Tag Archives: A.R.S. § 32-2199

Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association

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Case Summary

Case ID 24F-H045-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-06-26
Administrative Law Judge Sondra J. Vanella
Outcome The Petitioner's request was dismissed. The Administrative Law Judge determined that Petitioner failed to meet the burden of proof, as the restriction of access to the Townsquare forum was a unilateral decision made by Townsquare, a separate legal entity. The cited statutes and Bylaws regarding due process for violations of Project Documents were found inapplicable because Townsquare and its Terms of Use are not governed by the HOA’s Project Documents.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kenneth M. Halal Counsel —
Respondent Eagle Crest Ranch Homeowners Association Counsel Alexandra M. Kurtyka

Alleged Violations

A.R.S. §§ 33-1803, 33-1804; Bylaws Article 2.3, 5.2

Outcome Summary

The Petitioner's request was dismissed. The Administrative Law Judge determined that Petitioner failed to meet the burden of proof, as the restriction of access to the Townsquare forum was a unilateral decision made by Townsquare, a separate legal entity. The cited statutes and Bylaws regarding due process for violations of Project Documents were found inapplicable because Townsquare and its Terms of Use are not governed by the HOA’s Project Documents.

Why this result: Petitioner failed to meet the burden of proof, and the cited statutes and bylaw provisions were found inapplicable since the Townsquare platform is not owned or managed by the HOA, and the restriction was imposed solely by Townsquare based on its Terms of Use, which are not HOA Project Documents.

Key Issues & Findings

Due process violation regarding removal from HOA website forum (Townsquare Forum)

Petitioner alleged violation of A.R.S. §§ 33-1803 and 33-1804, and Bylaws 2.3 and 5.2, arguing the HOA failed to provide due process when restricting his access to the Townsquare online forum. The ALJ found the cited provisions inapplicable as the restriction was imposed solely by Townsquare, a third-party entity whose Terms of Use are not Project Documents.

Orders: Petition dismissed because Petitioner failed to prove by a preponderance of the evidence that Respondent violated the cited statutes or Bylaws.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1804
  • Bylaws Article 2.3
  • Bylaws Section 5.2

Analytics Highlights

Topics: HOA Dispute, Due Process, Online Forum, Townsquare, Third-Party Vendor, Project Documents
Additional Citations:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1804
  • A.R.S. § 32-2199
  • Bylaws Article 2.3
  • Bylaws Section 5.2
  • CC&Rs Article 1 Section 1.36
  • Townsquare Terms of Use

Video Overview

Audio Overview

Decision Documents

24F-H045-REL Decision – 1183806.pdf

Uploaded 2026-04-24T12:24:18 (61.3 KB)

24F-H045-REL Decision – 1186944.pdf

Uploaded 2026-04-24T12:24:21 (45.9 KB)

24F-H045-REL Decision – 1193702.pdf

Uploaded 2026-04-24T12:24:24 (171.0 KB)

24F-H045-REL Decision – 1183806.pdf

Uploaded 2026-01-23T18:08:33 (61.3 KB)

24F-H045-REL Decision – 1186944.pdf

Uploaded 2026-01-23T18:08:40 (45.9 KB)

24F-H045-REL Decision – 1193702.pdf

Uploaded 2026-01-23T18:08:55 (171.0 KB)

This summary details the proceedings, arguments, and final decision in the matter of *Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association (HOA)* (No. 24F-H045-REL) before the Office of Administrative Hearings.

Key Facts and Main Issue

The Petitioner, Kenneth M. Halal, filed a dispute petition alleging that the Respondent HOA failed to provide due process when he was removed from the Townsquare Forum (the HOA’s online website forum). The sole issue addressed was whether the Respondent violated Petitioner’s due process rights under A.R.S. §§ 33-1803 and 33-1804 and the HOA’s Bylaws Article 2.3 and 5.2.

Hearing Proceedings and Key Arguments

The Administrative Law Judge (ALJ) conducted a limited-scope hearing on June 10, 2024. Petitioner Halal represented himself.

Petitioner's Argument: Halal argued that the HOA had previously set a precedent by moderating and controlling the Townsquare Forum, thereby assuming responsibility and requiring it to follow its own project documents, including due process procedures (such as those related to fines and violations under A.R.S. § 33-1803 and Bylaw 5.2), before sanctioning a member.

Respondent's Argument: The HOA argued that the Townsquare platform is a separate legal entity, not owned, operated, or managed by the HOA. Donald Morris, a witness for the HOA, testified that only Townsquare, the platform owner, possesses the authority to restrict user access, not the HOA or its community manager, Associa Arizona. The restriction occurred because Petitioner's postings violated Townsquare's independent Terms of Use (T.O.U.) with content that was defamatory, used profanity, and contained derogatory language. Furthermore, the T.O.U. is not a "Project Document" as defined in the governing CC&Rs, rendering the cited due process provisions (Bylaws 2.3 and 5.2) inapplicable. The Board’s discussion of the matter occurred in executive session because it related to personal information, which is permissible under A.R.S. § 33-1804.

Outcome and Legal Points

The ALJ issued a decision finding that the Petitioner failed to meet the burden of proof by a preponderance of the evidence.

The ALJ made the following critical findings:

  1. Ownership and Control: Townsquare is a separate and distinct legal entity from the HOA, and the HOA has no control over Townsquare, its T.O.U., or its decisions.
  2. Restriction Decision: Townsquare made the unilateral decision to restrict Petitioner’s use of the forum based on its sole determination that Petitioner violated its T.O.U..
  3. Inapplicable Provisions: Townsquare’s T.O.U. is not a Project Document. Bylaws Article 2.3 (governing membership meeting notice) and Article 5.2 (governing violations of Project Documents and levying fines) were found inapplicable because the HOA had not levied a fine against Petitioner nor alleged a violation of HOA Project Documents.

The Petitioner’s Petition was dismissed.

Questions

Question

Can my HOA be held responsible if a third-party vendor (like a website or app) bans me from their platform?

Short Answer

No, not if the vendor is a separate legal entity that makes its own decisions regarding its Terms of Use.

Detailed Answer

The ALJ ruled that if a platform is a separate legal entity and the HOA has no control over its Terms of Use or decisions, the HOA is not responsible for the vendor's unilateral decision to restrict a user.

Alj Quote

Townsquare is a separate and distinct legal entity from Respondent and Respondent has no control over Townsquare, its Terms of Use, or its decisions.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • HOA obligations
  • third-party vendors
  • liability

Question

Are the 'Terms of Use' for a community website considered official HOA 'Project Documents'?

Short Answer

No, third-party Terms of Use are not considered Project Documents.

Detailed Answer

The decision clarified that terms set by a third-party vendor do not fall under the legal definition of Project Documents (like CC&Rs or Bylaws), meaning a violation of them is not a violation of HOA rules.

Alj Quote

Townsquare’s Terms of Use is not a Project Document as that term is defined in the CC&Rs Article 1, Section 1.36.

Legal Basis

Findings of Fact #18

Topic Tags

  • governing documents
  • definitions
  • online platforms

Question

Does the HOA have to provide notice and a hearing before I am restricted from an online forum?

Short Answer

Not if the restriction is by a third party and no fine is levied by the HOA.

Detailed Answer

The due process requirements (notice and hearing) found in HOA bylaws typically apply when the Board alleges a violation of Project Documents or levies a fine. They do not apply when a third party restricts access based on their own rules.

Alj Quote

The Administrative Law Judge finds that this section is inapplicable to this matter as the Board has not levied a fine against Petitioner, nor has the Board alleged a violation of the Project Documents by Petitioner.

Legal Basis

Findings of Fact #18

Topic Tags

  • due process
  • hearings
  • fines

Question

What specifically counts as a 'Project Document' in an Arizona HOA?

Short Answer

The Declaration, Articles, Bylaws, Association Rules, and Architectural Committee Rules.

Detailed Answer

The decision cites the specific definition from the CC&Rs, limiting Project Documents to the formal governing instruments of the association.

Alj Quote

Project Document means this Replacement Declaration, the Articles, the Bylaws, the Association Rules and the Architectural Committee Rules.

Legal Basis

Findings of Fact #4

Topic Tags

  • definitions
  • governing documents

Question

Does the HOA Board need to vote in an open meeting to ban a resident from a third-party app?

Short Answer

No, if the decision is made unilaterally by the app provider.

Detailed Answer

If the third-party entity makes the sole determination to restrict a user based on a violation of their Terms of Use, the HOA Board is not taking an action that requires a vote or meeting.

Alj Quote

In this case, Townsquare, a separate legal entity not affiliated with Respondent, made the unilateral decision to restrict Petitioner’s use of the platform based upon its sole decision that Petitioner violated its Terms of Use.

Legal Basis

Conclusions of Law #6

Topic Tags

  • open meetings
  • board voting
  • procedural requirements

Question

What is the burden of proof for a homeowner filing a complaint against their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their claims are more probably true than not. This is the standard evidentiary weight required in these administrative hearings.

Alj Quote

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

Legal Basis

Conclusions of Law #2

Topic Tags

  • legal standards
  • burden of proof

Question

Does a platform's 'Terms of Use' override the lack of HOA policy on social media?

Short Answer

Yes, the platform's rules apply independently of HOA documents.

Detailed Answer

Even if the HOA doesn't have a specific policy for the platform, the platform's own Terms of Use govern user behavior, and the platform is not governed by the HOA's documents.

Alj Quote

Townsquare is not governed by Respondent’s community documents and its Terms of Use are not Project Documents.

Legal Basis

Conclusions of Law #6

Topic Tags

  • social media
  • rules enforcement
  • jurisdiction

Case

Docket No
24F-H045-REL
Case Title
Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association
Decision Date
2024-06-26
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA be held responsible if a third-party vendor (like a website or app) bans me from their platform?

Short Answer

No, not if the vendor is a separate legal entity that makes its own decisions regarding its Terms of Use.

Detailed Answer

The ALJ ruled that if a platform is a separate legal entity and the HOA has no control over its Terms of Use or decisions, the HOA is not responsible for the vendor's unilateral decision to restrict a user.

Alj Quote

Townsquare is a separate and distinct legal entity from Respondent and Respondent has no control over Townsquare, its Terms of Use, or its decisions.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • HOA obligations
  • third-party vendors
  • liability

Question

Are the 'Terms of Use' for a community website considered official HOA 'Project Documents'?

Short Answer

No, third-party Terms of Use are not considered Project Documents.

Detailed Answer

The decision clarified that terms set by a third-party vendor do not fall under the legal definition of Project Documents (like CC&Rs or Bylaws), meaning a violation of them is not a violation of HOA rules.

Alj Quote

Townsquare’s Terms of Use is not a Project Document as that term is defined in the CC&Rs Article 1, Section 1.36.

Legal Basis

Findings of Fact #18

Topic Tags

  • governing documents
  • definitions
  • online platforms

Question

Does the HOA have to provide notice and a hearing before I am restricted from an online forum?

Short Answer

Not if the restriction is by a third party and no fine is levied by the HOA.

Detailed Answer

The due process requirements (notice and hearing) found in HOA bylaws typically apply when the Board alleges a violation of Project Documents or levies a fine. They do not apply when a third party restricts access based on their own rules.

Alj Quote

The Administrative Law Judge finds that this section is inapplicable to this matter as the Board has not levied a fine against Petitioner, nor has the Board alleged a violation of the Project Documents by Petitioner.

Legal Basis

Findings of Fact #18

Topic Tags

  • due process
  • hearings
  • fines

Question

What specifically counts as a 'Project Document' in an Arizona HOA?

Short Answer

The Declaration, Articles, Bylaws, Association Rules, and Architectural Committee Rules.

Detailed Answer

The decision cites the specific definition from the CC&Rs, limiting Project Documents to the formal governing instruments of the association.

Alj Quote

Project Document means this Replacement Declaration, the Articles, the Bylaws, the Association Rules and the Architectural Committee Rules.

Legal Basis

Findings of Fact #4

Topic Tags

  • definitions
  • governing documents

Question

Does the HOA Board need to vote in an open meeting to ban a resident from a third-party app?

Short Answer

No, if the decision is made unilaterally by the app provider.

Detailed Answer

If the third-party entity makes the sole determination to restrict a user based on a violation of their Terms of Use, the HOA Board is not taking an action that requires a vote or meeting.

Alj Quote

In this case, Townsquare, a separate legal entity not affiliated with Respondent, made the unilateral decision to restrict Petitioner’s use of the platform based upon its sole decision that Petitioner violated its Terms of Use.

Legal Basis

Conclusions of Law #6

Topic Tags

  • open meetings
  • board voting
  • procedural requirements

Question

What is the burden of proof for a homeowner filing a complaint against their HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner (Petitioner) must prove that their claims are more probably true than not. This is the standard evidentiary weight required in these administrative hearings.

Alj Quote

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

Legal Basis

Conclusions of Law #2

Topic Tags

  • legal standards
  • burden of proof

Question

Does a platform's 'Terms of Use' override the lack of HOA policy on social media?

Short Answer

Yes, the platform's rules apply independently of HOA documents.

Detailed Answer

Even if the HOA doesn't have a specific policy for the platform, the platform's own Terms of Use govern user behavior, and the platform is not governed by the HOA's documents.

Alj Quote

Townsquare is not governed by Respondent’s community documents and its Terms of Use are not Project Documents.

Legal Basis

Conclusions of Law #6

Topic Tags

  • social media
  • rules enforcement
  • jurisdiction

Case

Docket No
24F-H045-REL
Case Title
Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association
Decision Date
2024-06-26
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Kenneth M. Halal (petitioner)
  • Margot Castro (witness)
  • Patricia Schell (witness)
    Also referred to as Patricia Shell

Respondent Side

  • Alexandra M. Kurtyka (HOA attorney)
    CHDB Law LLP
  • Mark K. Sahl (HOA attorney)
    CHDB Law LLP
  • Donald A. Morris (board member)
    Eagle Crest Ranch Homeowners Association
    Testified as witness for Respondent; former President of the Board
  • Claudia Oberthier (witness)
    Spelled as 'O B E R T H I E R' during appearance; initially listed as 'Claudia Albert'
  • Salina Watson (property manager)
    Associa Arizona
    Subpoenaed by Petitioner

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    ADRE
  • vnunez (ADRE Staff)
    ADRE
    Listed on service list
  • djones (ADRE Staff)
    ADRE
    Listed on service list
  • labril (ADRE Staff)
    ADRE
    Listed on service list
  • mneat (ADRE Staff)
    ADRE
    Listed on service list
  • lrecchia (ADRE Staff)
    ADRE
    Listed on service list
  • gosborn (ADRE Staff)
    ADRE
    Listed on service list

Other Participants

  • Bryan Hughes (witness (subpoenaed))
    Subpoena quashed
  • Ken Humphrey (witness (subpoenaed))
    Subpoena quashed
  • Eli Boyd (witness (subpoenaed))
    Subpoena quashed
  • Dane Gilmore (witness (subpoenaed))
    Subpoena quashed

Robert P Fink & Brittany L Oleson v. Casas Arroyo Association, Inc.

Posted on by

Case Summary

Case ID 24F-H023-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-16
Administrative Law Judge Sondra J. Vanella
Outcome Petitioners failed to establish by a preponderance of the evidence that Respondent violated CC&R Article II Section 1(c). The cited provision was inapplicable because the security gate installation did not involve transferring common area to a public agency or increasing the density of residences (the clause was read conjunctively).
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Robert P. Fink & Brittany L. Oleson Counsel —
Respondent Casas Arroyo Association, Inc. Counsel David Onuschak, Esq.

Alleged Violations

Article II Section 1(c)

Outcome Summary

Petitioners failed to establish by a preponderance of the evidence that Respondent violated CC&R Article II Section 1(c). The cited provision was inapplicable because the security gate installation did not involve transferring common area to a public agency or increasing the density of residences (the clause was read conjunctively).

Why this result: CC&R Article II Section 1(c) was inapplicable because the sentence regarding improvements and density was written in the conjunctive using the word “and,” meaning the improvement must both be placed upon the common area AND increase the density of residences, neither of which applied to the security gate installation.

Key Issues & Findings

Violation of CC&Rs regarding vote threshold for placing improvements on common area.

Petitioners alleged Respondent HOA violated CC&R Article II Section 1(c) by approving the installation of a security gate on the common area using a two-thirds standard of those who voted (resulting in 27 affirmative votes, 69-72% approval rate) when they asserted three quarters (3/4 or 30 votes out of 39 eligible lots) of eligible votes was required for an improvement on the common area.

