Paradise Park Condominiums Phase II Homeowners Association
Counsel
Ashley N. Moscarello
Alleged Violations
Article II Section 3 of Respondent’s bylaws
Outcome Summary
The Administrative Law Judge affirmed the Petitioner's claim, finding that the HOA violated Article II Section 3 of its bylaws by failing to hold the Annual Meeting on the second Monday of March (March 13, 2023). The HOA was ordered to reimburse the Petitioner's $500.00 filing fee, but a request for a civil penalty was denied.
Key Issues & Findings
Failure to hold an annual meeting as required by bylaws
The HOA failed to hold the mandatory annual meeting on March 13, 2023, as explicitly required by the amended bylaws (Article II Section 3). The meeting was subsequently scheduled for May 8, 2023, 56 days late, constituting a violation, even though the later meeting failed to meet quorum.
Orders: Petitioner’s petition is affirmed. Respondent shall reimburse Petitioner’s filing fee of $500.00. Petitioner’s request to levy a civil penalty against Respondent is denied.
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
Video Overview
Audio Overview
Decision Documents
23F-H053-REL Decision – 1072068.pdf
Uploaded 2026-01-23T17:57:32 (115.3 KB)
Study Guide – 23F-H053-REL
{ “case”: { “docket_no”: “23F-H053-REL”, “case_title”: “Deborah L. Masear v. Paradise Park Condominiums Phase II Homeowners Association”, “decision_date”: “2023-07-10”, “alj_name”: “Brian Del Vecchio”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If the bylaws state a specific date for the annual meeting, can the HOA board reschedule it to a different month?”, “short_answer”: “No. If the bylaws use mandatory language like “shall,” the HOA cannot change the date.”, “detailed_answer”: “The ALJ determined that when bylaws state a meeting “shall be held” on a specific date, this language is mandatory and not permissive. The HOA does not have the discretion to change the date of the annual meeting if the governing documents specify exactly when it must occur.”, “alj_quote”: “Respondent’s Bylaws state, ‘[t]he annual meeting of the members shall be held,’ at the designated date and time annually. The phrase ‘shall be held’ is not permissive; there is no changing the date of the annual meeting.”, “legal_basis”: “Bylaws Article II Section 3”, “topic_tags”: [ “Annual Meetings”, “Bylaws Interpretation”, “HOA Obligations” ] }, { “question”: “Does a meeting count as being ‘held’ if the HOA schedules it but fails to reach a quorum?”, “short_answer”: “No. If a quorum is not present, the meeting is legally considered not to have been held.”, “detailed_answer”: “Even if the HOA sends notice and attempts to convene, the failure to achieve a quorum means the meeting cannot conduct business. The ALJ ruled that in such cases, the meeting was not actually held, resulting in a violation if the bylaws required a meeting on that date.”, “alj_quote”: “Respondent attempted to hold an annual meeting on May 8, 2023, and but for the lack of quorum, the meeting was not held.”, “legal_basis”: “Findings of Fact”, “topic_tags”: [ “Quorum”, “Annual Meetings”, “Procedural Requirements” ] }, { “question”: “If I win my dispute against the HOA, will I get my $500 filing fee back?”, “short_answer”: “Yes. The ALJ has the authority to order the HOA to reimburse the filing fee to the prevailing homeowner.”, “detailed_answer”: “In this decision, after ruling in favor of the homeowner regarding the failure to hold the annual meeting, the judge ordered the HOA to reimburse the $500 filing fee the homeowner paid to initiate the case.”, “alj_quote”: “IT IS FURTHER ORDERED Respondent shall reimburse Petitioner’s filing fee of $500.00 pursuant to ARIZ. REV. STAT. § 32-2199.02(A).”, “legal_basis”: “ARIZ. REV. STAT. § 32-2199.02(A)”, “topic_tags”: [ “Remedies”, “Filing Fees”, “Costs” ] }, { “question”: “Will the HOA automatically be fined a civil penalty if they are found to have violated the bylaws?”, “short_answer”: “No. The ALJ may deny a request for civil penalties even if they find that a violation occurred.”, “detailed_answer”: “While the homeowner in this case requested a civil penalty be levied against the HOA for the violation, the ALJ explicitly denied this request in the final order, despite ruling that the HOA had violated the bylaws.”, “alj_quote”: “IT IS FURTHER ORDERED that Petitioner’s request to levy a civil penalty against Respondent is denied.”, “legal_basis”: “Administrative Discretion”, “topic_tags”: [ “Penalties”, “Remedies”, “Enforcement” ] }, { “question”: “Who has to prove that the HOA violated the rules?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing before the OAH, the person bringing the complaint must prove their case by a ‘preponderance of the evidence.’ It is not up to the HOA to prove they are innocent; the homeowner must prove the violation occurred.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated Article II Section 3 of the Bylaws.”, “legal_basis”: “ARIZ. ADMIN. CODE R2-19-119”, “topic_tags”: [ “Burden of Proof”, “Legal Standards”, “Hearing Procedures” ] }, { “question”: “What kind of HOA disputes can I file with the Arizona Department of Real Estate?”, “short_answer”: “You can file petitions regarding violations of community documents (CC&Rs, bylaws) or state statutes regulating planned communities.”, “detailed_answer”: “The Department has jurisdiction to hear disputes between owners and associations specifically concerning violations of the community’s governing documents or the relevant Arizona statutes regulating these communities.”, “alj_quote”: “The owner or association may petition the department for a hearing concerning violations of community documents or violations of the statutes that regulate planned communities…”, “legal_basis”: “ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.”, “topic_tags”: [ “Jurisdiction”, “ADRE”, “Filing a Complaint” ] } ] }
Blog Post – 23F-H053-REL
{ “case”: { “docket_no”: “23F-H053-REL”, “case_title”: “Deborah L. Masear v. Paradise Park Condominiums Phase II Homeowners Association”, “decision_date”: “2023-07-10”, “alj_name”: “Brian Del Vecchio”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If the bylaws state a specific date for the annual meeting, can the HOA board reschedule it to a different month?”, “short_answer”: “No. If the bylaws use mandatory language like “shall,” the HOA cannot change the date.”, “detailed_answer”: “The ALJ determined that when bylaws state a meeting “shall be held” on a specific date, this language is mandatory and not permissive. The HOA does not have the discretion to change the date of the annual meeting if the governing documents specify exactly when it must occur.”, “alj_quote”: “Respondent’s Bylaws state, ‘[t]he annual meeting of the members shall be held,’ at the designated date and time annually. The phrase ‘shall be held’ is not permissive; there is no changing the date of the annual meeting.”, “legal_basis”: “Bylaws Article II Section 3”, “topic_tags”: [ “Annual Meetings”, “Bylaws Interpretation”, “HOA Obligations” ] }, { “question”: “Does a meeting count as being ‘held’ if the HOA schedules it but fails to reach a quorum?”, “short_answer”: “No. If a quorum is not present, the meeting is legally considered not to have been held.”, “detailed_answer”: “Even if the HOA sends notice and attempts to convene, the failure to achieve a quorum means the meeting cannot conduct business. The ALJ ruled that in such cases, the meeting was not actually held, resulting in a violation if the bylaws required a meeting on that date.”, “alj_quote”: “Respondent attempted to hold an annual meeting on May 8, 2023, and but for the lack of quorum, the meeting was not held.”, “legal_basis”: “Findings of Fact”, “topic_tags”: [ “Quorum”, “Annual Meetings”, “Procedural Requirements” ] }, { “question”: “If I win my dispute against the HOA, will I get my $500 filing fee back?”, “short_answer”: “Yes. The ALJ has the authority to order the HOA to reimburse the filing fee to the prevailing homeowner.”, “detailed_answer”: “In this decision, after ruling in favor of the homeowner regarding the failure to hold the annual meeting, the judge ordered the HOA to reimburse the $500 filing fee the homeowner paid to initiate the case.”, “alj_quote”: “IT IS FURTHER ORDERED Respondent shall reimburse Petitioner’s filing fee of $500.00 pursuant to ARIZ. REV. STAT. § 32-2199.02(A).”, “legal_basis”: “ARIZ. REV. STAT. § 32-2199.02(A)”, “topic_tags”: [ “Remedies”, “Filing Fees”, “Costs” ] }, { “question”: “Will the HOA automatically be fined a civil penalty if they are found to have violated the bylaws?”, “short_answer”: “No. The ALJ may deny a request for civil penalties even if they find that a violation occurred.”, “detailed_answer”: “While the homeowner in this case requested a civil penalty be levied against the HOA for the violation, the ALJ explicitly denied this request in the final order, despite ruling that the HOA had violated the bylaws.”, “alj_quote”: “IT IS FURTHER ORDERED that Petitioner’s request to levy a civil penalty against Respondent is denied.”, “legal_basis”: “Administrative Discretion”, “topic_tags”: [ “Penalties”, “Remedies”, “Enforcement” ] }, { “question”: “Who has to prove that the HOA violated the rules?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing before the OAH, the person bringing the complaint must prove their case by a ‘preponderance of the evidence.’ It is not up to the HOA to prove they are innocent; the homeowner must prove the violation occurred.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated Article II Section 3 of the Bylaws.”, “legal_basis”: “ARIZ. ADMIN. CODE R2-19-119”, “topic_tags”: [ “Burden of Proof”, “Legal Standards”, “Hearing Procedures” ] }, { “question”: “What kind of HOA disputes can I file with the Arizona Department of Real Estate?”, “short_answer”: “You can file petitions regarding violations of community documents (CC&Rs, bylaws) or state statutes regulating planned communities.”, “detailed_answer”: “The Department has jurisdiction to hear disputes between owners and associations specifically concerning violations of the community’s governing documents or the relevant Arizona statutes regulating these communities.”, “alj_quote”: “The owner or association may petition the department for a hearing concerning violations of community documents or violations of the statutes that regulate planned communities…”, “legal_basis”: “ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.”, “topic_tags”: [ “Jurisdiction”, “ADRE”, “Filing a Complaint” ] } ] }
Case Participants
Petitioner Side
Deborah Masear(petitioner) Paradise Park Condominiums Phase II HOA Member Also referred to as Deborah Maer
Respondent Side
Ashley Moscarello(HOA attorney) Goodman Law Group Appeared on behalf of Respondent
Carl Westlund(witness) Management Trust Community Manager for the HOA
Neutral Parties
Brian Del Vecchio(ALJ) OAH Also referred to as Judge Delio
The ALJ affirmed the petition, finding the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide complete financial statements (including balance sheets and statements of cash flows) to the Petitioner upon request. The HOA was ordered to provide the missing financial statements and reimburse the $500 filing fee. A civil penalty was denied.
