratory Judgment

A binding judgment from a court defining the legal relationship between parties and their rights in a matter before any harm has occurred. The OAH stated it had no jurisdiction to issue such a judgment on the legal fees.

Department of Real Estate (ADRE)

The Arizona state agency responsible for licensing and regulating the real estate industry. Its functions include the Homeowners Association Dispute Resolution process.

A legal claim or hold on a property as security for a debt. In this case, the Condominium Association placed a lien on the Petitioner’s unit for unpaid assessments and fees.

Office of Administrative Hearings (OAH)

An independent Arizona state agency authorized to conduct hearings in contested matters for other state agencies, ensuring a fair and impartial process.

Petitioner

The party who files a petition initiating a legal case or administrative hearing. In this matter, the petitioner is the homeowner, Asmaa Kadhum.

Preponderance of the evidence

The standard of proof in most civil and administrative cases. It requires the party with the burden of proof (the Petitioner in this case) to show that their claim is more likely true than not.

Rehearing

A second hearing of a case to re-examine the issues and evidence. In this matter, a rehearing was granted after the initial April 4, 2022 hearing.

Release of Lien

A legal document that removes a previously recorded lien on a property. The Respondent recorded a Release of Lien on November 13, 2020, after acknowledging the original lien amount was incorrect.

Respondent

The party against whom a petition is filed. In this matter, the respondent is the Goldcrest Patio Homes Condominium Association.






Blog Post – 22F-H2222028-REL-RHG


5 Shocking Lessons from a Homeowner’s Two-Year War with Her HOA

Introduction: The Notice on the Door

It’s a moment many homeowners dread: finding an official notice from the Homeowner’s Association (HOA) taped to the front door. For most, it’s a minor issue—a reminder about lawn care or trash cans. But for homeowner Asmaa Kadhum, a notice in April 2020 regarding approximately $1,400 in past-due assessments was the first step in a spiraling, multi-year legal war with her Goldcrest Patio Homes Condominium Association.

What began as a manageable debt quickly escalated into a complex battle involving property liens, lawyers, and a dispute over thousands of dollars in legal fees. The case of Kadhum versus her HOA serves as a powerful cautionary tale, revealing several surprising and counter-intuitive truths about the high-stakes world of HOA disputes.

——————————————————————————–

1. You Can Win the Battle Over a Lien, But Still Owe the Fees

One of the central ironies of this case is how a clear victory on one front failed to end the war. After the homeowner fell behind on assessments, the HOA’s collection efforts caused the initial $1,435 dispute to snowball. On June 15, 2020, the HOA placed a lien on her property for $2,199. The homeowner disputed the lien’s accuracy, arguing that it contained errors.

Ultimately, she was proven correct. The HOA was forced to record a Release of Lien on November 13, 2020. This should have been the end of it, but here’s the twist: even with the lien gone, the HOA maintained that the homeowner was still responsible for approximately $3,500 in legal fees that had been incurred during the process of trying to collect the original debt. This reveals a crucial distinction in HOA law: getting an improper lien removed from your property title doesn’t automatically erase the associated collection costs from the HOA’s ledger. The manageable debt had now become a much larger problem.

——————————————————————————–

2. A Legal Technicality Can Get a Valid Complaint Dismissed

The homeowner, now facing a bill for thousands in legal fees related to a lien the HOA admitted was flawed, took her case to the Arizona Department of Real Estate. This move, however, highlights a critical strategic error. She filed her petition on January 12, 2022, alleging a violation of statute A.R.S. § 33-1256, which governs HOA liens and the reasonableness of the fees associated with them.

This led to a procedural “Catch-22” that doomed her case. The problem was timing. The HOA had released the improper lien on November 13, 2020—a full 14 months before the homeowner filed her petition. The case hinged on a procedural nuance that many homeowners might overlook: the statute she cited applies exclusively to active liens. Since the target of her complaint no longer existed by the time of the April 2022 hearing, the judge had no jurisdiction.

The Administrative Law Judge explained this jurisdictional trap in plain English:

and if there was a lien on your property right now, I could look at it and say whether or not the collection fees were appropriate, were reasonable. There isn’t one, so there’s nothing for me to evaluate.

The homeowner’s complaint about the fees might have had merit, but because she legally tied it to a violation that was no longer active, the court’s hands were tied. A different legal approach, perhaps focused on disputing the fees in another venue, may have been necessary.

——————————————————————————–

3. Correcting an Error Doesn’t Erase the Cost of Making It

The homeowner’s core argument was simple and relatable: why should she be forced to pay for the HOA’s mistakes? This question became even more pointed when documents revealed the HOA’s own attorney admitting the error. The attorney explained that the lien was released because it “included late fee charges that were found to be invalid” and the release was done to protect the association from a “potential false lien claim.”

During the hearing, the homeowner put the fundamental question to the judge: “Why… do we have to pay for their mistakes?”

Despite the HOA’s admission of error, the legal fees incurred during the entire collections process—including the work related to filing and defending the faulty lien—remained on her account. The situation reached a shocking climax during the hearing. When the judge reviewed the case, he noted that the HOA’s own representative, Mr. Latschar, “was uncertain where the $3,500.00 total originated.” The homeowner was being held liable for a debt that even her creditor couldn’t fully explain.

——————————————————————————–

4. A Disputed Debt Can Haunt a Property Sale

Even after the lien was officially released, the homeowner found herself in a financial vise. As she explained in the hearing, she wanted to sell her property and needed a formal statement from the HOA showing a zero balance to provide to potential buyers and title companies.

However, because the HOA’s books still showed she owed thousands in disputed legal fees, they would not provide this statement. This situation highlights the immense leverage an HOA maintains during a property conveyance. The dispute created a “phantom debt”—not an active lien recorded with the county, but a disputed balance on a ledger that can effectively halt a sale. The judge acknowledged this limbo, describing the amount as “just a number on a ledger.”

Yet, that number is a powerful barrier. Title insurance companies, which are essential for nearly all property sales, will not issue a clear policy if there is a known, unresolved financial dispute with an HOA. This gives the association the power to delay or prevent a sale, even without an active lien on the property.

——————————————————————————–

5. Small Communication Failures Lead to Big Legal Bills

This entire conflict escalated because of a pattern of communication failures that eroded trust long before lawyers were involved. Records show the friction began as early as November 2019, with the homeowner claiming disputes over incorrect receipts and the HOA’s alleged failure to waive late fees as promised.

The situation came to a head in April 2020. When the homeowner received the collection notice, she responded via email, stating it was “not a good timing for collections” due to the pandemic and that she planned to pay the full amount “after this pandemic goes away.” Instead of working toward a formal payment agreement, the HOA proceeded with legal action. The homeowner later claimed she tried to schedule meetings with the board to resolve the matter directly but “was never responded to.”

These failures in communication and negotiation were the direct catalyst for involving lawyers. That decision is what caused the debt to balloon from the original $1,435 to a prolonged, stressful, and expensive dispute over thousands in legal fees.

——————————————————————————–

Conclusion: A Pyrrhic Victory?

The ordeal of Asmaa Kadhum offers critical lessons for any homeowner in an HOA. It demonstrates that in these disputes, legal technicalities matter immensely, clear communication is non-negotiable, and winning a single battle doesn’t mean you’ve won the war. Even when a homeowner is “right” on a key point—like forcing the removal of an improper lien—they can still face significant and lasting financial consequences.

This case leaves every homeowner with a final, thought-provoking question to ponder: When facing a dispute with an HOA, how do you know when to fight for what’s right versus when to avoid a battle that might cost you more than you stand to gain?


Case Participants

Petitioner Side

  • Asmaa Kadhum (petitioner)
    Homeowner of Unit 101 who filed the initial petition.
  • Mazin Ahmed (petitioner)
    Co-owner/husband of Petitioner; primary contact for correspondence and identified as part of 'Petitioner' in the decision.

Respondent Side

  • Jerry Latschar (board member)
    Goldcrest Patio Homes Condominium Association
    Vice President of the Board of Directors and Statutory Agent; appeared on behalf of the Association.
  • Robert Kellerman (board member)
    Goldcrest Patio Homes Condominium Association
    President of the Board of Directors.
  • Silvia Petzold (board member)
    Goldcrest Patio Homes Condominium Association
    Former Treasurer who initiated debt collection contact with Petitioner.
  • Solomon Padilla (board member)
    Goldcrest Patio Homes Condominium Association
    Board member included in internal association correspondence.
  • Cammy Bowring (property manager)
    The Bowring Team
    Bookkeeper and point of contact for the Association's financial matters.
  • Lauren Vie (HOA attorney)
    Mulcahy Law Firm, P.C.
    Legal counsel for the Association.
  • Beth Mulcahy (HOA attorney)
    Mulcahy Law Firm, P.C.
    Lead attorney for the Association's legal representation.
  • Morgan Ronimus (HOA attorney)
    Mulcahy Law Firm, P.C.
    Paralegal acting as a legal representative in correspondence with Petitioner.
  • Pam Latschar (respondent)
    Recipient of correspondence regarding Unit 101.