Orders: Petitioners’ Petition is dismissed; no action is required of Respondent.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • 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. § 41-1092.09
  • CC&R Article II Section 1(c)
  • CC&R Article IV Section 2

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Video Overview

Audio Overview

Decision Documents

24F-H023-REL Decision – 1133251.pdf

Uploaded 2026-04-24T12:16:36 (51.2 KB)

24F-H023-REL Decision – 1135497.pdf

Uploaded 2026-04-24T12:16:40 (54.9 KB)

24F-H023-REL Decision – 1168799.pdf

Uploaded 2026-04-24T12:16:43 (47.6 KB)

24F-H023-REL Decision – 1178674.pdf

Uploaded 2026-04-24T12:16:48 (136.5 KB)

24F-H023-REL Decision – 1133251.pdf

Uploaded 2026-01-23T18:03:24 (51.2 KB)

24F-H023-REL Decision – 1135497.pdf

Uploaded 2026-01-23T18:03:25 (54.9 KB)

24F-H023-REL Decision – 1168799.pdf

Uploaded 2026-01-23T18:03:26 (47.6 KB)

24F-H023-REL Decision – 1178674.pdf

Uploaded 2026-01-23T18:03:29 (136.5 KB)

This summary addresses the hearing proceedings, key arguments, and final decision in the matter of Robert P. Fink and Brittany L. Oleson (Petitioners) versus Casas Arroyo Association, Inc. (Respondent), Docket No. 24F-H023-REL, heard before Administrative Law Judge (ALJ) Sondra J. Vanella of the Arizona Office of Administrative Hearings (OAH). The hearing spanned two dates: January 18, 2024, and April 18, 2024.

Key Facts and Main Issue

The core dispute was whether the Respondent Association violated Article II Section 1(c) of the community's CC&Rs when it installed a security gate at the community entrance. The gate measure passed with 27 "yes" votes and 10 "no" votes, equating to 69% of the 39 eligible votes in the association. The Board, citing security concerns related to criminal activity including human trafficking and drug smuggling, moved forward with the installation, funding the $2,650 gate through general assessment funds without a special assessment.

Petitioner's Argument

Petitioners argued that the security gate constitutes an "improvement placed upon the common area". They asserted that Article II Section 1(c) unequivocally requires approval by "not less than three quarters (3/4) of the eligible votes of the Association" (30 votes out of 39) for such improvements. Petitioners contended the Board improperly utilized an arbitrary standard of two-thirds (2/3) of those who voted, and that the 2/3 standard found in Article IV Section 4 applies only to authorizing a *special assessment* for a capital improvement, not the installation itself.

Respondent's Argument

The Respondent argued that Article II Section 1(c) was inapplicable. They contended that the provision primarily governs the dedication or transfer of common area property to a public utility or agency, and also applies to improvements that "would increase the density of residences on the Properties". Since the gate neither transferred land nor increased density, the 3/4 voting requirement was unnecessary. Respondent further argued that Article IV Section 2 grants the board authority to use general assessment funds to promote the "health, safety, and welfare of the residents," justifying the gate installation for crime deterrence.

Outcome and Legal Rationale

The ALJ determined that Petitioners failed to meet their burden of proof. The ALJ's interpretation centered on the structure and applicability of Article II Section 1(c).

  1. Inapplicable CC&R: The ALJ concluded that Article II Section 1(c) is written in the conjunctive. Therefore, the 3/4 vote is required only when improvements are placed upon the common area and those improvements increase the density of residences.
  2. Gate Does Not Increase Density: Since the security gate did not dedicate or transfer common area property to an outside entity, nor did it increase the density of residences, the ALJ ruled that the 3/4 voting requirement under Article II Section 1(c) was inapplicable to the instant matter.
  3. Authority Found in Article IV: The ALJ noted that Article IV Section 2 grants the Association authority to use general assessment funds to promote the "recreation, health, safety and welfare of the residents".

The ALJ issued a decision dismissing the Petition and ordering no action be required of the Respondent. The record formally closed on May 7, 2024, with the decision issuing on May 16, 2024.

Questions

Question

Who is responsible for proving that an HOA violated the CC&Rs during a dispute hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof to establish the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner filing the petition to prove that the HOA committed the alleged violation. The standard of proof required is a 'preponderance of the evidence'.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • burden of proof
  • procedural requirements
  • evidence

Question

What does 'preponderance of the evidence' mean in an HOA hearing?

Short Answer

It means the evidence shows the claim is more probably true than not.

Detailed Answer

This legal standard requires that the evidence presented has superior weight and is convincing enough to incline a fair mind to one side of the issue over the other. It is not necessarily about having a greater number of witnesses.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • definitions

Question

Can I interpret a specific sentence in the CC&Rs in isolation to prove a violation?

Short Answer

No, CC&R provisions must be interpreted within the context of the entire provision.

Detailed Answer

A homeowner cannot cherry-pick a specific clause or sentence to claim a violation. The Administrative Law Judge will look at the entire section to understand the intended scope and application of the restriction.

Alj Quote

One cannot read Section 1(c) of Article II without taking into consideration the context of the entire provision

Legal Basis

Contract Interpretation Principles

Topic Tags

  • CC&R interpretation
  • legal standards
  • context

Question

How does the word 'and' affect the interpretation of restrictions in the CC&Rs?

Short Answer

The word 'and' is conjunctive, meaning clauses it connects must be read together, not as separate independent choices.

Detailed Answer

If a CC&R provision lists restrictions connected by 'and' (e.g., no improvements AND no actions increasing density), it implies the conditions are linked. The ALJ distinguished this from the disjunctive 'or'. In this case, a restriction on improvements was linked to increasing density/transferring land because they were joined by 'and'.

Alj Quote

This sentence is written in the conjunctive. The word 'and' is used to connect the two clauses. It is not written in the disjunctive, as the word 'or' is not part of the sentence.

Legal Basis

Grammatical Interpretation of Contracts

Topic Tags

  • contract interpretation
  • grammar
  • legal standards

Question

Can the HOA use general assessment funds for safety improvements without a special homeowner vote?

Short Answer

Yes, if the CC&Rs grant authority to use assessments for health, safety, and welfare.

Detailed Answer

If the CC&Rs state that assessments are for promoting the recreation, health, safety, and welfare of residents, the Board may use general funds for improvements like security gates without a specific supermajority vote typically reserved for special assessments or land transfers.

Alj Quote

Article IV Section 2 of the 2006 recorded CC&Rs grant authority to Respondent to use the general assessment monies to 'promote the recreation, health, safety and welfare of the residents.'

Legal Basis

CC&R Article IV Section 2

Topic Tags

  • assessments
  • HOA powers
  • safety improvements

Question

Does a CC&R requirement for a 3/4 vote to 'transfer' common area apply to installing a gate?

Short Answer

No, installing a gate is not considered dedicating or transferring land.

Detailed Answer

A CC&R clause requiring a supermajority vote to dedicate or transfer common area to a public agency does not apply to the installation of a security gate, as the gate does not constitute a transfer of land ownership.

Alj Quote

The installation of a security gate does not dedicate or transfer all or any part of the common area to any public agency, authority or utility. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • voting requirements
  • common area
  • improvements

Question

Does a restriction on increasing the 'density of residences' apply to security improvements?

Short Answer

No, security improvements like gates do not increase residential density.

Detailed Answer

If a voting requirement in the CC&Rs is triggered by actions that 'increase the density of residences,' it does not apply to infrastructure improvements like security gates that have no effect on the number of homes or density.

Alj Quote

Further, the installation of a security gate is not an improvement that increases the density of the residences. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • density
  • improvements
  • voting requirements

Case

Docket No
24F-H023-REL
Case Title
Robert P. Fink & Brittany L. Oleson v. Casas Arroyo Association, Inc.
Decision Date
2024-05-16
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving that an HOA violated the CC&Rs during a dispute hearing?

Short Answer

The homeowner (Petitioner) bears the burden of proof to establish the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner filing the petition to prove that the HOA committed the alleged violation. The standard of proof required is a 'preponderance of the evidence'.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence.

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • burden of proof
  • procedural requirements
  • evidence

Question

What does 'preponderance of the evidence' mean in an HOA hearing?

Short Answer

It means the evidence shows the claim is more probably true than not.

Detailed Answer

This legal standard requires that the evidence presented has superior weight and is convincing enough to incline a fair mind to one side of the issue over the other. It is not necessarily about having a greater number of witnesses.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • definitions

Question

Can I interpret a specific sentence in the CC&Rs in isolation to prove a violation?

Short Answer

No, CC&R provisions must be interpreted within the context of the entire provision.

Detailed Answer

A homeowner cannot cherry-pick a specific clause or sentence to claim a violation. The Administrative Law Judge will look at the entire section to understand the intended scope and application of the restriction.

Alj Quote

One cannot read Section 1(c) of Article II without taking into consideration the context of the entire provision

Legal Basis

Contract Interpretation Principles

Topic Tags

  • CC&R interpretation
  • legal standards
  • context

Question

How does the word 'and' affect the interpretation of restrictions in the CC&Rs?

Short Answer

The word 'and' is conjunctive, meaning clauses it connects must be read together, not as separate independent choices.

Detailed Answer

If a CC&R provision lists restrictions connected by 'and' (e.g., no improvements AND no actions increasing density), it implies the conditions are linked. The ALJ distinguished this from the disjunctive 'or'. In this case, a restriction on improvements was linked to increasing density/transferring land because they were joined by 'and'.

Alj Quote

This sentence is written in the conjunctive. The word 'and' is used to connect the two clauses. It is not written in the disjunctive, as the word 'or' is not part of the sentence.

Legal Basis

Grammatical Interpretation of Contracts

Topic Tags

  • contract interpretation
  • grammar
  • legal standards

Question

Can the HOA use general assessment funds for safety improvements without a special homeowner vote?

Short Answer

Yes, if the CC&Rs grant authority to use assessments for health, safety, and welfare.

Detailed Answer

If the CC&Rs state that assessments are for promoting the recreation, health, safety, and welfare of residents, the Board may use general funds for improvements like security gates without a specific supermajority vote typically reserved for special assessments or land transfers.

Alj Quote

Article IV Section 2 of the 2006 recorded CC&Rs grant authority to Respondent to use the general assessment monies to 'promote the recreation, health, safety and welfare of the residents.'

Legal Basis

CC&R Article IV Section 2

Topic Tags

  • assessments
  • HOA powers
  • safety improvements

Question

Does a CC&R requirement for a 3/4 vote to 'transfer' common area apply to installing a gate?

Short Answer

No, installing a gate is not considered dedicating or transferring land.

Detailed Answer

A CC&R clause requiring a supermajority vote to dedicate or transfer common area to a public agency does not apply to the installation of a security gate, as the gate does not constitute a transfer of land ownership.

Alj Quote

The installation of a security gate does not dedicate or transfer all or any part of the common area to any public agency, authority or utility. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • voting requirements
  • common area
  • improvements

Question

Does a restriction on increasing the 'density of residences' apply to security improvements?

Short Answer

No, security improvements like gates do not increase residential density.

Detailed Answer

If a voting requirement in the CC&Rs is triggered by actions that 'increase the density of residences,' it does not apply to infrastructure improvements like security gates that have no effect on the number of homes or density.

Alj Quote

Further, the installation of a security gate is not an improvement that increases the density of the residences. Therefore, a three quarters vote is not required.

Legal Basis

CC&R Article II Section 1(c)

Topic Tags

  • density
  • improvements
  • voting requirements

Case

Docket No
24F-H023-REL
Case Title
Robert P. Fink & Brittany L. Oleson v. Casas Arroyo Association, Inc.
Decision Date
2024-05-16
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Robert P. Fink (petitioner)
    Testified on own behalf
  • Brittany L. Oleson (petitioner)
    Also referred to as Brittany L. Olsen
  • Juanita Havill (witness)
    Former HOA board President, Vice President, and Treasurer

Respondent Side

  • David Onuschak (HOA attorney)
    Jones Skelton & Hochuli
  • Tom Hardesty (board president)
    Casas Arroyo Association, Inc.
  • Thomas Ryan (board member)
    Casas Arroyo Association, Inc.
    Current Treasurer
  • Eric Powell (board member)
    Casas Arroyo Association, Inc.
    Also referred to as Erik Powell; testified for Respondent; former President and Secretary
  • Jim Chepales (board member)
    Casas Arroyo Association, Inc.
  • Paula Miller (witness)
    Casas Arroyo Association, Inc.
    Board Secretary
  • Leslie Kramer (HOA attorney)
    Provided legal opinions to the HOA; Affidavit admitted as Exhibit 32
  • Edwin Gaines (HOA attorney)
    Provided legal opinion to the HOA; Declaration admitted as Exhibit 31
  • Michael Shupe (HOA attorney)
    Consulted by the Board regarding the petition
  • Kevin Wallace (former board member)
    Casas Arroyo Association, Inc.
    Former Vice President

Neutral Parties

  • Sondra J. Vanella (ALJ)
    Office of Administrative Hearings
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Rosalyn Buchas (Border Patrol Agent)
    US Customs and Border Protection
    Author of 2014 report referenced
  • Ben Cummings (Border Patrol Agent)
    US Customs and Border Protection
    Attended 2014 meeting

Other Participants

  • David Steedman (former board member)
    Casas Arroyo Association, Inc.
    Former Treasurer; present as an observer
  • Emily Masta (community member)
    Mentioned in board email communications
  • Jay Deforest (community member)
    Called 2014 Border Patrol meeting
  • Mark Stroberg (community member)
    Attended 2014 Border Patrol meeting
  • Barbara Stoneberg (community member)
    Attended 2014 Border Patrol meeting
  • Steven Sue Archbald (community member)
    Attended 2014 Border Patrol meeting
  • Laura Brown (community member)
    Long-time resident referenced regarding historic gate removal
  • Archerald Brown (community member)
    Long-time resident referenced regarding historic gate removal

Clifford S Burnes V. Saguaro Crest Homeowners’ Association

Posted on by

Case Summary

Case ID 23F-H033-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-04-14
Administrative Law Judge Sondra J. Vanella
Outcome The Administrative Law Judge dismissed the Petition, finding that the Respondent HOA did not violate Article XV of the Articles of Incorporation during the dissolution vote. The required 2/3 majority was achieved with 11 votes in favor, and the requirement for signed assent was met by the signatures provided on the ballot envelopes.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford S. Burnes Counsel —
Respondent Saguaro Crest Homeowners' Association Counsel John T. Crotty, Esq.

Alleged Violations

Articles of Incorporation, Section XV

Outcome Summary

The Administrative Law Judge dismissed the Petition, finding that the Respondent HOA did not violate Article XV of the Articles of Incorporation during the dissolution vote. The required 2/3 majority was achieved with 11 votes in favor, and the requirement for signed assent was met by the signatures provided on the ballot envelopes.

Why this result: Petitioner failed to meet the burden of proof to establish the alleged violation by a preponderance of the evidence.

Key Issues & Findings

Violation of voting requirements for dissolution of the Homeowners Association

Petitioner alleged that the dissolution vote was invalid because the ballots were not signed, and Respondent failed to achieve the 2/3 authorized votes needed, noting only 9 ballots were cast for dissolution. Respondent argued that 11 votes were cast, meeting the 2/3 requirement (10 votes needed), and that signatures on the ballot envelopes satisfied the Article XV requirement for assent given in writing and signed by Owners.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199
  • ARIZ. REV. STAT. section 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)

Analytics Highlights

Topics: HOA, Articles of Incorporation, Voting Rights, Dissolution, Burden of Proof, Planned Community
Additional Citations:

  • A.R.S. § 32-2199
  • ARIZ. REV. STAT. section 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)

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Video Overview

Audio Overview

Decision Documents

23F-H033-REL Decision – 1035350.pdf

Uploaded 2026-04-24T12:02:34 (55.1 KB)

23F-H033-REL Decision – 1049512.pdf

Uploaded 2026-04-24T12:02:39 (100.5 KB)

23F-H033-REL Decision – 1035350.pdf

Uploaded 2026-01-23T17:54:11 (55.1 KB)

23F-H033-REL Decision – 1049512.pdf

Uploaded 2026-01-23T17:54:15 (100.5 KB)

This summary details the administrative hearing held before Administrative Law Judge (ALJ) Sondra J. Vanella in the matter of *Clifford S. Burnes v. Saguaro Crest Homeowners' Association* (HOA), Docket No. 23F-H033-REL, on March 30, 2023.

Key Facts and Issue

The Petitioner, Clifford S. Burnes, alleged that the Saguaro Crest Homeowners’ Association violated its governing documents. The single, central issue set for hearing was whether the HOA's vote on December 11, 2021, regarding the dissolution of the HOA, “did not satisfy the voting requirement of Section XV (15) of the Articles of Incorporation”.

Section XV of the Articles of Incorporation requires that the Association may be dissolved with "assent given in writing and signed by Owners representing not less than two-thirds (2/3) of the authorized votes". The parties stipulated that 10 or more votes constituted 2/3 of the authorized votes (out of 15 authorized votes). Petitioner bore the burden of proof by a preponderance of the evidence.