Key Issues & Findings
Failure to provide association financial records upon member request.
The Petitioner alleged that the Association failed to comply with her request for financial records dated December 15, 2022, pursuant to ARS § 33-1805. The Association provided only Profit & Loss statements on January 12, 2023, but failed to provide other requisite financial documents, such as balance sheets, statements of cash flows, or statements of income, as defined by ARS § 32-701. The failure to fulfill the request for financial statements constituted a violation.
Orders: The petition was affirmed. Respondent was ordered to reimburse the Petitioner's filing fee of $500.00 pursuant to ARIZ. REV. STAT. § 32-2199.02(A). Respondent was ordered to provide financial statements, as defined by ARIZ. REV. STAT. § 32-701, for the months of August 2022 through December 2022 pursuant to ARIZ. REV. STAT. § 33-1805. Petitioner's request for a civil penalty was denied.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
Cited:
ARIZ. REV. STAT. § 33-1805
ARIZ. REV. STAT. § 32-701
ARIZ. REV. STAT. § 32-2199.02(A)
Analytics Highlights
Topics: Financial Records, Statutory Compliance, Record Request Delay, Filing Fee Reimbursement, HOA Board Member
Additional Citations:
ARIZ. REV. STAT. § 33-1805
ARIZ. REV. STAT. § 32-701
ARIZ. REV. STAT. § 32-2199.02(A)
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092 et seq.
Video Overview
Audio Overview
Decision Documents
23F-H049-REL Decision – 1062328.pdf
Uploaded 2026-01-23T17:57:27 (149.9 KB)
Questions
Question
If I request 'financial statements' from my HOA, is it enough for them to just send a Profit and Loss statement?
Short Answer
No. A request for 'financial statements' implies more than just a Profit and Loss statement, and the HOA must provide the full range of documents defined by law.
Detailed Answer
The ALJ determined that providing only a Profit and Loss statement is insufficient when a homeowner requests 'financial statements.' The term encompasses a broader set of documents, including balance sheets and statements of cash flows, which must be provided to fully satisfy the request.
Alj Quote
Because Petitioner requested financial statements for the same period after receiving the Profit and Loss statements, implicit in her request was the understanding merely providing the Profit and Loss statement was insufficient to satisfy her request for financial statements.
What specific documents does the law include in the definition of 'financial statements'?
Short Answer
The definition includes balance sheets, statements of income, retained earnings, cash flows, changes in equity, and other standard summaries.
Detailed Answer
Arizona law defines 'Financial Statement' broadly. It is not limited to a single report but includes statements and footnotes showing financial position in conformity with accounting principles.
Alj Quote
In Arizona, “Financial Statement… (b) Includes balance sheets, statements of income, statements of retained earnings, statements of cash flows, statements of changes in equity and other commonly used or recognized summaries of financial information.”
Legal Basis
ARIZ. REV. STAT. § 32-701
Topic Tags
financial records
definitions
accounting
Question
How quickly must my HOA respond to my request to examine records?
Short Answer
The HOA has ten business days to fulfill a request for examination or to provide copies.
Detailed Answer
The statute explicitly sets a ten-business-day deadline for the association to fulfill a request for examination or to provide copies of requested records.
Alj Quote
The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records… the association shall have ten business days to provide copies of the requested records.
Legal Basis
ARIZ. REV. STAT. § 33-1805
Topic Tags
deadlines
procedural requirements
homeowner rights
Question
Can the HOA tell me to find the records on a Google Drive or website instead of sending them to me?
Short Answer
Only if the records are actually there and accessible. Directing a homeowner to an empty or incomplete digital folder does not count as providing access.
Detailed Answer
In this case, the HOA President directed the homeowner to a Google Drive, but the Treasurer later admitted the specific documents requested were never uploaded. The ALJ ruled that because the documents were not on the drive, the homeowner was not supplied with access.
Alj Quote
Furthermore, although President directed Petitioner to search the Google Drive for the documents, Treasurer admitted on January 23, 2023, that the documents Petitioner was seeking were never on the drive. Thus, Petitioner was neither supplied nor had access to obtain the requisite financial statements.
Legal Basis
ARIZ. REV. STAT. § 33-1805
Topic Tags
digital access
compliance
records request
Question
Can the HOA charge me a fee for looking at the records?
Short Answer
No. The HOA cannot charge for making material available for review, though they can charge for copies.
Detailed Answer
The law prohibits charging a member for the act of making material available for review. However, if the member requests copies, the association may charge a fee for those copies.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review. … An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
ARIZ. REV. STAT. § 33-1805
Topic Tags
fees
homeowner rights
costs
Question
If I win my hearing against the HOA, will I get my filing fee back?
Short Answer
Yes. If the petitioner prevails, the judge is required to order the respondent to reimburse the filing fee.
Detailed Answer
The statute mandates that if the homeowner (petitioner) prevails in the hearing, the administrative law judge must order the HOA (respondent) to pay the filing fee back to the homeowner.
Alj Quote
If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(A)
Topic Tags
reimbursement
outcomes
filing fees
Question
Will the judge automatically fine the HOA if they violated the records law?
Short Answer
No. While the judge has the authority to levy a civil penalty, it is not mandatory, and they may choose to deny a request for a penalty.
Detailed Answer
The ALJ has the discretion to levy a civil penalty but is not required to do so. In this case, although a violation was found, the judge explicitly denied the request to levy a civil penalty against the HOA.
Alj Quote
The administrative law judge… may levy a civil penalty on the basis of each violation… IT IS FURTHER ORDERED that Petitioner’s request to levy a civil penalty against Respondent is denied.
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(A)
Topic Tags
penalties
civil penalty
judgement
Case
Docket No
23F-H049-REL
Case Title
Deanna Smith v Moondance Townhomes Homeowners Association
Decision Date
2023-06-06
Alj Name
Brian Del Vecchio
Tribunal
OAH
Agency
ADRE
Questions
Question
If I request 'financial statements' from my HOA, is it enough for them to just send a Profit and Loss statement?
Short Answer
No. A request for 'financial statements' implies more than just a Profit and Loss statement, and the HOA must provide the full range of documents defined by law.
Detailed Answer
The ALJ determined that providing only a Profit and Loss statement is insufficient when a homeowner requests 'financial statements.' The term encompasses a broader set of documents, including balance sheets and statements of cash flows, which must be provided to fully satisfy the request.
Alj Quote
Because Petitioner requested financial statements for the same period after receiving the Profit and Loss statements, implicit in her request was the understanding merely providing the Profit and Loss statement was insufficient to satisfy her request for financial statements.
What specific documents does the law include in the definition of 'financial statements'?
Short Answer
The definition includes balance sheets, statements of income, retained earnings, cash flows, changes in equity, and other standard summaries.
Detailed Answer
Arizona law defines 'Financial Statement' broadly. It is not limited to a single report but includes statements and footnotes showing financial position in conformity with accounting principles.
Alj Quote
In Arizona, “Financial Statement… (b) Includes balance sheets, statements of income, statements of retained earnings, statements of cash flows, statements of changes in equity and other commonly used or recognized summaries of financial information.”
Legal Basis
ARIZ. REV. STAT. § 32-701
Topic Tags
financial records
definitions
accounting
Question
How quickly must my HOA respond to my request to examine records?
Short Answer
The HOA has ten business days to fulfill a request for examination or to provide copies.
Detailed Answer
The statute explicitly sets a ten-business-day deadline for the association to fulfill a request for examination or to provide copies of requested records.
Alj Quote
The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records… the association shall have ten business days to provide copies of the requested records.
Legal Basis
ARIZ. REV. STAT. § 33-1805
Topic Tags
deadlines
procedural requirements
homeowner rights
Question
Can the HOA tell me to find the records on a Google Drive or website instead of sending them to me?
Short Answer
Only if the records are actually there and accessible. Directing a homeowner to an empty or incomplete digital folder does not count as providing access.
Detailed Answer
In this case, the HOA President directed the homeowner to a Google Drive, but the Treasurer later admitted the specific documents requested were never uploaded. The ALJ ruled that because the documents were not on the drive, the homeowner was not supplied with access.
Alj Quote
Furthermore, although President directed Petitioner to search the Google Drive for the documents, Treasurer admitted on January 23, 2023, that the documents Petitioner was seeking were never on the drive. Thus, Petitioner was neither supplied nor had access to obtain the requisite financial statements.
Legal Basis
ARIZ. REV. STAT. § 33-1805
Topic Tags
digital access
compliance
records request
Question
Can the HOA charge me a fee for looking at the records?
Short Answer
No. The HOA cannot charge for making material available for review, though they can charge for copies.
Detailed Answer
The law prohibits charging a member for the act of making material available for review. However, if the member requests copies, the association may charge a fee for those copies.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review. … An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
ARIZ. REV. STAT. § 33-1805
Topic Tags
fees
homeowner rights
costs
Question
If I win my hearing against the HOA, will I get my filing fee back?
Short Answer
Yes. If the petitioner prevails, the judge is required to order the respondent to reimburse the filing fee.
Detailed Answer
The statute mandates that if the homeowner (petitioner) prevails in the hearing, the administrative law judge must order the HOA (respondent) to pay the filing fee back to the homeowner.
Alj Quote
If the petitioner prevails, the administrative law judge shall order the respondent to pay to the petitioner the filing fee required by section 32-2199.01.
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(A)
Topic Tags
reimbursement
outcomes
filing fees
Question
Will the judge automatically fine the HOA if they violated the records law?
Short Answer
No. While the judge has the authority to levy a civil penalty, it is not mandatory, and they may choose to deny a request for a penalty.
Detailed Answer
The ALJ has the discretion to levy a civil penalty but is not required to do so. In this case, although a violation was found, the judge explicitly denied the request to levy a civil penalty against the HOA.
Alj Quote
The administrative law judge… may levy a civil penalty on the basis of each violation… IT IS FURTHER ORDERED that Petitioner’s request to levy a civil penalty against Respondent is denied.
