David & Brenda Norman vs. Rancho Del Lago Community Association

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

Case Summary

Case ID 19F-H1919051-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-05-28
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David and Brenda Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Ashley N. Moscarello

Alleged Violations

CC&Rs § 3.11(D)(1) / Common Project Guidelines § 3.11(D)(1)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by David and Brenda Norman against Rancho Del Lago Community Association, finding that the Department of Real Estate did not have jurisdiction to hear the dispute, as it was essentially a conflict between neighboring owners (Petitioners and Hendersons) regarding a wall.

Why this result: The Department lacked jurisdiction over the dispute among or between owners, per A.R.S. § 32-2199.01(A)(1).

Key Issues & Findings

Alleged violation by HOA approving a block wall built by neighbors (Hendersons)

Petitioners alleged that Respondent HOA violated CC&Rs § 3.11(D)(1) by approving a block wall built by their next-door neighbors, the Hendersons, and requested the Department require the Hendersons to permit Petitioners to connect to the wall or require the Hendersons to tear the wall down.

Orders: The petition was dismissed because the Department lacked jurisdiction to hear a dispute primarily among or between owners to which the association is not a party, pursuant to A.R.S. § 32-2199.01(A)(1).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: Jurisdiction, HOA Governance, Architectural Review Committee (ARC), Party Wall, Neighbor Dispute, CC&Rs
Additional Citations:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

David & Brenda Norman vs. Rancho Del Lago Community Association

Case Summary

Case ID 19F-H1919051-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-05-28
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David and Brenda Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Ashley N. Moscarello

Alleged Violations

CC&Rs § 3.11(D)(1) / Common Project Guidelines § 3.11(D)(1)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by David and Brenda Norman against Rancho Del Lago Community Association, finding that the Department of Real Estate did not have jurisdiction to hear the dispute, as it was essentially a conflict between neighboring owners (Petitioners and Hendersons) regarding a wall.

Why this result: The Department lacked jurisdiction over the dispute among or between owners, per A.R.S. § 32-2199.01(A)(1).

Key Issues & Findings

Alleged violation by HOA approving a block wall built by neighbors (Hendersons)

Petitioners alleged that Respondent HOA violated CC&Rs § 3.11(D)(1) by approving a block wall built by their next-door neighbors, the Hendersons, and requested the Department require the Hendersons to permit Petitioners to connect to the wall or require the Hendersons to tear the wall down.

Orders: The petition was dismissed because the Department lacked jurisdiction to hear a dispute primarily among or between owners to which the association is not a party, pursuant to A.R.S. § 32-2199.01(A)(1).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: Jurisdiction, HOA Governance, Architectural Review Committee (ARC), Party Wall, Neighbor Dispute, CC&Rs
Additional Citations:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Decision Documents

19F-H1919051-REL-RHG Decision – 737050.pdf

Uploaded 2026-01-09T17:25:10 (40.9 KB)

David & Brenda Norman vs. Rancho Del Lago Community Association

Case Summary

Case ID 19F-H1919051-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-05-28
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David and Brenda Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Ashley N. Moscarello

Alleged Violations

CC&Rs § 3.11(D)(1) / Common Project Guidelines § 3.11(D)(1)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by David and Brenda Norman against Rancho Del Lago Community Association, finding that the Department of Real Estate did not have jurisdiction to hear the dispute, as it was essentially a conflict between neighboring owners (Petitioners and Hendersons) regarding a wall.

Why this result: The Department lacked jurisdiction over the dispute among or between owners, per A.R.S. § 32-2199.01(A)(1).

Key Issues & Findings

Alleged violation by HOA approving a block wall built by neighbors (Hendersons)

Petitioners alleged that Respondent HOA violated CC&Rs § 3.11(D)(1) by approving a block wall built by their next-door neighbors, the Hendersons, and requested the Department require the Hendersons to permit Petitioners to connect to the wall or require the Hendersons to tear the wall down.

Orders: The petition was dismissed because the Department lacked jurisdiction to hear a dispute primarily among or between owners to which the association is not a party, pursuant to A.R.S. § 32-2199.01(A)(1).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: Jurisdiction, HOA Governance, Architectural Review Committee (ARC), Party Wall, Neighbor Dispute, CC&Rs
Additional Citations:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

David & Brenda Norman vs. Rancho Del Lago Community Association

Case Summary

Case ID 19F-H1919051-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-05-28
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David and Brenda Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Ashley N. Moscarello

Alleged Violations

CC&Rs § 3.11(D)(1) / Common Project Guidelines § 3.11(D)(1)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by David and Brenda Norman against Rancho Del Lago Community Association, finding that the Department of Real Estate did not have jurisdiction to hear the dispute, as it was essentially a conflict between neighboring owners (Petitioners and Hendersons) regarding a wall.

Why this result: The Department lacked jurisdiction over the dispute among or between owners, per A.R.S. § 32-2199.01(A)(1).

Key Issues & Findings

Alleged violation by HOA approving a block wall built by neighbors (Hendersons)

Petitioners alleged that Respondent HOA violated CC&Rs § 3.11(D)(1) by approving a block wall built by their next-door neighbors, the Hendersons, and requested the Department require the Hendersons to permit Petitioners to connect to the wall or require the Hendersons to tear the wall down.

Orders: The petition was dismissed because the Department lacked jurisdiction to hear a dispute primarily among or between owners to which the association is not a party, pursuant to A.R.S. § 32-2199.01(A)(1).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: Jurisdiction, HOA Governance, Architectural Review Committee (ARC), Party Wall, Neighbor Dispute, CC&Rs
Additional Citations:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

David & Brenda Norman vs. Rancho Del Lago Community Association

Case Summary

Case ID 19F-H1919051-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-05-28
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David and Brenda Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Ashley N. Moscarello

Alleged Violations

CC&Rs § 3.11(D)(1) / Common Project Guidelines § 3.11(D)(1)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by David and Brenda Norman against Rancho Del Lago Community Association, finding that the Department of Real Estate did not have jurisdiction to hear the dispute, as it was essentially a conflict between neighboring owners (Petitioners and Hendersons) regarding a wall.

Why this result: The Department lacked jurisdiction over the dispute among or between owners, per A.R.S. § 32-2199.01(A)(1).

Key Issues & Findings

Alleged violation by HOA approving a block wall built by neighbors (Hendersons)

Petitioners alleged that Respondent HOA violated CC&Rs § 3.11(D)(1) by approving a block wall built by their next-door neighbors, the Hendersons, and requested the Department require the Hendersons to permit Petitioners to connect to the wall or require the Hendersons to tear the wall down.

Orders: The petition was dismissed because the Department lacked jurisdiction to hear a dispute primarily among or between owners to which the association is not a party, pursuant to A.R.S. § 32-2199.01(A)(1).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: Jurisdiction, HOA Governance, Architectural Review Committee (ARC), Party Wall, Neighbor Dispute, CC&Rs
Additional Citations:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

David & Brenda Norman vs. Rancho Del Lago Community Association

Case Summary

Case ID 19F-H1919051-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-05-28
Administrative Law Judge Diane Mihalsky
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner David and Brenda Norman Counsel
Respondent Rancho Del Lago Community Association Counsel Ashley N. Moscarello

Alleged Violations

CC&Rs § 3.11(D)(1) / Common Project Guidelines § 3.11(D)(1)

Outcome Summary

The Administrative Law Judge dismissed the petition filed by David and Brenda Norman against Rancho Del Lago Community Association, finding that the Department of Real Estate did not have jurisdiction to hear the dispute, as it was essentially a conflict between neighboring owners (Petitioners and Hendersons) regarding a wall.

Why this result: The Department lacked jurisdiction over the dispute among or between owners, per A.R.S. § 32-2199.01(A)(1).

Key Issues & Findings

Alleged violation by HOA approving a block wall built by neighbors (Hendersons)

Petitioners alleged that Respondent HOA violated CC&Rs § 3.11(D)(1) by approving a block wall built by their next-door neighbors, the Hendersons, and requested the Department require the Hendersons to permit Petitioners to connect to the wall or require the Hendersons to tear the wall down.

Orders: The petition was dismissed because the Department lacked jurisdiction to hear a dispute primarily among or between owners to which the association is not a party, pursuant to A.R.S. § 32-2199.01(A)(1).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: Jurisdiction, HOA Governance, Architectural Review Committee (ARC), Party Wall, Neighbor Dispute, CC&Rs
Additional Citations:

  • A.R.S. § 32-2199.01(A)(1)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

John A Sellers v. Rancho Madera Condominium Association

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

Case Summary

Case ID 19F-H1918010-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-05-10
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John A Sellers Counsel
Respondent Rancho Madera Condominium Association Counsel Edward D. O'Brien, Edith I. Rudder

Alleged Violations

CC&Rs § 3.10, 3.10.2, 3.10.4

Outcome Summary

The Administrative Law Judge dismissed the petition following a rehearing, concluding that the Petitioner failed to meet the burden of proof by establishing that the Respondent HOA violated its CC&Rs. The governing documents grant the HOA the right, but not the obligation, to enforce maintenance duties specifically assigned to Unit Owners concerning the drainage easement.

Why this result: Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs because the HOA was found to have a right to enforce maintenance of the drainage easement, but not a mandatory obligation to do so under the terms of the CC&Rs.

Key Issues & Findings

HOA failure to enforce unit owner maintenance obligations regarding stormwater drainage easement

Petitioner alleged that the Respondent HOA violated the CC&Rs by failing to enforce unit owner responsibility to keep the stormwater drainage area free of obstructions like vegetation and fencing materials, potentially causing a risk of flooding to his unit.

Orders: The petition was dismissed. The Administrative Law Judge determined that the CC&Rs assign Unit Owners the responsibility to clear the drainage area and grant the HOA the right, but not an obligation, to enforce this maintenance.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Analytics Highlights

Topics: HOA, CC&Rs, Drainage Easement, Enforcement Obligation, Condominium Unit Owner
Additional Citations:

  • A.R.S. § 32-2199.01
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Video Overview

Audio Overview

Decision Documents

19F-H1918010-REL-RHG Decision – 706533.pdf

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19F-H1918010-REL-RHG Decision – 707530.pdf

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19F-H1918010-REL-RHG Decision – ../19F-H1918010-REL/667122.pdf

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Briefing Doc – 19F-H1918010-REL-RHG


Dispute Analysis: Sellers vs. Rancho Madera Condominium Association

Executive Summary

This briefing document synthesizes the legal proceedings and outcomes of a dispute between homeowner John A. Sellers (Petitioner) and the Rancho Madera Condominium Association (Respondent). The core of the conflict was Mr. Sellers’ allegation that the Association violated its Covenants, Conditions, and Restrictions (CC&Rs) by failing to compel other homeowners to remove vegetation and fencing from a common stormwater drainage channel, thereby creating a flood risk to his property, Unit 12.

