Tag Archives: A.R.S. § 33-1248

Park, Denise vs. Montezuma Fairway Villas Homeowners Association

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Case Summary

Case ID 13F-H1213010-BFS-rhg
Agency Department of Fire, Building and Life Safety
Tribunal Office of Administrative Hearings
Decision Date 2014-01-17
Administrative Law Judge M. Douglas
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Denise Park Counsel J. Roger Wood
Respondent Montezuma Fairway Villas Homeowners Association Counsel Jonathon V. O’Steen

Alleged Violations

A.R.S. § 33-1247
A.R.S. § 33-1248
A.R.S. § 33-1250
A.R.S. § 33-1258

Outcome Summary

The Director accepted the ALJ's decision on rehearing. The Petitioner prevailed on 2 of 4 issues (maintenance and elections). The Respondent was ordered to pay Petitioner $1,000.00 (half the filing fee) and provide proof of weed control in common areas.

Why this result: Petitioner lost the open meetings issue due to failure to attend despite notice, and the financial records issue due to the one-year statute of limitations.

Key Issues & Findings

Maintenance of common areas

Petitioner alleged the HOA failed to maintain common areas, citing a broken wall, weeds, and overflowing trash containers. The Tribunal found credible evidence of these conditions.

Orders: HOA ordered to comply with statute; eliminate or control weeds within 90 days and provide proof.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 73
  • 76
  • 133
  • 138
  • 139

Open meetings

Petitioner alleged the HOA failed to conduct open meetings. The Tribunal found notice was mailed but Petitioner failed to attend.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Cited:

  • 73
  • 134

Proper elections

Petitioner alleged the HOA failed to hold proper elections. The Tribunal found no election was held at the annual meeting.

Orders: HOA ordered to fully comply with election statutes in the future.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • 73
  • 135
  • 138

Financial information

Petitioner alleged the HOA failed to provide requested financial information. While the HOA failed to provide records within 10 days, the claim was barred by the statute of limitations.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Cited:

  • 73
  • 136
  • 137

Decision Documents

12F-H1213010-BFS Decision – 334123.pdf

Uploaded 2026-01-27T21:10:12 (205.6 KB)

12F-H1213010-BFS Decision – 370568.pdf

Uploaded 2026-01-27T21:10:12 (41.0 KB)

12F-H1213010-BFS Decision – 376532.pdf

Uploaded 2026-01-27T21:10:13 (212.0 KB)

**Case Summary: Denise Park v. Montezuma Fairway Villas Homeowners Association**
**Case No. 12F-H1213010-BFS**

**Overview**
This case involves a petition filed by Denise Park (Petitioner) against the Montezuma Fairway Villas Homeowners Association (Respondent) before the Arizona Office of Administrative Hearings. The Petitioner, an owner of three condominium units, alleged that the Respondent violated multiple provisions of the Arizona Revised Statutes (A.R.S.) regarding planned communities. The proceedings included an initial hearing on March 28, 2013, and a rehearing on November 20, 2013.

**Key Allegations and Issues**
The Petitioner charged the Respondent with four specific violations:
1. **Failure to maintain common areas** (A.R.S. § 33-1247), specifically regarding a broken wall, weeds, peeling paint, and insufficient trash containers.
2. **Failure to conduct open meetings** (A.R.S. § 33-1248).
3. **Failure to hold proper elections** (A.R.S. § 33-1250).
4. **Failure to provide financial information** within the statutory timeframe (A.R.S. § 33-1258).

**Arguments**
* **Petitioner:** Park testified that common areas were neglected, trash bins were overflowing, and she had not received proper notice of meetings or elections. She also argued the Association failed to provide requested financial records until after she filed her petition.
* **Respondent:** The Association argued that maintenance issues resulted from financial struggles caused by unpaid dues, including dues owed by the Petitioner. Regarding meetings, the Treasurer testified that notice for the May 2012 meeting was mailed to Park, but she did not attend. Regarding elections, the Association argued that because only three members attended the meeting—all of whom were current officers willing to continue—no formal election was necessary. On rehearing, the Respondent raised a defense regarding the statute of limitations for the financial records claim.

**Findings of Fact and Legal Conclusions**
The Administrative Law Judge (ALJ) issued a decision on rehearing, which modified the initial findings:

1. **Maintenance (Violation Found):** The ALJ found the Association failed to maintain common areas, citing the broken wall and weeds. Although the Association performed repairs after the initial hearing, the violation was substantiated at the time of the complaint.
2. **Open Meetings (No Violation):** The ALJ found the Association did hold

Case Participants

Petitioner Side

  • Denise Park (petitioner)
    Montezuma Fairway Villas Homeowners Association (Member)
    Owner of three condominium units
  • J. Roger Wood (attorney)
    J. Roger Wood PLLC
    Represented Petitioner in rehearing

Respondent Side

  • Carol Ann Klagge (witness)
    Montezuma Fairway Villas Homeowners Association
    Treasurer; owns three units
  • Jay Klagge (board member)
    Montezuma Fairway Villas Homeowners Association
    Secretary
  • Tony Sturgeon (board member)
    Montezuma Fairway Villas Homeowners Association
    Vice-President
  • Helen Bartels (witness)
    Montezuma Fairway Villas Homeowners Association
    Became board member after March 28, 2013 hearing
  • Jonathon V. O’Steen (attorney)
    O’Steen & Harrison, PLC
    Represented Respondent in rehearing; listed as Petitioner's attorney in initial hearing decision
  • Kevin R. Harper (attorney)
    Harper Law, PLC
    Represented Respondent in initial hearing; Final Order mailing list lists 'Denise Park c/o Harper Law PLC'

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
  • Gene Palma (Director)
    Department of Fire, Building and Life Safety
  • Joni Cage (Complaint Program Manager)
    Department of Fire, Building and Life Safety

Yuille, John vs. Harmon, Connie, et. al.