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(A)
Topic Tags
penalties
civil penalty
judgement
Case
Docket No
23F-H049-REL
Case Title
Deanna Smith v Moondance Townhomes Homeowners Association
Decision Date
2023-06-06
Alj Name
Brian Del Vecchio
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Deanna Smith(petitioner, board member) Moondance Townhomes Homeowners Association
Respondent Side
Christina Morgan(HOA attorney) Vingham
George Minter(President, board member, witness) Moondance Townhomes Homeowners Association
Linda Dieball(Treasurer, board member) Moondance Townhomes Homeowners Association
Neutral Parties
Brian Del Vecchio(ALJ) Office of Administrative Hearings
Susan Nicolson(Commissioner) Arizona Department of Real Estate
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
The HOA's petition was granted. Respondents were found to have violated CC&Rs Section 3(j) by installing tile without approval and were ordered to comply with the CC&Rs, reimburse the $500 filing fee, and pay a $100 civil penalty.
Why this result: Respondents admitted to the alleged conduct and failed to establish a sufficient affirmative defense (incomplete CC&Rs) against the violation, as the recorded CC&Rs provided constructive notice of all provisions. Respondents' conduct during testimony was also considered a factor in aggravation.
Respondents permanently installed tile on their front porch entryway without obtaining prior written approval. The ALJ rejected the Respondents' defense regarding missing CC&R pages, noting the HOA sustained its burden of proving a community document violation by a preponderance of the evidence.
Orders: Respondents must henceforth abide by CC&Rs Section 3(j), reimburse the Petitioner $500.00 for the filing fee, and pay a $100.00 civil penalty to the Department.
Am I excused from HOA rules if pages were missing from the copy of the CC&Rs I received at closing?
Short Answer
No. Recorded CC&Rs provide constructive notice of all provisions to homeowners, regardless of errors in the specific copy provided at closing.
Detailed Answer
The ALJ ruled that missing pages in the document package provided by a disclosure company or previous owner do not excuse a homeowner from compliance. Because CC&Rs are recorded public documents, homeowners are deemed to have 'constructive notice' of all rules contained within the recorded version.
Alj Quote
The Tribunal is not swayed by Mr. White’s incorrect legal interpretations regarding the annotated CC&Rs received by HomeWise, as the Pima County recorded CC&Rs provide constructive notice of all provisions contained within the community documents
Legal Basis
Constructive Notice
Topic Tags
CC&Rs
disclosure
compliance
Question
Can the HOA regulate changes to my property even if they aren't visible from the street or neighboring properties?
Short Answer
Yes, especially if the HOA is responsible for maintaining the exterior surfaces.
Detailed Answer
The decision upheld the HOA's authority to regulate exterior modifications regardless of visibility, particularly noting that when an owner acquires a lot where the HOA performs maintenance, they may give up rights to control the appearance of those areas.
Alj Quote
Each Owner of a Villas Lot understands, acknowledges and agrees that by acquiring an interest in a Lot in which landscaping and exterior maintenance is performed or arranged by the Villas Association, such Owner is giving up rights to control the appearance and use of the outside areas of such Owner’s Villas Lot.
Legal Basis
CC&Rs Contractual Obligations
Topic Tags
architectural control
maintenance
visibility
Question
Can I fix a violation for unapproved flooring by simply covering it with a rug?
Short Answer
No. Covering an unapproved permanent installation with a removable item like a rug does not cure the underlying violation.
Detailed Answer
The ALJ rejected the homeowner's argument that placing a custom rug over unapproved tiles resolved the issue. The violation (the unapproved installation) persisted despite being hidden from view.
Alj Quote
The Tribunal is not swayed… by Mr. White’s placement of a custom cut rug in lieu of paying the fine to the Association.
Legal Basis
Remedy of Violation
Topic Tags
violations
remedies
architectural control
Question
Who has the burden of proof in an administrative hearing regarding an HOA dispute?
Short Answer
The Petitioner (the party bringing the case) bears the burden of proof.
Detailed Answer
The Petitioner must prove their case by a 'preponderance of the evidence' (meaning it is more likely true than not). Conversely, if the Respondent claims an affirmative defense (a legal excuse), they bear the burden of proving that defense.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805. Respondents bear the burden of establishing any affirmative defenses by the same evidentiary burden.
Legal Basis
ARIZ. ADMIN. CODE R2-19-119
Topic Tags
procedural
burden of proof
evidence
Question
If I lose the hearing, do I have to reimburse the HOA for their filing fee?
Short Answer
Yes. The prevailing party is typically entitled to reimbursement of the filing fee.
Detailed Answer
The ALJ ordered the losing homeowner to reimburse the HOA for the $500 filing fee they paid to bring the case. This is a statutory requirement under Arizona law.
Alj Quote
IT IS FURTHER ORDERED that Respondents shall reimburse Petitioner its filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this ORDER, as required by ARIZ. REV. STAT. § 32-2199.01.
Legal Basis
A.R.S. § 32-2199.01
Topic Tags
fees
costs
penalties
Question
Can the ALJ order me to pay a penalty to the state in addition to reimbursing the HOA?
Short Answer
Yes. The ALJ has the authority to impose a civil penalty payable to the Arizona Department of Real Estate.
Detailed Answer
In this decision, in addition to ordering compliance and fee reimbursement to the HOA, the ALJ ordered the homeowner to pay a $100 civil penalty directly to the Department of Real Estate.
Alj Quote
IT IS FURTHER ORDERED that Respondents shall pay a $100.00 civil penalty in certified funds to the Department within thirty (30) days of this ORDER, as authorized by ARIZ. REV. STAT. § 32-2199.02.
Legal Basis
A.R.S. § 32-2199.02
Topic Tags
civil penalty
fines
ADRE
Question
Does my behavior during the dispute process affect the judge's decision?
Short Answer
Yes. Obfuscating or evasive conduct can be considered an aggravating factor against you.
Detailed Answer
The ALJ specifically noted that the homeowner's conduct during testimony was 'obfuscating' (confusing or unclear) and weighed this as a factor in aggravation when making the final ruling.
Alj Quote
Moreover, Mr. White’s conduct during the testimony was obfuscating, and is considered a factor in aggravation.
Legal Basis
Judicial Discretion
Topic Tags
conduct
hearing process
aggravating factors
Case
Docket No
23F-H042-REL
Case Title
Quail Creek Villas Association, Inc. vs. Randall & Gisela White
Decision Date
2023-05-09
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Questions
Question
Am I excused from HOA rules if pages were missing from the copy of the CC&Rs I received at closing?
Short Answer
No. Recorded CC&Rs provide constructive notice of all provisions to homeowners, regardless of errors in the specific copy provided at closing.
Detailed Answer
The ALJ ruled that missing pages in the document package provided by a disclosure company or previous owner do not excuse a homeowner from compliance. Because CC&Rs are recorded public documents, homeowners are deemed to have 'constructive notice' of all rules contained within the recorded version.
Alj Quote
The Tribunal is not swayed by Mr. White’s incorrect legal interpretations regarding the annotated CC&Rs received by HomeWise, as the Pima County recorded CC&Rs provide constructive notice of all provisions contained within the community documents
Legal Basis
Constructive Notice
Topic Tags
CC&Rs
disclosure
compliance
Question
Can the HOA regulate changes to my property even if they aren't visible from the street or neighboring properties?
Short Answer
Yes, especially if the HOA is responsible for maintaining the exterior surfaces.
Detailed Answer
The decision upheld the HOA's authority to regulate exterior modifications regardless of visibility, particularly noting that when an owner acquires a lot where the HOA performs maintenance, they may give up rights to control the appearance of those areas.
Alj Quote
Each Owner of a Villas Lot understands, acknowledges and agrees that by acquiring an interest in a Lot in which landscaping and exterior maintenance is performed or arranged by the Villas Association, such Owner is giving up rights to control the appearance and use of the outside areas of such Owner’s Villas Lot.
Legal Basis
CC&Rs Contractual Obligations
Topic Tags
architectural control
maintenance
visibility
Question
Can I fix a violation for unapproved flooring by simply covering it with a rug?
Short Answer
No. Covering an unapproved permanent installation with a removable item like a rug does not cure the underlying violation.
Detailed Answer
The ALJ rejected the homeowner's argument that placing a custom rug over unapproved tiles resolved the issue. The violation (the unapproved installation) persisted despite being hidden from view.
Alj Quote
The Tribunal is not swayed… by Mr. White’s placement of a custom cut rug in lieu of paying the fine to the Association.
Legal Basis
Remedy of Violation
Topic Tags
violations
remedies
architectural control
Question
Who has the burden of proof in an administrative hearing regarding an HOA dispute?
Short Answer
The Petitioner (the party bringing the case) bears the burden of proof.
Detailed Answer
The Petitioner must prove their case by a 'preponderance of the evidence' (meaning it is more likely true than not). Conversely, if the Respondent claims an affirmative defense (a legal excuse), they bear the burden of proving that defense.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805. Respondents bear the burden of establishing any affirmative defenses by the same evidentiary burden.
Legal Basis
ARIZ. ADMIN. CODE R2-19-119
Topic Tags
procedural
burden of proof
evidence
Question
If I lose the hearing, do I have to reimburse the HOA for their filing fee?
Short Answer
Yes. The prevailing party is typically entitled to reimbursement of the filing fee.
Detailed Answer
The ALJ ordered the losing homeowner to reimburse the HOA for the $500 filing fee they paid to bring the case. This is a statutory requirement under Arizona law.
Alj Quote
IT IS FURTHER ORDERED that Respondents shall reimburse Petitioner its filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this ORDER, as required by ARIZ. REV. STAT. § 32-2199.01.
Legal Basis
A.R.S. § 32-2199.01
Topic Tags
fees
costs
penalties
Question
Can the ALJ order me to pay a penalty to the state in addition to reimbursing the HOA?
Short Answer
Yes. The ALJ has the authority to impose a civil penalty payable to the Arizona Department of Real Estate.
Detailed Answer
In this decision, in addition to ordering compliance and fee reimbursement to the HOA, the ALJ ordered the homeowner to pay a $100 civil penalty directly to the Department of Real Estate.
Alj Quote
IT IS FURTHER ORDERED that Respondents shall pay a $100.00 civil penalty in certified funds to the Department within thirty (30) days of this ORDER, as authorized by ARIZ. REV. STAT. § 32-2199.02.
Legal Basis
A.R.S. § 32-2199.02
Topic Tags
civil penalty
fines
ADRE
Question
Does my behavior during the dispute process affect the judge's decision?
Short Answer
Yes. Obfuscating or evasive conduct can be considered an aggravating factor against you.
Detailed Answer
The ALJ specifically noted that the homeowner's conduct during testimony was 'obfuscating' (confusing or unclear) and weighed this as a factor in aggravation when making the final ruling.