The case was adjudicated by the Arizona Office of Administrative Hearings (OAH) in a process that included an initial hearing, a decision, a granted request for rehearing, and a final binding decision. In both instances, the Administrative Law Judge ruled against the Petitioner.

The initial decision, issued in December 2018, concluded that Mr. Sellers failed to provide sufficient evidence that the materials in the channel actually impeded water flow or posed an unreasonable flood risk. The ruling highlighted that the channel had functioned as intended since 2012 without any flooding incidents. Following a rehearing in April 2019, the second and final decision in May 2019 reinforced this conclusion. It further clarified a crucial distinction in the CC&Rs: while the Association possesses the right to enforce maintenance rules upon homeowners, the governing documents do not impose an explicit obligation to do so proactively before any damage has occurred. The responsibility for maintaining the drainage area rests with the individual unit owners, and the Association’s primary duty is to repair damages after the fact, billing the responsible owner. The petition was ultimately dismissed.

——————————————————————————–

I. Case Overview

This case documents a formal complaint filed by a homeowner against his condominium association, which was resolved through the Arizona Department of Real Estate and the Office of Administrative Hearings.

Case Number: 19F-H1918010-REL

Petitioner: John A. Sellers, owner of Unit 12 in Rancho Madera

Respondent: Rancho Madera Condominium Association, a 46-unit development in Cave Creek, Arizona.

Venue: Arizona Office of Administrative Hearings (OAH)

Key Chronology of Events

Aug 23, 2018

Petitioner files a single-issue petition with the Arizona Department of Real Estate.

Oct 23, 2018

An OAH order vacates the initial hearing after the Petitioner indicates a wish to withdraw the petition.

Nov 5, 2018

The first evidentiary hearing convenes, indicating the withdrawal was rescinded.

Dec 12, 2018

The first evidentiary hearing concludes.

Dec 26, 2018

Administrative Law Judge Diane Mihalsky issues a decision denying the petition.

Feb 1, 2019

Petitioner files a Rehearing Request with the Commissioner of the Department of Real Estate.

Feb 22, 2019

The Commissioner grants the Rehearing Request.

Apr 15, 2019

The rehearing convenes and concludes before Administrative Law Judge Tammy L. Eigenheer.

May 7, 2019

OAH issues an order striking a supplemental, post-hearing filing by the Petitioner from the record.

May 10, 2019

Judge Eigenheer issues a final Administrative Law Judge Decision, again dismissing the petition.

——————————————————————————–

II. Petitioner’s Core Allegation

Mr. Sellers’ petition was based on a single issue: the alleged violation of Section 3.10 of the Association’s CC&Rs.

The Violation: The Petitioner claimed the Association failed in its duty to require owners of “Drainage Easement Units” to remove obstructions from a shared stormwater channel.

The Obstructions: The materials of concern included “large succulents, shrubs, and cacti” growing in the drainage area’s rip-rap, as well as chicken wire that at least one owner had installed to contain a pet.

The Perceived Risk: Mr. Sellers testified that these items “could catch storm debris and cause the drainage channel to become clogged,” leading to a risk of flooding for his Unit 12. He submitted videos of heavy rains and flooding in other parts of Cave Creek as evidence of the potential danger.

Financial Impact Claim: The Petitioner was undergoing a contentious divorce, and Unit 12, as a community asset, was for sale under a court order. He asserted that the unresolved drainage issue and his required disclosure of the dispute had reduced the unit’s market price by $40,000.

——————————————————————————–

III. Respondent’s Position and Actions

The Rancho Madera Condominium Association, represented by its President, Jeffrey Kaplan, denied any violation of the CC&Rs and presented a multi-faceted defense.

Lack of Historical Precedent: Mr. Kaplan, an owner since 2012, testified that water had never entered the property from the east, and Unit 12 had never sustained any damage from flooding. This held true even during a “100-year storm in 2014.” After a significant rainstorm in August 2018, he personally inspected the drainage easement and “did not see any water in it.”

Origin of Vegetation: Mr. Kaplan stated that the builder had originally planted the vegetation in the drainage easement that was shown in the Petitioner’s photographic evidence.

Proactive Communication: To address the Petitioner’s concerns, the Board instructed its management company to act. Letters were sent to the relevant homeowners on April 18, 2018, and July 19, 2018, reminding them of their responsibility to keep the easement free of obstructions.

Jurisdictional Confirmation: Mr. Kaplan contacted officials from the Maricopa County Flood Control District and the Town of Cave Creek. Both agencies confirmed the drainage area was not on any official floodplain map, and therefore, the Association was “solely responsible” for its maintenance and enforcement.

Contradictory Evidence: The Association submitted a June 22, 2018 email from the Petitioner’s wife, Debborah Sellers, which directly contradicted the Petitioner’s claims. She wrote, “There has never been any issue with the storm drain behind our house and it is not a major disclosure item… Stop making something out of nothing.” She also referred to his claims as “nonsense.”

——————————————————————————–

IV. Analysis of Governing CC&Rs

The dispute centered on the interpretation of specific sections of the Rancho Madera CC&Rs. The judges in both hearings analyzed these sections to determine the respective duties of the homeowners and the Association.

Section

Provision Summary

Key Language

Establishes a perpetual “Drainage Easement” over the eastern five feet of Units 9 through 18 for stormwater conveyance.

“…for the purpose of constructing, maintaining, repairing and replacing a drainage channel…”

3.10.2

Assigns the primary maintenance duty to the individual unit owners within the easement area.

“Each Unit Owner of a Drainage Easement Unit shall keep his Drainage Easement Area Free of weeds and other debris so that the stormwater can flow freely… No Improvement… shall be… allowed to grow… that may… impede the flow of water…”

3.10.4

Defines the Association’s role in the event of damage resulting from a unit owner’s failure to maintain the easement.

“If the failure of one Unit Owner to maintain his Drainage Easement Area… results in damage… the Association shall repair or replace such damage… and the cost… shall be paid by the Unit Owner that caused the damage…”

13.1.1

Grants the Association the power to enforce the CC&Rs.

“The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants…”

——————————————————————————–

V. Administrative Law Judge Decisions and Rationale

The Petitioner’s case was heard twice and denied both times, with the second decision providing a definitive interpretation of the Association’s duties under the CC&Rs.

Initial Decision (December 26, 2018)

Presiding Judge: Diane Mihalsky

Conclusion: The Petitioner failed to meet his burden of proof “by a preponderance of the evidence.”

Rationale: The judge found a critical failure in the Petitioner’s evidence. While he successfully “established that there are some plants and chicken wire in the stormwater drainage canal,” he “did not establish that the plants or chicken wire impede the flow of water.” The Respondent, in contrast, successfully established that the channel had always “functioned as intended” and that “Unit 12 has never flooded.” The judge concluded there was “no unreasonable risk that Unit 12 will flood.”

Order: The petition was denied.

Rehearing and Final Decision (May 10, 2019)

Presiding Judge: Tammy L. Eigenheer

Context: The rehearing was granted based on the Petitioner’s claims of procedural irregularities and legal errors in the first hearing.

Petitioner’s Refined Argument: During the rehearing, the Petitioner argued that the Association’s right to enforce the CC&Rs (under Section 13.1.1) becomes an obligation when safety and property values are affected.

Conclusion: The petition was dismissed.

Rationale: The final decision hinged on a strict interpretation of the CC&Rs. The judge determined that the documents create a clear hierarchy of responsibility:

1. Unit Owners: Bear the primary responsibility for keeping the easement clear (Section 3.10.2).

2. The Association: Has a responsibility to act only after damage occurs due to an owner’s failure, at which point it must repair the damage and bill the responsible owner (Section 3.10.4).

Final Legal Interpretation: The judge concluded, “While Respondent has the right to enforce the requirements that the Unit Owners keep the Drainage Easement Area clear, nothing in the CC&Rs provides that Respondent has an obligation to do so.” The petition was dismissed because the Petitioner could not prove the Association had violated any actual obligation laid out in the governing documents. This decision was issued as final and binding on the parties.






Study Guide – 19F-H1918010-REL-RHG


Study Guide: Case No. 19F-H1918010-REL, Sellers v. Rancho Madera Condominium Association

This guide provides a detailed review of the administrative legal proceedings between Petitioner John A. Sellers and Respondent Rancho Madera Condominium Association. It is designed to assess comprehension of the case’s facts, legal arguments, and procedural history.

Short-Answer Quiz

Answer each question in 2-3 sentences based on the information provided in the source documents.

1. What was the central allegation John A. Sellers filed against the Rancho Madera Condominium Association on August 23, 2018?

2. Identify the specific sections of the Covenants, Conditions, and Restrictions (CC&Rs) that were central to the dispute.

3. Who is responsible for maintaining the Drainage Easement Area according to CC&R § 3.10.2?

4. What actions did the Association’s management company take in response to the Petitioner’s concerns?

5. What was the testimony of Jeffrey Kaplan, the Association’s President, regarding the history of flooding at Rancho Madera?

6. Why did the Commissioner of the Department of Real Estate grant the Petitioner’s request for a rehearing?

7. What was the procedural outcome of Petitioner Sellers’ attempt to submit supplemental arguments after the April 15, 2019, rehearing?

8. How did Administrative Law Judge Tammy L. Eigenheer distinguish between a “right to enforce” and an “obligation to enforce” in her final decision?

9. What evidence did the Petitioner present to support his claim that the drainage channel was at risk of clogging?

10. What was the final ruling in the Administrative Law Judge Decision dated May 10, 2019?

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Answer Key

1. Petitioner John A. Sellers alleged that the Association had violated its CC&Rs, specifically § 3.10, by failing to require condominium owners to remove vegetation and fencing materials from the stormwater channel. Sellers claimed this failure created a risk of flooding for his unit.