Hearing Proceedings and Key Arguments

  1. Petitioner's Argument: Petitioner Burnes argued the vote failed on two main legal points:
  • Insufficient Votes: Petitioner contended that only nine (9) ballots were cast in favor of dissolution, which did not meet the 2/3 requirement. He further asserted that the board improperly declared the motion passed and changed the vote count from nine (announced at the meeting) to eleven (reported in the meeting minutes).
  • Unsigned Ballots: Petitioner argued that the dissolution vote failed because the ballots themselves were not signed, violating Article XV’s requirement for assent "signed by Owners". He also argued that owners of multiple lots should have been issued separate ballots for each vote.
  1. Respondent's Argument: The Respondent (HOA), represented by John T. Crotty, Esq., and through the testimony of HOA President Sarina Martinez, countered that the requirements were satisfied.
  • Vote Count Justified: Ms. Martinez testified that while nine ballots were received for dissolution, two of those ballots belonged to owners who owned two lots each, meaning those two ballots accounted for four votes. Citing the CCNRs (Article 2, Section 2.2 C1), Ms. Martinez confirmed that each owner is entitled to "one vote for each lot owned". This meant the total votes for dissolution were eleven (11), which exceeded the necessary 2/3 threshold (10 votes).
  • Signature Requirement Satisfied: Respondent argued that Article XV does not require the *ballot* itself to be signed. The ballots were distributed as a package with envelopes. Ms. Martinez confirmed that the required signatures, lot number(s), and date were obtained on the envelopes that contained the ballots, thereby satisfying the "assent given in writing and signed" provision.

Final Decision and Outcome

The Administrative Law Judge issued a decision on April 14, 2023, ruling in favor of the Respondent.

The ALJ found that 11 votes were cast on 9 ballots, which represented at least 2/3 of the authorized votes. The ALJ concluded that Article XV "does not specify that the ballot itself must signed," and because the signatures were contained on the envelopes corresponding to the ballots, the requirement for "assent given in writing and signed by Owners" was satisfied.

Petitioner failed to prove by a preponderance of the evidence that the Respondent violated Article XV of the Articles of Incorporation. Accordingly, the Petitioner’s Petition was dismissed.

Questions

Question

If my HOA requires votes to be 'in writing and signed,' does the ballot itself need a signature?

Short Answer

Not necessarily. If the governing documents do not explicitly specify that the ballot itself must be signed, a signature on the envelope containing the ballot may satisfy the requirement.

Detailed Answer

The ALJ determined that if the Articles of Incorporation require assent 'in writing and signed' but do not specify that the ballot itself must be signed, a signature on the envelope containing the ballot is sufficient compliance. In this case, envelopes with the homeowner's signature, lot number, and date were deemed to satisfy the requirement.

Alj Quote

Article XV of the Articles of Incorporation does not specify that the ballot itself must signed, and in this case, the signatures are contained on the envelopes that held the corresponding ballots, thereby satisfying the language of the charged provision.

Legal Basis

Articles of Incorporation, Article XV

Topic Tags

  • voting
  • ballots
  • signatures
  • governing documents

Question

If I own multiple lots, do I need to submit a separate physical ballot for each lot?

Short Answer

No, unless you can cite specific legal authority or governing documents that require separate physical ballots.

Detailed Answer

The ALJ rejected the argument that separate ballots are required for each vote possessed by homeowners who own multiple lots, specifically noting that the petitioner failed to provide any authority supporting that claim.

Alj Quote

Petitioner further testified that there should have been separate ballots for each vote for homeowners who own two lots. However, Petitioner did not cite to any authority establishing such.

Legal Basis

Lack of citation to authority

Topic Tags

  • voting
  • multiple lots
  • ballots

Question

How are votes counted if some homeowners own more than one property?

Short Answer

Votes are counted based on 'authorized votes' rather than just the number of physical ballots cast. One ballot may represent multiple votes.

Detailed Answer

The ALJ accepted the calculation where fewer physical ballots were cast than the total vote count because some ballots represented multiple votes (one for each lot owned). The decision validated that 9 ballots could validly represent 11 authorized votes.

Alj Quote

In this case, eleven (11) votes were cast on nine (9) ballots, which represents at least 2/3 of the owners authorized to vote.

Legal Basis

Articles of Incorporation, Article XV

Topic Tags

  • voting
  • vote counting
  • authorized votes

Question

Who is responsible for proving that the HOA violated the rules?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing, the homeowner alleging the violation must prove their case by a 'preponderance of the evidence.' It is not the HOA's job to disprove the allegation initially.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. section 41-1092.07(G)(2); A.A.C. R2-19-119(A)

Topic Tags

  • burden of proof
  • legal standards
  • administrative hearing

Question

What does 'preponderance of the evidence' mean in an HOA dispute?

Short Answer

It means the claim is more likely true than not.

Detailed Answer

The ALJ defines this standard as proof that convinces the decision-maker that the contention is 'more probably true than not,' or holds the greater weight of evidence.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5

Topic Tags

  • legal definitions
  • evidence
  • standard of proof

Case

Docket No
23F-H033-REL
Case Title
Burnes v. Saguaro Crest Homeowners' Association
Decision Date
2023-04-14
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

If my HOA requires votes to be 'in writing and signed,' does the ballot itself need a signature?

Short Answer

Not necessarily. If the governing documents do not explicitly specify that the ballot itself must be signed, a signature on the envelope containing the ballot may satisfy the requirement.

Detailed Answer

The ALJ determined that if the Articles of Incorporation require assent 'in writing and signed' but do not specify that the ballot itself must be signed, a signature on the envelope containing the ballot is sufficient compliance. In this case, envelopes with the homeowner's signature, lot number, and date were deemed to satisfy the requirement.

Alj Quote

Article XV of the Articles of Incorporation does not specify that the ballot itself must signed, and in this case, the signatures are contained on the envelopes that held the corresponding ballots, thereby satisfying the language of the charged provision.

Legal Basis

Articles of Incorporation, Article XV

Topic Tags

  • voting
  • ballots
  • signatures
  • governing documents

Question

If I own multiple lots, do I need to submit a separate physical ballot for each lot?

Short Answer

No, unless you can cite specific legal authority or governing documents that require separate physical ballots.

Detailed Answer

The ALJ rejected the argument that separate ballots are required for each vote possessed by homeowners who own multiple lots, specifically noting that the petitioner failed to provide any authority supporting that claim.

Alj Quote

Petitioner further testified that there should have been separate ballots for each vote for homeowners who own two lots. However, Petitioner did not cite to any authority establishing such.

Legal Basis

Lack of citation to authority

Topic Tags

  • voting
  • multiple lots
  • ballots

Question

How are votes counted if some homeowners own more than one property?

Short Answer

Votes are counted based on 'authorized votes' rather than just the number of physical ballots cast. One ballot may represent multiple votes.

Detailed Answer

The ALJ accepted the calculation where fewer physical ballots were cast than the total vote count because some ballots represented multiple votes (one for each lot owned). The decision validated that 9 ballots could validly represent 11 authorized votes.

Alj Quote

In this case, eleven (11) votes were cast on nine (9) ballots, which represents at least 2/3 of the owners authorized to vote.

Legal Basis

Articles of Incorporation, Article XV

Topic Tags

  • voting
  • vote counting
  • authorized votes

Question

Who is responsible for proving that the HOA violated the rules?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing, the homeowner alleging the violation must prove their case by a 'preponderance of the evidence.' It is not the HOA's job to disprove the allegation initially.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. section 41-1092.07(G)(2); A.A.C. R2-19-119(A)

Topic Tags

  • burden of proof
  • legal standards
  • administrative hearing

Question

What does 'preponderance of the evidence' mean in an HOA dispute?

Short Answer

It means the claim is more likely true than not.

Detailed Answer

The ALJ defines this standard as proof that convinces the decision-maker that the contention is 'more probably true than not,' or holds the greater weight of evidence.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5

Topic Tags

  • legal definitions
  • evidence
  • standard of proof

Case

Docket No
23F-H033-REL
Case Title
Burnes v. Saguaro Crest Homeowners' Association
Decision Date
2023-04-14
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Clifford S. Burnes (petitioner)
    Also referred to as Clifford (Norm) S. Burnes

Respondent Side

  • John T. Crotty (HOA attorney)
    LAW OFFICES OF COLLIN T. WELCH
  • Esmeralda Sarina Ayala-Martinez (HOA President, witness)
    Saguaro Crest Homeowners' Association
    Also referred to as Sarina Martinez or Serena Martinez

Neutral Parties

  • Sondra J. Vanella (ALJ)
  • Susan Nicolson (Commissioner)
    ADRE
  • Tammy I (ALJ)
    Mentioned as presiding over related case

Other Participants

  • AHansen (ADRE staff)
    ADRE
  • vnunez (ADRE staff)
    ADRE
  • djones (ADRE staff)
    ADRE
  • labril (ADRE staff)
    ADRE

Carolyn Wefsenmoe v. Summit View Homeowner’s Association

Posted on by

Case Summary

Case ID 23F-H017-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-03-08
Administrative Law Judge Adam D. Stone
Outcome The Administrative Law Judge denied the petition, ruling that the Petitioner failed to meet the burden of proof to establish that the walls were built on the common area. Since HOA maintenance responsibility primarily attached to the common area, and the location of the walls relative to the lots remained unproven, the HOA was not found in violation of its maintenance obligations.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Carolyn Wefsenmoe Counsel —
Respondent Summit View Homeowner's Association Counsel Chad M. Gallacher, Esq.

Alleged Violations

CC&R’s Article XI, Sections 1, 2, and 3; Summit View Community Plat Notes

Outcome Summary

The Administrative Law Judge denied the petition, ruling that the Petitioner failed to meet the burden of proof to establish that the walls were built on the common area. Since HOA maintenance responsibility primarily attached to the common area, and the location of the walls relative to the lots remained unproven, the HOA was not found in violation of its maintenance obligations.

Why this result: Petitioner failed to prove by a preponderance of the evidence that the walls were located in a common area. No survey evidence was presented to determine whether the walls were on the individual lots (Owner responsibility) or the common area (HOA responsibility).

Key Issues & Findings

HOA failure to maintain perimeter walls and improper charging of homeowners for repairs.

Petitioner alleged that the HOA (SVHA) violated CC&R Article XI, Sections 1, 2, and 3, and the Community Plat Notes by failing to maintain the subdivision perimeter walls and charging homeowners for repairs, arguing the walls abutted and were part of the Common Area (NAOS), making maintenance the HOA's responsibility.

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • CC&R Article XI, Section 1
  • CC&R Article XI, Section 2
  • CC&R Article XI, Section 3
  • Summit View Community Plat Notes

Analytics Highlights

Topics: HOA, Maintenance, Perimeter Walls, CC&R, Common Area, Burden of Proof, NAOS, Lot Line Dispute
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119
  • CC&R Article XI, Section 1
  • CC&R Article XI, Section 2
  • CC&R Article XI, Section 3
  • Summit View Plat Notes

Video Overview

Audio Overview

Decision Documents

23F-H017-REL Decision – 1018596.pdf

Uploaded 2026-04-24T11:58:24 (52.8 KB)

23F-H017-REL Decision – 1018616.pdf

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23F-H017-REL Decision – 1031301.pdf

Uploaded 2026-04-24T11:58:32 (53.6 KB)

23F-H017-REL Decision – 1032541.pdf

Uploaded 2026-04-24T11:58:37 (258.1 KB)

23F-H017-REL Decision – 1032542.pdf

Uploaded 2026-04-24T11:58:41 (723.8 KB)

23F-H017-REL Decision – 1032543.pdf

Uploaded 2026-04-24T11:58:45 (487.6 KB)

23F-H017-REL Decision – 1032544.pdf

Uploaded 2026-04-24T11:58:50 (3029.4 KB)

23F-H017-REL Decision – 1032545.pdf

Uploaded 2026-04-24T11:58:53 (81.9 KB)

23F-H017-REL Decision – 1032546.pdf

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23F-H017-REL Decision – 1032547.pdf

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23F-H017-REL Decision – 1035846.pdf

Uploaded 2026-04-24T11:59:09 (114.5 KB)

23F-H017-REL Decision – 1018596.pdf

Uploaded 2026-01-23T17:51:50 (52.8 KB)

23F-H017-REL Decision – 1018616.pdf

Uploaded 2026-01-23T17:51:54 (5.6 KB)

23F-H017-REL Decision – 1031301.pdf

Uploaded 2026-01-23T17:51:57 (53.6 KB)

23F-H017-REL Decision – 1032541.pdf

Uploaded 2026-01-23T17:52:02 (258.1 KB)

23F-H017-REL Decision – 1032542.pdf

Uploaded 2026-01-23T17:52:05 (723.8 KB)

23F-H017-REL Decision – 1032543.pdf

Uploaded 2026-01-23T17:52:10 (487.6 KB)

23F-H017-REL Decision – 1032544.pdf

Uploaded 2026-01-23T17:52:15 (3029.4 KB)

23F-H017-REL Decision – 1032545.pdf

Uploaded 2026-01-23T17:52:21 (81.9 KB)

23F-H017-REL Decision – 1032546.pdf

Uploaded 2026-01-23T17:52:29 (3401.3 KB)

23F-H017-REL Decision – 1032547.pdf

Uploaded 2026-01-23T17:52:33 (2346.1 KB)

23F-H017-REL Decision – 1035846.pdf

Uploaded 2026-01-23T17:52:37 (114.5 KB)

This summary addresses the legal case hearing concerning Petitioner Carolyn Wefsenmoe versus Respondent Summit View Homeowner's Association (SVHA), Case No. 23F-H017-REL, held before the Office of Administrative Hearings (OAH) on February 21, 2023.

Key Facts and Main Issue

The dispute centered on the maintenance responsibility for the subdivision's perimeter walls and the SVHA's action of charging homeowners for repairs. Petitioner Wefsenmoe alleged the SVHA violated community documents, specifically CC&R's Article XI, Sections 1, 2, and 3, and the Summit View Community Plat Notes, by refusing to maintain the walls. The SVHA, represented by Chad Gallacher, Esq., argued the walls were located on individual Lots, making maintenance the homeowner's responsibility.

Key Legal Arguments and Proceedings

  1. Plat vs. CC&Rs: Petitioner relied heavily on language in the June 1996 Final Plat Notes, which stated that a Homeowners Association "WILL BE FORMED AND HAVE RESPONSIBILITY FOR MAINTAINING ALL COMMON AREAS, TO BE NOTED AS… SUBDIVISION PERIMETER WALLS". Petitioner noted that her wall abutted the Natural Area Open Space (NAOS), designated as a Common Area.
  2. Governing Documents Hierarchy: Respondent countered that the Plat statement was a "forecasting" or "foreshadowing". This statement was qualified by the phrase "IN ACCORDANCE WITH APPROVED PLANS," referring to the later Amended and Restated Declaration of Covenants, Conditions and Restrictions (CC&Rs) recorded in 2004.
  3. Lot Owner Responsibility: The SVHA argued that the CC&Rs placed maintenance burdens on the individual owner for all improvements on their Lot (Article III, Section 3). Furthermore, specific CC&R provisions required owners to obtain written architectural approval to perform maintenance or erect walls on their Lots (Article VIII, Sections 5 and 15), suggesting the maintenance obligation rested with the homeowner.
  4. Evidence of Location and Damage: The SVHA presented testimony that the walls in question were generally understood to be built on the individual lots, noting that the wall lines were not uniformly straight across the lots. SVHA's witness, Vic Smith, also testified that many wall damages were attributable to poor drainage and water runoff coming from the homeowner's Lot side, not the NAOS Common Area, which had no watering.
  5. Burden of Proof: Petitioner admitted on cross-examination that no professional survey had been conducted to definitively determine whether the walls were located on the Common Area or the individual Lots. The ALJ noted that Petitioner bore the burden of proof to establish the alleged violation by a preponderance of the evidence.

Outcome

The Administrative Law Judge (ALJ) issued a decision denying Petitioner's petition. The ALJ concluded that Petitioner failed to meet the required burden of proof. Absent persuasive evidence, such as a survey, demonstrating the walls were constructed in the Common Area, Petitioner could not establish that the SVHA was responsible for the maintenance or that the Association acted in violation of the community documents.

Questions

Question

Who has the burden of proof when a homeowner files a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding HOA disputes, the person filing the petition is responsible for proving that the HOA committed the alleged violations. The HOA does not have to disprove the allegations initially; the homeowner must first provide sufficient evidence to support their claim.

Alj Quote

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

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • legal standards
  • burden of proof
  • procedural requirements

Question

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

Short Answer

A 'preponderance of the evidence,' meaning the claim is more likely true than not.