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Presiding Administrative Law Judge; also referenced phonetically as Tammy Agon and Tammy Aganeer in transcripts.
  • Louis Dettorre (hearing officer)
    Arizona Department of Real Estate
    Commissioner who granted the request for rehearing.
  • Dan Gardner (staff)
    Arizona Department of Real Estate
    HOA Coordinator.
  • Miranda Alvarez (staff)
    Office of Administrative Hearings
    Legal Secretary who transmitted the ALJ decision.
  • c. serrano (staff)
    Office of Administrative Hearings
    Clerk who transmitted the minute entry.

Other Participants

  • David Villasenor (unknown)
    Goldcrest Patio Homes Condominium Association
    Owner of Unit 107; CC'd on association communications.

Katherine Belinsky v. Del Cerro Condos

Posted on by

Case Summary

Case ID 22F-H2222046-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-07-14
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Katherine Belinsky Counsel —
Respondent Del Cerro Condos Counsel —

Alleged Violations

A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge denied the petition, concluding that Petitioner failed to meet her burden of proving by a preponderance of the evidence that the HOA violated A.R.S. § 33-1805(A), finding that the HOA and its property managers had made records reasonably available for examination.

Why this result: Petitioner failed to meet the burden of proof required by A.A.C. R2-19-119. The evidence showed Respondent responded timely to requests, provided some documents, and offered Petitioner appointments to review other sensitive or older records in the office, which she failed to schedule.

Key Issues & Findings

Failure to provide books, records and accounts

Petitioner alleged Respondent failed to provide required HOA records, including bank statements, invoices, and contracts, following requests made primarily in March 2022, thereby violating statute A.R.S. § 33-1805(A).

Orders: Petitioner's petition denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1805
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA Records Access, Statutory Violation, Burden of Proof, Special Assessment Dispute
Additional Citations:

  • A.R.S. § 33-1805
  • A.A.C. R2-19-119
  • State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
  • Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)

Video Overview

Audio Overview

Decision Documents

22F-H2222046-REL Decision – 971256.pdf

Uploaded 2026-01-23T17:47:58 (46.4 KB)

22F-H2222046-REL Decision – 983785.pdf

Uploaded 2026-01-23T17:48:03 (114.6 KB)

Questions

Question

Who is responsible for proving that the HOA violated the law during a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, it is up to the homeowner filing the complaint to prove that the Association violated the statute. The HOA does not initially have to prove its innocence; the homeowner must present evidence that carries more weight.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1805.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal procedure

Question

What level of evidence is required to win a dispute against an HOA?

Short Answer

A preponderance of the evidence.

Detailed Answer

The homeowner must provide evidence that is more convincing than the evidence offered by the HOA. It must show that the alleged violation is 'more probable than not' to have occurred.

Alj Quote

A preponderance of the evidence is '[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.'

Legal Basis

Black's Law Dictionary (cited in decision)

Topic Tags

  • evidence
  • legal standard

Question

Does a homeowner have the right to browse through every single document the HOA possesses?

Short Answer

No, the right to inspect records is not absolute or 'at will'.

Detailed Answer

While statutes require records to be reasonably available, this does not grant homeowners the right to peruse every document at will. The ALJ noted that certain documents may properly be withheld.

Alj Quote

Nothing in the statute however, grants a condominium unit owner the right to peruse all of the association’s documents at will as some documents may properly be withheld.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • privacy
  • limitations

Question

If I request records, does the HOA have to mail them to me, or can they require me to view them in person?

Short Answer

The HOA complies by making records available for examination, often by appointment.

Detailed Answer

The HOA meets its statutory obligation if it makes records reasonably available for examination. In this case, offering an appointment for the homeowner to visit the office and review the documents was considered sufficient compliance, even if the homeowner refused to attend.

Alj Quote

Further, the preponderance of the evidence demonstrates that Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • compliance
  • in-person review

Question

How quickly must the HOA respond to a request to examine records?

Short Answer

Within ten business days.

Detailed Answer

Under Arizona law, an association has ten business days to fulfill a request for examination of records or to provide copies if purchased.

Alj Quote

The association shall have ten business days to fulfill a request for examination.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • deadlines
  • statutory requirements

Question

Can the HOA charge me a fee for looking at the records?

Short Answer

No fee is allowed for the review process itself.

Detailed Answer

The association is prohibited from charging a member for making material available for review. However, they may charge a fee specifically for making copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • records access

Question

What is the maximum amount an HOA can charge for copies of records?

Short Answer

Fifteen cents per page.

Detailed Answer

If a homeowner requests to purchase copies of the records, the association is limited by statute to charging no more than fifteen cents per page.

Alj Quote

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

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • copies

Question

Can I dispute an HOA violation if I simply refuse to cooperate with their attempts to provide records?

Short Answer

Likely not; failure to utilize offered opportunities undermines the claim.

Detailed Answer

If the HOA offers opportunities to review records (such as setting an appointment) and the homeowner fails to do so, the homeowner may fail to prove that they were denied access.

Alj Quote

Petitioner failed to establish that she was denied access to the financial records. … Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

Determined by ALJ Findings

Topic Tags

  • dispute resolution
  • homeowner responsibility

Case

Docket No
22F-H2222046-REL
Case Title
Katherine Belinsky vs Del Cerro Condos
Decision Date
2022-07-14
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving that the HOA violated the law during a hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, it is up to the homeowner filing the complaint to prove that the Association violated the statute. The HOA does not initially have to prove its innocence; the homeowner must present evidence that carries more weight.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated A.R.S. § 33-1805.

Legal Basis

A.A.C. R2-19-119

Topic Tags

  • burden of proof
  • legal procedure

Question

What level of evidence is required to win a dispute against an HOA?

Short Answer

A preponderance of the evidence.

Detailed Answer

The homeowner must provide evidence that is more convincing than the evidence offered by the HOA. It must show that the alleged violation is 'more probable than not' to have occurred.

Alj Quote

A preponderance of the evidence is '[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.'

Legal Basis

Black's Law Dictionary (cited in decision)

Topic Tags

  • evidence
  • legal standard

Question

Does a homeowner have the right to browse through every single document the HOA possesses?

Short Answer

No, the right to inspect records is not absolute or 'at will'.

Detailed Answer

While statutes require records to be reasonably available, this does not grant homeowners the right to peruse every document at will. The ALJ noted that certain documents may properly be withheld.

Alj Quote

Nothing in the statute however, grants a condominium unit owner the right to peruse all of the association’s documents at will as some documents may properly be withheld.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • privacy
  • limitations

Question

If I request records, does the HOA have to mail them to me, or can they require me to view them in person?

Short Answer

The HOA complies by making records available for examination, often by appointment.

Detailed Answer

The HOA meets its statutory obligation if it makes records reasonably available for examination. In this case, offering an appointment for the homeowner to visit the office and review the documents was considered sufficient compliance, even if the homeowner refused to attend.

Alj Quote

Further, the preponderance of the evidence demonstrates that Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • compliance
  • in-person review

Question

How quickly must the HOA respond to a request to examine records?

Short Answer

Within ten business days.

Detailed Answer

Under Arizona law, an association has ten business days to fulfill a request for examination of records or to provide copies if purchased.

Alj Quote

The association shall have ten business days to fulfill a request for examination.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • deadlines
  • statutory requirements

Question

Can the HOA charge me a fee for looking at the records?

Short Answer

No fee is allowed for the review process itself.

Detailed Answer

The association is prohibited from charging a member for making material available for review. However, they may charge a fee specifically for making copies.

Alj Quote

The association shall not charge a member or any person designated by the member in writing for making material available for review.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • records access

Question

What is the maximum amount an HOA can charge for copies of records?

Short Answer

Fifteen cents per page.

Detailed Answer

If a homeowner requests to purchase copies of the records, the association is limited by statute to charging no more than fifteen cents per page.

Alj Quote

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

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • fees
  • copies

Question

Can I dispute an HOA violation if I simply refuse to cooperate with their attempts to provide records?