2. The central CC&R sections were § 3.10, which establishes the stormwater drainage easement; § 3.10.2, which outlines the maintenance responsibilities of Unit Owners; § 3.10.4, which details the Association’s role in repairing damages; and § 13.1.1, which grants the Association the right to enforce the CC&Rs.

3. According to CC&R § 3.10.2, each individual Unit Owner of a Drainage Easement Unit is responsible for keeping their respective Drainage Easement Area free of weeds and other debris. The text explicitly states that no improvements, including plants, should be allowed that might impede the flow of water.

4. To address the Petitioner’s concerns, the Association’s management company sent letters to the owners of the Drainage Easement Units on April 18, 2018, and July 19, 2018. These letters reminded the owners of their responsibility to keep the easement area clear of obstructions and debris.

5. Jeffrey Kaplan testified that he bought one of the first units in 2012 and that water has never entered Rancho Madera from the east. He specifically noted that no flooding occurred even during the 100-year storm in 2014, and that after a significant rainstorm in August 2018, he inspected the easement and saw no water in it.

6. The Commissioner granted the Rehearing Request “for the reasons outlined in the Petitioners’ Rehearing Request.” The request itself alleged irregularity in the proceedings, newly discovered evidence, errors in the admission of evidence, and that the original decision was arbitrary, capricious, or contrary to law.

7. After the rehearing concluded, the Petitioner submitted supplemental authority and argument. The Respondent argued this filing was untimely, and Administrative Law Judge Tammy L. Eigenheer ordered the filing to be stricken from the record and closed the record on May 7, 2019.

8. Judge Eigenheer’s decision concluded that while the Association has the right to enforce the CC&Rs under § 13.1.1, nothing in the documents creates an obligation for it to proactively do so regarding maintenance. The only obligation specified is to repair damage after it occurs, with the cost being billed to the responsible unit owner.

9. The Petitioner provided photographs showing large succulents, shrubs, and cacti growing in the rip rap of the Drainage Easement Area. He also showed at least one instance where chicken wire had been placed across the channel to contain a pet, testifying that these items could catch storm debris and cause a clog.

10. The final ruling, issued on May 10, 2019, was that the Petitioner failed to establish by a preponderance of the evidence that the Respondent violated Section 3.10 of the CC&Rs. Therefore, the petition was dismissed, and no action was required of the Respondent.

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Essay Questions

Construct detailed essay responses to the following prompts, drawing exclusively from the provided source documents to support your analysis.

1. Trace the complete procedural history of case No. 19F-H1918010-REL from the initial petition to the final order. Detail the key dates, presiding judges, significant filings, and the outcome of each stage of the proceedings.

2. Analyze the legal reasoning used by the Administrative Law Judges in both the initial decision (December 26, 2018) and the rehearing decision (May 10, 2019). Compare and contrast their interpretations of the CC&Rs and the standard of “preponderance of the evidence.”

3. Evaluate the evidence and arguments presented by both the Petitioner, John A. Sellers, and the Respondent, represented by Jeffrey Kaplan. What were the strengths and weaknesses of each party’s case as detailed in the hearing summaries?

4. Discuss the roles and responsibilities of the Unit Owners versus the Condominium Association as defined by CC&R Sections 3.10, 3.10.2, 3.10.4, and 13.1.1. How did the interpretation of these sections ultimately determine the outcome of the case?

5. Examine the external factors mentioned in the hearings, such as the Petitioner’s divorce, the market value of his unit, and communications with the Maricopa County Flood Control District. How did the Administrative Law Judge address these issues and determine their relevance (or irrelevance) to the central legal question?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings at the Office of Administrative Hearings. In this case, Diane Mihalsky presided over the initial hearing and Tammy L. Eigenheer presided over the rehearing.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set forth the rules for the Rancho Madera condominium development.

Common Elements

Areas within the condominium development designed for common use, such as areas for stormwater conveyance mentioned in the CC&Rs.

Drainage Easement Area

The eastern five feet of Units 9 through 18, over which a perpetual non-exclusive drainage easement was created for the purpose of stormwater drainage.

Drainage Improvements

The drainage channel constructed within the Drainage Easement Area, which may consist of decomposed granite, rip rap (large stones), or concrete.

Office of Administrative Hearings (OAH)

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies, such as the Department of Real Estate.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner is John A. Sellers.

Preponderance of the Evidence

The standard of proof in this administrative hearing. It is defined as evidence that is sufficient to incline a fair and impartial mind to one side of an issue rather than the other, making the contention more probably true than not.

Respondent

The party against whom a petition is filed. In this matter, the Respondent is the Rancho Madera Condominium Association.

Restrictive Covenant

A provision in a deed or other legal document that limits the use of a property. The CC&Rs in this case are a form of restrictive covenant.

Unit Owner

An individual who owns a condominium unit within the development and is a member of the owners’ association.






Blog Post – 19F-H1918010-REL-RHG


I Read an Entire HOA Lawsuit. Here Are 4 Shocking Lessons About Power, Rules, and Reality.

The Anatomy of a Neighborhood War

Living under a Homeowner’s Association (HOA) often means navigating a complex world of rules, regulations, and neighborhood politics. For most, disagreements are minor annoyances. But sometimes, a seemingly small issue can escalate into a full-blown legal war.

This is the story of one homeowner’s single-minded crusade against his HOA over a stormwater drainage channel he believed was a serious flooding risk. After filing a formal petition, the dispute escalated into a multi-stage legal battle that spanned nearly a year. The official court documents reveal that even after a judge ruled decisively against him, the homeowner doubled down, demanding a rare rehearing.

A deep dive into this protracted case reveals a fascinating and cautionary tale. The legal reasoning that ultimately settled the matter highlights several surprising lessons that apply to anyone living in a planned community.

1. Proving a Rule Was Broken Isn’t the Same as Proving Harm

The initial hearing, held before Administrative Law Judge Diane Mihalsky in late 2018, centered on a seemingly straightforward argument from the petitioner, John Sellers. He pointed out that his neighbors had placed plants—including large succulents, shrubs, and cacti—as well as chicken wire in a stormwater drainage channel. This, he argued, was a clear violation of the community’s Covenants, Conditions, and Restrictions (CC&Rs), which stated that no improvement “shall be constructed, installed or allowed to grow… that may… impede the flow of water.”

But in her December 26, 2018 decision, the judge ruled against him. While Sellers successfully proved the obstructions existed, he failed to meet the legal burden of proof that they actually “impede the flow of water.” His claim was defeated by testimony from the HOA President, Jeffrey Kaplan, who stated that the unit had never sustained any flood damage, not even during a “100-year storm in 2014.”

The lesson from this first round is stark: in this legal context, simply pointing out a technical rule break was not enough. The petitioner had to prove that the violation was causing a tangible, negative impact. Without evidence of actual harm or impeded water flow, the theoretical risk was insufficient to win the case.

2. An HOA’s “Right” to Enforce Is Not an “Obligation”

After losing the first round on a question of evidence, Sellers’ argument evolved. He requested a rehearing, which was granted, and the case landed before a new judge, Tammy L. Eigenheer, in the spring of 2019. This shifted the legal focus from physical proof of impeded water flow to a more fundamental question of the HOA’s duties.

Sellers argued that because safety and property values were at stake, the association had a duty to enforce the CC&Rs and compel his neighbors to clear the drainage channel. He contended that at a certain point, an organization’s “right” to act becomes an “obligation.”

The judge’s final decision on May 10, 2019, was clear, absolute, and is where the most powerful lesson of the entire case lies.

“While Respondent has the right to enforce the requirements that the Unit Owners keep the Drainage Easement Area clear, nothing in the CC&Rs provides that Respondent has an obligation to do so.”

This distinction is critical for any homeowner. An HOA can possess the legal power to act but may not be legally compelled to use it. According to the judge’s interpretation, the governing documents placed the responsibility for keeping the channel clear on the individual unit owners. The association’s only stated obligation was to repair damage after it happened, with the cost being billed back to the responsible party.

3. Outside Conflicts Can Cast a Long Shadow

Legal disputes are rarely just about the facts of the case. During the initial hearing, it was revealed that the petitioner was going through a “contentious divorce” and that the condo unit at the center of the dispute was a community asset being sold by the court.

The most dramatic evidence, however, came from an email written by the petitioner’s own wife, Debborah Sellers. The email, submitted as evidence by the HOA, directly undermined his claims about the severity of the drainage issue.

“There has never been any issue with the storm drain behind our house and it is not a major disclosure item… Stop making something out of nothing. AND I HOPE YOU AREN[’]T FREAKING POTENTIAL BUYERS AND OTHER REALTORS WITH THIS NONSENSE.”

In her decision, Judge Mihalsky officially stated that the divorce was “not relevant” to the technical question of whether the HOA violated the CC&Rs. However, she immediately added that the situation “cast a long shadow over his administrative complaint,” suggesting that the personal context, and especially the damaging email, severely harmed the petitioner’s credibility.

4. Writing Letters Isn’t the Same as Being Heard

Throughout the dispute, the petitioner made his concerns known by writing “many letters” to the HOA president. He was persistent in his written communications, attempting to force the issue onto the association’s radar.

Yet, this effort was contrasted with a notable lack of direct participation. According to the testimony of HOA President Kaplan during the first hearing, Sellers “never attended any of Respondent’s noticed Board meetings” where his concerns could have been discussed among the board members.

The HOA’s response to his letters was limited; it sent two general reminder letters to all residents in the affected area but did not take direct enforcement action against any specific homeowner. The practical takeaway is that to effect change or be taken seriously in an HOA dispute, visibility and participation are critical. Writing letters is a start, but attending official meetings to present a case in person can be a more effective strategy for ensuring an issue is formally addressed.

A Cautionary Tale for Any Homeowner

What began as a seemingly straightforward complaint about drainage and rule enforcement devolved into a legal battle that consumed nearly a year, involving two multi-day hearings before two different administrative law judges. The petitioner lost his case on the evidence, then lost it again on the law.