Detailed Answer

The standard is not 'beyond a reasonable doubt' like in criminal cases. Instead, the homeowner must show that their version of the facts is more probable than the HOA's version. It relies on the convincing force of the evidence rather than just the number of witnesses.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • hearings

Question

If a wall touches an HOA common area, does the HOA automatically have to maintain it?

Short Answer

No. The location of the wall's foundation (on the lot vs. common area) determines responsibility.

Detailed Answer

Simply abutting a common area does not make a structure part of the common area. Unless the homeowner can prove the structure was actually built *on* the common area land, the HOA may not be responsible for its maintenance.

Alj Quote

There was no persuasive evidence presented that simply because on the other side of the wall there was a common area, does not prove that the wall was actually built on the common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • maintenance
  • common areas
  • boundaries

Question

Is a professional survey necessary to prove a boundary or maintenance dispute?

Short Answer

Yes, often. Without a survey, it is difficult to prove exactly where a structure lies.

Detailed Answer

If there is a dispute about whether a wall or structure is on private property or common area, failing to provide a professional survey can result in losing the case. The judge generally cannot assume a location without specific evidence.

Alj Quote

However, again, no evidence was presented to determine exactly where the wall was built. Perhaps if this evidence was presented there may be a different result.

Legal Basis

Conclusions of Law

Topic Tags

  • evidence
  • surveys
  • property lines

Question

Does the alignment of walls affect who is responsible for them?

Short Answer

Yes. If walls are not uniformly aligned, it suggests they follow individual lot lines rather than a subdivision perimeter.

Detailed Answer

In this decision, the judge noted that because the walls were not in a straight, uniform line across lots (likely due to varying lot sizes), it supported the conclusion that the walls were built on individual lots rather than being a single common area perimeter wall.

Alj Quote

Further, the tribunal notes that the walls were not uniformly even across the individual lots. This was presumably because each lot is a different size, which also would lead to the conclusion that each wall was built on each individual lot.

Legal Basis

Conclusions of Law

Topic Tags

  • maintenance
  • construction
  • HOA obligations

Question

Can I rely solely on Plat Notes to prove HOA maintenance responsibility?

Short Answer

Not necessarily, especially if physical evidence contradicts the interpretation that a structure is a 'perimeter wall'.

Detailed Answer

Even if a Plat Note says the HOA maintains 'subdivision perimeter walls,' the homeowner must still prove that the specific wall in question fits that definition and location. If the evidence suggests the wall is on a private lot, the general note may not apply.

Alj Quote

Petitioner testified that she believed that based upon the 'Notes' section on the plat map, this created an obligation on the SVHA… [However] Petitioner has failed to prove by a preponderance of the evidence that the walls in questions are in a common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • cc&rs
  • plat maps
  • interpretation

Case

Docket No
23F-H017-REL
Case Title
Carolyn Wefsenmoe vs Summit View Homeowner's Association
Decision Date
2023-03-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Who has the burden of proof when a homeowner files a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding HOA disputes, the person filing the petition is responsible for proving that the HOA committed the alleged violations. The HOA does not have to disprove the allegations initially; the homeowner must first provide sufficient evidence to support their claim.

Alj Quote

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

Legal Basis

A.R.S. § 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • legal standards
  • burden of proof
  • procedural requirements

Question

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

Short Answer

A 'preponderance of the evidence,' meaning the claim is more likely true than not.

Detailed Answer

The standard is not 'beyond a reasonable doubt' like in criminal cases. Instead, the homeowner must show that their version of the facts is more probable than the HOA's version. It relies on the convincing force of the evidence rather than just the number of witnesses.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence
  • hearings

Question

If a wall touches an HOA common area, does the HOA automatically have to maintain it?

Short Answer

No. The location of the wall's foundation (on the lot vs. common area) determines responsibility.

Detailed Answer

Simply abutting a common area does not make a structure part of the common area. Unless the homeowner can prove the structure was actually built *on* the common area land, the HOA may not be responsible for its maintenance.

Alj Quote

There was no persuasive evidence presented that simply because on the other side of the wall there was a common area, does not prove that the wall was actually built on the common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • maintenance
  • common areas
  • boundaries

Question

Is a professional survey necessary to prove a boundary or maintenance dispute?

Short Answer

Yes, often. Without a survey, it is difficult to prove exactly where a structure lies.

Detailed Answer

If there is a dispute about whether a wall or structure is on private property or common area, failing to provide a professional survey can result in losing the case. The judge generally cannot assume a location without specific evidence.

Alj Quote

However, again, no evidence was presented to determine exactly where the wall was built. Perhaps if this evidence was presented there may be a different result.

Legal Basis

Conclusions of Law

Topic Tags

  • evidence
  • surveys
  • property lines

Question

Does the alignment of walls affect who is responsible for them?

Short Answer

Yes. If walls are not uniformly aligned, it suggests they follow individual lot lines rather than a subdivision perimeter.

Detailed Answer

In this decision, the judge noted that because the walls were not in a straight, uniform line across lots (likely due to varying lot sizes), it supported the conclusion that the walls were built on individual lots rather than being a single common area perimeter wall.

Alj Quote

Further, the tribunal notes that the walls were not uniformly even across the individual lots. This was presumably because each lot is a different size, which also would lead to the conclusion that each wall was built on each individual lot.

Legal Basis

Conclusions of Law

Topic Tags

  • maintenance
  • construction
  • HOA obligations

Question

Can I rely solely on Plat Notes to prove HOA maintenance responsibility?

Short Answer

Not necessarily, especially if physical evidence contradicts the interpretation that a structure is a 'perimeter wall'.

Detailed Answer

Even if a Plat Note says the HOA maintains 'subdivision perimeter walls,' the homeowner must still prove that the specific wall in question fits that definition and location. If the evidence suggests the wall is on a private lot, the general note may not apply.

Alj Quote

Petitioner testified that she believed that based upon the 'Notes' section on the plat map, this created an obligation on the SVHA… [However] Petitioner has failed to prove by a preponderance of the evidence that the walls in questions are in a common area.

Legal Basis

Findings of Fact / Conclusions of Law

Topic Tags

  • cc&rs
  • plat maps
  • interpretation

Case

Docket No
23F-H017-REL
Case Title
Carolyn Wefsenmoe vs Summit View Homeowner's Association
Decision Date
2023-03-08
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Carolyn Wefsenmoe (petitioner)
    Appeared via Google Meet on her own behalf

Respondent Side

  • Chad M. Gallacher (HOA attorney)
    Maxwell & Morgan, P.C.
  • Bick Smith (witness/board president)
    Summit View Homeowner's Association
    Also referred to as Vic Smith; testified for Respondent
  • Henry (board member)
    Summit View Homeowner's Association
    Discussed erosion issues; toured walls with Bick Smith
  • Denise (board member)
    Summit View Homeowner's Association
    Participated in special board meeting
  • Larry Burns (property manager/GM)
    Summit View Homeowner's Association
    General Manager who wrote community painting update; participated in board meeting

Neutral Parties

  • Adam D. Stone (ALJ)
    OAH
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
    Transmitted minute entry to
  • James Knupp (Acting Commissioner)
    Arizona Department of Real Estate
    Transmitted order to
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
    Transmitted ALJ decision to
  • AHansen (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • vnunez (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • djones (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • labril (ADRE Staff)
    Arizona Department of Real Estate
    Email recipient for transmitted documents
  • c. serrano (OAH Staff)
    OAH
    Signed minute entries for transmission
  • Helen Purcell (county recorder)
    Maricopa County
    Recorded Amended CC&R Declaration in 2004
  • Maria Rosana Pira (notary public)
    Maricopa County
    Notarized Amended CC&R and Bylaws in 2004

Other Participants

  • Elelliana (unknown)
    Correspondent in objected-to email exhibit
  • Beth Mulcahy (attorney)
    Mulcahy Law Firm, P.C.
    Firm filed the Amended CC&R Declaration in 2004
  • LizzieG (customer service rep)
    Brown Community Management
    Customer service contact listed on billing document

Daniel Mayer v. Scottsdale North Homeowners Association, Inc.

Posted on by

Case Summary

Case ID 23F-H020-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-02-17
Administrative Law Judge Adam D. Stone
Outcome The Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1812 by improperly combining two separate expenditure proposals (roadway preservation and gate replacement) into a single vote on a ballot, failing to provide an opportunity to vote on each action separately. Respondent was ordered to refund the $500.00 filing fee and pay a $500.00 civil penalty.
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

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

Alleged Violations

A.R.S. § 33-1812

Outcome Summary

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

Key Issues & Findings

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

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

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

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

Disposition: petitioner_win

Cited:

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

Analytics Highlights

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

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

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Decision Documents

23F-H020-REL Decision – 1031122.pdf

Uploaded 2026-04-24T11:59:44 (100.0 KB)

23F-H020-REL Decision – 1038504.pdf

Uploaded 2026-04-24T11:59:48 (54.8 KB)

23F-H020-REL Decision – 1031122.pdf

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

23F-H020-REL Decision – 1038504.pdf

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

This administrative hearing, docket number 23F-H020-REL, addressed the petition filed by Daniel Mayor against Scottsdale North Homeowners Association, Inc. (SNHA), concerning alleged violations of community documents and Arizona Revised Statute (A.R.S.) § 33-1812. Administrative Law Judge (ALJ) Adam D. Stone presided over the hearing on February 3, 2023.

Key Facts and Main Issues

The core issue centered on a ballot sent to homeowners on May 18, 2022, seeking approval to access $30,000 from the reserve fund for two distinct capital improvement projects: roadway asset preservation/resurfacing and common area gate replacement.

  1. Violation of Separate Voting Requirement: Petitioner Daniel Mayor argued that the ballot improperly combined these two separate "proposed actions" into a single yes/no vote, failing to provide members the opportunity to vote for or against each expenditure individually. Mayor requested that the vote be recalled and recast properly.
  2. Applicability of Statute: Respondent SNHA, represented by Board President Andrew Chambers, admitted the projects were combined but argued that A.R.S. § 33-1812 (which requires separate votes for separate actions) did not apply. SNHA contended the statute only governs votes taken at formal meetings, whereas this vote was conducted via mail, email, and fax prior to the meeting where results were announced. SNHA also noted that 91% (32 of 35) of responding homeowners approved the combined expenditure, and the projects were subsequently completed.

Legal Points and Decision

The ALJ determined that the cover letter and prior discussions clearly indicated that the roadway resurfacing and gate replacement were two separate projects for which SNHA was seeking approval.

The ALJ rejected the Association's defense, concluding that the ballot was improper because it failed to allow separate votes. The decision highlighted that A.R.S. § 33-1812, even when referring to votes taken outside of a meeting, directs attention to A.R.S. § 10-3708 (Arizona Nonprofit Corporation Act). This statute mandates that written ballots must set forth each proposed action and provide an opportunity to vote for or against each.

Outcome

The ALJ found that the Petitioner established, by a preponderance of the evidence, that SNHA acted in violation of A.R.S. § 33-1812(A)(1) and the community documents.

The ALJ noted that A.R.S. § 32-2199.02 did not grant the authority to order the projects rescinded or the vote nullified, but only permitted ordering parties to abide by the statute and levying civil penalties.

  • Prevailing Party: Daniel Mayor was deemed the prevailing party.
  • Filing Fee: SNHA was ordered to pay the Petitioner his $500.00 filing fee.
  • Civil Penalty: Due to concern that this type of improper ballot could be used in the future, the ALJ levied a $500.00 Civil Penalty. (A subsequent correction order specified that this civil penalty must be paid to the Department of Real Estate).

Questions

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812(A)(1)-(2)

Topic Tags

  • voting
  • ballots
  • assessments

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812; A.R.S. § 10-3708

Topic Tags

  • absentee ballots
  • voting
  • mail-in voting

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • powers of ALJ
  • construction

Question

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

Short Answer

Preponderance of the evidence.

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof
  • evidence

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812(A)

Topic Tags

  • governing documents
  • statutory interpretation
  • supremacy of law

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

Order of the ALJ

Topic Tags

  • remedies
  • fees
  • penalties

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812

Topic Tags

  • voting results
  • procedural violations
  • compliance

Case

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

Questions

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812(A)(1)-(2)

Topic Tags

  • voting
  • ballots
  • assessments

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812; A.R.S. § 10-3708

Topic Tags

  • absentee ballots
  • voting
  • mail-in voting

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • powers of ALJ
  • construction

Question

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

Short Answer

Preponderance of the evidence.

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof
  • evidence

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812(A)

Topic Tags

  • governing documents
  • statutory interpretation
  • supremacy of law

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

Order of the ALJ

Topic Tags

  • remedies
  • fees
  • penalties

Question

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

Short Answer

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

Detailed Answer

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

Alj Quote

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

Legal Basis

A.R.S. § 33-1812

Topic Tags

  • voting results
  • procedural violations
  • compliance

Case

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

Case Participants

Petitioner Side

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

Respondent Side

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

Neutral Parties

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

Other Participants

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

Pamela McKinney v. Valle Vista Property Owners Association

Posted on by

Case Summary

Case ID 23F-H019-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-01-31
Administrative Law Judge Sondra J. Vanella
Outcome The Administrative Law Judge dismissed the petition, finding that the Respondent HOA's Articles of Incorporation had been previously amended to be perpetual (1994, 1999) and that the CLRs automatically renew for an additional 25 years without requiring a homeowner vote, provided no modifications or changes are made.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Pamela McKinney Counsel —
Respondent Valle Vista Property Owners Association Counsel Alan Meda

Alleged Violations

Articles of Incorporation Article 8, Covenants, Limitations & Restrictions Article 19 Sec. A, Covenants, Limitations & Restrictions Article 19 Sec. B

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Respondent HOA's Articles of Incorporation had been previously amended to be perpetual (1994, 1999) and that the CLRs automatically renew for an additional 25 years without requiring a homeowner vote, provided no modifications or changes are made.

Why this result: Petitioner failed to meet the burden of proof that Respondent violated the Articles of Incorporation or the CLRs, as the evidence showed the corporation's existence was perpetual and the CLRs' automatic renewal was permissible without a vote.

Key Issues & Findings

Expiration of HOA Charter and unlawful extension of CLRs by Board resolution without member vote

Petitioner alleged the HOA's charter and CLRs expired after 50 years (2022) and that the Board unlawfully extended the CLRs for 25 years via a resolution (Resolution/Memorandum of September 27, 2022) without the required vote of the co-owners. The ALJ found that the Articles of Incorporation were perpetually extended by amendments in 1994 and 1999, and the CLRs automatically renewed without a vote because no modifications were made.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Articles of Incorporation (1972)
  • Articles of Amendment (1994)
  • Articles of Amendment (1999)
  • CLRs Unit One (1972)
  • Resolution 092722 (Sept 27, 2022)

Analytics Highlights

Topics: HOA Charter Expiration, CLRs Renewal, Perpetual Existence, Amendment Vote, HOA Board Authority, Arizona Real Estate Statute
Additional Citations:

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

Related election workflow tool

Many HOA election disputes start with preventable workflow problems: unclear ballot language, separate-vote issues, quorum tracking, paper/online reconciliation, proxy handling, or incomplete records. HOABallot is a separate platform built to document the voting workflow from notice through certification.

Preview HOABallot election workflows

Video Overview

Audio Overview

Decision Documents

23F-H019-REL Decision – 1030077.pdf

Uploaded 2026-04-24T11:59:33 (140.1 KB)

23F-H019-REL Decision – 1030077.pdf

Uploaded 2026-01-23T17:52:48 (140.1 KB)

This summary addresses the hearing proceedings, key arguments, and final decision of the legal case, drawing on the provided sources.

***

Concise Summary of Administrative Hearing: Pamela McKinney v. Valle Vista Property Owners Association

Key Facts and Proceedings

The administrative hearing was held on January 17, 2023 (Docket No. 23F-H 019- REL) before Administrative Law Judge (ALJ) Sondra J. Vanella. Petitioner Pamela McKinney appeared on her own behalf, alleging that the Valle Vista Property Owners Association (Respondent) violated community documents. The burden of proof rested upon the Petitioner to establish the alleged violations by a preponderance of the evidence.

The dispute centered on the Respondent's use of a Resolution/Memorandum of September 27, 2022 to extend the Declarations of Covenants, Limitations, and Restrictions (CLRs) for another 25 years without an approval vote from the Council of co-owners. The Petitioner, an owner in Unit One, contended that the Articles of Incorporation (the association charter) had expired after 50 years (in May 2022 for Unit One) and that the extension of the CLRs required a vote.

Main Issues and Legal Arguments

The core issue determined by the ALJ was whether the Respondent violated Article 8 of the Articles of Incorporation (AOI) and Article 19 of the CLRs by attempting to extend the CLRs via resolution without a member vote.