Short Answer

Likely not; failure to utilize offered opportunities undermines the claim.

Detailed Answer

If the HOA offers opportunities to review records (such as setting an appointment) and the homeowner fails to do so, the homeowner may fail to prove that they were denied access.

Alj Quote

Petitioner failed to establish that she was denied access to the financial records. … Petitioner was always granted an opportunity to make an appointment to review the other records and she failed to do so.

Legal Basis

Determined by ALJ Findings

Topic Tags

  • dispute resolution
  • homeowner responsibility

Case

Docket No
22F-H2222046-REL
Case Title
Katherine Belinsky vs Del Cerro Condos
Decision Date
2022-07-14
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Katherine Belinsky (petitioner)
    Also referred to as Catherine Valinski, Bolinsky, or Katya/Katcha; unit owner.

Respondent Side

  • Alessandra Wisniewski (VP)
    Del Cerro Condos Board
    Also referred to as Alexandra; testified on behalf of Respondent.
  • Amanda Butcher (President)
    Del Cerro Condos Board
    Testified on behalf of Respondent.
  • Eddie B (property manager)
    PMI Lake Havasu
    President of PMI Lake Havasu; also referred to as Eddie Being.
  • Lisa Modler (property manager assistant)
    PMI Lake Havasu
    Also referred to as Lisa Miam; secretary assistance for PMI.
  • Brady Bowen (property manager)
    PMI Lake Havasu
    Business partner of Eddie B.
  • Fiser (maintenance supervisor)
    PMI Lake Havasu
    No first name provided.
  • Kathy Ein (property manager)
    Community Financials
    Manager for new management company.
  • Moses (board member)
    Del Cerro Condos Board
    Former Treasurer/Secretary on the board.

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    ADRE
  • Miranda Alvarez (legal secretary)
    OAH
    Transmitted Decision electronically.
  • AHansen (ADRE staff)
    ADRE
    Recipient of official documents.
  • vnunez (ADRE staff)
    ADRE
    Recipient of official documents.
  • djones (ADRE staff)
    ADRE
    Recipient of official documents.
  • labril (ADRE staff)
    ADRE
    Recipient of official documents.

Other Participants

  • Eric Needles (former property manager)
    London Dairy
    Former property management/statutory agent.
  • Elizabeth (statutory agent)
    Former statutory agent; last name not provided.
  • Betty Sergeant (former property manager)
    Petitioner took her to court.
  • Todd Sullivan (association manager)
    Viking New Association
    New association manager effective June 1st.
  • c. serrano (unknown)
    Transmittal initial on Del Cerro Condo contact document.

Asmaa Kadhum v. Goldcrest Patio Homes Condominium Association

Posted on by

Case Summary

Case ID 22F-H2222028-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-10-11
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Asmaa Kadhum Counsel —
Respondent Goldcrest Patio Homes Condominium Association Counsel —

Alleged Violations

A.R.S. § 33-1256

Outcome Summary

The Administrative Law Judge denied the petition, concluding that Petitioner failed to prove a violation of A.R.S. § 33-1256 because the specific issue raised—a complaint about a recorded lien—was moot, as the lien had been released, and no current enforcement action regarding the disputed legal fees was pending.

Why this result: The ALJ determined that absent a recorded lien or pending enforcement action, the Office of Administrative Hearings lacked jurisdiction to address the reasonableness or accuracy of the disputed legal fees under the specific statute cited (A.R.S. § 33-1256).

Key Issues & Findings

Requesting to Waive/or Adjust Unreasonable Collection Fees.

Petitioner sought to waive or adjust unreasonable collection fees and attorney fees ($2,351.40 or $3,500.00) charged by the HOA related to a lien placed on their unit, which was later released because it was allegedly based on incorrect amounts.

Orders: Petitioner's petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1256
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA lien, Collection fees, Attorney fees, Statutory violation, Jurisdiction, Rehearing
Additional Citations:

  • A.R.S. § 33-1256
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Video Overview

Audio Overview

Decision Documents

22F-H2222028-REL Decision – 1_aamg stmt.pdf

Uploaded 2025-12-12T02:35:00 (21.1 KB)

22F-H2222028-REL Decision – 2_email from silvia regarding late fees.pdf

Uploaded 2025-12-12T02:35:08 (457.3 KB)

22F-H2222028-REL Decision – 3_email regarding plumbing repair from laweyer.pdf

Uploaded 2025-12-12T02:35:22 (983.8 KB)

22F-H2222028-REL Decision – 4_ledger dec 2021.pdf

Uploaded 2025-12-12T02:35:27 (96.5 KB)

22F-H2222028-REL Decision – 5_letter from lawyer.pdf

Uploaded 2025-12-12T02:35:32 (138.0 KB)

22F-H2222028-REL Decision – 7_petition response.pdf

Uploaded 2026-01-20T14:11:40 (25.0 KB)

22F-H2222028-REL Decision – 975165.pdf

Uploaded 2025-12-12T02:35:36 (104.8 KB)

22F-H2222028-REL Decision – HO22-22028_ElectronicNotice_Hearing.pdf

Uploaded 2025-12-12T02:35:39 (93.3 KB)

22F-H2222028-REL Decision – HO22-22028_ElectronicNotice_Petition.pdf

Uploaded 2025-12-12T02:35:43 (122.6 KB)

22F-H2222028-REL Decision – HO22-22028_HearingScheduled.pdf

Uploaded 2025-12-12T02:35:47 (129.6 KB)

22F-H2222028-REL Decision – HO22-22028_MC_Pet.ResponseToRespondentsResponseToPetition.pdf

Uploaded 2025-12-12T02:35:51 (132.2 KB)

22F-H2222028-REL Decision – HO22-22028_MC_Response&ADRERequest.pdf

Uploaded 2025-12-12T02:35:55 (133.2 KB)

22F-H2222028-REL Decision – HO22-22028_Notice_Hearing.pdf

Uploaded 2025-12-12T02:36:14 (1101.1 KB)

22F-H2222028-REL Decision – HO22-22028_Notice_Petition.pdf

Uploaded 2025-12-12T02:37:15 (3755.5 KB)

22F-H2222028-REL Decision – HO22-22028_Payment.pdf

Uploaded 2025-12-12T02:37:20 (221.2 KB)

22F-H2222028-REL Decision – HO22-22028_Pet.ResponseTo.pdf

Uploaded 2025-12-12T02:38:48 (5499.9 KB)

22F-H2222028-REL Decision – HO22-22028_Petition.pdf

Uploaded 2025-12-12T02:40:23 (5828.4 KB)

22F-H2222028-REL Decision – HO22-22028_Response_Petition.pdf

Uploaded 2025-12-12T02:40:26 (125.4 KB)

22F-H2222028-REL Decision – 1005275.pdf

Uploaded 2025-10-09T03:38:44 (101.7 KB)

22F-H2222028-REL Decision – 1009064.pdf

Uploaded 2025-10-09T03:38:44 (37.4 KB)





Briefing Doc – 22F-H2222028-REL


Briefing Document: Dispute Between Asmaa Kadhum and Goldcrest Patio Homes Condominium Association

Executive Summary

This document synthesizes the key facts and legal proceedings concerning a dispute between homeowner Asmaa Kadhum (Petitioner) and the Goldcrest Patio Homes Condominium Association (Respondent). The central conflict is the Petitioner’s refusal to pay approximately $3,500 in legal fees that the Respondent incurred during collection efforts for past-due assessments.

The dispute escalated when the Respondent, on June 15, 2020, filed a lien for $2,199.00 against the Petitioner’s property. The Petitioner contested the lien’s validity, citing numerous accounting errors. Subsequently, the Respondent’s own legal counsel advised releasing the lien on November 13, 2020, acknowledging it contained “invalid late fee charges” and was released to protect the association from a “potential false lien claim.”

Despite the release of the lien, the Respondent continued to demand payment for the legal fees. The Petitioner filed a petition with the Arizona Department of Real Estate (ADRE) on January 12, 2022, alleging a violation of A.R.S. § 33-1256 and arguing the collection fees were unreasonable.

Following a hearing and a rehearing, the Administrative Law Judge (ALJ) ultimately ruled in favor of the Respondent. The decision was based on a critical jurisdictional issue: because there was no active lien on the property at the time the petition was filed or heard, there was no existing violation of the cited statute for the Office of Administrative Hearings (OAH) to adjudicate. The ALJ concluded that the OAH lacks the authority to issue a declaratory judgment on the reasonableness of the fees in the absence of a pending enforcement action by the association. The underlying liability for the legal fees remains an unresolved issue between the parties.