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Case Summary

Case ID 11F-H1112005-BFS-res
Agency Department of Fire, Building and Life Safety
Tribunal OAH
Decision Date 2012-09-18
Administrative Law Judge M. Douglas
Outcome yes
Filing Fees Refunded $550.00
Civil Penalties $200.00

Parties & Counsel

Petitioner John Yuille Counsel —
Respondent Caida Court Homeowner Association Counsel —

Alleged Violations

A.R.S. § 33-1243(H)

Outcome Summary

The Administrative Law Judge found that the Respondent failed to call, notice, and hold a special meeting to remove the Petitioner from the Board of Directors within the statutory thirty-day timeframe upon receipt of a petition. The Respondent was ordered to comply with the statute, refund the filing fee, and pay a civil penalty.

Key Issues & Findings

Failure to propertly call and notice special meeting for board removal

Petitioner alleged Respondent failed to deliver the recall petition and follow statutory procedures for removing a board member. The Respondent admitted to a lack of removal information and possible failure to follow statute.

Orders: Respondent shall comply with A.R.S. § 33-1243(H) in the future; Respondent shall pay Petitioner his filing fee of $550.00; Respondent shall pay a civil penalty of $200.00 to the Department.

Filing fee: $550.00, Fee refunded: Yes, Civil penalty: $200.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1243(H)
  • A.R.S. § 33-1248

Decision Documents

11F-H1112005-BFS Decision – 307243.pdf

Uploaded 2026-01-25T15:24:46 (83.2 KB)

11F-H1112005-BFS Decision – 311519.pdf

Uploaded 2026-01-25T15:24:47 (59.7 KB)

**Case Summary: Yuille v. Caida Court Homeowner Association**
**Case No.:** 11F-H1112005-BFS-res
**Forum:** Arizona Office of Administrative Hearings
**Date:** September 13, 2012 (Hearing); October 24, 2012 (Final Certification)

**Proceedings**
This administrative hearing addressed a petition filed by John Yuille (Petitioner) against the Caida Court Homeowner Association (Respondent). The Petitioner appeared on his own behalf, while the Respondent failed to appear at the hearing,. The hearing was presided over by Administrative Law Judge M. Douglas.

**Key Facts and Arguments**
The dispute arose after the Petitioner, who served as Chairman of the Board of Management for Caida Court, was recalled from his position on August 24, 2011.
* **Petitioner’s Argument:** Mr. Yuille alleged that the Respondent violated A.R.S. § 33-1243(H) regarding the procedure for removing a board member. He testified that he returned from a trip to find a special meeting for his removal already in progress. He requested a copy of the recall petition but was never provided one, leading him to believe a written petition did not actually exist,.
* **Respondent’s Position:** Although absent from the hearing, the Respondent submitted a written Answer admitting that they "possibly did not follow the statute 33-1248" due to a lack of removal information and apologized for the error.

**Legal Issues and Findings**
The primary legal issue was whether the Association complied with A.R.S. § 33-1243(H), which mandates specific timelines and notice requirements for calling a special meeting upon receipt of a removal petition,.

The Administrative Law Judge concluded that the Respondent violated A.R.S. § 33-1243(H). The decision was based on undisputed credible testimony establishing that the Respondent failed to call, notice, and hold the special meeting to remove the Petitioner within thirty days after receiving the petition, as required by law.

**Outcome and Final Decision**
The Tribunal ruled in favor of the Petitioner, deeming him the prevailing party. The Order mandated the following:
1. **Future Compliance:** The Respondent was ordered to comply with the provisions of A.R.S. § 33-1243(H) in the future.
2. **Reimbursement:** The Respondent was ordered to pay the Petitioner $550.00 to cover his filing fee.
3. **Civil Penalty:** The Respondent was assessed a civil penalty of $200.00, payable to the Department of Fire, Building and Life Safety.

The decision was certified as the final administrative decision on October 24, 2012, as the Department took no action to modify or reject the Judge's decision within the statutory review period,.

Case Participants

Petitioner Side

  • John Yuille (petitioner)
    Caida Court Homeowner Association
    Appeared on own behalf; former Chairman of the Board

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Gene Palma (Director)
    Department of Fire, Building and Life Safety
  • Cliff J. Vanell (Director)
    Office of Administrative Hearings
    Certified the ALJ decision
  • Holly Textor (staff)
    Department of Fire, Building and Life Safety
    Listed on mailing distribution c/o Gene Palma