Petitioner's Key Arguments:

  1. AOI Expiration: Petitioner argued that the original AOI, dated 1972, specified a 25-year existence with the power of one renewal, meaning the charter expired after 50 years (in 2022). If the AOI expired, the association must form a new corporation.
  2. CLRs Require Vote for Extension: Petitioner asserted that while the CLRs provide for an automatic 25-year renewal, this renewal constitutes a change in duration, and thus requires the approval of 66 2/3% or more of the owners of record, as stated in the CLRs (Section 19(a) and (b)).
  3. Unlawful Amendments: McKinney testified she was unaware of any amendments extending the AOI and argued that even if they were recorded, they might be unlawful if done without the requisite member vote (which required 75% approval for amendments).

Respondent's Key Arguments:

  1. Perpetual Existence: Respondent successfully demonstrated that the Articles of Incorporation (AOI) had been officially amended twice—on November 18, 1994, and January 15, 1999—specifically to declare the duration of the corporation shall be perpetual.
  2. Automatic Renewal of CLRs: Respondent contended that the CLRs for all units automatically renew every 25 years without a vote. A vote is only required if the association attempts to make modifications or changes to the CLRs.
  3. Resolution Purpose: Respondent explained that the September 27, 2022 Resolution was simply recorded to reflect the automatic renewal of the CLRs and contained no amendments or modifications. Failure to renew would cause the loss of valuable common assets (valued at approximately $2.5 million).

Final Decision and Outcome

The ALJ issued the decision on January 31, 2023. The ALJ found that the Petitioner failed to meet her burden of proof by a preponderance of the evidence.

The legal conclusions were:

  1. The Respondent successfully established that the Articles of Incorporation had been amended in 1994 and 1999 to extend the duration perpetually.
  2. The automatic renewal of the CLRs does not constitute a modification/change that required a vote of the homeowners under the governing documents.

Therefore, the Respondent did not violate Article 8 of the AOI or Article 19 of the CLRs when it passed the resolution extending the CLRs.

The final order stated that the Petitioner's Petition was dismissed.

Questions

Question

If the CC&Rs (or CLRs) include an automatic renewal clause, does the HOA board require a homeowner vote to extend them?

Short Answer

No. If the documents allow for automatic renewal and no other changes are made, a vote is not required because renewal is not considered a modification.

Detailed Answer

The ALJ determined that if the governing documents provide for automatic renewal for specific periods (e.g., 25 years), the simple act of renewing does not constitute a 'change' or 'modification' that would trigger a voting requirement. A vote is generally only required if the text of the documents is actually being altered.

Alj Quote

Petitioner failed to establish by a preponderance of the evidence that any changes or modifications were made to the CLRs, and the Administrative Law Judge concludes that the automatic renewal of the CLRs does not constitute a modification/change that required a vote of the homeowners.

Legal Basis

Conclusion of Law 4

Topic Tags

  • CC&R Renewal
  • Voting Rights
  • Governing Documents

Question

Who bears the burden of proof when a homeowner files a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proof to establish the violation.

Detailed Answer

In an administrative hearing, the person filing the complaint must prove their case. The HOA does not initially have to prove they are innocent; the homeowner must prove the HOA committed the violation.

Alj Quote

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

Legal Basis

Conclusion of Law 2; A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • Legal Procedure
  • Burden of Proof

Question

What does 'preponderance of the evidence' mean in an HOA dispute?

Short Answer

It means the claim is 'more probably true than not.'

Detailed Answer

The standard is not 'beyond a reasonable doubt' (like in criminal court). Instead, it is based on the greater weight of the evidence, which must be sufficient to incline a fair mind to one side rather than the other.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Conclusion of Law 3

Topic Tags

  • Legal Standards
  • Evidence

Question

Can an HOA amend its Articles of Incorporation to exist perpetually if they originally had an expiration date?

Short Answer

Yes, an HOA can amend its Articles to extend its duration to be perpetual.

Detailed Answer

The decision upheld the validity of previous amendments where the HOA changed its corporate duration from a fixed term (e.g., 25 years) to 'perpetual.'

Alj Quote

Respondent amended its Articles of Incorporation, Section VIII, on November 18, 1994, and again on January 15, 1999, which extended the duration of the Articles of Incorporation perpetually.

Legal Basis

Findings of Fact 10-12; Conclusion of Law 4

Topic Tags

  • Corporate Charter
  • Amendments
  • Articles of Incorporation

Question

Where can an Arizona homeowner file a dispute regarding violations of community documents?

Short Answer

A petition can be filed with the Arizona Department of Real Estate (ADRE).

Detailed Answer

Arizona law allows homeowners or associations to file a petition with the Department regarding violations of the documents or statutes regulating planned communities. These are then heard by the Office of Administrative Hearings.

Alj Quote

Arizona statute permits an owner or a planned community organization to file a petition with the Department for a hearing concerning violations of planned community documents or violations of statutes that regulate planned communities.

Legal Basis

Conclusion of Law 1; A.R.S. § 32-2199

Topic Tags

  • Dispute Resolution
  • ADRE
  • Jurisdiction

Question

Does a lack of knowledge about old amendments invalidate them?

Short Answer

No. Even if a current homeowner was unaware of amendments filed decades ago, they are still binding if properly recorded.

Detailed Answer

In this case, the petitioner was unaware of amendments from 1994 and 1999 until the hearing, but the ALJ still relied on those documents to determine that the corporation had not expired.

Alj Quote

Petitioner was not aware of the 1994 and 1999 amendments to the Articles of Incorporation until hearing… The credible and probative evidence of record established that Respondent amended its Articles of Incorporation… which extended the duration of the Articles of Incorporation perpetually.

Legal Basis

Findings of Fact 13; Conclusion of Law 4

Topic Tags

  • Record Keeping
  • Constructive Notice
  • Amendments

Case

Docket No
23F-H019-REL
Case Title
Pamela McKinney v. Valle Vista Property Owners Association
Decision Date
2023-01-31
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

If the CC&Rs (or CLRs) include an automatic renewal clause, does the HOA board require a homeowner vote to extend them?

Short Answer

No. If the documents allow for automatic renewal and no other changes are made, a vote is not required because renewal is not considered a modification.

Detailed Answer

The ALJ determined that if the governing documents provide for automatic renewal for specific periods (e.g., 25 years), the simple act of renewing does not constitute a 'change' or 'modification' that would trigger a voting requirement. A vote is generally only required if the text of the documents is actually being altered.

Alj Quote

Petitioner failed to establish by a preponderance of the evidence that any changes or modifications were made to the CLRs, and the Administrative Law Judge concludes that the automatic renewal of the CLRs does not constitute a modification/change that required a vote of the homeowners.

Legal Basis

Conclusion of Law 4

Topic Tags

  • CC&R Renewal
  • Voting Rights
  • Governing Documents

Question

Who bears the burden of proof when a homeowner files a petition against their HOA?

Short Answer

The homeowner (Petitioner) bears the burden of proof to establish the violation.

Detailed Answer

In an administrative hearing, the person filing the complaint must prove their case. The HOA does not initially have to prove they are innocent; the homeowner must prove the HOA committed the violation.

Alj Quote

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

Legal Basis

Conclusion of Law 2; A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • Legal Procedure
  • Burden of Proof

Question

What does 'preponderance of the evidence' mean in an HOA dispute?

Short Answer

It means the claim is 'more probably true than not.'

Detailed Answer

The standard is not 'beyond a reasonable doubt' (like in criminal court). Instead, it is based on the greater weight of the evidence, which must be sufficient to incline a fair mind to one side rather than the other.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Conclusion of Law 3

Topic Tags

  • Legal Standards
  • Evidence

Question

Can an HOA amend its Articles of Incorporation to exist perpetually if they originally had an expiration date?

Short Answer

Yes, an HOA can amend its Articles to extend its duration to be perpetual.

Detailed Answer

The decision upheld the validity of previous amendments where the HOA changed its corporate duration from a fixed term (e.g., 25 years) to 'perpetual.'

Alj Quote

Respondent amended its Articles of Incorporation, Section VIII, on November 18, 1994, and again on January 15, 1999, which extended the duration of the Articles of Incorporation perpetually.

Legal Basis

Findings of Fact 10-12; Conclusion of Law 4

Topic Tags

  • Corporate Charter
  • Amendments
  • Articles of Incorporation

Question

Where can an Arizona homeowner file a dispute regarding violations of community documents?

Short Answer

A petition can be filed with the Arizona Department of Real Estate (ADRE).

Detailed Answer

Arizona law allows homeowners or associations to file a petition with the Department regarding violations of the documents or statutes regulating planned communities. These are then heard by the Office of Administrative Hearings.

Alj Quote

Arizona statute permits an owner or a planned community organization to file a petition with the Department for a hearing concerning violations of planned community documents or violations of statutes that regulate planned communities.

Legal Basis

Conclusion of Law 1; A.R.S. § 32-2199

Topic Tags

  • Dispute Resolution
  • ADRE
  • Jurisdiction

Question

Does a lack of knowledge about old amendments invalidate them?

Short Answer

No. Even if a current homeowner was unaware of amendments filed decades ago, they are still binding if properly recorded.

Detailed Answer

In this case, the petitioner was unaware of amendments from 1994 and 1999 until the hearing, but the ALJ still relied on those documents to determine that the corporation had not expired.

Alj Quote

Petitioner was not aware of the 1994 and 1999 amendments to the Articles of Incorporation until hearing… The credible and probative evidence of record established that Respondent amended its Articles of Incorporation… which extended the duration of the Articles of Incorporation perpetually.

Legal Basis

Findings of Fact 13; Conclusion of Law 4

Topic Tags

  • Record Keeping
  • Constructive Notice
  • Amendments

Case

Docket No
23F-H019-REL
Case Title
Pamela McKinney v. Valle Vista Property Owners Association
Decision Date
2023-01-31
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Pamela McKinney (petitioner)
    Appeared on her own behalf

Respondent Side

  • Alan A. Meda (HOA attorney)
    Burch & Cracchiolo
    Represented Respondent Valle Vista Property Owners Association
  • Sharon Grossi (board member)
    Valle Vista Property Owners Association
    President of the Board; testified as a witness for Respondent
  • Rebecca Bankov (property manager)
    Valle Vista Property Owners Association
    Also referred to as Rebecca fan
  • Amy Wood (board member)
    Valle Vista Property Owners Association
    Secretary on the board
  • Thomas Noble (board member)
    Valle Vista Property Owners Association
    Former President of the Board (mentioned in communication)
  • Stan Andrews (board member)
    Valle Vista Property Owners Association
    Mentioned by Petitioner as a board member
  • Ray Rose (board member)
    Valle Vista Property Owners Association
    Recently resigned from the board

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
    Administrative Law Judge
  • Jean Newman (CPA)
    Independent auditor who prepared financial report

Other Participants

  • Dennis Hope (Fire Chief)
    Northern Arizona Fire District
    External party cited in board communications regarding water shutoff threats

Elieen Ahearn and Robert Barfield v. High Lonesome Ranch Estates

Posted on by

Case Summary

Case ID 23F-H002-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-11-17
Administrative Law Judge Sondra J. Vanella
Outcome The Administrative Law Judge upheld the Petition, finding the Respondent HOA violated its Nominating and Elections Committee Mission and Procedures by refusing to count otherwise valid couriered ballots and subsequent in-person attempts to vote at the July 5, 2022 Special Election. Petitioners were deemed the prevailing party and awarded the $500 filing fee refund, and the HOA was assessed a $500 civil penalty.
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Eileen Ahearn Counsel —
Respondent High Lonesome Ranch Estates Property Owners Association Counsel Jason Smith, Esq.

Alleged Violations

HLR CCR 6.2.1 and HLR Association Rules: Nominating and Election Committee Mission and Procedures (approved 19 July 2021)

Outcome Summary

The Administrative Law Judge upheld the Petition, finding the Respondent HOA violated its Nominating and Elections Committee Mission and Procedures by refusing to count otherwise valid couriered ballots and subsequent in-person attempts to vote at the July 5, 2022 Special Election. Petitioners were deemed the prevailing party and awarded the $500 filing fee refund, and the HOA was assessed a $500 civil penalty.

Key Issues & Findings

Denial of the right to vote in Removal/Recall Special Election

Petitioners alleged they were denied the right to vote in the July 5, 2022 Removal/Recall Special Election after their initial ballots (couriered prior to the meeting) were rejected for lacking a postmark, and their subsequent attempts to cast new ballots in person were rejected for reasons including 'double voting' or being 'too late.' The ALJ found the HOA violated its established election procedures.

Orders: The Petition was upheld, and Petitioners were deemed the prevailing party. Respondent was ordered to pay Petitioners their $500.00 filing fee and pay a civil penalty of $500.00 to the Department.

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

Disposition: petitioner_win

Cited:

  • HLR CCR 6.2.1
  • Nominating and Elections Committee Mission and Procedures

Analytics Highlights

Topics: HOA Dispute, Election Violation, Voting Rights, CCNR, Recall Election, Filing Fee Refund, Civil Penalty
Additional Citations:

  • A.R.S. § 32-2199
  • 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
  • HLR CCR 6.2.1
  • Nominating and Elections Committee Mission and Procedures

Related election workflow tool

Many HOA election disputes start with preventable workflow problems: unclear ballot language, separate-vote issues, quorum tracking, paper/online reconciliation, proxy handling, or incomplete records. HOABallot is a separate platform built to document the voting workflow from notice through certification.

Preview HOABallot election workflows

Video Overview

Audio Overview

Decision Documents

23F-H002-REL Decision – 1009442.pdf

Uploaded 2026-04-24T11:55:32 (60.1 KB)

23F-H002-REL Decision – 1013289.pdf

Uploaded 2026-04-24T11:55:35 (127.8 KB)

23F-H002-REL Decision – 996298.pdf

Uploaded 2026-04-24T11:55:39 (54.8 KB)

23F-H002-REL Decision – 996319.pdf

Uploaded 2026-04-24T11:55:43 (7.5 KB)

23F-H002-REL Decision – 1009442.pdf

Uploaded 2026-01-23T17:49:47 (60.1 KB)

23F-H002-REL Decision – 1013289.pdf

Uploaded 2026-01-23T17:49:50 (127.8 KB)

23F-H002-REL Decision – 996298.pdf

Uploaded 2026-01-23T17:49:54 (54.8 KB)

23F-H002-REL Decision – 996319.pdf

Uploaded 2026-01-23T17:49:58 (7.5 KB)

The hearing was conducted before the Office of Administrative Hearings (OAH) concerning a Homeowners Association (HOA) Dispute Petition filed by Eileen Ahearn and Robert Barfield (Petitioners) against the High Lonesome Ranch Estates Property Owners Association (Respondent). The hearing took place on November 8, 2022.

Key Facts and Main Issues

The Petitioners alleged a violation of community documents, specifically HLR CCR 6.2.1 and HLR Association Rules: Nominating and Election Committee Mission and Procedures, stemming from the denial of their right to vote at the July 5, 2022, Removal/Recall Special Election. Petitioners were only allowed to present a single issue, having paid the corresponding $500.00 filing fee.

The factual dispute centered on 19 ballots without post marks that were not considered in the election. Petitioners and several other homeowners had completed their ballots prior to the meeting and delivered them to the ballot box custodian, Claire Peachey, who placed them in the secure box. Petitioners testified this was accepted practice and the use of couriers for ballots was approved in the past.

When Petitioners learned these ballots would not be counted due to the lack of a post mark, they attempted to fill out new ballots in person at the meeting. These new ballots were rejected for various reasons, including "double voting" and being "too late" because the voting was declared "closed". Evidence showed that all homeowners whose ballots were rejected had signed the recall petition that prompted the election.

Key Arguments

  • Petitioners’ Argument: The board members running the election—who were subject to the recall—arbitrarily denied votes using unwritten or newly interpreted rules (e.g., requiring a US postmark). They argued the denial violated their right to vote (one vote per lot) and failed to follow the procedure documents.
  • Respondent’s Argument: Respondent argued that the cited CCNR 6.2.1 was irrelevant as it only established voting rights (one vote per lot), not voting processes. They maintained that the Petitioners failed to submit their ballots properly, either by mail (with postmark) or in person before the close of voting. Respondent also objected that Petitioners relied on documents (like draft procedures) that were not cited in the initial petition.

Final Decision and Legal Points

The Administrative Law Judge (ALJ), Sondra J. Vanella, issued the Decision on November 17, 2022.

The ALJ found that Petitioners established by a preponderance of the evidence that the Respondent violated its Nominating and Elections Committee Mission and Procedures.