It serves as a potent cautionary tale, demonstrating that in the world of HOA disputes, the obvious path is not always the winning one. It leaves every homeowner with a final, thought-provoking question to ponder: When you see a problem in your community, how do you decide if a fight is worth the cost—not just in money, but in time, credibility, and peace?


Case Participants

Petitioner Side

  • John A Sellers (petitioner)
    Appeared on his own behalf

Respondent Side

  • Edward D. O'Brien (respondent attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC/LLP
  • Edith I. Rudder (respondent attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC/LLP
  • Jeffrey Kaplan (board president/witness)
    Rancho Madera Condominium Association
    President of Respondent, testified

Neutral Parties

  • Diane Mihalsky (ALJ)
    Office of Administrative Hearings
    ALJ for initial proceedings
  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    ALJ for rehearing proceedings
  • Judy Lowe (commissioner (ADRE))
    Arizona Department of Real Estate
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • ncano (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • c. serrano (clerk)
    Office of Administrative Hearings
    Transmittal/filing clerk
  • F. Del Sol (clerk)
    Office of Administrative Hearings
    Transmittal/filing clerk

Other Participants

  • Debborah Sellers (witness/spouse)
    Petitioner's wife, testimony via email submitted by Respondent

John A Sellers v. Rancho Madera Condominium Association

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

Case Summary

Case ID 19F-H1918010-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-05-10
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John A Sellers Counsel
Respondent Rancho Madera Condominium Association Counsel Edward D. O'Brien, Edith I. Rudder

Alleged Violations

CC&Rs § 3.10, 3.10.2, 3.10.4

Outcome Summary

The Administrative Law Judge dismissed the petition following a rehearing, concluding that the Petitioner failed to meet the burden of proof by establishing that the Respondent HOA violated its CC&Rs. The governing documents grant the HOA the right, but not the obligation, to enforce maintenance duties specifically assigned to Unit Owners concerning the drainage easement.

Why this result: Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs because the HOA was found to have a right to enforce maintenance of the drainage easement, but not a mandatory obligation to do so under the terms of the CC&Rs.

Key Issues & Findings

HOA failure to enforce unit owner maintenance obligations regarding stormwater drainage easement

Petitioner alleged that the Respondent HOA violated the CC&Rs by failing to enforce unit owner responsibility to keep the stormwater drainage area free of obstructions like vegetation and fencing materials, potentially causing a risk of flooding to his unit.

Orders: The petition was dismissed. The Administrative Law Judge determined that the CC&Rs assign Unit Owners the responsibility to clear the drainage area and grant the HOA the right, but not an obligation, to enforce this maintenance.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Analytics Highlights

Topics: HOA, CC&Rs, Drainage Easement, Enforcement Obligation, Condominium Unit Owner
Additional Citations:

  • A.R.S. § 32-2199.01
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Video Overview

Audio Overview

Decision Documents

19F-H1918010-REL-RHG Decision – 706533.pdf

Uploaded 2026-01-23T17:26:28 (42.2 KB)

19F-H1918010-REL-RHG Decision – 707530.pdf

Uploaded 2026-01-23T17:26:34 (111.5 KB)

19F-H1918010-REL-RHG Decision – ../19F-H1918010-REL/667122.pdf

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19F-H1918010-REL-RHG Decision – ../19F-H1918010-REL/678371.pdf

Uploaded 2026-01-23T17:26:40 (129.5 KB)





Briefing Doc – 19F-H1918010-REL-RHG


Dispute Analysis: Sellers vs. Rancho Madera Condominium Association

Executive Summary

This briefing document synthesizes the legal proceedings and outcomes of a dispute between homeowner John A. Sellers (Petitioner) and the Rancho Madera Condominium Association (Respondent). The core of the conflict was Mr. Sellers’ allegation that the Association violated its Covenants, Conditions, and Restrictions (CC&Rs) by failing to compel other homeowners to remove vegetation and fencing from a common stormwater drainage channel, thereby creating a flood risk to his property, Unit 12.

The case was adjudicated by the Arizona Office of Administrative Hearings (OAH) in a process that included an initial hearing, a decision, a granted request for rehearing, and a final binding decision. In both instances, the Administrative Law Judge ruled against the Petitioner.

The initial decision, issued in December 2018, concluded that Mr. Sellers failed to provide sufficient evidence that the materials in the channel actually impeded water flow or posed an unreasonable flood risk. The ruling highlighted that the channel had functioned as intended since 2012 without any flooding incidents. Following a rehearing in April 2019, the second and final decision in May 2019 reinforced this conclusion. It further clarified a crucial distinction in the CC&Rs: while the Association possesses the right to enforce maintenance rules upon homeowners, the governing documents do not impose an explicit obligation to do so proactively before any damage has occurred. The responsibility for maintaining the drainage area rests with the individual unit owners, and the Association’s primary duty is to repair damages after the fact, billing the responsible owner. The petition was ultimately dismissed.

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I. Case Overview

This case documents a formal complaint filed by a homeowner against his condominium association, which was resolved through the Arizona Department of Real Estate and the Office of Administrative Hearings.

Case Number: 19F-H1918010-REL

Petitioner: John A. Sellers, owner of Unit 12 in Rancho Madera

Respondent: Rancho Madera Condominium Association, a 46-unit development in Cave Creek, Arizona.

Venue: Arizona Office of Administrative Hearings (OAH)

Key Chronology of Events

Aug 23, 2018

Petitioner files a single-issue petition with the Arizona Department of Real Estate.

Oct 23, 2018

An OAH order vacates the initial hearing after the Petitioner indicates a wish to withdraw the petition.

Nov 5, 2018

The first evidentiary hearing convenes, indicating the withdrawal was rescinded.

Dec 12, 2018

The first evidentiary hearing concludes.

Dec 26, 2018

Administrative Law Judge Diane Mihalsky issues a decision denying the petition.

Feb 1, 2019

Petitioner files a Rehearing Request with the Commissioner of the Department of Real Estate.

Feb 22, 2019

The Commissioner grants the Rehearing Request.

Apr 15, 2019

The rehearing convenes and concludes before Administrative Law Judge Tammy L. Eigenheer.

May 7, 2019

OAH issues an order striking a supplemental, post-hearing filing by the Petitioner from the record.

May 10, 2019

Judge Eigenheer issues a final Administrative Law Judge Decision, again dismissing the petition.

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II. Petitioner’s Core Allegation

Mr. Sellers’ petition was based on a single issue: the alleged violation of Section 3.10 of the Association’s CC&Rs.

The Violation: The Petitioner claimed the Association failed in its duty to require owners of “Drainage Easement Units” to remove obstructions from a shared stormwater channel.

The Obstructions: The materials of concern included “large succulents, shrubs, and cacti” growing in the drainage area’s rip-rap, as well as chicken wire that at least one owner had installed to contain a pet.

The Perceived Risk: Mr. Sellers testified that these items “could catch storm debris and cause the drainage channel to become clogged,” leading to a risk of flooding for his Unit 12. He submitted videos of heavy rains and flooding in other parts of Cave Creek as evidence of the potential danger.

Financial Impact Claim: The Petitioner was undergoing a contentious divorce, and Unit 12, as a community asset, was for sale under a court order. He asserted that the unresolved drainage issue and his required disclosure of the dispute had reduced the unit’s market price by $40,000.

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III. Respondent’s Position and Actions

The Rancho Madera Condominium Association, represented by its President, Jeffrey Kaplan, denied any violation of the CC&Rs and presented a multi-faceted defense.

Lack of Historical Precedent: Mr. Kaplan, an owner since 2012, testified that water had never entered the property from the east, and Unit 12 had never sustained any damage from flooding. This held true even during a “100-year storm in 2014.” After a significant rainstorm in August 2018, he personally inspected the drainage easement and “did not see any water in it.”

Origin of Vegetation: Mr. Kaplan stated that the builder had originally planted the vegetation in the drainage easement that was shown in the Petitioner’s photographic evidence.

Proactive Communication: To address the Petitioner’s concerns, the Board instructed its management company to act. Letters were sent to the relevant homeowners on April 18, 2018, and July 19, 2018, reminding them of their responsibility to keep the easement free of obstructions.

Jurisdictional Confirmation: Mr. Kaplan contacted officials from the Maricopa County Flood Control District and the Town of Cave Creek. Both agencies confirmed the drainage area was not on any official floodplain map, and therefore, the Association was “solely responsible” for its maintenance and enforcement.

Contradictory Evidence: The Association submitted a June 22, 2018 email from the Petitioner’s wife, Debborah Sellers, which directly contradicted the Petitioner’s claims. She wrote, “There has never been any issue with the storm drain behind our house and it is not a major disclosure item… Stop making something out of nothing.” She also referred to his claims as “nonsense.”

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IV. Analysis of Governing CC&Rs

The dispute centered on the interpretation of specific sections of the Rancho Madera CC&Rs. The judges in both hearings analyzed these sections to determine the respective duties of the homeowners and the Association.

Section

Provision Summary

Key Language

Establishes a perpetual “Drainage Easement” over the eastern five feet of Units 9 through 18 for stormwater conveyance.

“…for the purpose of constructing, maintaining, repairing and replacing a drainage channel…”

3.10.2

Assigns the primary maintenance duty to the individual unit owners within the easement area.

“Each Unit Owner of a Drainage Easement Unit shall keep his Drainage Easement Area Free of weeds and other debris so that the stormwater can flow freely… No Improvement… shall be… allowed to grow… that may… impede the flow of water…”

3.10.4

Defines the Association’s role in the event of damage resulting from a unit owner’s failure to maintain the easement.

“If the failure of one Unit Owner to maintain his Drainage Easement Area… results in damage… the Association shall repair or replace such damage… and the cost… shall be paid by the Unit Owner that caused the damage…”

13.1.1

Grants the Association the power to enforce the CC&Rs.

“The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants…”

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V. Administrative Law Judge Decisions and Rationale

The Petitioner’s case was heard twice and denied both times, with the second decision providing a definitive interpretation of the Association’s duties under the CC&Rs.

Initial Decision (December 26, 2018)

Presiding Judge: Diane Mihalsky

Conclusion: The Petitioner failed to meet his burden of proof “by a preponderance of the evidence.”