Alj Quote
Moreover, Mr. White’s conduct during the testimony was obfuscating, and is considered a factor in aggravation.
Legal Basis
Judicial Discretion
Topic Tags
conduct
hearing process
aggravating factors
Case
Docket No
23F-H042-REL
Case Title
Quail Creek Villas Association, Inc. vs. Randall & Gisela White
Decision Date
2023-05-09
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Michael Shupe(HOA attorney) Goldschmidt Shupe, PLLC Appeared as counsel for Petitioner
Carolyn B. Goldschmidt(HOA attorney) Goldschmidt Shupe, PLLC Legal counsel for the Association; communication contact listed
Lori Don Woullet(Property Manager/Witness) Cadden Community Management Senior Community Association Manager
Diane Patricia Weber(Former Board Member/Witness) Quail Creek Villas Association, Inc. Former Board Treasurer
Lynn Birleffi(Witness) Quail Creek Villas Association, Inc. Called as a witness for Petitioner
Respondent Side
Randall White(Respondent) Quail Creek Villas Association, Inc. Appeared pro se and testified
Gisela White(Respondent) Quail Creek Villas Association, Inc. Appearance waived
Neutral Parties
Jenna Clark(ALJ) Office of Administrative Hearings Presiding Administrative Law Judge
Susan Nicolson(ADRE Commissioner) Arizona Department of Real Estate
The Administrative Law Judge denied the petition, finding that the Petitioner failed to meet the burden of proof that the Saguaro Crest Homeowners Association violated Article 2.1 of the Bylaws by not holding elections. The Bylaw states the annual meeting is for the purpose of 'electing or announcing the results of the election of Directors' and transacting 'other business' (which included dissolution), and the HOA was not required to hold elections if results could have been announced or if dissolution proceedings were underway.
Why this result: The Bylaws did not strictly require elections be held, and Petitioner failed to object to the board remaining in place to oversee the dissolution.
Key Issues & Findings
Annual meeting
Petitioner alleged the HOA violated Article 2.1 of the Bylaws by failing to hold Board of Directors elections at the 2021 annual meeting. Respondent argued the language ('for the purpose of electing or announcing the results') did not require elections and that the dissolution vote superseded the immediate need for elections, especially since no one objected at the meeting.
Orders: Petitioner’s petition was denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
ARIZ. ADMIN. CODE R2-19-119
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
Video Overview
Decision Documents
23F-H031-REL Decision – 1035344.pdf
Uploaded 2026-01-23T17:53:49 (51.8 KB)
23F-H031-REL Decision – 1049021.pdf
Uploaded 2026-01-23T17:53:51 (114.7 KB)
Study Guide – 23F-H031-REL
Select all sources
1035344.pdf
1045278.aac
1049021.pdf
No emoji found
Loading
23F-H031-REL
3 sources
These sources document a legal dispute between Clifford S. Burnes and the Saguaro Crest Homeowners’ Association regarding an alleged violation of community bylaws. The conflict centers on a December 2021 annual meeting where the association voted to dissolve the organization but did not hold new elections for its leadership. Burnes argued that Article 2.1 of the bylaws mandated an election, while the association maintained that the dissolution vote rendered new elections unnecessary. An administrative hearing transcript captures the testimony of both parties, highlighting disagreements over meeting procedures and the legal interpretation of governing documents. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that no mandatory election requirement was violated. The final decision emphasizes that the petitioner failed to object during the meeting and did not meet the burden of proof for his claims.
What are the legal arguments for and against dissolving the HOA?
How did the judge interpret the ‘purpose’ of the annual meeting?
Explain the role of the Arizona Office of Administrative Hearings.
Thursday, February 12
Save to note
Today • 2:17 PM
Video Overview
Mind Map
Reports
Flashcards
Quiz
Infographic
Slide Deck
Data Table
Blog Post – 23F-H031-REL
Select all sources
1035344.pdf
1045278.aac
1049021.pdf
No emoji found
Loading
23F-H031-REL
3 sources
These sources document a legal dispute between Clifford S. Burnes and the Saguaro Crest Homeowners’ Association regarding an alleged violation of community bylaws. The conflict centers on a December 2021 annual meeting where the association voted to dissolve the organization but did not hold new elections for its leadership. Burnes argued that Article 2.1 of the bylaws mandated an election, while the association maintained that the dissolution vote rendered new elections unnecessary. An administrative hearing transcript captures the testimony of both parties, highlighting disagreements over meeting procedures and the legal interpretation of governing documents. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that no mandatory election requirement was violated. The final decision emphasizes that the petitioner failed to object during the meeting and did not meet the burden of proof for his claims.
What are the legal arguments for and against dissolving the HOA?
How did the judge interpret the ‘purpose’ of the annual meeting?
Explain the role of the Arizona Office of Administrative Hearings.
Thursday, February 12
Save to note
Today • 2:17 PM
Video Overview
Mind Map
Reports
Flashcards
Quiz
Infographic
Slide Deck
Data Table
Case Participants
Petitioner Side
Clifford S. Burnes(petitioner) Saguaro Crest Homeowners' Association Member Also referred to as Clifford (Norm) Burnes.
Respondent Side
John T. Crotty(HOA attorney) Saguaro Crest Homeowners' Association
Esmerina Martinez(board member) Saguaro Crest Homeowners' Association President; referred to as Serena Martinez or Esmerelda Martinez in sources.
Dave Madill(board member) Saguaro Crest Homeowners' Association Vice President; referred to as Dave Matt or Dave Mel in testimony.
Joseph Martinez(board member) Saguaro Crest Homeowners' Association
Neutral Parties
Adam D. Stone(ALJ) OAH
Susan Nicolson(Commissioner) Arizona Department of Real Estate
AHansen(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
vnunez(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
djones(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
labril(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
The Administrative Law Judge denied Petitioner Michael H. Jahr's petition, concluding that he failed to prove by a preponderance of the evidence that the Association violated ARS § 33-1816, because a clothesline is not a 'solar energy device' under ARS § 44-1761, and ARS § 33-439(a) was inapplicable.
Why this result: Petitioner failed to sustain his burden of proof that the Association violated ARS § 33-1816. The Tribunal determined that a clothesline does not meet the statutory definition of a solar energy device.
Key Issues & Findings
Alleged violation of ARS § 33-1816 regarding denial of utilizing solar means to reduce energy consumption.
Petitioner alleged the Association violated ARS § 33-1816 by refusing him the ability to utilize solar means (a clothesline) to reduce energy consumption, arguing the clothesline met the definition of a 'solar energy device' under ARS § 44-1761, which the HOA cannot prohibit.
Orders: Petitioner's petition was denied. Respondent was ordered not to owe Petitioner any reimbursement for fees incurred.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
Cited:
ARIZ. REV. STAT. § 33-1816(a-b)
ARIZ. REV. STAT. § 44-1761
ARIZ. REV. STAT. § 33-439(a)
Association Rules & Regulations 2-304(D)
Analytics Highlights
Topics: HOA Dispute, Solar Energy Device, Clothesline, Planned Community, Statutory Interpretation, Burden of Proof
Additional Citations:
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. REV. STAT. § 41-1092.09
ARIZ. ADMIN. CODE R2-19-119
ARIZ. REV. STAT. § 33-439(a)
ARIZ. REV. STAT. § 33-1808(a)
ARIZ. REV. STAT. § 33-1816(a-b)
ARIZ. REV. STAT. § 44-1761
ARIZ. ADMIN. CODE R2-19-111(4)
Association Rules & Regulations 2-304(D)
Video Overview
Audio Overview
Decision Documents
23F-H032-REL Decision – 1041743.pdf
Uploaded 2026-01-23T17:53:59 (161.1 KB)
23F-H032-REL Decision – 1057366.pdf
Uploaded 2026-01-23T17:54:04 (55.7 KB)
Questions
Question
Can my HOA prohibit me from using a clothesline in my backyard?
Short Answer
Yes, if the community rules prohibit them.
Detailed Answer
The ALJ determined that an HOA can prohibit clotheslines because they do not qualify as protected solar energy devices under Arizona law. In this case, the association's rules explicitly prohibited clotheslines visible from outside the residence.
Alj Quote
Based on the relevant and credible evidence of record… the Tribunal finds that a clothesline is not a solar energy device. Moreover, Petitioner knew or should have known that clotheslines were prohibited by the Association under Rules & Regulations 2-304(D).
Legal Basis
Rules & Regulations 2-304(D); ARS 33-1816
Topic Tags
architectural_control
prohibited_items
solar_energy
Question
Is a clothesline considered a 'solar energy device' legally protected by Arizona statute?
Short Answer
No, a clothesline does not meet the statutory definition of a solar energy device.
Detailed Answer
The decision clarified that a clothesline does not fit the legal definition of a 'solar energy device' (specifically a 'system or series of mechanisms') under A.R.S. § 44-1761, and therefore does not enjoy the statutory protection that voids HOA restrictions on solar devices.
Alj Quote
Based on the relevant and credible evidence of record, including the aforementioned germane statutory definitions, and lacking any binding citations offered from a court of competent jurisdiction, the Tribunal finds that a clothesline is not a solar energy device.
Legal Basis
ARS 44-1761(8); ARS 33-439(a)
Topic Tags
solar_energy
definitions
statutory_interpretation
Question
What is the burden of proof for a homeowner challenging an HOA decision?
Short Answer
The homeowner must prove their case by a 'preponderance of the evidence'.
Detailed Answer
When a homeowner petitions for a hearing, they bear the burden of proving that the HOA violated community documents or statutes. The standard is 'preponderance of the evidence,' meaning it is more probable than not that the violation occurred.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
ARIZ. ADMIN. CODE R2-19-119
Topic Tags
burden_of_proof
legal_standards
hearing_procedure
Question
Can I be reimbursed for my filing fees if I lose the hearing?
Short Answer
No, reimbursement is generally not awarded if the petition is denied.
Detailed Answer
The ALJ ordered that because the petition was denied, the HOA did not owe the homeowner any reimbursement for fees incurred during the filing process.
Alj Quote
IT IS FURTHER ORDERED that Respondent does not owe Petitioner any reimbursement(s) for fees incurred in association with the filing of this petition.
Legal Basis
Order
Topic Tags
fees
reimbursement
penalties
Question
Are CC&Rs considered a binding contract?
Short Answer
Yes, CC&Rs form an enforceable contract between the HOA and the homeowner.