Parties Involved

Name/Entity

Key Representative(s)

Petitioner

Asmaa Kadhum

Asmaa Kadhum, Mazin Ahmed Al-Salih

Respondent

Goldcrest Patio Homes Condominium Association

Jerry Latschar (Vice President), Cammy Bowring

Chronology of Key Events

Prior to May 1, 2019

Petitioner accrued unpaid assessments and fees totaling $1,375.00 under previous management (AAMG).

April 21, 2020

Respondent sent a notice to Petitioner demanding payment of $1,435.00 in past-due assessments and fees within 30 days.

April 30, 2020

Petitioner responded via email, stating it was “not a good timing for collections” due to the pandemic and requested late fees be removed.

June 15, 2020

Respondent recorded a Notice of Lien on Petitioner’s unit for an amount of $2,199.00.

August 7, 2020

Respondent’s attorney sent a notice stating the total amount due, including legal fees, was now $2,504.00.

September 10, 2020

Petitioner notified Respondent that the lien amount was incorrect and constituted an “improper lien.”

November 13, 2020

Respondent recorded a Release of Lien against the Petitioner’s unit.

December 10, 2020

Respondent’s attorney explained in a letter that the lien was released because it “included late fee charges that were found to be invalid.”

Post-Release

Respondent maintained that Petitioner still owed approximately $3,500.00 in legal fees from the collection process.

December 2021

An account ledger showed a balance of $2,685.40.

January 12, 2022

Petitioner filed a petition with the ADRE (Case No. HO22-22/028) alleging a violation of A.R.S. § 33-1256.

April 4, 2022

An administrative hearing was held before ALJ Tammy L. Eigenheer.

October 11, 2022

Following a rehearing, the ALJ issued a final decision, finding no violation of the cited statute and dismissing the petition.

October 27, 2022

Petitioner filed a miscellaneous motion, which the OAH did not consider, stating it could take no further action on the matter.

Analysis of the Core Dispute

The Disputed Legal Fees

The primary point of contention is the legal fees assessed to the Petitioner’s account for the collection of past-due assessments.

• Respondent’s Claim: The Respondent asserts that legal fees of approximately $3,500.00 are owed. However, during testimony, Respondent’s representative, Mr. Latschar, was “uncertain where the $3,500.00 total originated.”

• Conflicting Evidence: The amount claimed is inconsistent with other documents. Invoices from counsel submitted after the initial hearing showed total charges of only 661.50∗∗attributabletothePetitioner′smatterbetweenAugustandNovember2020.AledgerfromDecember2021showedatotaloutstandingbalanceof∗∗2,685.40, which included legal fees.

The Improper Lien

A foundational element of the Petitioner’s argument is the improper nature of the lien filed by the Respondent.

• Filing and Release: A lien for $2,199.00 was recorded on June 15, 2020, and officially released on November 13, 2020.

• Reason for Release: The Respondent’s attorney stated the release was necessary to “protect [Respondent] and our firm from a potential false lien claim” because the original notice “included late fee charges that were found to be invalid.” The Respondent’s response to the petition also states, “the lawyer was forced to release the lien” because of “errors” related to posting late fees.

• Varying Amounts: The Petitioner highlighted the inconsistent amounts demanded throughout the process:

◦ $1,435.00 in the April 2020 notice.

◦ $2,199.00 in the June 2020 lien filing.

◦ $2,504.00 in the August 2020 attorney notice.

Petitioner’s Position and Arguments

The Petitioner contends they should not be held responsible for legal fees stemming from the Respondent’s flawed collection process.

• Fees are Unreasonable: The core argument is that charging legal fees for an “invalid” lien based on “false statements and invoices” is unreasonable and unacceptable.

• Lack of Cooperation: The Petitioner claims to have made multiple attempts to discuss the matter and arrange payments, sending meeting requests in December 2021 that were allegedly ignored or cancelled.

• Principle of Fairness: The Petitioner argued, “if someone files a claim then realized that his filing process was based on wrong documents, and then dropped the claim himself, should the other party be responsible for the legal fees for that.”

Respondent’s Position and Arguments

The Respondent maintains that the legal fees are a legitimate debt resulting from the Petitioner’s failure to pay assessments.

• Legal Action was Necessary: The Respondent initiated legal action because the Petitioner had not paid assessments for “nearly a year” and had stated they would not make back payments until late fees were waived.

• Lien Release vs. Debt: The Respondent argues that the release of the lien “doesn’t release the balance owing, just the lien at the county.” The legal fees incurred to collect the past assessments remain due.

• Petitioner Contributed to Costs: The Respondent claims the Petitioner “proceeded to force the attorney to review the ledger, which caused further legal fees to be charged.”

Administrative Hearing and Legal Rulings

Case Details and Petition

• OAH Docket: 22F-H2222028-REL

• ADRE Case: HO22-22/028

• Alleged Violation: A.R.S. § 33-1256, which governs the placement of liens for assessments and requires that they be for “reasonable collection fees and for reasonable attorney fee.”

• Relief Sought: An order to “Waive / or Adjust Unreasonable Collection Fees.”

Administrative Law Judge’s Findings and Conclusions

Across both the initial hearing and the rehearing, the ALJ’s decision was consistent and based on a narrow interpretation of the OAH’s jurisdiction under the cited statute.

• Primary Finding: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1256.

• Jurisdictional Limitation: The ALJ repeatedly emphasized that her authority was limited to evaluating existing liens. Since the lien was released in November 2020, well before the petition was filed in January 2022, there was no active lien to assess for reasonableness.

• Corrective Action: The ALJ stated that by releasing the improper lien, the Respondent had “fixed” the past error, removing it from the OAH’s purview.

• No Declaratory Judgment: The decision clarified that the OAH has “no jurisdiction to issue declaratory judgments.” It could not rule on whether the legal fees themselves were reasonable as a standalone issue, only whether an active lien containing those fees was compliant with statute.

• No Enforcement Action: The decision noted that at the time of the hearing, the Respondent was not pursuing any enforcement action (such as filing a new lien or foreclosure) to collect the disputed fees. The fees existed only as “a number on a ledger.”

Salient Quotes

• Petitioner: “Why why we have to pay for for them mistakes? That’s totally issue.”

• Petitioner: “$3,377 legal fee for placing lean is not reasonable or acceptable.”

• Respondent: “they caused us to obtain legal counsel by not paying their bills for almost a year… It doesn’t release the balance owing, just the lien at the county.”

• Respondent’s Attorney (via letter): “…because the original Notice of Lien ‘included late fee charges that were found to be invalid . . . a Release of Lien was recorded in order to protect [Respondent] and our firm from a potential false lien claim.'”

• Administrative Law Judge: “There is no lean on your property. I can’t say the lean is wrong because there is no lean at this point.”

• Administrative Law Judge: “I can’t I can’t say that what they did in the past was wrong because they have fixed it by releasing the lean.”

• Administrative Law Judge (Decision): “the exact amount of legal fees attributable to Petitioner is not relevant in this matter as there were no pending enforcement actions. This is not to say Petitioner may not be entitled to raise this question in a separate venue.”






Study Guide – 22F-H2222028-REL


Study Guide: Case No. 22F-H2222028-REL

Short-Answer Quiz

Instructions: Based on the provided source materials, answer the following questions in 2-3 complete sentences.

1. Identify the Petitioner and the Respondent in this case and describe the nature of their dispute.

2. What specific Arizona Revised Statute did the Petitioner allege the Respondent violated, and what was the core of this allegation?

3. On what date did the Respondent file a Notice of Lien against the Petitioner’s property, what was the amount, and why was this lien later released?

4. According to the Administrative Law Judge (ALJ), why did the Office of Administrative Hearings lack the jurisdiction to rule on the reasonableness of the legal fees sought by the Respondent?

5. How did the Petitioner respond to the Respondent’s April 21, 2020 notice of past-due assessments?

6. What action did the Respondent’s law firm state it was prohibited from taking until May 21, 2020, and what was the legal basis for this restriction?

7. After the initial hearing, what was the total amount of legal fees supported by the four invoices submitted by Mr. Latschar for the period between August 1 and November 30, 2020?

8. The Petitioner sought to sell their property and requested a statement from the Respondent showing a zero balance. What was the central point of contention preventing this?

9. In December 2021, the Petitioner attempted to schedule a meeting with the board to dispute a fee. What was the outcome of these requests?