The ALJ concluded that the Elections Committee Chair (who was subject to the recall) refused to count ballots that could not be considered ineligible under the listed criteria (such as illegibility or lack of good standing). Furthermore, the Respondent failed to abide by its own procedure stating that “Every effort will be made to count as many votes as possible assuring a fair, open and honest election”.

Outcome

The Petition was upheld. Petitioners were deemed the prevailing party.

The ALJ ordered the following relief:

  1. Respondent must pay Petitioners their $500.00 filing fee.
  2. Respondent must pay a civil penalty in the amount of $500.00 to the Arizona Department of Real Estate.

Questions

Question

Can my HOA refuse to count a ballot simply because it was delivered by a courier or neighbor rather than mailed?

Short Answer

No. If the HOA's procedures do not explicitly forbid couriers and it has been past practice, they cannot reject ballots solely for lacking a postmark.

Detailed Answer

The ALJ ruled that the HOA violated its procedures by rejecting ballots placed in the ballot box prior to the election (via courier) simply because they lacked postmarks. The judge noted that the custodian of the box did not believe it was a problem and there was no reason for homeowners to believe they couldn't do so.

Alj Quote

Respondent violated its Nominating and Elections Committee Mission and Procedures when the Elections Committee Chair… refused to count Petitioners’ and other homeowners’ ballots that had been placed in the ballot box prior to the election… There was also no reason for Petitioners or the other homeowners to believe that they could not place their ballots in the ballot box prior to the election and have those ballots counted.

Legal Basis

Nominating and Elections Committee Mission and Procedures

Topic Tags

  • elections
  • ballots
  • couriers
  • voting rights

Question

What are valid reasons for an HOA to consider a ballot ineligible or spoiled?

Short Answer

Valid reasons typically include incorrect vote counts, unconfirmed ownership, illegibility, unsigned envelopes, or lack of good standing.

Detailed Answer

The decision outlines specific criteria for invalidating ballots found in the HOA's procedures. Arbitrary reasons not listed in the governing documents (like lack of a postmark when not required) are not valid grounds for rejection.

Alj Quote

Reasons a ballot may not be valid include incorrect number of votes, lot ownership cannot be confirmed, ballot is illegible, ballot envelope is not signed, or a member is not in good standing.

Legal Basis

Association Election Procedures

Topic Tags

  • elections
  • ballot validity
  • rules

Question

Is the HOA obligated to try to count votes rather than looking for reasons to disqualify them?

Short Answer

Yes. If the election procedures state that every effort will be made to count votes to ensure fairness, the HOA must adhere to that standard.

Detailed Answer

The ALJ cited the HOA's own mission statement which promised to make every effort to count votes. Rejecting ballots for minor procedural issues (like lacking a postmark) when the voters are present and eligible violates this obligation.

Alj Quote

Respondent’s Nominating and Elections Committee Mission and Procedures state that 'every effort will be made to count as many votes as possible assuring a fair, open and honest election.' This was not the case at the July 5, 2022 Special Election.

Legal Basis

Nominating and Elections Committee Mission and Procedures

Topic Tags

  • elections
  • fairness
  • HOA obligations

Question

If my mailed ballot is rejected, can the HOA prevent me from voting in person at the meeting?

Short Answer

No. If you are present at the meeting and your absentee ballot is rejected, the HOA should allow you to cast a replacement ballot.

Detailed Answer

The ALJ found a violation when the HOA refused to accept in-person ballots from homeowners whose courier ballots were rejected. The decision noted that these ballots were not ineligible for any valid reason (like lack of standing).

Alj Quote

Respondent violated its Nominating and Elections Committee Mission and Procedures when the Elections Committee Chair… refused to accept in-person ballots at the meeting, notwithstanding that those ballots could not be considered ineligible ballots.

Legal Basis

Voting Rights / Election Procedures

Topic Tags

  • in-person voting
  • ballot rejection
  • elections

Question

Can the HOA enforce a voting deadline strictly against some owners but not others?

Short Answer

No. It is a violation to tell some owners they are 'too late' while allowing others to vote after the deadline.

Detailed Answer

The decision noted that while the Petitioners were told voting was closed at 6:00 PM and they were 'too late,' another homeowner was allowed to place a ballot in the box at 6:15 PM.

Alj Quote

Homeowner Jeffrey Knox personally handed in his ballot at the meeting by placing it in the ballot box at approximately 6:15 p.m., notwithstanding that voting supposedly closed at 6:00 p.m.

Legal Basis

Fair Election Practices

Topic Tags

  • discrimination
  • deadlines
  • fairness

Question

What penalties can an HOA face if they are found to have violated election rules?

Short Answer

The HOA may be ordered to refund the homeowner's filing fee and pay a civil penalty to the Department of Real Estate.

Detailed Answer

In this case, the ALJ ordered the HOA to pay $500 to the petitioners (reimbursement) and a $500 civil penalty to the state.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioners their filing fee of $500.00… IT IS FURTHER ORDERED that… Respondent shall pay to the Department a civil penalty in the amount of $500.00

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • penalties
  • fines
  • reimbursement

Question

What is the 'burden of proof' for a homeowner in an administrative hearing?

Short Answer

The homeowner must prove the violation by a 'preponderance of the evidence,' meaning it is more likely than not that the violation occurred.

Detailed Answer

The decision defines the evidentiary standard required for the petitioners to win their case.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent committed the alleged violation(s) by a preponderance of the evidence… 'A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.'

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof
  • hearing process

Case

Docket No
23F-H002-REL
Case Title
Eileen Ahearn and Robert Barfield v. High Lonesome Ranch Estates Property Owners Association
Decision Date
2022-11-17
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA refuse to count a ballot simply because it was delivered by a courier or neighbor rather than mailed?

Short Answer

No. If the HOA's procedures do not explicitly forbid couriers and it has been past practice, they cannot reject ballots solely for lacking a postmark.

Detailed Answer

The ALJ ruled that the HOA violated its procedures by rejecting ballots placed in the ballot box prior to the election (via courier) simply because they lacked postmarks. The judge noted that the custodian of the box did not believe it was a problem and there was no reason for homeowners to believe they couldn't do so.

Alj Quote

Respondent violated its Nominating and Elections Committee Mission and Procedures when the Elections Committee Chair… refused to count Petitioners’ and other homeowners’ ballots that had been placed in the ballot box prior to the election… There was also no reason for Petitioners or the other homeowners to believe that they could not place their ballots in the ballot box prior to the election and have those ballots counted.

Legal Basis

Nominating and Elections Committee Mission and Procedures

Topic Tags

  • elections
  • ballots
  • couriers
  • voting rights

Question

What are valid reasons for an HOA to consider a ballot ineligible or spoiled?

Short Answer

Valid reasons typically include incorrect vote counts, unconfirmed ownership, illegibility, unsigned envelopes, or lack of good standing.

Detailed Answer

The decision outlines specific criteria for invalidating ballots found in the HOA's procedures. Arbitrary reasons not listed in the governing documents (like lack of a postmark when not required) are not valid grounds for rejection.

Alj Quote

Reasons a ballot may not be valid include incorrect number of votes, lot ownership cannot be confirmed, ballot is illegible, ballot envelope is not signed, or a member is not in good standing.

Legal Basis

Association Election Procedures

Topic Tags

  • elections
  • ballot validity
  • rules

Question

Is the HOA obligated to try to count votes rather than looking for reasons to disqualify them?

Short Answer

Yes. If the election procedures state that every effort will be made to count votes to ensure fairness, the HOA must adhere to that standard.

Detailed Answer

The ALJ cited the HOA's own mission statement which promised to make every effort to count votes. Rejecting ballots for minor procedural issues (like lacking a postmark) when the voters are present and eligible violates this obligation.

Alj Quote

Respondent’s Nominating and Elections Committee Mission and Procedures state that 'every effort will be made to count as many votes as possible assuring a fair, open and honest election.' This was not the case at the July 5, 2022 Special Election.

Legal Basis

Nominating and Elections Committee Mission and Procedures

Topic Tags

  • elections
  • fairness
  • HOA obligations

Question

If my mailed ballot is rejected, can the HOA prevent me from voting in person at the meeting?

Short Answer

No. If you are present at the meeting and your absentee ballot is rejected, the HOA should allow you to cast a replacement ballot.

Detailed Answer

The ALJ found a violation when the HOA refused to accept in-person ballots from homeowners whose courier ballots were rejected. The decision noted that these ballots were not ineligible for any valid reason (like lack of standing).

Alj Quote

Respondent violated its Nominating and Elections Committee Mission and Procedures when the Elections Committee Chair… refused to accept in-person ballots at the meeting, notwithstanding that those ballots could not be considered ineligible ballots.

Legal Basis

Voting Rights / Election Procedures

Topic Tags

  • in-person voting
  • ballot rejection
  • elections

Question

Can the HOA enforce a voting deadline strictly against some owners but not others?

Short Answer

No. It is a violation to tell some owners they are 'too late' while allowing others to vote after the deadline.

Detailed Answer

The decision noted that while the Petitioners were told voting was closed at 6:00 PM and they were 'too late,' another homeowner was allowed to place a ballot in the box at 6:15 PM.

Alj Quote

Homeowner Jeffrey Knox personally handed in his ballot at the meeting by placing it in the ballot box at approximately 6:15 p.m., notwithstanding that voting supposedly closed at 6:00 p.m.

Legal Basis

Fair Election Practices

Topic Tags

  • discrimination
  • deadlines
  • fairness

Question

What penalties can an HOA face if they are found to have violated election rules?

Short Answer

The HOA may be ordered to refund the homeowner's filing fee and pay a civil penalty to the Department of Real Estate.

Detailed Answer

In this case, the ALJ ordered the HOA to pay $500 to the petitioners (reimbursement) and a $500 civil penalty to the state.

Alj Quote

IT IS FURTHER ORDERED that Respondent pay Petitioners their filing fee of $500.00… IT IS FURTHER ORDERED that… Respondent shall pay to the Department a civil penalty in the amount of $500.00

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • penalties
  • fines
  • reimbursement

Question

What is the 'burden of proof' for a homeowner in an administrative hearing?

Short Answer

The homeowner must prove the violation by a 'preponderance of the evidence,' meaning it is more likely than not that the violation occurred.

Detailed Answer

The decision defines the evidentiary standard required for the petitioners to win their case.

Alj Quote

Petitioners bear the burden of proof to establish that Respondent committed the alleged violation(s) by a preponderance of the evidence… 'A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.'

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • legal standards
  • burden of proof
  • hearing process

Case

Docket No
23F-H002-REL
Case Title
Eileen Ahearn and Robert Barfield v. High Lonesome Ranch Estates Property Owners Association
Decision Date
2022-11-17
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Eileen Ahearn (petitioner)
  • Robert Barfield (petitioner)
  • Randy Kling (witness / former board member)
    Testified for Petitioners. Also referred to as Randy Clling/Clean.
  • Claire Peachey (witness / election committee member)
    Testified for Petitioners. Custodian of the ballot box.
  • Joyce Green (witness)
    Testified for Petitioners.
  • Jeffrey Knox (witness)
    Testified for Petitioners. Property owner who received rejected ballots.

Respondent Side

  • Jason Smith (HOA attorney)
    Smith & Wamsley PLLC
  • Nancy Sakarelli (board member)
    High Lonesome Ranch Estates Property Owners Association
    Board President; appeared virtually.
  • Corinthia Pangalinan (former board president / board member)
    High Lonesome Ranch Estates Property Owners Association
    Subject of recall petition; responded to original complaint.
  • Becky Hilgart (Election Committee Chair / board member)
    High Lonesome Ranch Estates Property Owners Association
    Subject of recall petition. Also referred to as Rebecca Kilgart/Gilgart/Elart.
  • Tommy Smith (Election Committee Volunteer / property owner)
    Involved in denying votes.
  • Wally Oliday (board member)
    High Lonesome Ranch Estates Property Owners Association
    Subject of recall petition.
  • Amanda Miller (board member)
    High Lonesome Ranch Estates Property Owners Association
    Subject of recall petition.

Neutral Parties

  • Sondra J. Vanella (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • Miranda Alvarez (Legal Secretary)
    OAH staff transmitting documents.
  • c. serrano (Administrative Staff)
    Staff transmitting documents.
  • AHansen (ADRE Staff)
    Arizona Department of Real Estate
  • vnunez (ADRE Staff)
    Arizona Department of Real Estate
  • djones (ADRE Staff)
    Arizona Department of Real Estate
  • labril (ADRE Staff)
    Arizona Department of Real Estate

Other Participants

  • Edna Barton (observer)
    On the line during the hearing.
  • Jill Burns (observer)
    Present in the hearing room.
  • John Kron (observer)
    Present in the hearing room.
  • Stacy (board director)
    Director mentioned in meeting agenda.
  • Deborah Bonesac (property owner)
    Referenced in testimony regarding past courier procedures.
  • Billy McFarland (board member)
    Subject of previous recall election.

Amy Hillburn v. Stetson Valley Owners Association

Posted on by

Case Summary

Case ID 23F-H008-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-11-17
Administrative Law Judge Sondra J. Vanella
Outcome The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove a violation of A.R.S. § 33-1804(A) because the Architectural Review Committee (ARC) had ceased holding regularly scheduled meetings since March 2022, thereby negating the statutory requirement that such committee meetings must be open to members.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Amy Hilburn Counsel —
Respondent Stetson Valley Owners Association Counsel Melissa Doolan, Esq.

Alleged Violations

A.R.S. § 33-1804 and Article 6.2 of the Bylaws

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove a violation of A.R.S. § 33-1804(A) because the Architectural Review Committee (ARC) had ceased holding regularly scheduled meetings since March 2022, thereby negating the statutory requirement that such committee meetings must be open to members.

Why this result: The ARC successfully argued that A.R.S. § 33-1804(A) only mandates open access for 'any regularly scheduled committee meetings.' Since they transitioned to using an online portal on an irregular schedule, they were no longer holding 'regularly scheduled meetings,' meaning the statute did not require them to be open.

Key Issues & Findings

Failure of Architectural Review Committee (ARC) to hold open meetings where members can comment prior to a vote.

Petitioner alleged the Architectural Review Committee (ARC) was violating A.R.S. § 33-1804 (open meetings statute) by failing to hold open meetings, particularly after the ARC began processing requests using an online portal which allows for discussion and voting among members outside of noticed meetings. Historically, the ARC held regularly scheduled meetings on the first Tuesday of every month until March 2022. The ALJ ultimately ruled that since March 2022, the ARC was not holding 'regularly scheduled committee meetings' as defined by the statute.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804(A)
  • A.R.S. § 32-2199
  • Article 6.2 of the Bylaws
  • 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. § 41-1092.09
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04

Analytics Highlights

Topics: HOA Open Meeting Law, Architectural Review Committee (ARC), Regularly Scheduled Meetings, Online Portal, Statutory Interpretation
Additional Citations:

  • A.R.S. § 33-1804(A)
  • Article 6.2 of the Bylaws

Related election workflow tool

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Video Overview

Audio Overview

Decision Documents

23F-H008-REL Decision – 1005178.pdf

Uploaded 2026-04-27T09:47:07 (48.8 KB)

23F-H008-REL Decision – 1005178.pdf

Uploaded 2026-01-23T17:51:08 (48.8 KB)

23F-H008-REL Decision – 1013302.pdf

Uploaded 2026-01-23T17:51:12 (110.8 KB)

The hearing in the matter of *Amy Hilburn v. Stetson Valley Owners Association* (No. 23F-H008-REL) was held before Administrative Law Judge (ALJ) Sondra J. Vanella at the Office of Administrative Hearings on November 9, 2022.

Key Facts and Main Issue

The Petitioner, Amy Hilburn, filed a dispute petition on or about August 19, 2022, alleging that the Stetson Valley Owners Association (HOA) violated Arizona Revised Statute (A.R.S.) § 33-1804 and Article 6.2 of its Bylaws. The sole issue determined at the hearing was whether the Association's Architectural Review Committee (ARC) was failing to hold open meetings where homeowner members could comment prior to a vote of the committee.

The core legal point centered on A.R.S. § 33-1804(A), which mandates that "all meetings of the members' association and the board of directors, and any regularly scheduled committee meetings" must be open to all members, who are permitted to attend and speak.

Petitioner’s Arguments

Petitioner Hilburn argued that the ARC previously held regularly scheduled meetings on the first Tuesday of every month from 2011 until February 2022, often without proper notice. Petitioner provided evidence, including old Meeting Minutes (2017–2021) and the Respondent's Paint Architectural Change Request Form, which stated the ARC reviewed applications on the first Tuesday of every month, demonstrating the regularity of the meetings.

Petitioner acknowledged that the ARC ceased holding traditional open meetings after July 2022, choosing instead to process applications through an online portal. However, she argued that the ability for ARC members to exchange comments and make decisions via this portal constitutes "discussion" and a form of regularly occurring meeting that should be open to the community, consistent with the legislature's intent for transparency.