Detailed Answer
The decision affirms that when a property is purchased within a planned community, the buyer agrees to be bound by the CC&Rs, which function as a contract.
Alj Quote
Thus, the CC&Rs form an enforceable contract between the Association and each property owner.
Legal Basis
Common Law
Topic Tags
cc&rs
contract_law
governing_documents
Question
Can I use a flag pole sleeve for something other than a flag, like a clothesline?
Short Answer
No, if the permit was granted specifically for a flag pole.
Detailed Answer
In this case, the homeowner obtained a permit for a flag pole sleeve but used it for a clothesline. The HOA was entitled to issue a violation notice because the use differed from the approved purpose and violated other rules.
Alj Quote
Respondent did, however, grant Petitioner’s sleeve request with the explicit instruction that its use was for the purpose of flag display… As such, the Association’s October 31, 2022, VIOLATION NOTICE was not issued unlawfully or in error.
Legal Basis
ARS 33-1808(a)
Topic Tags
architectural_requests
permits
flag_poles
Question
How do courts interpret words in statutes that aren't explicitly defined?
Short Answer
They use the ordinary meaning of the words, often consulting dictionaries.
Detailed Answer
The ALJ looked to the 'natural, obvious, and ordinary meaning' of words. Since the statute did not define 'clothesline,' the judge consulted Merriam Webster to define terms like 'system' and 'mechanism' to see if a clothesline fit the description.
Alj Quote
Words should be given 'their natural, obvious, and ordinary meaning.'… BLACK’S LAW DICTIONARY does not define 'clothesline' or 'solar energy device.' Per Merriam Webster, however, 'system' means a regularly interacting or interdependent group of items forming a unified whole
Legal Basis
Statutory Construction Principles
Topic Tags
legal_standards
definitions
interpretation
Question
What is the deadline for filing a request for a rehearing?
Short Answer
30 days from the service of the order.
Detailed Answer
If a party wishes to request a rehearing, they must file it with the Commissioner of the Arizona Department of Real Estate within 30 days of the decision.
Alj Quote
Pursuant to ARIZ. REV. STAT. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Arizona Department of Real Estate within 30 days of the service of this ORDER upon the parties.
Legal Basis
ARS 41-1092.09
Topic Tags
appeals
deadlines
procedural_requirements
Case
Docket No
23F-H032-REL
Case Title
Michael H. Jahr vs. Leisure World Community Association
Decision Date
2023-03-14
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Questions
Question
Can my HOA prohibit me from using a clothesline in my backyard?
Short Answer
Yes, if the community rules prohibit them.
Detailed Answer
The ALJ determined that an HOA can prohibit clotheslines because they do not qualify as protected solar energy devices under Arizona law. In this case, the association's rules explicitly prohibited clotheslines visible from outside the residence.
Alj Quote
Based on the relevant and credible evidence of record… the Tribunal finds that a clothesline is not a solar energy device. Moreover, Petitioner knew or should have known that clotheslines were prohibited by the Association under Rules & Regulations 2-304(D).
Legal Basis
Rules & Regulations 2-304(D); ARS 33-1816
Topic Tags
architectural_control
prohibited_items
solar_energy
Question
Is a clothesline considered a 'solar energy device' legally protected by Arizona statute?
Short Answer
No, a clothesline does not meet the statutory definition of a solar energy device.
Detailed Answer
The decision clarified that a clothesline does not fit the legal definition of a 'solar energy device' (specifically a 'system or series of mechanisms') under A.R.S. § 44-1761, and therefore does not enjoy the statutory protection that voids HOA restrictions on solar devices.
Alj Quote
Based on the relevant and credible evidence of record, including the aforementioned germane statutory definitions, and lacking any binding citations offered from a court of competent jurisdiction, the Tribunal finds that a clothesline is not a solar energy device.
Legal Basis
ARS 44-1761(8); ARS 33-439(a)
Topic Tags
solar_energy
definitions
statutory_interpretation
Question
What is the burden of proof for a homeowner challenging an HOA decision?
Short Answer
The homeowner must prove their case by a 'preponderance of the evidence'.
Detailed Answer
When a homeowner petitions for a hearing, they bear the burden of proving that the HOA violated community documents or statutes. The standard is 'preponderance of the evidence,' meaning it is more probable than not that the violation occurred.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
ARIZ. ADMIN. CODE R2-19-119
Topic Tags
burden_of_proof
legal_standards
hearing_procedure
Question
Can I be reimbursed for my filing fees if I lose the hearing?
Short Answer
No, reimbursement is generally not awarded if the petition is denied.
Detailed Answer
The ALJ ordered that because the petition was denied, the HOA did not owe the homeowner any reimbursement for fees incurred during the filing process.
Alj Quote
IT IS FURTHER ORDERED that Respondent does not owe Petitioner any reimbursement(s) for fees incurred in association with the filing of this petition.
Legal Basis
Order
Topic Tags
fees
reimbursement
penalties
Question
Are CC&Rs considered a binding contract?
Short Answer
Yes, CC&Rs form an enforceable contract between the HOA and the homeowner.
Detailed Answer
The decision affirms that when a property is purchased within a planned community, the buyer agrees to be bound by the CC&Rs, which function as a contract.
Alj Quote
Thus, the CC&Rs form an enforceable contract between the Association and each property owner.
Legal Basis
Common Law
Topic Tags
cc&rs
contract_law
governing_documents
Question
Can I use a flag pole sleeve for something other than a flag, like a clothesline?
Short Answer
No, if the permit was granted specifically for a flag pole.
Detailed Answer
In this case, the homeowner obtained a permit for a flag pole sleeve but used it for a clothesline. The HOA was entitled to issue a violation notice because the use differed from the approved purpose and violated other rules.
Alj Quote
Respondent did, however, grant Petitioner’s sleeve request with the explicit instruction that its use was for the purpose of flag display… As such, the Association’s October 31, 2022, VIOLATION NOTICE was not issued unlawfully or in error.
Legal Basis
ARS 33-1808(a)
Topic Tags
architectural_requests
permits
flag_poles
Question
How do courts interpret words in statutes that aren't explicitly defined?
Short Answer
They use the ordinary meaning of the words, often consulting dictionaries.
Detailed Answer
The ALJ looked to the 'natural, obvious, and ordinary meaning' of words. Since the statute did not define 'clothesline,' the judge consulted Merriam Webster to define terms like 'system' and 'mechanism' to see if a clothesline fit the description.
Alj Quote
Words should be given 'their natural, obvious, and ordinary meaning.'… BLACK’S LAW DICTIONARY does not define 'clothesline' or 'solar energy device.' Per Merriam Webster, however, 'system' means a regularly interacting or interdependent group of items forming a unified whole
Legal Basis
Statutory Construction Principles
Topic Tags
legal_standards
definitions
interpretation
Question
What is the deadline for filing a request for a rehearing?
Short Answer
30 days from the service of the order.
Detailed Answer
If a party wishes to request a rehearing, they must file it with the Commissioner of the Arizona Department of Real Estate within 30 days of the decision.
Alj Quote
Pursuant to ARIZ. REV. STAT. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Arizona Department of Real Estate within 30 days of the service of this ORDER upon the parties.
Legal Basis
ARS 41-1092.09
Topic Tags
appeals
deadlines
procedural_requirements
Case
Docket No
23F-H032-REL
Case Title
Michael H. Jahr vs. Leisure World Community Association
Decision Date
2023-03-14
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Michael H. Jahr(petitioner)
Respondent Side
Daniel Clark Collier(assistant community manager) Leisure World Community Association Appeared on behalf of Respondent and testified as a witness
Regis Salazar(witness) Testified for Respondent
Neutral Parties
Jenna Clark(ALJ) OAH
Susan Nicolson(commissioner) ADRE Recipient of recommended decision
Other Participants
AHansen(ADRE staff) ADRE Recipient of electronic transmission
vnunez(ADRE staff) ADRE Recipient of electronic transmission
djones(ADRE staff) ADRE Recipient of electronic transmission
labril(ADRE staff) ADRE Recipient of electronic transmission
Sun City West Dec CC&Rs Article 4.2(F); Deer Valley CC&Rs Articles 1.16, 6.2, 2.3, 7.1, 7.3; Deer Valley HOA Rules & Regulations ¶ 7.1 and 7.2
Outcome Summary
The Administrative Law Judge denied the petition, concluding Petitioner failed to sustain the burden of proof that the Association violated community documents by failing to replace trees on Member lots. The CC&Rs did not establish a duty for the HOA to replace homeowner trees.
Why this result: Petitioner failed to meet the burden of proof; Petitioner was not an aggrieved party; Petitioner failed to establish causation by Respondent or duty to act by Respondent; trees belong to homeowners, and the Deer Valley CC&Rs do not require the HOA to replace trees under its maintenance obligations.
Key Issues & Findings
Whether Respondent is responsible for replacing dead and/or dying trees on all Member Lots in accordance with cited community documents.
Petitioner alleged the HOA violated governing documents by failing to replace dead trees on member lots, and sought an order compelling the replacement of 59 missing trees (at a rate of 10 per year).
Orders: Petitioner’s petition is denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
Cited:
Sun City West Dec CC&Rs Article 4.2(F)
Deer Valley CC&Rs Article 1.16
Deer Valley CC&Rs Article 6.2
Deer Valley CC&Rs Article 2.3
Deer Valley CC&Rs Article 7.1
Deer Valley CC&Rs Article 7.3
Deer Valley HOA Rules & Regulations ¶ 7.1
Deer Valley HOA Rules & Regulations ¶ 7.2
Analytics Highlights
Topics: HOA dispute, Landscape maintenance, Tree replacement, Burden of proof, Standing
Additional Citations:
ARIZ. REV. STAT. §§ 32-2102
ARIZ. REV. STAT. §§ 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. §§ 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. REV. STAT. § 41-1092.09
ARIZ. REV. STAT. Title 33, Chapter 16, Article 1
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
If the CC&Rs require the HOA to perform 'maintenance', does that legally obligate them to replace dead plants or trees?
Short Answer
Not necessarily. The term 'maintenance' does not automatically include 'replacement' unless specified in the governing documents.
Detailed Answer
In this case, the HOA was found not to be in violation for refusing to replace trees because the CC&Rs governed 'maintenance,' which was interpreted as distinct from a requirement to replace items owned by the homeowner. The ALJ ruled the homeowner failed to prove the HOA had a duty to replace the trees.