Rationale: The judge found a critical failure in the Petitioner’s evidence. While he successfully “established that there are some plants and chicken wire in the stormwater drainage canal,” he “did not establish that the plants or chicken wire impede the flow of water.” The Respondent, in contrast, successfully established that the channel had always “functioned as intended” and that “Unit 12 has never flooded.” The judge concluded there was “no unreasonable risk that Unit 12 will flood.”

Order: The petition was denied.

Rehearing and Final Decision (May 10, 2019)

Presiding Judge: Tammy L. Eigenheer

Context: The rehearing was granted based on the Petitioner’s claims of procedural irregularities and legal errors in the first hearing.

Petitioner’s Refined Argument: During the rehearing, the Petitioner argued that the Association’s right to enforce the CC&Rs (under Section 13.1.1) becomes an obligation when safety and property values are affected.

Conclusion: The petition was dismissed.

Rationale: The final decision hinged on a strict interpretation of the CC&Rs. The judge determined that the documents create a clear hierarchy of responsibility:

1. Unit Owners: Bear the primary responsibility for keeping the easement clear (Section 3.10.2).

2. The Association: Has a responsibility to act only after damage occurs due to an owner’s failure, at which point it must repair the damage and bill the responsible owner (Section 3.10.4).

Final Legal Interpretation: The judge concluded, “While Respondent has the right to enforce the requirements that the Unit Owners keep the Drainage Easement Area clear, nothing in the CC&Rs provides that Respondent has an obligation to do so.” The petition was dismissed because the Petitioner could not prove the Association had violated any actual obligation laid out in the governing documents. This decision was issued as final and binding on the parties.






Study Guide – 19F-H1918010-REL-RHG


Study Guide: Case No. 19F-H1918010-REL, Sellers v. Rancho Madera Condominium Association

This guide provides a detailed review of the administrative legal proceedings between Petitioner John A. Sellers and Respondent Rancho Madera Condominium Association. It is designed to assess comprehension of the case’s facts, legal arguments, and procedural history.

Short-Answer Quiz

Answer each question in 2-3 sentences based on the information provided in the source documents.

1. What was the central allegation John A. Sellers filed against the Rancho Madera Condominium Association on August 23, 2018?

2. Identify the specific sections of the Covenants, Conditions, and Restrictions (CC&Rs) that were central to the dispute.

3. Who is responsible for maintaining the Drainage Easement Area according to CC&R § 3.10.2?

4. What actions did the Association’s management company take in response to the Petitioner’s concerns?

5. What was the testimony of Jeffrey Kaplan, the Association’s President, regarding the history of flooding at Rancho Madera?

6. Why did the Commissioner of the Department of Real Estate grant the Petitioner’s request for a rehearing?

7. What was the procedural outcome of Petitioner Sellers’ attempt to submit supplemental arguments after the April 15, 2019, rehearing?

8. How did Administrative Law Judge Tammy L. Eigenheer distinguish between a “right to enforce” and an “obligation to enforce” in her final decision?

9. What evidence did the Petitioner present to support his claim that the drainage channel was at risk of clogging?

10. What was the final ruling in the Administrative Law Judge Decision dated May 10, 2019?

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Answer Key

1. Petitioner John A. Sellers alleged that the Association had violated its CC&Rs, specifically § 3.10, by failing to require condominium owners to remove vegetation and fencing materials from the stormwater channel. Sellers claimed this failure created a risk of flooding for his unit.

2. The central CC&R sections were § 3.10, which establishes the stormwater drainage easement; § 3.10.2, which outlines the maintenance responsibilities of Unit Owners; § 3.10.4, which details the Association’s role in repairing damages; and § 13.1.1, which grants the Association the right to enforce the CC&Rs.

3. According to CC&R § 3.10.2, each individual Unit Owner of a Drainage Easement Unit is responsible for keeping their respective Drainage Easement Area free of weeds and other debris. The text explicitly states that no improvements, including plants, should be allowed that might impede the flow of water.

4. To address the Petitioner’s concerns, the Association’s management company sent letters to the owners of the Drainage Easement Units on April 18, 2018, and July 19, 2018. These letters reminded the owners of their responsibility to keep the easement area clear of obstructions and debris.

5. Jeffrey Kaplan testified that he bought one of the first units in 2012 and that water has never entered Rancho Madera from the east. He specifically noted that no flooding occurred even during the 100-year storm in 2014, and that after a significant rainstorm in August 2018, he inspected the easement and saw no water in it.

6. The Commissioner granted the Rehearing Request “for the reasons outlined in the Petitioners’ Rehearing Request.” The request itself alleged irregularity in the proceedings, newly discovered evidence, errors in the admission of evidence, and that the original decision was arbitrary, capricious, or contrary to law.

7. After the rehearing concluded, the Petitioner submitted supplemental authority and argument. The Respondent argued this filing was untimely, and Administrative Law Judge Tammy L. Eigenheer ordered the filing to be stricken from the record and closed the record on May 7, 2019.

8. Judge Eigenheer’s decision concluded that while the Association has the right to enforce the CC&Rs under § 13.1.1, nothing in the documents creates an obligation for it to proactively do so regarding maintenance. The only obligation specified is to repair damage after it occurs, with the cost being billed to the responsible unit owner.

9. The Petitioner provided photographs showing large succulents, shrubs, and cacti growing in the rip rap of the Drainage Easement Area. He also showed at least one instance where chicken wire had been placed across the channel to contain a pet, testifying that these items could catch storm debris and cause a clog.

10. The final ruling, issued on May 10, 2019, was that the Petitioner failed to establish by a preponderance of the evidence that the Respondent violated Section 3.10 of the CC&Rs. Therefore, the petition was dismissed, and no action was required of the Respondent.

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Essay Questions

Construct detailed essay responses to the following prompts, drawing exclusively from the provided source documents to support your analysis.

1. Trace the complete procedural history of case No. 19F-H1918010-REL from the initial petition to the final order. Detail the key dates, presiding judges, significant filings, and the outcome of each stage of the proceedings.

2. Analyze the legal reasoning used by the Administrative Law Judges in both the initial decision (December 26, 2018) and the rehearing decision (May 10, 2019). Compare and contrast their interpretations of the CC&Rs and the standard of “preponderance of the evidence.”

3. Evaluate the evidence and arguments presented by both the Petitioner, John A. Sellers, and the Respondent, represented by Jeffrey Kaplan. What were the strengths and weaknesses of each party’s case as detailed in the hearing summaries?

4. Discuss the roles and responsibilities of the Unit Owners versus the Condominium Association as defined by CC&R Sections 3.10, 3.10.2, 3.10.4, and 13.1.1. How did the interpretation of these sections ultimately determine the outcome of the case?

5. Examine the external factors mentioned in the hearings, such as the Petitioner’s divorce, the market value of his unit, and communications with the Maricopa County Flood Control District. How did the Administrative Law Judge address these issues and determine their relevance (or irrelevance) to the central legal question?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings at the Office of Administrative Hearings. In this case, Diane Mihalsky presided over the initial hearing and Tammy L. Eigenheer presided over the rehearing.

CC&Rs (Covenants, Conditions, and Restrictions)

The governing legal documents that set forth the rules for the Rancho Madera condominium development.

Common Elements

Areas within the condominium development designed for common use, such as areas for stormwater conveyance mentioned in the CC&Rs.

Drainage Easement Area

The eastern five feet of Units 9 through 18, over which a perpetual non-exclusive drainage easement was created for the purpose of stormwater drainage.

Drainage Improvements

The drainage channel constructed within the Drainage Easement Area, which may consist of decomposed granite, rip rap (large stones), or concrete.

Office of Administrative Hearings (OAH)

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies, such as the Department of Real Estate.

Petitioner

The party who files a petition initiating a legal case. In this matter, the Petitioner is John A. Sellers.

Preponderance of the Evidence

The standard of proof in this administrative hearing. It is defined as evidence that is sufficient to incline a fair and impartial mind to one side of an issue rather than the other, making the contention more probably true than not.

Respondent

The party against whom a petition is filed. In this matter, the Respondent is the Rancho Madera Condominium Association.

Restrictive Covenant

A provision in a deed or other legal document that limits the use of a property. The CC&Rs in this case are a form of restrictive covenant.

Unit Owner

An individual who owns a condominium unit within the development and is a member of the owners’ association.






Blog Post – 19F-H1918010-REL-RHG


I Read an Entire HOA Lawsuit. Here Are 4 Shocking Lessons About Power, Rules, and Reality.

The Anatomy of a Neighborhood War

Living under a Homeowner’s Association (HOA) often means navigating a complex world of rules, regulations, and neighborhood politics. For most, disagreements are minor annoyances. But sometimes, a seemingly small issue can escalate into a full-blown legal war.

This is the story of one homeowner’s single-minded crusade against his HOA over a stormwater drainage channel he believed was a serious flooding risk. After filing a formal petition, the dispute escalated into a multi-stage legal battle that spanned nearly a year. The official court documents reveal that even after a judge ruled decisively against him, the homeowner doubled down, demanding a rare rehearing.

A deep dive into this protracted case reveals a fascinating and cautionary tale. The legal reasoning that ultimately settled the matter highlights several surprising lessons that apply to anyone living in a planned community.

1. Proving a Rule Was Broken Isn’t the Same as Proving Harm

The initial hearing, held before Administrative Law Judge Diane Mihalsky in late 2018, centered on a seemingly straightforward argument from the petitioner, John Sellers. He pointed out that his neighbors had placed plants—including large succulents, shrubs, and cacti—as well as chicken wire in a stormwater drainage channel. This, he argued, was a clear violation of the community’s Covenants, Conditions, and Restrictions (CC&Rs), which stated that no improvement “shall be constructed, installed or allowed to grow… that may… impede the flow of water.”

But in her December 26, 2018 decision, the judge ruled against him. While Sellers successfully proved the obstructions existed, he failed to meet the legal burden of proof that they actually “impede the flow of water.” His claim was defeated by testimony from the HOA President, Jeffrey Kaplan, who stated that the unit had never sustained any flood damage, not even during a “100-year storm in 2014.”

The lesson from this first round is stark: in this legal context, simply pointing out a technical rule break was not enough. The petitioner had to prove that the violation was causing a tangible, negative impact. Without evidence of actual harm or impeded water flow, the theoretical risk was insufficient to win the case.

