{ “case”: { “docket_no”: “21F-H2121040-REL”, “case_title”: “Marc Archer v. PMPE Community Association, Inc.”, “decision_date”: “2022-03-30”, “alj_name”: “Thomas Shedden”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA unreasonably refuse to approve my architectural plans?”, “short_answer”: “No, state law prohibits the unreasonable withholding of approval for construction projects.”, “detailed_answer”: “Arizona law explicitly states that an HOA cannot unreasonably withhold approval for architectural designs, plans, or amendments. If an HOA denies a request, the denial must be based on reasonable grounds supported by the community documents.”, “alj_quote”: “ARIZ. REV. STAT. section 33-1817(B)(3) provides that “Approval of a construction project’s architectural designs, plans and amendments shall not unreasonably be withheld.””, “legal_basis”: “A.R.S. § 33-1817(B)(3)”, “topic_tags”: [ “architectural review”, “homeowner rights”, “statutory compliance” ] }, { “question”: “Is the HOA required to give me a written reason if they deny my project?”, “short_answer”: “Yes, failing to provide a written reason for denial can be considered a violation of the statute.”, “detailed_answer”: “In this dispute, a prior decision established that the HOA violated the law by failing to provide the homeowner with a written explanation for denying preliminary approval. The homeowner must be informed of the specific basis for the decision.”, “alj_quote”: “In a Decision dated December 3, 2020, the ALJ in that matter determined that the Association had violated its CC&Rs and section 33-1817(B)(3) because it did not provide Mr. Archer with a written reason for denying preliminary approval.”, “legal_basis”: “A.R.S. § 33-1817(B)(3)”, “topic_tags”: [ “procedural requirements”, “due process”, “denial notices” ] }, { “question”: “Can the HOA deny my request based on a rule that isn’t written down?”, “short_answer”: “Generally no. If the architectural rules do not explicitly prohibit a specific material or method, the HOA may be acting outside its authority to deny it.”, “detailed_answer”: “The ALJ found that the HOA acted outside its authority by denying a request to paint roof tiles because the architectural rules (ARs) did not explicitly prohibit painting tiles, whereas other sections of the rules explicitly prohibited other specific materials (like vinyl siding).”, “alj_quote”: “Regarding the second basis for denial, the preponderance of the evidence shows that the Association acted outside its scope of authority because the ARs do not include a prohibition on painting tiles.”, “legal_basis”: “Scope of Authority”, “topic_tags”: [ “enforcement authority”, “architectural rules”, “unwritten rules” ] }, { “question”: “Who has to prove the case if I file a petition against my HOA?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing regarding an HOA dispute, the homeowner alleging the violation is responsible for providing evidence that supports their claim by a preponderance of the evidence.”, “alj_quote”: “Mr. Archer bears the burden of proof to show that the alleged violation occurred. The standard of proof on all issues in this matter is that of a preponderance of the evidence.”, “legal_basis”: “A.A.C. R2-19-119”, “topic_tags”: [ “burden of proof”, “legal standards”, “hearing procedures” ] }, { “question”: “Can the HOA deny my project because they think it doesn’t ‘harmonize’ with the neighborhood?”, “short_answer”: “Only if they can prove it will ‘dominate or sharply contrast’ with the community.”, “detailed_answer”: “While rules often require harmony, this is interpreted to mean the project should not dominate or contrast sharply. If the evidence shows the project shares features (like roof pitch) with other homes, a denial based on lack of harmony may be unreasonable.”, “alj_quote”: “AR section 1.1 shows that improvements are to harmonize with the community, “rather than to dominate and/or contrast sharply with it.” … There was no substantial evidence adduced showing that Mr. Archer’s proposed addition will dominate or sharply contrast with the community.”, “legal_basis”: “Community Documents (AR Section 1.1)”, “topic_tags”: [ “aesthetics”, “harmony”, “architectural standards” ] }, { “question”: “Can I get my filing fee back if I win against the HOA?”, “short_answer”: “Yes, if the homeowner prevails, the HOA can be ordered to reimburse the filing fee.”, “detailed_answer”: “State law allows the prevailing party in an HOA dispute to recover the filing fee. In this case, because the ALJ ordered the HOA to approve the design, the HOA was also ordered to pay the petitioner’s $500 fee.”, “alj_quote”: “The Association also must pay to Mr. Archer his $500 filing fee. ARIZ. REV. STAT. § 32-2199.02(A).”, “legal_basis”: “A.R.S. § 32-2199.02(A)”, “topic_tags”: [ “penalties”, “reimbursement”, “filing fees” ] }, { “question”: “Does hiring an architect to review my plans help my case?”, “short_answer”: “Yes, professional opinions stating your plans comply with the rules can be strong evidence.”, “detailed_answer”: “The homeowner presented an affidavit from a registered architect who reviewed the plans and rules, concluding the design was compliant. This evidence helped refute the HOA’s claims that the design lacked architectural elements.”, “alj_quote”: “Mr. Bragg concluded that the proposal was in compliance with the ARs. He noted that the proposed second floor matched the existing architecture and that the “lowered roof height is stepped below the existing second floor roof line….””, “legal_basis”: “Evidence Weight”, “topic_tags”: [ “expert testimony”, “evidence”, “architectural review” ] }, { “question”: “What if the HOA’s denial letter is confusing or lists reasons as just ‘advisory’?”, “short_answer”: “The judge will look at the actual reasons for denial, even if the HOA categorizes them poorly.”, “detailed_answer”: “In this case, the HOA listed some reasons for denial under a section labeled ‘advisory.’ The ALJ noted this was confusing but still analyzed whether those reasons were valid grounds for denial. The confusion did not prevent the judge from ruling the denial was unreasonable.”, “alj_quote”: “The Association’s reasons for denial are arguably not clear because it included two of its three reasons in a portion of the denial notice that was advisory only. Nevertheless, Mr. Archer presented sufficient evidence to show that none of the three reasons is reasonable.”, “legal_basis”: “Reasonableness Standard”, “topic_tags”: [ “denial notices”, “administrative review”, “confusion” ] } ] }