Alj Quote
The Board declined Petitioner’s request, as it had concluded that the Deer Valley CC&Rs did not require replacement of trees under its maintenance obligations.
Legal Basis
Contract Interpretation / CC&Rs
Topic Tags
Maintenance vs Replacement
CC&Rs
Landscaping
Question
Can I file a petition against my HOA on behalf of the entire community regarding a general issue?
Short Answer
No. You must be an 'aggrieved party' with a specific injury to yourself or your property.
Detailed Answer
A homeowner cannot sue on behalf of other community members. To have standing, the petitioner must demonstrate that they personally suffered an injury. In this case, the petitioner had no dead trees on his own lot, so he was not considered an aggrieved party.
Alj Quote
Here, Petitioner is not an aggrieved party. Petitioner admitted that he brought forth his petition 'on behalf of all community members' and did not have a dead, dying, or missing tree on his lot.
Legal Basis
Standing / Aggrieved Party Status
Topic Tags
Standing
Procedural Requirements
Question
Can I argue that my neighbor's violations are diminishing my property value in an administrative hearing?
Short Answer
Generally, no, unless you have concrete evidence and it is a justiciable issue.
Detailed Answer
Claims that a neighbor's lack of maintenance (like dead trees) negatively impacts your property value may be dismissed as irrelevant or unsupported without significant proof. The tribunal may consider this non-justiciable.
Alj Quote
Notably, Petitioner’s allegation that his lot’s value has been diminished by neighboring lots due to their dead, dying, and/or missing trees is irrelevant, not supported by the record, and is not a justiciable issue for this tribunal.
Legal Basis
Evidence / Justiciable Issues
Topic Tags
Property Value
Evidence
Question
If I pay a filing fee for one issue, can I add other complaints to the hearing later?
Short Answer
No. The tribunal will only address the specific issue for which the filing fee was paid.
Detailed Answer
Administrative hearings are limited in scope to the specific issues properly petitioned and paid for. Tangential issues raised in addendums or during the hearing will likely not be adjudicated if a separate fee was not paid.
Alj Quote
Because Petitioner only paid for the adjudication of one (1) issue, this Tribunal may not address all of the tangential issues Petitioner raised in the addendum to his petition.
Legal Basis
ARIZ. REV. STAT. § 32-2199.05
Topic Tags
Filing Fees
Scope of Hearing
Question
Does the HOA have the authority to remove items (like trees) from my private lot without permission?
Short Answer
No, unless the governing documents explicitly grant that authority.
Detailed Answer
The HOA generally cannot enter a homeowner's lot to remove property, such as trees, without the owner's permission, unless the record establishes specific authority to do so.
Alj Quote
There is nothing in the record that establishes Respondent has the authority to remove a tree from a homeowner’s lot without permission, or that Respondent has done so in the past.
Legal Basis
Property Rights / HOA Authority
Topic Tags
Homeowner Rights
Trespass/Authority
Question
What level of proof is required for a homeowner to win a case against their HOA?
Short Answer
The standard is 'preponderance of the evidence'.
Detailed Answer
The petitioner must prove that their claim is more likely true than not. This is a lower standard than 'beyond a reasonable doubt' used in criminal cases, but still requires superior evidentiary weight.
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
Burden of Proof
Topic Tags
Legal Standards
Evidence
Question
Can I base my claim on the 'Master Association' CC&Rs if my specific HOA CC&Rs say something different?
Short Answer
Generally, the specific HOA CC&Rs form the enforceable contract for maintenance issues within that specific subdivision.
Detailed Answer
While a Master Association may have its own rules, the specific subdivision's CC&Rs are often the controlling documents regarding maintenance obligations for lots within that subdivision. The ALJ focused on the specific HOA's documents to determine liability.
Alj Quote
The record reflects that the Deer Valley CC&Rs govern landscaping maintenance for the Association… [and] did not require Respondent to replace dead, dying, or missing trees within the Association
Legal Basis
Governing Documents Hierarchy
Topic Tags
CC&Rs
Master Association
Case
Docket No
23F-H003-REL
Case Title
Matthew E Thompson vs. Deer Valley Homeowners Association Inc.
Decision Date
2022-12-20
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Questions
Question
If the CC&Rs require the HOA to perform 'maintenance', does that legally obligate them to replace dead plants or trees?
Short Answer
Not necessarily. The term 'maintenance' does not automatically include 'replacement' unless specified in the governing documents.
Detailed Answer
In this case, the HOA was found not to be in violation for refusing to replace trees because the CC&Rs governed 'maintenance,' which was interpreted as distinct from a requirement to replace items owned by the homeowner. The ALJ ruled the homeowner failed to prove the HOA had a duty to replace the trees.
Alj Quote
The Board declined Petitioner’s request, as it had concluded that the Deer Valley CC&Rs did not require replacement of trees under its maintenance obligations.
Legal Basis
Contract Interpretation / CC&Rs
Topic Tags
Maintenance vs Replacement
CC&Rs
Landscaping
Question
Can I file a petition against my HOA on behalf of the entire community regarding a general issue?
Short Answer
No. You must be an 'aggrieved party' with a specific injury to yourself or your property.
Detailed Answer
A homeowner cannot sue on behalf of other community members. To have standing, the petitioner must demonstrate that they personally suffered an injury. In this case, the petitioner had no dead trees on his own lot, so he was not considered an aggrieved party.
Alj Quote
Here, Petitioner is not an aggrieved party. Petitioner admitted that he brought forth his petition 'on behalf of all community members' and did not have a dead, dying, or missing tree on his lot.
Legal Basis
Standing / Aggrieved Party Status
Topic Tags
Standing
Procedural Requirements
Question
Can I argue that my neighbor's violations are diminishing my property value in an administrative hearing?
Short Answer
Generally, no, unless you have concrete evidence and it is a justiciable issue.
Detailed Answer
Claims that a neighbor's lack of maintenance (like dead trees) negatively impacts your property value may be dismissed as irrelevant or unsupported without significant proof. The tribunal may consider this non-justiciable.
Alj Quote
Notably, Petitioner’s allegation that his lot’s value has been diminished by neighboring lots due to their dead, dying, and/or missing trees is irrelevant, not supported by the record, and is not a justiciable issue for this tribunal.
Legal Basis
Evidence / Justiciable Issues
Topic Tags
Property Value
Evidence
Question
If I pay a filing fee for one issue, can I add other complaints to the hearing later?
Short Answer
No. The tribunal will only address the specific issue for which the filing fee was paid.
Detailed Answer
Administrative hearings are limited in scope to the specific issues properly petitioned and paid for. Tangential issues raised in addendums or during the hearing will likely not be adjudicated if a separate fee was not paid.
Alj Quote
Because Petitioner only paid for the adjudication of one (1) issue, this Tribunal may not address all of the tangential issues Petitioner raised in the addendum to his petition.
Legal Basis
ARIZ. REV. STAT. § 32-2199.05
Topic Tags
Filing Fees
Scope of Hearing
Question
Does the HOA have the authority to remove items (like trees) from my private lot without permission?
Short Answer
No, unless the governing documents explicitly grant that authority.
Detailed Answer
The HOA generally cannot enter a homeowner's lot to remove property, such as trees, without the owner's permission, unless the record establishes specific authority to do so.
Alj Quote
There is nothing in the record that establishes Respondent has the authority to remove a tree from a homeowner’s lot without permission, or that Respondent has done so in the past.
Legal Basis
Property Rights / HOA Authority
Topic Tags
Homeowner Rights
Trespass/Authority
Question
What level of proof is required for a homeowner to win a case against their HOA?
Short Answer
The standard is 'preponderance of the evidence'.
Detailed Answer
The petitioner must prove that their claim is more likely true than not. This is a lower standard than 'beyond a reasonable doubt' used in criminal cases, but still requires superior evidentiary weight.
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
Burden of Proof
Topic Tags
Legal Standards
Evidence
Question
Can I base my claim on the 'Master Association' CC&Rs if my specific HOA CC&Rs say something different?
Short Answer
Generally, the specific HOA CC&Rs form the enforceable contract for maintenance issues within that specific subdivision.
Detailed Answer
While a Master Association may have its own rules, the specific subdivision's CC&Rs are often the controlling documents regarding maintenance obligations for lots within that subdivision. The ALJ focused on the specific HOA's documents to determine liability.
Alj Quote
The record reflects that the Deer Valley CC&Rs govern landscaping maintenance for the Association… [and] did not require Respondent to replace dead, dying, or missing trees within the Association
Legal Basis
Governing Documents Hierarchy
Topic Tags
CC&Rs
Master Association
Case
Docket No
23F-H003-REL
Case Title
Matthew E Thompson vs. Deer Valley Homeowners Association Inc.
Decision Date
2022-12-20
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Matthew E Thompson(petitioner) Also referred to as Mathew E. Thompson; Appeared on his own behalf
Respondent Side
Beth Mulcahy(HOA attorney) Mulcahy Law Firm, PC Also referred to as Beth Mohei, Beth Moi, or Beth Mali
Haidyn DiLorenzo(HOA attorney) Mulcahy Law Firm, PC Also referred to as Hayden Dorenzo
Charles Dean Otto(Board President; witness) Deer Valley Homeowners Association Inc. Also referred to as Charles Deano; President of the board of management
Neutral Parties
Jenna Clark(ALJ) OAH Administrative Law Judge
Other Participants
Louis Dettorre(ADRE Commissioner) Arizona Department of Real Estate
Dan Gardener(ADRE staff) Arizona Department of Real Estate Constituent Services Manager
Miranda Alvarez(Legal Secretary) Transmitted electronic order
c. serrano(OAH staff) OAH Transmitted Minute Entry
Sam Muza(Contractor President) Verde Valley Landscape Services Signed contract with HOA
Charlene Frost(homeowner) Filed Request for Exterior Change application
vnunez(ADRE staff) Arizona Department of Real Estate Recipient of official correspondence
AHansen(ADRE staff) Arizona Department of Real Estate Recipient of official correspondence
djones(ADRE staff) Arizona Department of Real Estate Recipient of official correspondence
labril(ADRE staff) Arizona Department of Real Estate Recipient of official correspondence
The Administrative Law Judge denied the petition, finding that the Petitioner failed to prove the Association violated ARIZ. REV. STAT. § 33-1805, concluding that the requested materials lists and specifications were not 'financial and other records of the association' that the HOA was legally required to possess and provide within 10 business days.
Why this result: Petitioner failed to sustain the burden of proof that the Respondent violated the records request statute.