2. An HOA’s “Right” to Enforce Is Not an “Obligation”

After losing the first round on a question of evidence, Sellers’ argument evolved. He requested a rehearing, which was granted, and the case landed before a new judge, Tammy L. Eigenheer, in the spring of 2019. This shifted the legal focus from physical proof of impeded water flow to a more fundamental question of the HOA’s duties.

Sellers argued that because safety and property values were at stake, the association had a duty to enforce the CC&Rs and compel his neighbors to clear the drainage channel. He contended that at a certain point, an organization’s “right” to act becomes an “obligation.”

The judge’s final decision on May 10, 2019, was clear, absolute, and is where the most powerful lesson of the entire case lies.

“While Respondent has the right to enforce the requirements that the Unit Owners keep the Drainage Easement Area clear, nothing in the CC&Rs provides that Respondent has an obligation to do so.”

This distinction is critical for any homeowner. An HOA can possess the legal power to act but may not be legally compelled to use it. According to the judge’s interpretation, the governing documents placed the responsibility for keeping the channel clear on the individual unit owners. The association’s only stated obligation was to repair damage after it happened, with the cost being billed back to the responsible party.

3. Outside Conflicts Can Cast a Long Shadow

Legal disputes are rarely just about the facts of the case. During the initial hearing, it was revealed that the petitioner was going through a “contentious divorce” and that the condo unit at the center of the dispute was a community asset being sold by the court.

The most dramatic evidence, however, came from an email written by the petitioner’s own wife, Debborah Sellers. The email, submitted as evidence by the HOA, directly undermined his claims about the severity of the drainage issue.

“There has never been any issue with the storm drain behind our house and it is not a major disclosure item… Stop making something out of nothing. AND I HOPE YOU AREN[’]T FREAKING POTENTIAL BUYERS AND OTHER REALTORS WITH THIS NONSENSE.”

In her decision, Judge Mihalsky officially stated that the divorce was “not relevant” to the technical question of whether the HOA violated the CC&Rs. However, she immediately added that the situation “cast a long shadow over his administrative complaint,” suggesting that the personal context, and especially the damaging email, severely harmed the petitioner’s credibility.

4. Writing Letters Isn’t the Same as Being Heard

Throughout the dispute, the petitioner made his concerns known by writing “many letters” to the HOA president. He was persistent in his written communications, attempting to force the issue onto the association’s radar.

Yet, this effort was contrasted with a notable lack of direct participation. According to the testimony of HOA President Kaplan during the first hearing, Sellers “never attended any of Respondent’s noticed Board meetings” where his concerns could have been discussed among the board members.

The HOA’s response to his letters was limited; it sent two general reminder letters to all residents in the affected area but did not take direct enforcement action against any specific homeowner. The practical takeaway is that to effect change or be taken seriously in an HOA dispute, visibility and participation are critical. Writing letters is a start, but attending official meetings to present a case in person can be a more effective strategy for ensuring an issue is formally addressed.

A Cautionary Tale for Any Homeowner

What began as a seemingly straightforward complaint about drainage and rule enforcement devolved into a legal battle that consumed nearly a year, involving two multi-day hearings before two different administrative law judges. The petitioner lost his case on the evidence, then lost it again on the law.

It serves as a potent cautionary tale, demonstrating that in the world of HOA disputes, the obvious path is not always the winning one. It leaves every homeowner with a final, thought-provoking question to ponder: When you see a problem in your community, how do you decide if a fight is worth the cost—not just in money, but in time, credibility, and peace?


Case Participants

Petitioner Side

  • John A Sellers (petitioner)
    Appeared on his own behalf

Respondent Side

  • Edward D. O'Brien (respondent attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC/LLP
  • Edith I. Rudder (respondent attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC/LLP
  • Jeffrey Kaplan (board president/witness)
    Rancho Madera Condominium Association
    President of Respondent, testified

Neutral Parties

  • Diane Mihalsky (ALJ)
    Office of Administrative Hearings
    ALJ for initial proceedings
  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    ALJ for rehearing proceedings
  • Judy Lowe (commissioner (ADRE))
    Arizona Department of Real Estate
  • LDettorre (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • ncano (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official orders
  • c. serrano (clerk)
    Office of Administrative Hearings
    Transmittal/filing clerk
  • F. Del Sol (clerk)
    Office of Administrative Hearings
    Transmittal/filing clerk

Other Participants

  • Debborah Sellers (witness/spouse)
    Petitioner's wife, testimony via email submitted by Respondent

Brad W. Stevens vs. Mogollon Aripark, Inc.,

Case Summary

Case ID 18F-H1818029-REL-RHG, 18F-H1818045-REL, 18F-H1818054-REL, 18F-H1818054-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-03-01
Administrative Law Judge Thomas Shedden
Outcome partial
Filing Fees Refunded $1,500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Warren R. Brown Counsel
Respondent Mogollon Airpark, Inc. Counsel Gregory A. Stein, Esq.; Mark K. Sahl, Esq.

Alleged Violations

A.R.S. § 33-1803(A)
A.R.S. § 33-1803(A)
A.R.S. § 33-1803(A)

Outcome Summary

The ALJ ruled that Mogollon Airpark, Inc. violated A.R.S. § 33-1803(A) by charging a $25 late fee, as the statutory limit applies to all assessments,. However, the ALJ found no violation regarding the $325 assessment increase because the $209 portion was a special assessment and the remaining regular increase did not exceed the 20% limit,,.

Why this result: The Petitioners' primary loss on the assessment cap issue was due to a failed legal interpretation that 'regular assessment' encompasses all assessments, a view the ALJ found would render statutory language redundant,.

Key Issues & Findings

Challenge to $325 Assessment Increase (Docket 029-RHG)

Petitioner Brown argued that 'regular assessment' refers to the procedure (motion, second, vote) and thus the entire $325 increase should be subject to the 20% cap,. The ALJ rejected this, finding that $116 was a regular increase (14.1%) and $209 was a special assessment, to which the cap did not apply,.

Orders: Petition in Docket No. 18F-H1818029-REL-RHG is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803(A)
  • Deer Valley v. Houser

Excessive Late Fee and Interest (Docket 045)

Petitioner Brown alleged that the $25 late charge and interest rate exceeded the limits of A.R.S. § 33-1803(A). The ALJ ruled that the statutory limit on late fees applies to all 'assessments', not just 'regular assessments', and found the HOA in violation,.

Orders: Respondent must rescind the $25 late fee and pay Petitioner his $500 filing fee within thirty days.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1803(A)
  • U.S. Parking Sys v. City of Phoenix

Challenge to $325 Assessment Increase (Docket 054 & Rehearing)

Petitioner Stevens argued the entire $325 must be a regular assessment because the HOA lacked authority to impose special assessments or used deceptive accounting to justify the increase,,. The ALJ found that 'regular assessment' is a specific type of assessment and the $116 increase (14.1%) did not exceed the cap,,.

Orders: Petition in Docket No. 18F-H1818054-REL and the subsequent rehearing are dismissed,.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803(A)
  • A.R.S. § 33-1806
  • Northwest Fire District v. U.S. Home of Arizona

Analytics Highlights

Topics: Assessment Increase Cap, Regular Assessment vs Special Assessment, Late Fee Limit, Statutory Construction, Accounting Impropriety Allegations, Rehearing, Consolidated Matter
Additional Citations:

  • A.R.S. § 33-1803(A)
  • A.R.S. § 33-1806
  • A.R.S. § 32-2199.02(B)
  • A.R.S. Title 32, Ch. 20, Art. 11
  • A.A.C. § R2-19-119
  • Deer Valley v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
  • U.S. Parking Sys v. City of Phoenix, 160 Ariz. 210, 211, 772 P.2d 33, 34 (App. 1989)
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • Northwest Fire District v. U.S. Home of Arizona, 215 Ariz. 492 (2007)

Decision Documents

18F-H1818054-REL Decision – 666285.pdf

Uploaded 2025-12-19T15:21:24 (151.9 KB)

18F-H1818054-REL Decision – 672623.pdf

Uploaded 2025-12-19T15:21:25 (144.6 KB)

Case Participants

Petitioner Side

  • Warren R. Brown (petitioner)
    Appeared on his own behalf
  • Brad W. Stevens (petitioner)
    Appeared on his own behalf and testified

Respondent Side

  • Gregory A. Stein (respondent attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
    Counsel for Respondent, referred to as Greg Stein in rehearing
  • Mark K. Sahl (respondent attorney)
    CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
    Counsel for Respondent (also spelled Sahl/Saul)

Neutral Parties

  • Thomas Shedden (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (commissioner)
    Arizona Department of Real Estate
  • Felicia Del Sol (staff/clerk)
    Transmitting staff

Travis Prall v. Villas at Tierra Buena Homeowners

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

Case Summary

Case ID 18F-H1818053-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-01-31
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Travis Prall Counsel
Respondent Villas at Tierra Buena HOA Counsel Lydia Pierce Linsmeier

Alleged Violations

CC&R Section 7.1.4

Outcome Summary

The Administrative Law Judge dismissed the petition following a rehearing, finding the homeowner failed to meet the burden of proof to show the HOA violated the CC&Rs (Section 7.1.4) by neglecting yard maintenance, specifically because the homeowner did not provide credible evidence that the landscaping at issue was 'originally installed by Declarant'.

Why this result: Petitioner failed to present credible evidence that the landscaping/tree in question was 'originally installed by Declarant', which was necessary to trigger the Respondent's maintenance obligation under CC&R Section 7.1.4.

Key Issues & Findings

The Petitioner alleges that the Villas at Tierra Buena Homeowner’s Association (Respondent) violated the Association’s CC&R’s Article 7.1 by neglecting yard maintenance in visible public yards.

Petitioner asserted the HOA was responsible for the maintenance and replacement of landscaping, specifically a tree, in his back yard under CC&R Section 7.1.4, claiming it was a Public Yard and the tree was originally installed by the Declarant. The HOA denied responsibility.