10. What was the final outcome of the case as stated in the Administrative Law Judge’s decision on October 11, 2022?

——————————————————————————–

Answer Key

1. The Petitioner is Asmaa Kadhum, a condominium owner. The Respondent is the Goldcrest Patio Homes Condominium Association. Their dispute centers on the reasonableness of approximately $3,500 in legal fees the Association charged to Kadhum for collection efforts related to past-due assessments, particularly after the Association filed and then released an invalid lien on the property.

2. The Petitioner alleged a violation of A.R.S. Title 33, Chapter 16, Section 33-1256. The core of the allegation was that the Association was charging unreasonable collection and attorney fees, which is a standard addressed by this statute when an HOA places a lien against a unit.

3. The Respondent filed a Notice of Lien for $2,199.00 on June 15, 2020. The lien was later released on November 13, 2020, because, as the Respondent’s attorney noted, the original Notice of Lien “included late fee charges that were found to be invalid,” and the release was recorded to protect the Association and the law firm from a potential false lien claim.

4. The ALJ stated that the court could not rule on the reasonableness of the fees because there was no longer a recorded lien against the property. The petition was filed under A.R.S. § 33-1256, which governs liens, and since the lien had been released, there was no active violation or enforcement action for the court to evaluate or remedy. The OAH has no jurisdiction to issue declaratory judgments on such matters in the absence of an active enforcement action.

5. In an email dated April 30, 2020, the Petitioner responded to the notice by stating it was “not a good timing for collections” due to the pandemic. The Petitioner disputed the total amount, claiming late fees should be removed, and stated they were planning to pay the whole amount “after this pandemic goes away.”

6. In a May 5, 2020 email, the law firm, Mulcahy Law Firm, P.C., stated that pursuant to state law, it could not proceed with collection efforts until 30 days had passed from the April 21 notice. This meant the file could not be turned over to their office for collection until after May 21, 2020, giving the owner time to pay or arrange a payment agreement.

7. According to the ALJ’s decision from the initial hearing, the four invoices submitted by Mr. Latschar after the hearing showed total charges of $661.50 attributable to the Petitioner’s matter between August 1, 2020, and November 30, 2020.

8. The Petitioner wanted a zero-balance statement to sell the property, arguing all assessments had been paid. The Respondent refused to provide this, contending that while the assessments were paid, there was still an outstanding balance for legal fees incurred during the collection process, which the Petitioner disputed as unreasonable and resulting from the Respondent’s own mistakes.

9. The Petitioner sent multiple meeting requests in December 2021 to dispute a fee of $3,377. The Respondent ultimately canceled the meeting with the homeowner and held one with only the board members, citing COVID-19 and the use of Zoom, even though previous meetings had been held via Zoom.

10. In the final decision dated October 11, 2022, the ALJ concluded that the Petitioner failed to establish by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1256. This was because there was no recorded lien against the property at the time of the petition or hearings, and thus no active enforcement action for the OAH to adjudicate.

——————————————————————————–

Suggested Essay Questions

1. Trace the complete timeline of the dispute, starting from the initial delinquency prior to May 2019 through the final OAH decision in October 2022. Detail the key financial figures, legal actions, and communications from both parties at each significant stage.

2. Analyze the central legal arguments presented by both the Petitioner and the Respondent. Discuss the merits of the Petitioner’s claim regarding A.R.S. § 33-1256 and explain in detail the jurisdictional reasoning used by the Administrative Law Judge to dismiss the petition.

3. Examine the various financial discrepancies present throughout the source documents, including the differing amounts cited in notices, the lien filing, attorney letters, and account ledgers. How did these inconsistencies contribute to the escalation of the conflict and the accumulation of legal fees?

4. Discuss the role of the Respondent’s law firm, Mulcahy Law Firm, P.C., in this dispute. Based on the provided emails and legal documents, evaluate their advice to the Association and their actions regarding the lien and collection process.

5. Critically evaluate the communication and resolution attempts between the Petitioner and the Respondent’s board outside of the formal legal proceedings. What do the emails and hearing testimony reveal about their efforts to resolve the dispute directly?

——————————————————————————–

Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings for government agencies, such as the Office of Administrative Hearings. In this case, Tammy L. Eigenheer served as the ALJ.

A.R.S. § 33-1256

The specific Arizona Revised Statute cited by the Petitioner. This statute pertains to liens for assessments in condominiums, including provisions for reasonable collection and attorney fees associated with such liens.

Assessment

A mandatory fee paid by condominium owners to the homeowners’ association (HOA) for the maintenance of common elements and other association expenses.

Declaratory Judgment

A binding judgment from a court defining the legal relationship between parties and their rights in a matter before any harm has occurred. The OAH stated it had no jurisdiction to issue such a judgment on the legal fees.

Department of Real Estate (ADRE)

The Arizona state agency responsible for licensing and regulating the real estate industry. Its functions include the Homeowners Association Dispute Resolution process.

A legal claim or hold on a property as security for a debt. In this case, the Condominium Association placed a lien on the Petitioner’s unit for unpaid assessments and fees.

Office of Administrative Hearings (OAH)

An independent Arizona state agency authorized to conduct hearings in contested matters for other state agencies, ensuring a fair and impartial process.

Petitioner

The party who files a petition initiating a legal case or administrative hearing. In this matter, the petitioner is the homeowner, Asmaa Kadhum.

Preponderance of the evidence

The standard of proof in most civil and administrative cases. It requires the party with the burden of proof (the Petitioner in this case) to show that their claim is more likely true than not.

Rehearing

A second hearing of a case to re-examine the issues and evidence. In this matter, a rehearing was granted after the initial April 4, 2022 hearing.

Release of Lien

A legal document that removes a previously recorded lien on a property. The Respondent recorded a Release of Lien on November 13, 2020, after acknowledging the original lien amount was incorrect.

Respondent

The party against whom a petition is filed. In this matter, the respondent is the Goldcrest Patio Homes Condominium Association.






Blog Post – 22F-H2222028-REL


5 Shocking Lessons from a Homeowner’s Two-Year War with Her HOA

Introduction: The Notice on the Door

It’s a moment many homeowners dread: finding an official notice from the Homeowner’s Association (HOA) taped to the front door. For most, it’s a minor issue—a reminder about lawn care or trash cans. But for homeowner Asmaa Kadhum, a notice in April 2020 regarding approximately $1,400 in past-due assessments was the first step in a spiraling, multi-year legal war with her Goldcrest Patio Homes Condominium Association.

What began as a manageable debt quickly escalated into a complex battle involving property liens, lawyers, and a dispute over thousands of dollars in legal fees. The case of Kadhum versus her HOA serves as a powerful cautionary tale, revealing several surprising and counter-intuitive truths about the high-stakes world of HOA disputes.

——————————————————————————–

1. You Can Win the Battle Over a Lien, But Still Owe the Fees

One of the central ironies of this case is how a clear victory on one front failed to end the war. After the homeowner fell behind on assessments, the HOA’s collection efforts caused the initial $1,435 dispute to snowball. On June 15, 2020, the HOA placed a lien on her property for $2,199. The homeowner disputed the lien’s accuracy, arguing that it contained errors.

Ultimately, she was proven correct. The HOA was forced to record a Release of Lien on November 13, 2020. This should have been the end of it, but here’s the twist: even with the lien gone, the HOA maintained that the homeowner was still responsible for approximately $3,500 in legal fees that had been incurred during the process of trying to collect the original debt. This reveals a crucial distinction in HOA law: getting an improper lien removed from your property title doesn’t automatically erase the associated collection costs from the HOA’s ledger. The manageable debt had now become a much larger problem.

——————————————————————————–

2. A Legal Technicality Can Get a Valid Complaint Dismissed

The homeowner, now facing a bill for thousands in legal fees related to a lien the HOA admitted was flawed, took her case to the Arizona Department of Real Estate. This move, however, highlights a critical strategic error. She filed her petition on January 12, 2022, alleging a violation of statute A.R.S. § 33-1256, which governs HOA liens and the reasonableness of the fees associated with them.

This led to a procedural “Catch-22” that doomed her case. The problem was timing. The HOA had released the improper lien on November 13, 2020—a full 14 months before the homeowner filed her petition. The case hinged on a procedural nuance that many homeowners might overlook: the statute she cited applies exclusively to active liens. Since the target of her complaint no longer existed by the time of the April 2022 hearing, the judge had no jurisdiction.

The Administrative Law Judge explained this jurisdictional trap in plain English:

and if there was a lien on your property right now, I could look at it and say whether or not the collection fees were appropriate, were reasonable. There isn’t one, so there’s nothing for me to evaluate.