Respondent’s Arguments

The Respondent, represented by Melissa Doolan, Esq., contended that the Association was following state law because the ARC does not currently hold regularly scheduled meetings. Testimony from Community Manager Danielle Miglio and ARC Member Ann Renee Wilsey established that since March 2022, the ARC moved to processing requests solely through an online portal to provide faster homeowner turnaround.

Respondent witnesses testified that under the portal system, ARC members are notified via email, but they view the request documentation and vote on their own time; there is no regularly scheduled time for them to convene, comment, or vote. Because the meetings are not "regularly scheduled," the open meeting requirement of A.R.S. § 33-1804(A) does not apply. The Respondent noted that the few in-person or virtual meetings that occurred in 2022 (April, June, and July) were noticed to the members.

Final Decision and Outcome

The ALJ found that while the ARC had held regularly scheduled meetings prior to utilizing the online portal system, the credible evidence established that since March 2022, the ARC has not been holding regularly scheduled meetings.

The ALJ concluded that the Petitioner failed to sustain her burden of proof by a preponderance of the evidence to establish a violation of A.R.S. § 33-1804(A) or Article 6.2 of the Bylaws, noting that the statute does not require the ARC to hold regularly scheduled meetings.

The ALJ ORDERED that Petitioner’s Petition is dismissed.

{ “case”: { “docket_no”: “23F-H008-REL”, “case_title”: “Amy Hilburn v. Stetson Valley Owners Association”, “decision_date”: “2022-11-17”, “alj_name”: “Sondra J. Vanella”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Does my HOA’s architectural committee have to hold open meetings for every decision?”, “short_answer”: “No, only “regularly scheduled” committee meetings are required to be open to members.”, “detailed_answer”: “The law specifically mandates that meetings of the members, the board of directors, and ‘regularly scheduled’ committee meetings be open. If a committee does not maintain a regular schedule, the open meeting requirement may not apply.”, “alj_quote”: “Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association…”, “legal_basis”: “A.R.S. § 33-1804(A)”, “topic_tags”: [ “Open Meetings”, “Committees”, “Homeowner Rights” ] }, { “question”: “Can an HOA committee conduct business through an online portal instead of meeting in person?”, “short_answer”: “Yes, utilizing an online portal to process requests is permitted and may result in the activity not being classified as a “regularly scheduled meeting.””, “detailed_answer”: “The ALJ found that moving committee business to an online portal where members review and vote on their own time effectively meant they were not holding ‘regularly scheduled meetings,’ thus bypassing the open meeting requirement.”, “alj_quote”: “Ms. Miglio testified that since August 2022, the ARC has not held regularly scheduled meetings because the ARC conducts its business through an online portal.”, “legal_basis”: “Fact Finding 3(e)”, “topic_tags”: [ “Digital Tools”, “Procedure”, “Committees” ] }, { “question”: “Is an HOA committee required by law to hold regularly scheduled meetings?”, “short_answer”: “No, there is generally no statutory requirement that committees must hold regularly scheduled meetings.”, “detailed_answer”: “The decision explicitly states that nothing in the cited statutes or bylaws required the Architectural Review Committee to adhere to a regular meeting schedule.”, “alj_quote”: “…nothing in the provisions cited by Petitioner require the ARC to hold regularly scheduled meetings.”, “legal_basis”: “Conclusion of Law 6”, “topic_tags”: [ “HOA Obligations”, “Committees”, “Scheduling” ] }, { “question”: “Do committee members have to discuss and vote on requests at the same time?”, “short_answer”: “No, committee members can review requests and vote asynchronously on their own time.”, “detailed_answer”: “The ALJ accepted testimony that committee members could view requests and vote individually whenever they chose, rather than convening at a specific time.”, “alj_quote”: “Ms. Wilsey testified that there is no regularly scheduled time to look at the requests, comment, and/or vote.”, “legal_basis”: “Fact Finding 3(h)”, “topic_tags”: [ “Voting”, “Procedure”, “Committees” ] }, { “question”: “What is the burden of proof for a homeowner suing their HOA?”, “short_answer”: “The homeowner must prove the violation by a “preponderance of the evidence.””, “detailed_answer”: “This legal standard means the homeowner must convince the judge that their claim is ‘more probably true than not.’ It refers to the convincing force of the evidence rather than the amount.”, “alj_quote”: “Petitioner bears the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence… A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”, “legal_basis”: “Conclusion of Law 2-3”, “topic_tags”: [ “Legal Standards”, “Burden of Proof”, “Dispute Process” ] }, { “question”: “Can committee members comment to each other online without it being an open meeting?”, “short_answer”: “Yes, the ability to comment via a portal does not necessarily create a “meeting” if done asynchronously.”, “detailed_answer”: “The decision noted that members could comment to each other through the portal, but because there was no regularly scheduled time for this interaction, it did not trigger the open meeting statute.”, “alj_quote”: “Members of the ARC have the ability to comment to each other through the portal and vote on the requests through the portal.”, “legal_basis”: “Fact Finding 3(g)”, “topic_tags”: [ “Communication”, “Committees”, “Open Meetings” ] }, { “question”: “If an HOA committee previously held regular meetings, are they forced to continue doing so?”, “short_answer”: “No, past practices do not mandate future behavior if the committee changes its process.”, “detailed_answer”: “Although the committee had a history of regular monthly meetings from 2011 to 2022, the ALJ ruled based on their current practice of using a portal, finding no violation because they were not currently meeting regularly.”, “alj_quote”: “The credible and probative evidence of record established that… prior to the ARC utilizing the online portal system, the ARC was holding regularly scheduled meetings. However, since March 2022, the ARC has not been holding regularly scheduled meetings…”, “legal_basis”: “Conclusion of Law 6”, “topic_tags”: [ “Precedent”, “Procedure”, “Committees” ] } ] }

{ “case”: { “docket_no”: “23F-H008-REL”, “case_title”: “Amy Hilburn v. Stetson Valley Owners Association”, “decision_date”: “2022-11-17”, “alj_name”: “Sondra J. Vanella”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Does my HOA’s architectural committee have to hold open meetings for every decision?”, “short_answer”: “No, only “regularly scheduled” committee meetings are required to be open to members.”, “detailed_answer”: “The law specifically mandates that meetings of the members, the board of directors, and ‘regularly scheduled’ committee meetings be open. If a committee does not maintain a regular schedule, the open meeting requirement may not apply.”, “alj_quote”: “Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the members’ association and the board of directors, and any regularly scheduled committee meetings, are open to all members of the association…”, “legal_basis”: “A.R.S. § 33-1804(A)”, “topic_tags”: [ “Open Meetings”, “Committees”, “Homeowner Rights” ] }, { “question”: “Can an HOA committee conduct business through an online portal instead of meeting in person?”, “short_answer”: “Yes, utilizing an online portal to process requests is permitted and may result in the activity not being classified as a “regularly scheduled meeting.””, “detailed_answer”: “The ALJ found that moving committee business to an online portal where members review and vote on their own time effectively meant they were not holding ‘regularly scheduled meetings,’ thus bypassing the open meeting requirement.”, “alj_quote”: “Ms. Miglio testified that since August 2022, the ARC has not held regularly scheduled meetings because the ARC conducts its business through an online portal.”, “legal_basis”: “Fact Finding 3(e)”, “topic_tags”: [ “Digital Tools”, “Procedure”, “Committees” ] }, { “question”: “Is an HOA committee required by law to hold regularly scheduled meetings?”, “short_answer”: “No, there is generally no statutory requirement that committees must hold regularly scheduled meetings.”, “detailed_answer”: “The decision explicitly states that nothing in the cited statutes or bylaws required the Architectural Review Committee to adhere to a regular meeting schedule.”, “alj_quote”: “…nothing in the provisions cited by Petitioner require the ARC to hold regularly scheduled meetings.”, “legal_basis”: “Conclusion of Law 6”, “topic_tags”: [ “HOA Obligations”, “Committees”, “Scheduling” ] }, { “question”: “Do committee members have to discuss and vote on requests at the same time?”, “short_answer”: “No, committee members can review requests and vote asynchronously on their own time.”, “detailed_answer”: “The ALJ accepted testimony that committee members could view requests and vote individually whenever they chose, rather than convening at a specific time.”, “alj_quote”: “Ms. Wilsey testified that there is no regularly scheduled time to look at the requests, comment, and/or vote.”, “legal_basis”: “Fact Finding 3(h)”, “topic_tags”: [ “Voting”, “Procedure”, “Committees” ] }, { “question”: “What is the burden of proof for a homeowner suing their HOA?”, “short_answer”: “The homeowner must prove the violation by a “preponderance of the evidence.””, “detailed_answer”: “This legal standard means the homeowner must convince the judge that their claim is ‘more probably true than not.’ It refers to the convincing force of the evidence rather than the amount.”, “alj_quote”: “Petitioner bears the burden of proof to establish that Respondent committed the alleged violation by a preponderance of the evidence… A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”, “legal_basis”: “Conclusion of Law 2-3”, “topic_tags”: [ “Legal Standards”, “Burden of Proof”, “Dispute Process” ] }, { “question”: “Can committee members comment to each other online without it being an open meeting?”, “short_answer”: “Yes, the ability to comment via a portal does not necessarily create a “meeting” if done asynchronously.”, “detailed_answer”: “The decision noted that members could comment to each other through the portal, but because there was no regularly scheduled time for this interaction, it did not trigger the open meeting statute.”, “alj_quote”: “Members of the ARC have the ability to comment to each other through the portal and vote on the requests through the portal.”, “legal_basis”: “Fact Finding 3(g)”, “topic_tags”: [ “Communication”, “Committees”, “Open Meetings” ] }, { “question”: “If an HOA committee previously held regular meetings, are they forced to continue doing so?”, “short_answer”: “No, past practices do not mandate future behavior if the committee changes its process.”, “detailed_answer”: “Although the committee had a history of regular monthly meetings from 2011 to 2022, the ALJ ruled based on their current practice of using a portal, finding no violation because they were not currently meeting regularly.”, “alj_quote”: “The credible and probative evidence of record established that… prior to the ARC utilizing the online portal system, the ARC was holding regularly scheduled meetings. However, since March 2022, the ARC has not been holding regularly scheduled meetings…”, “legal_basis”: “Conclusion of Law 6”, “topic_tags”: [ “Precedent”, “Procedure”, “Committees” ] } ] }

Case Participants

Petitioner Side

  • Amy Hilburn (petitioner)
    Stetson Valley Owners Association member
    Appeared pro se; former Board President

Respondent Side

  • Melissa Doolan (HOA attorney)
    Travis Law Firm
  • Danielle Miglio (community manager, witness)
    Oasis Community Management
  • Ann Renee Wilsey (ARC member, witness)
    Stetson Valley Owners Association ARC
  • Nichollet Widner (board member, witness)
    Stetson Valley Owners Association Board President
  • Tom Young (board member, observer)
    Stetson Valley Owners Association Board
  • Pam Weller (ARC member, observer)
    Stetson Valley Owners Association ARC
  • Omar Chavez (board member, observer)
    Stetson Valley Owners Association Board
  • Miranda Alvarez (legal secretary)
    Travis Law Firm
    Transmitting staff
  • Elizabeth Franco (community manager staff)
    Oasis Community Management
    Referenced in Petitioner's Exhibit 6 testimony
  • Benjamin Butler (ARC chairperson)
    Stetson Valley Owners Association ARC
    Referenced in Petitioner's Exhibit 6 testimony

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Louis Dettorre (commissioner)
    ADRE
  • AHansen (ADRE staff)
    ADRE
  • vnunez (ADRE staff)
    ADRE
  • djones (ADRE staff)
    ADRE
  • labril (ADRE staff)
    ADRE
  • c. serrano (OAH staff)
    OAH
    Transmitting staff

Other Participants

  • Amanda McGawan (observer)
  • Lisa Vargas (observer)
  • Nick Jackson (observer)

Brenda C Norman v. Rancho Del Lago Community Association

Posted on by

Case Summary

Case ID 22F-H2221019-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-01-18
Administrative Law Judge Adam D. Stone
Outcome Petitioner was deemed the prevailing party and RDLCA was ordered to comply with CC&R Section 3.1(D)(3) and refund the $500.00 filing fee. The specific remedy requested by Petitioner (ordering RDLCA to fine the neighbor or force light removal) was denied as the ALJ lacked statutory authority (A.R.S. § 32-2199.02) to grant that relief.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Brenda C Norman Counsel —
Respondent Rancho Del Lago Community Association Counsel Mackenzie Hill, Esq.

Alleged Violations

Section 3.1(D)(3) of the CC&Rs

Outcome Summary

Petitioner was deemed the prevailing party and RDLCA was ordered to comply with CC&R Section 3.1(D)(3) and refund the $500.00 filing fee. The specific remedy requested by Petitioner (ordering RDLCA to fine the neighbor or force light removal) was denied as the ALJ lacked statutory authority (A.R.S. § 32-2199.02) to grant that relief.

Key Issues & Findings

Violation of CC&R regarding flood illumination direction and ARC approval process.

Petitioner alleged that Respondent (RDLCA) violated CC&R 3.1(D)(3) because a neighbor installed flood lights shining onto Petitioner's property without RDLCA approval (ARC approval). The ALJ found RDLCA in violation because the lights were never approved.

Orders: RDLCA must comply with CC&R Section 3.1(D)(3) and pay Petitioner her $500.00 filing fee. No civil penalty was levied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

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

Analytics Highlights

Topics: HOA, CC&R, Lighting, Architectural Review, Filing Fee Refund
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • A.R.S. § 32-2199.02
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Video Overview

Audio Overview

Decision Documents

22F-H2221019-REL Decision – 939490.pdf

Uploaded 2026-04-26T09:57:40 (95.0 KB)

22F-H2221019-REL Decision – 939490.pdf

Uploaded 2026-01-23T17:42:27 (95.0 KB)

This summary details the administrative hearing proceedings in the matter of *Brenda C Norman v. Rancho Del Lago Community Association* (RDLCA), held on January 14, 2022, before Administrative Law Judge (ALJ) Adam D. Stone.

Key Facts and Main Issue

The Petitioner, Brenda C Norman, filed a Homeowners Association (HOA) Dispute Process Petition on or about October 23, 2021, alleging that RDLCA violated the community documents. The specific issue was RDLCA's alleged failure to enforce Section 3.1(D)(3) of the CC&Rs, which mandates that flood illumination must be directed at the owner’s property away from neighboring property. The Petitioner testified that her neighbor installed flood lights that shined into her backyard and residence, and she requested RDLCA fine the neighbors or force the removal of the fixture. The Petitioner paid a $500.00 filing fee.

Hearing Proceedings and Arguments

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

  • Petitioner’s Argument: The neighbor's lights continued to shine onto her property, and RDLCA had not adequately remedied the situation.
  • Respondent’s Argument: RDLCA, through community manager Spencer Brod, testified that upon receiving the complaint, they investigated and sent correspondence (August 17, 2021) to the neighbor requesting light removal. The neighbor subsequently replaced the fixture, and RDLCA later informed the Petitioner that the floodlights were now angled downward and were in compliance (September 2021). RDLCA also argued that the specific CC&R section applied only to lights on the front of the house, meaning neighbor approval was not required for the side/backyard fixture.

Legal Points and Final Decision

The ALJ found RDLCA in violation of the CC&Rs.

  • Legal Rationale: The ALJ could not definitively rule on RDLCA’s defense that the CC&R section applied only to front yards, as neither party submitted the full Section 3.1. However, the ALJ noted that RDLCA’s own correspondence referenced Section 3.1 and indicated the light was installed without ARC approval. Since no evidence demonstrated that ARC approval occurred, RDLCA was found to be in violation of CC&R Section 3.1(D)(3).
  • Outcome and Order: The Petitioner was deemed the prevailing party in this matter. Pursuant to A.R.S. § 32-2199.02, the ALJ ordered RDLCA to comply with Section 3.1(D)(3). The ALJ explicitly stated that he did not have the statutory authority to order RDLCA to fine or force the neighbor to remove the lights, thus denying the Petitioner's requested specific remedies. RDLCA was ordered to pay the Petitioner her $500.00 filing fee within thirty days. No civil penalty was deemed appropriate.

Questions

Question

Can an Administrative Law Judge order my HOA to fine a neighbor for a violation?

Short Answer

No, the ALJ does not have the statutory authority to order fines against neighbors.

Detailed Answer

Even if a violation is found, the ALJ explicitly stated that the statute does not grant them the power to order the HOA to fine a neighbor or to force a neighbor to remove non-compliant items.