Orders: The Petition was dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 41-2198.01
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)

Analytics Highlights

Topics: HOA maintenance responsibility, CC&R interpretation, burden of proof, originally installed by declarant, public yard vs private yard, rehearing
Additional Citations:

  • A.R.S. § 41-2198.01
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)

Video Overview

Audio Overview

Decision Documents

18F-H1818053-REL-RHG Decision – 686236.pdf

Uploaded 2025-10-09T03:33:07 (116.2 KB)

18F-H1818053-REL-RHG Decision – ../18F-H1818053-REL/661820.pdf

Uploaded 2026-01-20T13:47:56 (107.3 KB)





Briefing Doc – 18F-H1818053-REL-RHG


Briefing: Prall v. Villas at Tierra Buena HOA

Executive Summary

This briefing synthesizes the findings from two administrative law hearings concerning a dispute between homeowner Travis Prall (Petitioner) and the Villas at Tierra Buena Homeowners Association (Respondent). The core of the conflict was the Petitioner’s allegation that the HOA violated its governing documents by failing to maintain landscaping—specifically a large tree—in his backyard, which he contended was a “Public Yard” under the community’s Covenants, Conditions, and Restrictions (CC&Rs).

The dispute culminated in two separate rulings by an Administrative Law Judge (ALJ), one in September 2018 and another following a rehearing in January 2019. In both instances, the petition was dismissed.

The central issue did not turn on the ambiguous definition of “Public Yard” vs. “Private Yard” in the CC&Rs, a point of significant debate between the parties. Instead, the case was decided on a critical qualifying phrase in the governing documents: the HOA’s maintenance obligation under Section 7.1.4 is limited to landscaping “as originally installed by Declarant” (the original developer).

The Petitioner failed to meet the burden of proof to establish that the tree in question was installed by the developer. In the initial hearing, this conclusion was based on inference. In the rehearing, the HOA presented credible witness testimony from a board member involved in the community’s initial sales, who stated that all homes were sold with no landscaping or irrigation in the backyards, which were “just dirt.” The ALJ found this to be the only credible evidence on the matter, leading to the final dismissal of the case.

Case Overview

Case Name

Travis Prall (Petitioner) vs. Villas at Tierra Buena HOA (Respondent)

Case Number

18F-H1818053-REL

Office of Administrative Hearings, Phoenix, Arizona

Presiding Judge

Administrative Law Judge Tammy L. Eigenheer

Core Allegation

The Petitioner alleged the HOA violated Section 7.1.4 of the CC&Rs by “neglecting yard maintenance in visible public yards.”

Factual Background and Timeline

The dispute is centered within the Villas at Tierra Buena, a gated community comprising 43 homes on the outer perimeter with tall block fences and 19 interior homes with four-foot-tall walls (two feet of block with a two-foot aluminum fence on top). The Petitioner owns one of these interior homes.

2010: Travis Prall purchases his home. He believes, based on his reading of the CC&Rs, that the HOA is responsible for maintaining both his front and back yards. A large tree is present in the backyard at the time of purchase.

2010–2013: Prall testifies that the HOA provided landscaping maintenance to his front and back yards during this period. The HOA denies ever providing maintenance to any backyards in the community.

July 26, 2014: A storm knocks over the tree in Prall’s backyard. Prall pays for its removal but asserts at the time that it was the HOA’s responsibility.

Post-2014: The tree regrows from the remaining stump.

2018: The HOA observes that the “pony wall” near the regrown tree is buckling. A repair company, Sun King Fencing & Gates, confirms “the reason the pony wall buckled was the tree roots in the area” and recommends the tree’s removal.

May 3, 2018: The HOA issues a “Courtesy Letter” to Prall, stating, “Please trim or remove the tree in the back yard causing damage to the pony wall.”

June 4, 2018: Prall files an HOA Dispute Process Petition with the Arizona Department of Real Estate.

September 4, 2018: The initial administrative hearing is held.

September 24, 2018: The ALJ issues a decision dismissing the petition.

Post-September 2018: Prall’s request for a rehearing is granted.

January 11, 2019: The rehearing is conducted.

January 31, 2019: The ALJ issues a final decision, again dismissing the petition.

Central Point of Contention: Interpretation of CC&Rs

The primary disagreement focused on whether the Petitioner’s enclosed but visible backyard constituted a “Public Yard” or a “Private Yard” under the CC&Rs. The HOA’s maintenance obligation under Section 7.1.4 applies only to Public Yards.

Relevant CC&R Sections

Section

Language

Respondent must “Replace and maintain all landscaping and other Improvements as originally installed by Declarant on the Public Yards of Lots…” (Emphasis added)

“‘Private Yard’ means that portion of a Yard which is enclosed or shielded from view by walls, fences, hedges or the like so that it is not generally Visible from Neighboring Property. ‘Public Yard’ means that portion of a Yard which is generally visible from Neighboring Property, whether or not it is located in front of, beside, or behind the Residential Dwelling.”

“‘Visible from Neighboring Property’ means, with respect to any given object, that such object is or would be visible to a person six feet tall standing on any part of such neighboring property…”

Competing Interpretations

Petitioner’s Interpretation: A yard is “Private” only if it is both enclosed/shielded AND not generally visible. Because his backyard is enclosed but visible through the four-foot wall/fence, he argued it qualifies as a “Public Yard” that the HOA must maintain.

Respondent’s Interpretation: A yard is “Private” if it is either enclosed or shielded from view. Because the Petitioner’s backyard is enclosed, it is a Private Yard, and the HOA has no maintenance responsibility.

While the ALJ acknowledged that “the language of the CC&Rs may lend itself to a reading that Respondent is responsible for the maintenance of the enclosed back yards,” she explicitly stated that the tribunal was “not required to reach that issue in this matter.” The case was decided on other grounds.

Analysis of Arguments and Evidence

The Petitioner bore the burden of proof to establish a violation by a preponderance of the evidence.

Petitioner’s Position (Travis Prall)

• Argued that the HOA performed backyard maintenance from 2010 to 2013, establishing a precedent.

• Posited that the large size of the tree when he bought the home in 2010 indicated it must have been planted by the original developer.

• Suggested that the presence of just two types of irrigation systems across the community, accessible from the front, implied a uniform developer installation for both front and back yards.

• Noted that his backyard sprinkler system wrapped around the tree, suggesting they were installed together by the developer.

Respondent’s Position (Villas at Tierra Buena HOA)

• Denied ever providing landscaping maintenance to any backyards, stating it only controls front yard irrigation and sprinkler systems.

• Raised liability concerns about maintenance workers entering residents’ enclosed backyards where pets could escape.

• Presented critical testimony from Board President Maureen Karpinski during the rehearing. Ms. Karpinski, a real estate agent who was involved with the community’s development and sales from 2002, stated that to her knowledge, none of the homes were sold with any landscaping or irrigation in the backyards, which were “just dirt.”

Administrative Law Judge’s Decisions and Rationale

The ALJ’s rulings in both hearings hinged on the specific requirement in Section 7.1.4 that the landscaping must have been “originally installed by Declarant.”

Initial Hearing Decision (September 24, 2018)

Ruling: The Petition was dismissed.

Rationale: The Petitioner failed to present evidence that the tree was installed by the developer. The ALJ noted that the tree had regrown to a significant height in approximately five years after being cut down in 2014. From this, she concluded that “it cannot be concluded that the tree in the photograph from 2010 was planted as part of the original landscape plan around 2000.”

Rehearing Decision (January 31, 2019)

Ruling: The Petition was dismissed.

Rationale: The ALJ found the Petitioner’s arguments to be “suppositions and inferences.” In contrast, she deemed the testimony of Maureen Karpinski to be “the only credible evidence offered regarding the landscaping of the homes.” Ms. Karpinski’s statement that backyards were sold as “just dirt” directly refuted the claim that any landscaping was “originally installed by Declarant.”

• The final conclusion stated: “As there was no evidence there was any landscaping or improvements originally installed by Declarant, there is no reason to conclude Respondent would be required to replace and maintain Petitioner’s back yard under the terms of Section 7.1.4 of the CC&Rs.”

Final Disposition

The Administrative Law Judge ordered that the Petition be dismissed. The order resulting from the rehearing was final and binding on the parties. Any further appeal would require seeking judicial review in the superior court within 35 days of the order.






Study Guide – 18F-H1818053-REL-RHG


Study Guide: Prall v. Villas at Tierra Buena HOA

This study guide provides a comprehensive review of the administrative case between Travis Prall and the Villas at Tierra Buena Homeowners Association, based on the legal decisions from September 2018 and January 2019. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms to facilitate a thorough understanding of the dispute, arguments, and legal reasoning involved.

Short-Answer Quiz

Answer each question in 2-3 sentences, based on the provided source context.

1. What specific violation of the community’s CC&Rs did the Petitioner, Travis Prall, allege in his petition?

2. What was the key physical difference between the backyards of the “interior homes” and the “exterior homes” in the Villas at Tierra Buena community?

3. What was the central point of disagreement between the Petitioner and the Respondent regarding the definition of a “Private Yard” versus a “Public Yard”?

4. According to Section 7.1.4 of the CC&Rs, what specific condition must be met for the HOA to be responsible for maintaining landscaping in a Public Yard?

5. What was the “Courtesy Letter” issued by the Respondent on May 3, 2018, and what did it request of the Petitioner?

6. What was the Petitioner’s primary argument for why the tree in his backyard must have been installed by the original developer?

7. What is the legal standard of proof the Petitioner was required to meet, and what does it mean?

8. In the first hearing, why did the Administrative Law Judge conclude that the tree was not part of the original landscape plan?

9. During the rehearing, what “credible evidence” was presented by the Respondent that refuted the Petitioner’s claims about original backyard landscaping?

10. Why did the Administrative Law Judge state that it was not necessary to rule on the interpretation of “Public Yard” vs. “Private Yard” in either decision?

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Answer Key

1. Petitioner Travis Prall alleged that the Villas at Tierra Buena HOA violated Section 7.1.4 of the Declaration of Covenants, Conditions, Restrictions and Easements (CC&Rs). The specific allegation was that the HOA neglected its duty for yard maintenance in visible public yards.

2. The exterior homes have six to seven-foot-tall block wall fences enclosing the backyards. The interior homes, like the Petitioner’s, have a shorter back wall, consisting of a two-foot-tall block wall topped with a two-foot-tall aluminum fence, making the backyards more visible.