Key Issues & Findings
Alleged violation of records request statute (failure to timely provide materials lists/specifications related to roof replacement/repairs).
Petitioner requested materials lists and specifications regarding recent (Sept 2021) and past (since 1986) roof work on February 27, 2022. The Association provided a scope of work document from the vendor on May 11, 2022, after the petition was filed. The ALJ determined the requested documents were not established to be 'financial and other records of the association' as contemplated by the statute, and TMT was not in possession of them at the time of the request.
Orders: Petitioner's petition and request for a civil penalty were denied. Respondent was not ordered to reimburse Petitioner's filing fee.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
ARIZ. REV. STAT. § 33-1805 A
ARIZ. REV. STAT. § 32-2199.02 A
ARIZ. REV. STAT. § 32-2199.05
Analytics Highlights
Topics: HOA records request, Planned Community Act, Roof Repair/Replacement, Condominium, Burden of Proof
Additional Citations:
ARIZ. REV. STAT. § 33-1805
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2222048-REL Decision – 1003691.pdf
Uploaded 2026-01-23T17:48:15 (160.6 KB)
22F-H2222048-REL Decision – 979940.pdf
Uploaded 2026-01-23T17:48:17 (49.4 KB)
22F-H2222048-REL Decision – 979959.pdf
Uploaded 2026-01-23T17:48:18 (7.1 KB)
22F-H2222048-REL Decision – 985762.pdf
Uploaded 2026-01-23T17:48:20 (52.8 KB)
22F-H2222048-REL Decision – 986375.pdf
Uploaded 2026-01-23T17:48:22 (52.8 KB)
Study Guide – 22F-H2222048-REL
{ “case”: { “docket_no”: “22F-H2222048-REL”, “case_title”: “Robert C. Ochs vs. The Camelview Greens Homeowners Association”, “decision_date”: “2022-10-04”, “alj_name”: “Jenna Clark”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If my HOA does not have a specific document I requested, are they required to obtain it from a vendor to fulfill my request?”, “short_answer”: “No. The HOA is not obligated to produce records it does not possess or keep in the ordinary course of business.”, “detailed_answer”: “If an HOA management company is not in possession of a specific document (such as a materials list held by a third-party contractor) at the time of the request, they are not legally obligated to obtain it or provide it within the 10-day statutory window. A failure to provide a document the HOA never possessed is not a statutory violation.”, “alj_quote”: “What the record reflects is that TMT was never in possession of the documents in Petitioner’s request. While TMT could have provided notice of such within 10 business days, they were under no legal obligation to do so. No statutory violation(s) exist.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “vendor documents”, “HOA obligations” ] }, { “question”: “Is the HOA required to mail or email me copies of the records I request?”, “short_answer”: “Not necessarily. The primary statutory requirement is to make records available for examination.”, “detailed_answer”: “The Administrative Law Judge clarified that the statute strictly requires the HOA to reasonably permit a homeowner to examine records. While providing copies is common, the explicit statutory requirement is for examination.”, “alj_quote”: “Notably, ARIZ. REV. STAT. § 33-1805 does not require a Homeowner’s Association to provide copies of records upon request of a homeowner. Rather, the statute requires only that the association reasonably permit a homeowner to examine records.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “procedural requirements”, “copies vs examination” ] }, { “question”: “Can I request historical records dating back several decades?”, “short_answer”: “Requests for very old records may be deemed unreasonable, especially if management companies have changed.”, “detailed_answer”: “A request for records spanning 35 years was found to be unreasonable in this case, particularly because the current management company testified they did not receive such records from the previous management company.”, “alj_quote”: “Petitioner’s secondary request for 35 years’ worth records was unreasonable, as uncontroverted testimony established that TMT did not obtain any records from its predecessor upon the commencement of its position.”, “legal_basis”: “Reasonableness standard”, “topic_tags”: [ “historical records”, “reasonableness”, “management transition” ] }, { “question”: “How many days does the HOA have to fulfill a request to examine records?”, “short_answer”: “The HOA has ten business days.”, “detailed_answer”: “Under Arizona law, an association must allow a member to examine financial and other records within ten business days of the request.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “deadlines”, “statutory requirements” ] }, { “question”: “Do detailed materials lists from contractors count as ‘official records’ of the association?”, “short_answer”: “Not automatically. If they are not kept in the ordinary course of business, they may not be considered association records.”, “detailed_answer”: “The ALJ found that specific materials lists and specifications from a vendor, which were not kept by the HOA in the ordinary course of business, did not constitute ‘financial’ or ‘other records of the association’ that the HOA was mandated to provide.”, “alj_quote”: “Petitioner did not establish that the documents in his records request were ‘financial’ or constituted ‘other records of the association’ as required by law.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “definition of records”, “contractor documents” ] }, { “question”: “Who is responsible for proving that the HOA violated the law?”, “short_answer”: “The homeowner (petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing regarding an HOA dispute, the homeowner filing the petition must prove by a ‘preponderance of the evidence’ that the HOA violated the statute.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.A.C. R2-19-119”, “topic_tags”: [ “burden of proof”, “legal standards”, “hearing procedures” ] } ] }
Blog Post – 22F-H2222048-REL
{ “case”: { “docket_no”: “22F-H2222048-REL”, “case_title”: “Robert C. Ochs vs. The Camelview Greens Homeowners Association”, “decision_date”: “2022-10-04”, “alj_name”: “Jenna Clark”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If my HOA does not have a specific document I requested, are they required to obtain it from a vendor to fulfill my request?”, “short_answer”: “No. The HOA is not obligated to produce records it does not possess or keep in the ordinary course of business.”, “detailed_answer”: “If an HOA management company is not in possession of a specific document (such as a materials list held by a third-party contractor) at the time of the request, they are not legally obligated to obtain it or provide it within the 10-day statutory window. A failure to provide a document the HOA never possessed is not a statutory violation.”, “alj_quote”: “What the record reflects is that TMT was never in possession of the documents in Petitioner’s request. While TMT could have provided notice of such within 10 business days, they were under no legal obligation to do so. No statutory violation(s) exist.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “vendor documents”, “HOA obligations” ] }, { “question”: “Is the HOA required to mail or email me copies of the records I request?”, “short_answer”: “Not necessarily. The primary statutory requirement is to make records available for examination.”, “detailed_answer”: “The Administrative Law Judge clarified that the statute strictly requires the HOA to reasonably permit a homeowner to examine records. While providing copies is common, the explicit statutory requirement is for examination.”, “alj_quote”: “Notably, ARIZ. REV. STAT. § 33-1805 does not require a Homeowner’s Association to provide copies of records upon request of a homeowner. Rather, the statute requires only that the association reasonably permit a homeowner to examine records.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “procedural requirements”, “copies vs examination” ] }, { “question”: “Can I request historical records dating back several decades?”, “short_answer”: “Requests for very old records may be deemed unreasonable, especially if management companies have changed.”, “detailed_answer”: “A request for records spanning 35 years was found to be unreasonable in this case, particularly because the current management company testified they did not receive such records from the previous management company.”, “alj_quote”: “Petitioner’s secondary request for 35 years’ worth records was unreasonable, as uncontroverted testimony established that TMT did not obtain any records from its predecessor upon the commencement of its position.”, “legal_basis”: “Reasonableness standard”, “topic_tags”: [ “historical records”, “reasonableness”, “management transition” ] }, { “question”: “How many days does the HOA have to fulfill a request to examine records?”, “short_answer”: “The HOA has ten business days.”, “detailed_answer”: “Under Arizona law, an association must allow a member to examine financial and other records within ten business days of the request.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “deadlines”, “statutory requirements” ] }, { “question”: “Do detailed materials lists from contractors count as ‘official records’ of the association?”, “short_answer”: “Not automatically. If they are not kept in the ordinary course of business, they may not be considered association records.”, “detailed_answer”: “The ALJ found that specific materials lists and specifications from a vendor, which were not kept by the HOA in the ordinary course of business, did not constitute ‘financial’ or ‘other records of the association’ that the HOA was mandated to provide.”, “alj_quote”: “Petitioner did not establish that the documents in his records request were ‘financial’ or constituted ‘other records of the association’ as required by law.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “definition of records”, “contractor documents” ] }, { “question”: “Who is responsible for proving that the HOA violated the law?”, “short_answer”: “The homeowner (petitioner) bears the burden of proof.”, “detailed_answer”: “In an administrative hearing regarding an HOA dispute, the homeowner filing the petition must prove by a ‘preponderance of the evidence’ that the HOA violated the statute.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.A.C. R2-19-119”, “topic_tags”: [ “burden of proof”, “legal standards”, “hearing procedures” ] } ] }
Case Participants
Petitioner Side
Robert C. Ochs(petitioner) Appeared on his own behalf
Respondent Side
Ashley N. Moscarello(HOA attorney) Goodman Holmgren Appeared on behalf of respondent
Carl Westlund(witness) The Management Trust Division Vice President of Community Management at TMT
Shauna Carr(property manager) The Management Trust Former executive community manager for Camel View Greens
Dameon Cons(HOA attorney) Goodman Holmgren Sent response letter to Petitioner
Mark A. Holmgren(HOA attorney) Goodman Holmgren Counsel for Respondent listed on transmittals
Neutral Parties
Jenna Clark(ALJ) OAH
Louis Dettorre(Commissioner) ADRE
Miranda Alvarez(Legal Secretary) OAH Transmitted orders/minute entries
AHansen(ADRE Staff) ADRE Recipient of official documents
vnunez(ADRE Staff) ADRE Recipient of official documents
djones(ADRE Staff) ADRE Recipient of official documents
labril(ADRE Staff) ADRE Recipient of official documents
Other Participants
Jeff Centers(vendor/project manager) Vendor Contractor hired by the community
The Administrative Law Judge denied the homeowner's petition, finding that the homeowner failed to prove the HOA violated CC&Rs Sections 3.5 or 3.6 regarding its authority to enact or enforce the rules and regulations that were at issue.
Why this result: Petitioner failed to sustain her burden of proving by a preponderance of the evidence that the Respondent violated CC&Rs Section 3.5 or 3.6. The ALJ concluded that the HOA was authorized to enact rules relating to the operation of the association and to enforce them.
Key Issues & Findings
Petitioner claimed Respondent violated CC&Rs 3.5 and 3.6 regarding its power to adopt and enforce rules by applying rules allegedly unrelated to the operation of the association and/or failing to follow protocol.