The homeowner’s complaint about the fees might have had merit, but because she legally tied it to a violation that was no longer active, the court’s hands were tied. A different legal approach, perhaps focused on disputing the fees in another venue, may have been necessary.

——————————————————————————–

3. Correcting an Error Doesn’t Erase the Cost of Making It

The homeowner’s core argument was simple and relatable: why should she be forced to pay for the HOA’s mistakes? This question became even more pointed when documents revealed the HOA’s own attorney admitting the error. The attorney explained that the lien was released because it “included late fee charges that were found to be invalid” and the release was done to protect the association from a “potential false lien claim.”

During the hearing, the homeowner put the fundamental question to the judge: “Why… do we have to pay for their mistakes?”

Despite the HOA’s admission of error, the legal fees incurred during the entire collections process—including the work related to filing and defending the faulty lien—remained on her account. The situation reached a shocking climax during the hearing. When the judge reviewed the case, he noted that the HOA’s own representative, Mr. Latschar, “was uncertain where the $3,500.00 total originated.” The homeowner was being held liable for a debt that even her creditor couldn’t fully explain.

——————————————————————————–

4. A Disputed Debt Can Haunt a Property Sale

Even after the lien was officially released, the homeowner found herself in a financial vise. As she explained in the hearing, she wanted to sell her property and needed a formal statement from the HOA showing a zero balance to provide to potential buyers and title companies.

However, because the HOA’s books still showed she owed thousands in disputed legal fees, they would not provide this statement. This situation highlights the immense leverage an HOA maintains during a property conveyance. The dispute created a “phantom debt”—not an active lien recorded with the county, but a disputed balance on a ledger that can effectively halt a sale. The judge acknowledged this limbo, describing the amount as “just a number on a ledger.”

Yet, that number is a powerful barrier. Title insurance companies, which are essential for nearly all property sales, will not issue a clear policy if there is a known, unresolved financial dispute with an HOA. This gives the association the power to delay or prevent a sale, even without an active lien on the property.

——————————————————————————–

5. Small Communication Failures Lead to Big Legal Bills

This entire conflict escalated because of a pattern of communication failures that eroded trust long before lawyers were involved. Records show the friction began as early as November 2019, with the homeowner claiming disputes over incorrect receipts and the HOA’s alleged failure to waive late fees as promised.

The situation came to a head in April 2020. When the homeowner received the collection notice, she responded via email, stating it was “not a good timing for collections” due to the pandemic and that she planned to pay the full amount “after this pandemic goes away.” Instead of working toward a formal payment agreement, the HOA proceeded with legal action. The homeowner later claimed she tried to schedule meetings with the board to resolve the matter directly but “was never responded to.”

These failures in communication and negotiation were the direct catalyst for involving lawyers. That decision is what caused the debt to balloon from the original $1,435 to a prolonged, stressful, and expensive dispute over thousands in legal fees.

——————————————————————————–

Conclusion: A Pyrrhic Victory?

The ordeal of Asmaa Kadhum offers critical lessons for any homeowner in an HOA. It demonstrates that in these disputes, legal technicalities matter immensely, clear communication is non-negotiable, and winning a single battle doesn’t mean you’ve won the war. Even when a homeowner is “right” on a key point—like forcing the removal of an improper lien—they can still face significant and lasting financial consequences.

This case leaves every homeowner with a final, thought-provoking question to ponder: When facing a dispute with an HOA, how do you know when to fight for what’s right versus when to avoid a battle that might cost you more than you stand to gain?


Case Participants

Petitioner Side

  • Asmaa Kadhum (petitioner)
    Filed the petition and appeared on her own behalf,
  • Mazin Ahmed (co-owner)
    Referenced as part of 'Petitioner' definition; much of the correspondence was from/to him

Respondent Side

  • Jerry Latschar (board member)
    Goldcrest Patio Homes Condominium Association
    Vice President of the Board of Directors, appeared on behalf of Respondent

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    OAH
    Also referred to as Tammy Aganeer,,,
  • Louis Dettorre (Commissioner ADRE)
    Arizona Department of Real Estate
  • Miranda Alvarez (legal secretary)
    Transmitted decision
  • c. serrano (administrative staff)
    Transmitted minute entry

James Iannuzo v. Moonrise at Starr Pass Community Association

Posted on by

Case Summary

Case ID 22F-H2221014-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-12-30
Administrative Law Judge Thomas Shedden
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner James Iannuzo Counsel —
Respondent Moonrise at Starr Pass Community Association Counsel Jason E. Smith

Alleged Violations

ARIZ. REV. STAT. section 33-1243(H)(4)

Outcome Summary

The Petitioner prevailed by showing the Association violated ARIZ. REV. STAT. section 33-1243. The Association was ordered to refund the $500.00 filing fee. Petitioner's requests for voiding election results, assessing a civil penalty, and appointing an administrator were denied.

Key Issues & Findings

Violation of statutory procedure for board member removal concerning ballot tabulation after deadline.

The Association violated the statute by tabulating ballots for a recall election at the August 19, 2021 meeting, as those ballots were only valid for the canceled June 30, 2021 special meeting.

Orders: Respondent must pay the Petitioner his filing fee of $500.00 within thirty days of the Order. Other requested remedies (voiding results, assessing civil penalty, appointing administrator) were denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 33-1243(H)(4)
  • ARIZ. REV. STAT. § 33-1250(C)(3)

Analytics Highlights

Topics: HOA board recall, Ballot tabulation, Quorum dispute, Statutory violation, Filing fee refund
Additional Citations:

  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 33-1250
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. ADMIN. CODE § R2-19-119
  • Whitmer v. Hilton Casitas Homeowners Ass'n
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall

Video Overview

Audio Overview

Decision Documents

22F-H2221014-REL Decision – 935534.pdf

Uploaded 2026-01-23T17:41:19 (128.9 KB)

22F-H2221014-REL Decision – 945764.pdf

Uploaded 2026-01-23T17:41:24 (48.2 KB)

22F-H2221014-REL Decision – 949683.pdf

Uploaded 2026-01-23T17:41:26 (49.4 KB)

Questions

Question

What is the deadline for an HOA to hold a special meeting after receiving a petition to recall board members?

Short Answer

The meeting must be held within 30 days of receiving the petition.

Detailed Answer

According to Arizona statute, once an HOA receives a petition for the removal of a board member, it is legally required to call, notice, and actually hold the special meeting within a 30-day timeframe.

Alj Quote

The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

Legal Basis

ARIZ. REV. STAT. § 33-1243(H)(4)(c)

Topic Tags

  • recall election
  • deadlines
  • board removal

Question

Can an HOA count ballots collected for a specific meeting date at a later, rescheduled meeting?

Short Answer

No, ballots are only valid for the specific meeting they were issued for.

Detailed Answer

An HOA cannot use ballots collected for a canceled meeting at a subsequent meeting held on a different date. The decision clarified that counting such ballots violates the statute because the ballots are strictly limited to the meeting for which they were originally valid.

Alj Quote

The Association’s decision to count the ballots at the August 19th meeting does not comply with section 33-1243 because those ballots were valid only for the June 30th meeting as evidenced by the ballots, the Notice, and the voting instructions.

Legal Basis

ARIZ. REV. STAT. § 33-1250(C)(3)

Topic Tags

  • voting
  • ballots
  • meetings

Question

Can an Administrative Law Judge (ALJ) void an HOA election or remove board members?

Short Answer

No, the ALJ does not have the authority to void election results or appoint administrators.

Detailed Answer

While an ALJ can determine if a violation occurred and levy penalties, they cannot order an election to be voided or appoint an independent administrator to oversee the HOA. These remedies are outside the tribunal's statutory scope.

Alj Quote

Mr. Iannuzo’s requests that the tribunal void the election results and that an oversight administrator be appointed have not been shown to be within the scope of the tribunal’s authority.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

  • legal remedies
  • ALJ authority
  • elections

Question

Is an HOA allowed to determine a quorum based solely on mail-in ballots before the meeting starts?

Short Answer

Likely no; the quorum should be determined based on eligible voters present at the time of the meeting.

Detailed Answer

The ALJ noted that the statute calls for a quorum to be determined based on the number of eligible voters at the time of the meeting, implying that canceling a meeting beforehand based solely on returned ballots is not supported by persuasive legal argument.

Alj Quote

The Association presented no persuasive legal argument or authority showing that in determining whether a quorum existed it was appropriate for the Association to use only the ballots returned by June 29th, rather than using the ballots and the members present at the meeting on June 30th.