Alj Quote

The Administrative Law Judge does not have the authority under the applicable statute to order that RDLCA fine or order the neighbor remove the lights.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • Remedies
  • Fines
  • Authority

Question

Who is responsible for proving that the HOA violated the community documents?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

The homeowner filing the dispute must prove the HOA's violation by a 'preponderance of the evidence'. It is not the HOA's job to disprove it initially.

Alj Quote

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

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • Burden of Proof
  • Evidence
  • Procedure

Question

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

Short Answer

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

Detailed Answer

In this decision, because the homeowner was the prevailing party, the HOA was ordered to pay the $500 filing fee directly to the homeowner within 30 days.

Alj Quote

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

Legal Basis

Order

Topic Tags

  • Fees
  • Reimbursement
  • Prevailing Party

Question

Can I challenge my HOA for failing to enforce architectural rules on a neighbor?

Short Answer

Yes, if the HOA allows modifications without the required approval.

Detailed Answer

The ALJ found the HOA in violation of the CC&Rs because the neighbor installed lights without the required Architectural Review Committee (ARC) approval, and the HOA failed to address this specific lack of approval.

Alj Quote

Because this never occurred, Respondent is in violation of CC&R Section 3.1(D)(3).

Legal Basis

CC&R Section 3.1(D)(3)

Topic Tags

  • Enforcement
  • Architectural Review
  • Lighting

Question

What happens if we don't provide the full text of the CC&Rs during the hearing?

Short Answer

The judge cannot rule on parts of the rules that are not provided.

Detailed Answer

The HOA tried to argue a rule applied only to the front yard, but because neither party submitted the full section of the CC&Rs, the judge could not verify that claim and had to rule based only on the evidence available.

Alj Quote

At the outset, neither party submitted the full Section 3.1 of the CC&R’s and the ALJ therefore cannot determine if the section in question applies to the front yard only.

Legal Basis

Evidentiary Standard

Topic Tags

  • Evidence
  • CC&Rs
  • Documentation

Question

What does 'preponderance of the evidence' mean?

Short Answer

It means the claim is more likely true than not.

Detailed Answer

The decision defines this legal standard as proof that convinces the judge that a contention is 'more probably true than not,' even if there is still some doubt.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Arizona Law of Evidence

Topic Tags

  • Legal Definitions
  • Standards

Case

Docket No
22F-H2221019-REL
Case Title
Brenda C Norman vs. Rancho Del Lago Community Association
Decision Date
2022-01-18
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

Can an Administrative Law Judge order my HOA to fine a neighbor for a violation?

Short Answer

No, the ALJ does not have the statutory authority to order fines against neighbors.

Detailed Answer

Even if a violation is found, the ALJ explicitly stated that the statute does not grant them the power to order the HOA to fine a neighbor or to force a neighbor to remove non-compliant items.

Alj Quote

The Administrative Law Judge does not have the authority under the applicable statute to order that RDLCA fine or order the neighbor remove the lights.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • Remedies
  • Fines
  • Authority

Question

Who is responsible for proving that the HOA violated the community documents?

Short Answer

The homeowner (Petitioner) bears the burden of proof.

Detailed Answer

The homeowner filing the dispute must prove the HOA's violation by a 'preponderance of the evidence'. It is not the HOA's job to disprove it initially.

Alj Quote

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

Legal Basis

A.R.S. § 41-1092.07(G)(2)

Topic Tags

  • Burden of Proof
  • Evidence
  • Procedure

Question

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

Short Answer

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

Detailed Answer

In this decision, because the homeowner was the prevailing party, the HOA was ordered to pay the $500 filing fee directly to the homeowner within 30 days.

Alj Quote

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

Legal Basis

Order

Topic Tags

  • Fees
  • Reimbursement
  • Prevailing Party

Question

Can I challenge my HOA for failing to enforce architectural rules on a neighbor?

Short Answer

Yes, if the HOA allows modifications without the required approval.

Detailed Answer

The ALJ found the HOA in violation of the CC&Rs because the neighbor installed lights without the required Architectural Review Committee (ARC) approval, and the HOA failed to address this specific lack of approval.

Alj Quote

Because this never occurred, Respondent is in violation of CC&R Section 3.1(D)(3).

Legal Basis

CC&R Section 3.1(D)(3)

Topic Tags

  • Enforcement
  • Architectural Review
  • Lighting

Question

What happens if we don't provide the full text of the CC&Rs during the hearing?

Short Answer

The judge cannot rule on parts of the rules that are not provided.

Detailed Answer

The HOA tried to argue a rule applied only to the front yard, but because neither party submitted the full section of the CC&Rs, the judge could not verify that claim and had to rule based only on the evidence available.

Alj Quote

At the outset, neither party submitted the full Section 3.1 of the CC&R’s and the ALJ therefore cannot determine if the section in question applies to the front yard only.

Legal Basis

Evidentiary Standard

Topic Tags

  • Evidence
  • CC&Rs
  • Documentation

Question

What does 'preponderance of the evidence' mean?

Short Answer

It means the claim is more likely true than not.

Detailed Answer

The decision defines this legal standard as proof that convinces the judge that a contention is 'more probably true than not,' even if there is still some doubt.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Arizona Law of Evidence

Topic Tags

  • Legal Definitions
  • Standards

Case

Docket No
22F-H2221019-REL
Case Title
Brenda C Norman vs. Rancho Del Lago Community Association
Decision Date
2022-01-18
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Brenda C Norman (petitioner)
    Appeared on her own behalf

Respondent Side

  • Mackenzie Hill (HOA attorney)
    The Brown Law Group, PLLC
    Represented Rancho Del Lago Community Association
  • Nathan Tennyson (HOA attorney)
    Represented Rancho Del Lago Community Association
  • Spencer Brod (community manager)
    Testified for Respondent

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission

Kathy Padalino v. Legend Trail Parcel A

Posted on by

Case Summary

Case ID 22F-H2221003-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-12-08
Administrative Law Judge Sondra J. Vanella
Outcome The Administrative Law Judge ordered that the Petitioner’s Petition be dismissed after finding that the Petitioner failed to sustain her burden to establish a violation by the Respondent of the cited sections of the CC&Rs.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kathy Padalino Counsel —
Respondent Legend Trail Parcel A Counsel Kelsey Dressen, Esq.

Alleged Violations

CC&Rs Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4

Outcome Summary

The Administrative Law Judge ordered that the Petitioner’s Petition be dismissed after finding that the Petitioner failed to sustain her burden to establish a violation by the Respondent of the cited sections of the CC&Rs.

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated the CC&Rs, and did not establish that Respondent was obligated to provide her with an individual access code separate from the one already provided to the Lot.

Key Issues & Findings

The dispute between Petitioner and Respondent arises from Community Document Conditions, Covenants, and Restrictions Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4.

Petitioner filed an HOA Dispute Process Petition alleging a violation of community documents because the HOA refused to grant her a personal access gate code. Petitioner argued that as an owner and member, she was entitled to her own personal and individual access code. Respondent disputed the violation, asserting the lot already had multiple modes of access, and was not obligated to provide an additional individual code.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&Rs Article 1 Section 26
  • CC&Rs Article 4 Section 4.6
  • CC&Rs Article 2, Section 2.4
  • A.R.S. § 32-2199
  • ARIZ. REV. STAT. section 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)

Analytics Highlights

Topics: HOA Dispute, CC&R Violation, Gate Access, Access Code Policy
Additional Citations:

  • A.R.S. § 32-2199
  • ARIZ. REV. STAT. section 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

Video Overview

Audio Overview

Decision Documents

22F-H2221003-REL Decision – 930504.pdf

Uploaded 2026-04-24T11:38:19 (109.5 KB)

22F-H2221003-REL Decision – 930504.pdf

Uploaded 2026-01-23T17:39:28 (109.5 KB)

This summary addresses your request for a concise overview of the administrative hearing decision, focusing on key facts, legal issues, arguments, and the final outcome, totaling less than 4000 characters.

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Summary of Administrative Hearing Decision

Case Title: Kathy Padalino v. Legend Trail Parcel A

Hearing Date: November 22, 2021

Forum: Office of Administrative Hearings

Key Facts and Main Issue

Petitioner Kathy Padalino, a co-owner of a property within the community, filed a Homeowners Association (HOA) Dispute Process Petition alleging that Respondent Legend Trail Parcel A violated the community’s Covenants, Conditions & Restrictions (CC&Rs).

The central issue was Petitioner’s assertion that the Respondent was violating CC&Rs Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4, by refusing to grant her an individual, personal access gate code. Petitioner argued that, as an Owner and Member, she was entitled to her own code, noting that the lack of a 24/7 personal code was inconvenient for long-term guests.

The Petitioner currently had four operational modes of access to the community: a vehicle fob, a functioning gate opener, a vendor code, and the four-digit lot code shared by her co-owner, Vance Gribble. Critically, Mr. Gribble had placed restrictions on Petitioner’s use of the shared lot code for her friends and family.

Key Arguments and Legal Points

Respondent’s Argument: Respondent did not dispute Petitioner’s status as an Owner or Member, but maintained that it had not violated the CC&Rs. The HOA cited its authority under CC&Rs Article 4 Section 4.3 to adopt rules regarding the management and use of common areas. The HOA’s Gate Access Policy, effective August 18, 2021, stipulates that “Each Lot will be issued a single four digit code for use by all Residents of the Lot”.

Legal Standard: The Petitioner bore the burden of proof to establish that the Respondent committed the alleged violation by a preponderance of the evidence (that the contention is more probably true than not).

Administrative Law Judge’s (ALJ) Conclusion: The ALJ found that the Petitioner failed to sustain her burden of proof.

  1. The Petitioner did not establish that the Respondent was obligated to provide her with a “personal” or “individual” access code.
  2. The Respondent had provided an access code for the Lot, in line with its policy, as well as multiple alternative methods of access.
  3. The ALJ determined that the restrictions placed on the lot’s code by the co-owner, Mr. Gribble, constituted an issue for the Petitioner to resolve with Mr. Gribble, not an issue for the Department or a violation committed by the HOA.

Outcome

The Administrative Law Judge concluded that Petitioner failed to establish a violation of the specified CC&R sections. Therefore, the Petitioner’s Petition was dismissed. This Order became binding on the parties unless a rehearing was granted.

Questions

Question

Who is responsible for proving that a violation occurred in an HOA dispute hearing?

Short Answer

The Petitioner (the person filing the complaint) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden is not on the HOA to prove they are innocent. Instead, the homeowner filing the petition must prove that the HOA committed the violation.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • Burden of Proof
  • Hearing Procedures

Question

What is the legal standard of proof required to win a hearing against an HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

This standard means that the evidence must show that the claim is more likely true than not true. It is based on the convincing force of the evidence rather than just the number of witnesses.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • Legal Standards
  • Evidence

Question

If Association Rules conflict with the CC&Rs (Declaration), which document controls?

Short Answer

The Declaration (CC&Rs) prevails.

Detailed Answer

The governing documents usually establish a hierarchy. If the Board adopts rules that are inconsistent with the recorded Declaration, the Declaration is the superior document.

Alj Quote

In the event of any conflict or inconsistency between the provisions of this Declaration and the Association Rules, the provisions of this Declaration shall prevail.

Legal Basis

CC&Rs Article 4 Section 4.3

Topic Tags

  • Governing Documents
  • Rules vs CC&Rs

Question

Is an HOA obligated to provide a unique gate access code to every individual owner?

Short Answer

Not necessarily, if access is provided to the Lot.

Detailed Answer

If the HOA provides valid methods of access for a Lot (such as a shared code, key fob, or remote), they may not be legally obligated to provide a specific 'personal' code for each individual owner of that Lot.

Alj Quote

Petitioner did not establish that Respondent is obligated to provide her with a “personal” or “individual” access code.

Legal Basis

Findings of Fact / Conclusions of Law 4

Topic Tags

  • Access Rights
  • Gate Codes
  • Security

Question

Can the Administrative Law Judge resolve disputes between co-owners regarding access to the property?

Short Answer

No, disputes between co-owners are personal matters.

Detailed Answer

If one co-owner restricts another co-owner from using a shared access code, the Department of Real Estate views this as a private issue between the owners, not a violation by the HOA.

Alj Quote

Mr. Gribble, as co-owner, has placed restrictions upon Petitioner’s use of the code for the Lot. That is an issue for Petitioner to take up with Mr. Gribble, not the Department.

Legal Basis

Conclusions of Law 4

Topic Tags

  • Co-owner Disputes
  • Jurisdiction

Question

Are Association Rules as enforceable as the CC&Rs?

Short Answer

Yes, generally rules are enforceable to the same extent as the Declaration.

Detailed Answer

Once validly adopted, Association Rules regarding the management and operation of the community can be enforced just like the recorded covenants.

Alj Quote

The Association Rules shall be enforceable in the same manner and to the same extent as the covenants, conditions and restrictions set forth in this Declaration.

Legal Basis

CC&Rs Article 4 Section 4.3

Topic Tags

  • Enforcement
  • Rules

Case

Docket No
22F-H2221003-REL
Case Title
Kathy Padalino v. Legend Trail Parcel A
Decision Date
2021-12-08
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving that a violation occurred in an HOA dispute hearing?

Short Answer

The Petitioner (the person filing the complaint) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the burden is not on the HOA to prove they are innocent. Instead, the homeowner filing the petition must prove that the HOA committed the violation.

Alj Quote

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

Legal Basis

ARIZ. REV. STAT. section 41-1092.07(G)(2); A.A.C. R2-19-119(A) and (B)(1)

Topic Tags

  • Burden of Proof
  • Hearing Procedures

Question

What is the legal standard of proof required to win a hearing against an HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

This standard means that the evidence must show that the claim is more likely true than not true. It is based on the convincing force of the evidence rather than just the number of witnesses.

Alj Quote

“A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • Legal Standards
  • Evidence

Question

If Association Rules conflict with the CC&Rs (Declaration), which document controls?

Short Answer

The Declaration (CC&Rs) prevails.

Detailed Answer

The governing documents usually establish a hierarchy. If the Board adopts rules that are inconsistent with the recorded Declaration, the Declaration is the superior document.

Alj Quote

In the event of any conflict or inconsistency between the provisions of this Declaration and the Association Rules, the provisions of this Declaration shall prevail.

Legal Basis

CC&Rs Article 4 Section 4.3

Topic Tags

  • Governing Documents
  • Rules vs CC&Rs

Question

Is an HOA obligated to provide a unique gate access code to every individual owner?

Short Answer

Not necessarily, if access is provided to the Lot.

Detailed Answer

If the HOA provides valid methods of access for a Lot (such as a shared code, key fob, or remote), they may not be legally obligated to provide a specific 'personal' code for each individual owner of that Lot.

Alj Quote

Petitioner did not establish that Respondent is obligated to provide her with a “personal” or “individual” access code.

Legal Basis

Findings of Fact / Conclusions of Law 4

Topic Tags

  • Access Rights
  • Gate Codes
  • Security

Question

Can the Administrative Law Judge resolve disputes between co-owners regarding access to the property?

Short Answer

No, disputes between co-owners are personal matters.

Detailed Answer

If one co-owner restricts another co-owner from using a shared access code, the Department of Real Estate views this as a private issue between the owners, not a violation by the HOA.

Alj Quote

Mr. Gribble, as co-owner, has placed restrictions upon Petitioner’s use of the code for the Lot. That is an issue for Petitioner to take up with Mr. Gribble, not the Department.

Legal Basis

Conclusions of Law 4

Topic Tags

  • Co-owner Disputes
  • Jurisdiction

Question

Are Association Rules as enforceable as the CC&Rs?

Short Answer

Yes, generally rules are enforceable to the same extent as the Declaration.

Detailed Answer

Once validly adopted, Association Rules regarding the management and operation of the community can be enforced just like the recorded covenants.

Alj Quote

The Association Rules shall be enforceable in the same manner and to the same extent as the covenants, conditions and restrictions set forth in this Declaration.

Legal Basis

CC&Rs Article 4 Section 4.3

Topic Tags

  • Enforcement
  • Rules

Case

Docket No
22F-H2221003-REL
Case Title
Kathy Padalino v. Legend Trail Parcel A
Decision Date
2021-12-08
Alj Name
Sondra J. Vanella
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Kathy Padalino (petitioner)
    Appeared on her own behalf

Respondent Side

  • Kelsey Dressen (attorney)
    LAW OFFICES OF CHOATE & WOOD
    Represented Respondent Legend Trail Parcel A

Neutral Parties

  • Sondra J. Vanella (ALJ)
  • Louis Dettorre (Commissioner)
    Arizona Department of Real Estate
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
  • djones (ADRE staff)
    Arizona Department of Real Estate
  • DGardner (ADRE staff)
    Arizona Department of Real Estate
  • vnunez (ADRE staff)
    Arizona Department of Real Estate

Other Participants

  • Vance Gribble (co-owner)
    Co-owns home with Petitioner