3. The Petitioner argued that a yard must be both enclosed and not generally visible to be private, meaning his visible, enclosed yard was public. The Respondent argued that a yard was private if it was enclosed or shielded from view, meaning the Petitioner’s enclosed yard was private regardless of visibility.

4. According to Section 7.1.4, the HOA is required to “replace and maintain all landscaping and other Improvements as originally installed by Declarant on the Public Yards of Lots.” This means the landscaping in question must have been part of the original developer’s installation.

5. The “Courtesy Letter” was a notice from the HOA to the Petitioner concerning the tree in his backyard. It requested that he “Please trim or remove the tree in the back yard causing damage to the pony wall,” which had buckled due to the tree’s roots.

6. The Petitioner posited that the tree must have been installed by the developer due to its large size when he bought the home in 2010. He also noted that the backyard sprinkler system wrapped around the tree, suggesting they were installed together during original construction.

7. The Petitioner was required to meet the “preponderance of the evidence” standard. This standard is defined as proof that convinces the trier of fact that a contention is more probably true than not; it is the greater weight of evidence.

8. The judge noted that after the original tree was removed in 2014, the present tree grew to a similar height in approximately five years from the remaining stump. Therefore, the judge concluded that the tree’s size in 2010 did not prove it was planted as part of the original landscape plan around the year 2000.

9. The Respondent presented the testimony of Maureen Karpinski, the Board President and a real estate agent who sold homes in the community during its development. She stated that to the best of her knowledge, none of the homes were sold with any landscaping or irrigation in the backyards and that they were “just dirt.”

10. The judge did not need to rule on the yard definition because the Petitioner first had to prove the tree was “originally installed by the Declarant” per Section 7.1.4. Since the Petitioner failed to provide sufficient evidence for this foundational claim in both hearings, the question of whether the yard was public or private became irrelevant to the outcome.

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Suggested Essay Questions

These questions are designed to test a deeper, more analytical understanding of the case. Answers are not provided.

1. Explain the concept of “burden of proof” and analyze how the Petitioner’s failure to meet the “preponderance of the evidence” standard was the determining factor in the dismissal of his petition in both the initial hearing and the rehearing.

2. Provide a detailed analysis of the competing interpretations of “Private Yard” and “Public Yard” as defined in Section 1.38 of the CC&Rs. Discuss the arguments made by both the Petitioner and the Respondent and explain why, despite this being a central point of contention, the final ruling did not hinge on this issue.

3. Compare the evidence presented by Travis Prall with the evidence presented by the Villas at Tierra Buena HOA. How did the nature and credibility of the evidence, particularly witness testimony versus suppositions, influence the Administrative Law Judge’s final decision?

4. Trace the procedural history of this case, starting from the initial event that triggered the HOA’s notice through the final decision after the rehearing. What were the key decision points and legal options available to the parties at each stage?

5. Discuss the significance of Maureen Karpinski’s testimony in the rehearing. How did her personal and professional experience with the community’s development directly address the central weakness of the Petitioner’s case from the first hearing?

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Glossary of Key Terms

Definition

Administrative Law Judge

The judicial officer who presides over hearings at the Office of Administrative Hearings and issues legal decisions, in this case, Tammy L. Eigenheer.

An abbreviation for the Declaration of Covenants, Conditions,Restrictions and Easements, the legal documents that govern a planned community or HOA.

Common Area

Land within the community for the common use and enjoyment of the owners; the HOA is responsible for maintaining landscaping in these areas.

Courtesy Letter

A formal notice issued by the HOA to a resident. In this case, it was a letter dated May 3, 2018, requesting that the Petitioner trim or remove a tree causing damage to a wall.

Declarant

The original developer who installed the initial landscaping and improvements in the community.

An abbreviation for Homeowners Association. In this case, the Villas at Tierra Buena HOA, which was the Respondent.

Petitioner

The party who files a petition initiating a legal action. In this case, homeowner Travis Prall.

Preponderance of the evidence

The standard of proof in this case. It is defined as “such proof as convinces the trier of fact that the contention is more probably true than not” and represents the “greater weight of the evidence.”

Private Yard

As defined in Section 1.38 of the CC&Rs, it is the portion of a Yard “which is enclosed or shielded from view by walls, fences, hedges or the like so that it is not generally Visible from Neighboring Property.” The interpretation of this definition was a key dispute in the case.

Public Yard

As defined in Section 1.38 of the CC&Rs, it is the portion of a Yard “which is generally visible from Neighboring Property, whether or not it is located in front of, beside, or behind the Residential Dwelling.”

Respondent

The party against whom a petition is filed. In this case, the Villas at Tierra Buena HOA.

Visible from Neighboring Property

A term defined in Section 1.37 of the CC&Rs. An object is considered visible if it can be seen by a six-foot-tall person standing on a neighboring property, with a specific exception for objects visible only through a wrought iron fence.

As defined in Section 1.38 of the CC&Rs, it is “the portion of the Lot devoted to Improvements other than the Residential Dwelling.”






Blog Post – 18F-H1818053-REL-RHG


He Fought His HOA Over a Single Tree—And Lost Because of a Clause Everyone Missed

For many homeowners, the relationship with their Homeowners Association is a delicate balance of rules, fees, and occasional frustrations. It’s a familiar story: a dispute arises over a seemingly minor issue, and suddenly you’re deep in the weeds of your community’s governing documents, convinced you’re in the right.

This was exactly the position of homeowner Travis Prall. He believed the rules for his community, the Villas at Tierra Buena HOA, clearly stated they were responsible for maintaining a troublesome tree in his backyard. Confident in his interpretation of the Covenants, Conditions, and Restrictions (CC&Rs), he took his case to an administrative law judge.

But the outcome of his legal battle hinged not on the clause he was arguing, but on details everyone had overlooked. The way he lost—first in an initial hearing, and then decisively in a rehearing he himself requested—reveals crucial lessons for any homeowner hidden within the dense language of community documents.

The Definition You Debate Isn’t Always the One That Matters

The core of Mr. Prall’s argument was a battle of definitions. According to the CC&Rs, the HOA was responsible for maintaining “Public Yards.” The rules defined a “Public Yard” as any part of a yard “which is generally visible from Neighboring Property.” Even though his backyard was enclosed by a four-foot wall, it was visible to his neighbors, so he argued it qualified.

The HOA countered with its own interpretation. They pointed to the definition of a “Private Yard,” which included any yard that is “enclosed.” Since his yard was enclosed, they claimed, it was his responsibility, regardless of visibility.

The two sides were locked in a debate over these competing definitions. But in the first hearing, the judge delivered a surprising twist: the entire debate was irrelevant. The judge acknowledged that Prall’s reading of the rules might even be plausible but declared that the tribunal was “not required to reach that issue.” Why? Because Prall had failed to clear an even more fundamental hurdle first. The judge found that Prall had “failed to present any evidence that the tree at issue was originally installed by the Declarant,” a fatal flaw that sidestepped his primary argument entirely.

“While the language of the CC&Rs may lend itself to a reading that Respondent is responsible for the maintenance of the enclosed back yards of the interior homes even if that is contrary to the intention of the drafters of the CC&Rs, the tribunal is not required to reach that issue in this matter.”

Prall had lost the first round not because his interpretation was wrong, but because he hadn’t proven his case on a different, more critical point.

It All Comes Down to “As Originally Installed”

Unsatisfied with the outcome, Prall requested and was granted a rehearing—a second chance to make his case. But this second chance also gave the HOA an opportunity to sharpen its defense, and it zeroed in on the exact clause that had decided the first hearing.

The case was ultimately decided by Section 7.1.4. This clause stated the HOA was only responsible for landscaping “as originally installed by Declarant”—a legal term for the original developer of the community.

This single phrase shifted the entire focus of the dispute. The question was no longer about “Public vs. Private” yards, but about the historical fact of what the developer had installed when the homes were first built around the year 2000.

At the rehearing, the HOA introduced the knockout blow: the testimony of Maureen Karpinski, an early resident and real estate agent who had sold homes in the community during its construction. She testified that to her knowledge, none of the homes were sold with any landscaping in the backyards. Her exact description was that the yards were “just dirt.”

The judge found this to be the “only credible evidence offered.” It completely undermined Prall’s case. If the developer never installed any landscaping in the backyards, there was no “original” landscaping for the HOA to maintain. Their responsibility under the governing documents was zero.

“Suppositions and Inferences” Aren’t Enough

In any formal dispute, the person making a claim has the “burden of proof.” Mr. Prall needed to prove his case by a “preponderance of the evidence,” a legal standard meaning it was more likely true than not.

He tried to meet this burden with logical arguments. He “posited that, given the size of the tree” in a 2010 photograph, it must have been planted when the home was built. He added that the “sprinkler system in his back yard wrapped around the tree as further evidence” that they were installed together by the developer.

But these deductions failed to convince the judge. In the final decision after the rehearing, these arguments were dismissed as the petitioner’s “suppositions and inferences.”

This stands in stark contrast to the HOA’s evidence. While Prall offered logical conclusions, the HOA offered direct testimony from someone who was there at the beginning. This case underscores a fundamental legal truth: personal belief and common-sense deductions are no substitute for verifiable facts and credible, first-hand testimony.

The Final Word is in the Fine Print

This homeowner’s fight over a single tree serves as a powerful cautionary tale. He built a logical case based on his interpretation of a key definition, only to lose because of a clause and a historical fact he hadn’t sufficiently proven.

The lessons are clear. Winning a dispute requires understanding every relevant clause in the governing documents, not just the one that seems most obvious. It requires acknowledging that the history of the community can be more powerful than a present-day interpretation of the rules. And most importantly, it requires presenting concrete proof, not just strong beliefs.

For any homeowner in an HOA, this story poses a crucial question: When was the last time you read your HOA’s documents from start to finish, and what hidden details might be waiting for you?


Case Participants

Petitioner Side

  • Travis Prall (petitioner)

Respondent Side

  • Maureen Karpinski (board member)
    President of the Board; witness
  • Frank Peake (property manager)
    Pride Community Management
    Witness; Owner of Pride Community Management
  • Rebecca Stowers (community manager)
    Witness
  • Lydia Pierce Linsmeier (HOA attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP
  • Nicole Payne (HOA attorney)
    Carpenter, Hazlewood, Delgado & Bolen LLP

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    ADRE