Legal Basis

ARIZ. REV. STAT. § 33-1243(H)(4)(d)

Topic Tags

  • quorum
  • meetings
  • voting

Question

If I win my case against the HOA, can I get my filing fee refunded?

Short Answer

Yes, if the homeowner prevails, the HOA must be ordered to pay the filing fee.

Detailed Answer

If the Administrative Law Judge determines that the homeowner has prevailed in proving a violation, the law mandates that the Judge order the HOA to reimburse the petitioner for the filing fee.

Alj Quote

If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

  • fees
  • penalties
  • reimbursement

Question

Can an HOA fix a violation for missing the 30-day recall meeting deadline by holding the meeting later?

Short Answer

No, this specific violation cannot be cured after the fact.

Detailed Answer

Once the 30-day window for holding a recall meeting has passed, the violation is established and cannot be retroactively fixed by holding the meeting late.

Alj Quote

And although the Association did not conduct the required meeting within 30 days of receiving the recall petitions, this violation cannot be cured.

Legal Basis

ARIZ. REV. STAT. § 33-1243

Topic Tags

  • violations
  • compliance
  • deadlines

Case

Docket No
22F-H2221014-REL
Case Title
James Iannuzo vs. Moonrise at Starr Pass Community Association
Decision Date
2021-12-30
Alj Name
Thomas Shedden
Tribunal
OAH
Agency
ADRE

Questions

Question

What is the deadline for an HOA to hold a special meeting after receiving a petition to recall board members?

Short Answer

The meeting must be held within 30 days of receiving the petition.

Detailed Answer

According to Arizona statute, once an HOA receives a petition for the removal of a board member, it is legally required to call, notice, and actually hold the special meeting within a 30-day timeframe.

Alj Quote

The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

Legal Basis

ARIZ. REV. STAT. § 33-1243(H)(4)(c)

Topic Tags

  • recall election
  • deadlines
  • board removal

Question

Can an HOA count ballots collected for a specific meeting date at a later, rescheduled meeting?

Short Answer

No, ballots are only valid for the specific meeting they were issued for.

Detailed Answer

An HOA cannot use ballots collected for a canceled meeting at a subsequent meeting held on a different date. The decision clarified that counting such ballots violates the statute because the ballots are strictly limited to the meeting for which they were originally valid.

Alj Quote

The Association’s decision to count the ballots at the August 19th meeting does not comply with section 33-1243 because those ballots were valid only for the June 30th meeting as evidenced by the ballots, the Notice, and the voting instructions.

Legal Basis

ARIZ. REV. STAT. § 33-1250(C)(3)

Topic Tags

  • voting
  • ballots
  • meetings

Question

Can an Administrative Law Judge (ALJ) void an HOA election or remove board members?

Short Answer

No, the ALJ does not have the authority to void election results or appoint administrators.

Detailed Answer

While an ALJ can determine if a violation occurred and levy penalties, they cannot order an election to be voided or appoint an independent administrator to oversee the HOA. These remedies are outside the tribunal's statutory scope.

Alj Quote

Mr. Iannuzo’s requests that the tribunal void the election results and that an oversight administrator be appointed have not been shown to be within the scope of the tribunal’s authority.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

  • legal remedies
  • ALJ authority
  • elections

Question

Is an HOA allowed to determine a quorum based solely on mail-in ballots before the meeting starts?

Short Answer

Likely no; the quorum should be determined based on eligible voters present at the time of the meeting.

Detailed Answer

The ALJ noted that the statute calls for a quorum to be determined based on the number of eligible voters at the time of the meeting, implying that canceling a meeting beforehand based solely on returned ballots is not supported by persuasive legal argument.

Alj Quote

The Association presented no persuasive legal argument or authority showing that in determining whether a quorum existed it was appropriate for the Association to use only the ballots returned by June 29th, rather than using the ballots and the members present at the meeting on June 30th.

Legal Basis

ARIZ. REV. STAT. § 33-1243(H)(4)(d)

Topic Tags

  • quorum
  • meetings
  • voting

Question

If I win my case against the HOA, can I get my filing fee refunded?

Short Answer

Yes, if the homeowner prevails, the HOA must be ordered to pay the filing fee.

Detailed Answer

If the Administrative Law Judge determines that the homeowner has prevailed in proving a violation, the law mandates that the Judge order the HOA to reimburse the petitioner for the filing fee.

Alj Quote

If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

  • fees
  • penalties
  • reimbursement

Question

Can an HOA fix a violation for missing the 30-day recall meeting deadline by holding the meeting later?

Short Answer

No, this specific violation cannot be cured after the fact.

Detailed Answer

Once the 30-day window for holding a recall meeting has passed, the violation is established and cannot be retroactively fixed by holding the meeting late.

Alj Quote

And although the Association did not conduct the required meeting within 30 days of receiving the recall petitions, this violation cannot be cured.

Legal Basis

ARIZ. REV. STAT. § 33-1243

Topic Tags

  • violations
  • compliance
  • deadlines

Case

Docket No
22F-H2221014-REL
Case Title
James Iannuzo vs. Moonrise at Starr Pass Community Association
Decision Date
2021-12-30
Alj Name
Thomas Shedden
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • James Iannuzo (petitioner)
    Appeared and testified on his own behalf

Respondent Side

  • Jason E. Smith (respondent attorney)
    Smith & Wamsley, PLLC
    Counsel for Respondent

Neutral Parties

  • Thomas Shedden (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • Miranda Alvarez (clerk)
    Transmitted Decision
  • c. serrano (clerk)
    Transmitted Advisements
  • AHansen (staff)
    Arizona Department of Real Estate
    Recipient of transmission (Attn)
  • djones (staff)
    Arizona Department of Real Estate
    Recipient of transmission (Attn)
  • DGardner (staff)
    Arizona Department of Real Estate
    Recipient of transmission (Attn)
  • vnunez (staff)
    Arizona Department of Real Estate
    Recipient of transmission (Attn)

Thomas A & Jade Bossert v. Silverbell West Association, Inc.

Posted on by

Case Summary

Case ID 21F-H2120011-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-04-16
Administrative Law Judge Adam D. Stone
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Thomas A & Jade Bossert Counsel Anthony Tsontakis
Respondent Silverbell West Association, Inc. Counsel Nicholas C Nogami & Timothy D Butterfield

Alleged Violations

ARIZ. REV. STAT. § 33-1258(A) & ARIZ. REV. STAT. § 33-1243(J)

Outcome Summary

Petitioner was deemed the prevailing party after Respondent was found in violation of A.R.S. § 33-1258(A) for failing to provide specific financial records (bank statements, check copies) and A.R.S. § 33-1243(J) for failing to complete the 2019 financial compilation. The ALJ declined to impose a civil penalty but ordered Respondent to reimburse the Petitioner's filing fees of $1,000.00.

Key Issues & Findings

Failure to disclose records and complete annual financial compilation

Respondent violated A.R.S. § 33-1258(A) by failing to provide bank account statements and check copies, and violated A.R.S. § 33-1243(J) by failing to complete the 2019 financial compilation. Petitioner did not meet the burden regarding the 2018 financial report.

Orders: Respondent was ordered to reimburse Petitioner's filing fees of $1,000.00 within 30 days.

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

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1258(A)
  • ARIZ. REV. STAT. § 33-1243(J)

Analytics Highlights

Topics: Homeowners Association, Records Access, Financial Compilation, Statutory Violation, Condominium Association
Additional Citations:

  • ARIZ. REV. STAT. § 33-1258(A)
  • ARIZ. REV. STAT. § 33-1243(J)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Video Overview

Audio Overview

Decision Documents

21F-H2120011-REL Decision – 865401.pdf

Uploaded 2026-01-23T17:35:06 (42.0 KB)

21F-H2120011-REL Decision – 872606.pdf

Uploaded 2026-01-23T17:35:09 (153.6 KB)

Questions

Question

Can my HOA refuse to provide bank statements by claiming the Treasurer kept poor records?

Short Answer

No. The Board has a duty to obtain readily available records like bank statements directly from the bank if necessary.

Detailed Answer

The Board cannot excuse a failure to provide records by blaming a specific officer's poor record-keeping. If records like bank statements are missing from the files, the Board President or other officers should go to the bank to obtain copies.

Alj Quote

Mr. Warnix, as President of the Board, should have taken a more active role in at least obtaining all bank account records and copies of checks given his knowledge of Mr. Molley’s actions… he could have requested copies of the same in person at the bank. The fact that these records still have not been turned over is inexcusable.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • board duties
  • bank statements

Question

What is the deadline for the HOA to complete its annual financial compilation?

Short Answer

The compilation must be completed within 180 days after the fiscal year ends.

Detailed Answer

Unless the governing documents require an audit, the Board must provide for an annual financial audit, review, or compilation to be finished no later than 180 days after the fiscal year ends. It must be made available to owners within 30 days of completion.

Alj Quote

The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year and shall be made available on request to the unit owners within thirty days after its completion.

Legal Basis

ARIZ. REV. STAT. § 33-1243(J)

Topic Tags

  • financials
  • deadlines
  • compilation

Question

Will the judge always fine the HOA if they violate record-keeping laws?

Short Answer

Not necessarily. If the HOA fixes the issue and ensures future compliance, the judge may decline to issue a civil penalty.

Detailed Answer

Even if violations are found, the ALJ has discretion regarding civil penalties. If the HOA has hired a professional manager or taken steps to ensure better record-keeping moving forward, the judge might decide a penalty is not required.

Alj Quote

That being said, the tribunal believes that Board took the appropriate steps to ensure better record keeping in the future… Thus, the Administrative Law Judge declines to impose a civil penalty.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

  • civil penalty
  • fines
  • enforcement

Question

What happens if I request specific accounting records (like ledgers) that the HOA simply never created?

Short Answer

The HOA cannot produce what doesn't exist, so they may not be penalized for failing to produce them, though the lack of records is a governance issue.

Detailed Answer

If there is no evidence that specific documents (like check registers or dues reports) were ever created due to poor management, the judge may find it impossible to rule that the HOA failed to provide existing records.

Alj Quote

With regards to the other records (check registers, cash receipt journals, dues reports, etc.), it is unclear from Mr. Bossert’s testimony, if those even existed… Thus, it is impossible to know if they even exist, as there was no evidence from Mr. Bossert that they do in fact exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • missing records
  • record keeping

Question

If I win my case against the HOA regarding records, can I get my filing fees back?

Short Answer

Yes, the prevailing party is typically entitled to reimbursement of filing fees.

Detailed Answer

If the homeowner sustains their burden of proof and is deemed the prevailing party, the ALJ can order the HOA to reimburse the filing fees.

Alj Quote

IT IS ORDERED that Petitioner is deemed the prevailing party and is entitled to his filing fees of $1,000.00, and Respondent must reimburse this within 30 days.

Legal Basis

Order based on prevailing party status

Topic Tags

  • reimbursement
  • fees
  • prevailing party

Question

Does a former Board President have a claim regarding missing financials from their own term?

Short Answer

It may be difficult to prove if the President had the authority to fix the issue at the time but didn't.

Detailed Answer

If a petitioner was the Board President during the time the violation occurred and had the power to remedy the situation (e.g., by taking over responsibility from a non-compliant Treasurer) but failed to do so, the tribunal may find they did not meet their burden of proof for that specific violation.

Alj Quote

Mr. Bossert, while acting as President, could have taken more aggressive measures with Mr. Molley to get him to provide the same… Therefore, Petitioner has not met his burden as to the 2018 financial report.

Legal Basis

Burden of proof standard

Topic Tags

  • board member rights
  • fiduciary duty

Case

Docket No
21F-H2120011-REL
Case Title
Thomas A & Jade Bossert vs. Silverbell West Association, Inc.
Decision Date
2021-04-16
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA refuse to provide bank statements by claiming the Treasurer kept poor records?

Short Answer

No. The Board has a duty to obtain readily available records like bank statements directly from the bank if necessary.

Detailed Answer

The Board cannot excuse a failure to provide records by blaming a specific officer's poor record-keeping. If records like bank statements are missing from the files, the Board President or other officers should go to the bank to obtain copies.

Alj Quote

Mr. Warnix, as President of the Board, should have taken a more active role in at least obtaining all bank account records and copies of checks given his knowledge of Mr. Molley’s actions… he could have requested copies of the same in person at the bank. The fact that these records still have not been turned over is inexcusable.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • board duties
  • bank statements

Question

What is the deadline for the HOA to complete its annual financial compilation?

Short Answer

The compilation must be completed within 180 days after the fiscal year ends.

Detailed Answer

Unless the governing documents require an audit, the Board must provide for an annual financial audit, review, or compilation to be finished no later than 180 days after the fiscal year ends. It must be made available to owners within 30 days of completion.

Alj Quote

The audit, review or compilation shall be completed no later than one hundred eighty days after the end of the association's fiscal year and shall be made available on request to the unit owners within thirty days after its completion.

Legal Basis

ARIZ. REV. STAT. § 33-1243(J)

Topic Tags

  • financials
  • deadlines
  • compilation

Question

Will the judge always fine the HOA if they violate record-keeping laws?

Short Answer

Not necessarily. If the HOA fixes the issue and ensures future compliance, the judge may decline to issue a civil penalty.

Detailed Answer

Even if violations are found, the ALJ has discretion regarding civil penalties. If the HOA has hired a professional manager or taken steps to ensure better record-keeping moving forward, the judge might decide a penalty is not required.

Alj Quote

That being said, the tribunal believes that Board took the appropriate steps to ensure better record keeping in the future… Thus, the Administrative Law Judge declines to impose a civil penalty.

Legal Basis

ARIZ. REV. STAT. § 32-2199.02(A)

Topic Tags

  • civil penalty
  • fines
  • enforcement

Question

What happens if I request specific accounting records (like ledgers) that the HOA simply never created?

Short Answer

The HOA cannot produce what doesn't exist, so they may not be penalized for failing to produce them, though the lack of records is a governance issue.

Detailed Answer

If there is no evidence that specific documents (like check registers or dues reports) were ever created due to poor management, the judge may find it impossible to rule that the HOA failed to provide existing records.

Alj Quote

With regards to the other records (check registers, cash receipt journals, dues reports, etc.), it is unclear from Mr. Bossert’s testimony, if those even existed… Thus, it is impossible to know if they even exist, as there was no evidence from Mr. Bossert that they do in fact exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • missing records
  • record keeping

Question

If I win my case against the HOA regarding records, can I get my filing fees back?

Short Answer

Yes, the prevailing party is typically entitled to reimbursement of filing fees.

Detailed Answer

If the homeowner sustains their burden of proof and is deemed the prevailing party, the ALJ can order the HOA to reimburse the filing fees.

Alj Quote

IT IS ORDERED that Petitioner is deemed the prevailing party and is entitled to his filing fees of $1,000.00, and Respondent must reimburse this within 30 days.

Legal Basis

Order based on prevailing party status

Topic Tags

  • reimbursement
  • fees
  • prevailing party

Question

Does a former Board President have a claim regarding missing financials from their own term?

Short Answer

It may be difficult to prove if the President had the authority to fix the issue at the time but didn't.

Detailed Answer

If a petitioner was the Board President during the time the violation occurred and had the power to remedy the situation (e.g., by taking over responsibility from a non-compliant Treasurer) but failed to do so, the tribunal may find they did not meet their burden of proof for that specific violation.

Alj Quote

Mr. Bossert, while acting as President, could have taken more aggressive measures with Mr. Molley to get him to provide the same… Therefore, Petitioner has not met his burden as to the 2018 financial report.

Legal Basis

Burden of proof standard

Topic Tags

  • board member rights
  • fiduciary duty

Case

Docket No
21F-H2120011-REL
Case Title
Thomas A & Jade Bossert vs. Silverbell West Association, Inc.
Decision Date
2021-04-16
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Thomas A Bossert (petitioner)
    Former Board President; testified on own behalf
  • Jade Bossert (petitioner)
  • Anthony Tsontakis (petitioner attorney)
    Tsontakis Law
  • Barbara Schoneck (witness)
    Digit & Docs LLC
    Called by Petitioner

Respondent Side

  • Nicholas C Nogami (HOA attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
  • Timothy D Butterfield (HOA attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
  • Rex Warnix, III (board member; witness)
    Silverbell West Association, Inc.
    Current Board President; testified for Respondent/Association
  • Linda Garner (property manager; witness)
    Adam LLC
    Property manager for the Association
  • Donald Molley (board member; treasurer)
    Silverbell West Association, Inc.
    Board Treasurer responsible for financial records

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • Lynda Meadows (accountant)
    Prepared 2018 financial compilation
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Email recipient
  • ncano (ADRE staff)
    Arizona Department of Real Estate
    Email recipient

Other Participants

  • c. serrano (ADRE staff)
    Individual listed on transmission details