Petitioner challenged the HOA's authority to enact (3.5) and enforce (3.6) specific rules, arguing they were not related to association operation (e.g., controlling off-site email communication or fining for vendor interaction) and that enforcement protocols were violated. The ALJ denied the petition, finding the HOA was authorized to enact and enforce rules related to the operation of the association, and Petitioner failed to meet her burden of proof.
Orders: Petitioner's petition is denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
Cited:
ARIZ. REV. STAT. §§ 32-2102
ARIZ. REV. STAT. §§ 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. §§ 32-2199(2)
ARIZ. REV. STAT. §§ 32-2199.01(A)
ARIZ. REV. STAT. §§ 32-2199.01(D)
ARIZ. REV. STAT. §§ 32-2199.02
ARIZ. REV. STAT. §§ 41-1092 et seq.
ARIZ. ADMIN. CODE R2-19-119
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
Analytics Highlights
Topics: HOA rules and regulations, CC&Rs, Enforcement authority, Burden of Proof, Planned community association dispute
Additional Citations:
ARIZ. REV. STAT. §§ 32-2102
ARIZ. REV. STAT. §§ 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. §§ 32-2199(2)
ARIZ. REV. STAT. §§ 32-2199.01(A)
ARIZ. REV. STAT. §§ 32-2199.01(D)
ARIZ. REV. STAT. §§ 32-2199.02
ARIZ. REV. STAT. §§ 41-1092 et seq.
ARIZ. ADMIN. CODE R2-19-119
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
Video Overview
Audio Overview
Decision Documents
22F-H2222038-REL Decision – 966844.pdf
Uploaded 2026-01-23T17:45:56 (48.2 KB)
22F-H2222038-REL Decision – 969590.pdf
Uploaded 2026-01-23T17:46:01 (44.1 KB)
22F-H2222038-REL Decision – 994145.pdf
Uploaded 2026-01-23T17:46:05 (145.3 KB)
Questions
Question
Are the CC&Rs considered a legally binding contract?
Short Answer
Yes, CC&Rs are an enforceable contract between the HOA and the homeowner.
Detailed Answer
When a person purchases a property within an HOA, they agree to be bound by the terms of the CC&Rs. The decision explicitly states that this document constitutes a contract.
Alj Quote
Thus, the CC&Rs form an enforceable contract between Respondent and each property owner.
Legal Basis
Contract Law Principles / CC&Rs
Topic Tags
CC&Rs
Legal Status
Contract
Question
Can an HOA create rules regarding behavior toward staff and board members?
Short Answer
Yes, rules prohibiting harassment or abuse of staff and board members are valid.
Detailed Answer
The ALJ determined that rules governing conduct towards the board and management relate to the operation of the association and are therefore within the HOA's authority to enact.
Alj Quote
Respondent was authorized to enact rules and regulations relating to the operation of the association. The rules at issue in this matter relate to the operation of the association.
Legal Basis
Authority to Adopt Rules
Topic Tags
Rules and Regulations
Harassment
Board Authority
Question
Must the HOA provide a hearing before assessing a fine?
Short Answer
Yes, due written notice and an opportunity for a hearing are generally required.
Detailed Answer
The decision cites the HOA's specific fine guidelines which mandate that a member must be given notice and a chance to be heard before a fine is assessed.
Alj Quote
No fine shall be assessed until the Member who has committed a violation has been given due written notice and an opportunity for a hearing.
Legal Basis
Due Process / Fine Guidelines
Topic Tags
Fines
Due Process
Hearings
Question
What is the burden of proof for a homeowner suing their HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The homeowner must prove that their contention is more likely true than not. The burden is on the petitioner to prove the HOA violated its documents.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
Standard of Proof
Topic Tags
Legal Standards
Burden of Proof
Evidence
Question
Can the HOA fine me for interrupting or hindering vendors?
Short Answer
Yes, rules prohibiting the hindering of vendors are enforceable.
Detailed Answer
The ALJ upheld the HOA's authority to enforce rules that include fines for hindering hired vendors, as these rules relate to the association's operations.
Alj Quote
Hindering a hired vendor from their work at another property in The Meadows. This violation carries a $100.00 fine.
Legal Basis
Enforcement of Rules
Topic Tags
Vendors
Interference
Fines
Question
If I challenge the validity of a rule, will the judge also decide if I am guilty of the specific violation?
Short Answer
Not necessarily; the judge only decides the issues raised in the petition.
Detailed Answer
If a homeowner's petition only challenges the HOA's authority to make a rule, the ALJ will not rule on the facts of the specific violation (e.g., whether the conduct actually happened) if that issue was not explicitly raised.
Alj Quote
While Petitioner may have wanted to argue that the alleged violations brought against her were not proper, she did not raise that issue in her Petition.
Legal Basis
Scope of Hearing
Topic Tags
Petition Scope
Legal Procedure
Defense
Question
Does the HOA have the power to enforce rules that are not explicitly detailed in the original CC&Rs?
Short Answer
Yes, if the CC&Rs grant the power to adopt and enforce new rules.
Detailed Answer
The CC&Rs in this case allowed the Association to adopt new rules deemed necessary for the operation of the association, and gave them the same force as the Declaration.
Alj Quote
The Association shall have the power to enforce the provisions of this Declaration and of Rules & Regulations by any lawful remedy or means…
Legal Basis
CC&R Section 3.6
Topic Tags
Rulemaking
Enforcement
Governing Documents
Case
Docket No
22F-H2222038-REL
Case Title
Evin Abromowitz vs The Meadows Homeowners Association
Decision Date
2022-08-22
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Questions
Question
Are the CC&Rs considered a legally binding contract?
Short Answer
Yes, CC&Rs are an enforceable contract between the HOA and the homeowner.
Detailed Answer
When a person purchases a property within an HOA, they agree to be bound by the terms of the CC&Rs. The decision explicitly states that this document constitutes a contract.
Alj Quote
Thus, the CC&Rs form an enforceable contract between Respondent and each property owner.
Legal Basis
Contract Law Principles / CC&Rs
Topic Tags
CC&Rs
Legal Status
Contract
Question
Can an HOA create rules regarding behavior toward staff and board members?
Short Answer
Yes, rules prohibiting harassment or abuse of staff and board members are valid.
Detailed Answer
The ALJ determined that rules governing conduct towards the board and management relate to the operation of the association and are therefore within the HOA's authority to enact.
Alj Quote
Respondent was authorized to enact rules and regulations relating to the operation of the association. The rules at issue in this matter relate to the operation of the association.
Legal Basis
Authority to Adopt Rules
Topic Tags
Rules and Regulations
Harassment
Board Authority
Question
Must the HOA provide a hearing before assessing a fine?
Short Answer
Yes, due written notice and an opportunity for a hearing are generally required.
Detailed Answer
The decision cites the HOA's specific fine guidelines which mandate that a member must be given notice and a chance to be heard before a fine is assessed.
Alj Quote
No fine shall be assessed until the Member who has committed a violation has been given due written notice and an opportunity for a hearing.
Legal Basis
Due Process / Fine Guidelines
Topic Tags
Fines
Due Process
Hearings
Question
What is the burden of proof for a homeowner suing their HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The homeowner must prove that their contention is more likely true than not. The burden is on the petitioner to prove the HOA violated its documents.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
Standard of Proof
Topic Tags
Legal Standards
Burden of Proof
Evidence
Question
Can the HOA fine me for interrupting or hindering vendors?
Short Answer
Yes, rules prohibiting the hindering of vendors are enforceable.
Detailed Answer
The ALJ upheld the HOA's authority to enforce rules that include fines for hindering hired vendors, as these rules relate to the association's operations.
Alj Quote
Hindering a hired vendor from their work at another property in The Meadows. This violation carries a $100.00 fine.
Legal Basis
Enforcement of Rules
Topic Tags
Vendors
Interference
Fines
Question
If I challenge the validity of a rule, will the judge also decide if I am guilty of the specific violation?
Short Answer
Not necessarily; the judge only decides the issues raised in the petition.
Detailed Answer
If a homeowner's petition only challenges the HOA's authority to make a rule, the ALJ will not rule on the facts of the specific violation (e.g., whether the conduct actually happened) if that issue was not explicitly raised.
Alj Quote
While Petitioner may have wanted to argue that the alleged violations brought against her were not proper, she did not raise that issue in her Petition.
Legal Basis
Scope of Hearing
Topic Tags
Petition Scope
Legal Procedure
Defense
Question
Does the HOA have the power to enforce rules that are not explicitly detailed in the original CC&Rs?
Short Answer
Yes, if the CC&Rs grant the power to adopt and enforce new rules.
Detailed Answer
The CC&Rs in this case allowed the Association to adopt new rules deemed necessary for the operation of the association, and gave them the same force as the Declaration.
Alj Quote
The Association shall have the power to enforce the provisions of this Declaration and of Rules & Regulations by any lawful remedy or means…
Legal Basis
CC&R Section 3.6
Topic Tags
Rulemaking
Enforcement
Governing Documents
Case
Docket No
22F-H2222038-REL
Case Title
Evin Abromowitz vs The Meadows Homeowners Association
Decision Date
2022-08-22
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Evin Abromowitz(petitioner) Property owner and member of The Meadows Homeowners Association.
Carolyn C. E. Davis(witness) Known as Carrie Davis.
Shannon Kelsey(witness) Former employee of the association.
Patrick Scott(witness) Witness for Petitioner.
Respondent Side
Nicholas Nogami(HOA attorney) Carpenter Hazlewood Delgado & Bolen, LLP Represented The Meadows Homeowners Association.
Lynn Mater(HOA President/manager/witness) The Meadows Homeowners Association/ADAM LLC Testified for Respondent.
Jacqueline Conoy(assistant community manager) ADAM LLC/The Meadows Homeowners Association Recipient of emails from Petitioner.
Omid(board member) The Meadows Homeowners Association Mentioned in relation to drafting rules with Lynn.
Hiker(attorney associate) Carpenter Hazlewood Delgado & Bolen, LLP (implied) Appeared on the call with Nicholas Nogami.
Neutral Parties
Tammy L. Eigenheer(ALJ) OAH Administrative Law Judge.
Louis Dettorre(ADRE Commissioner) Arizona Department of Real Estate
c. serrano(OAH administrative staff) OAH Signed transmission.
Miranda Alvarez(legal secretary) Signed transmission.
The Petitioner's claim was denied because the ALJ concluded that the alleged violation of the 5th Amended Master Declaration Article 6.7 was not proven by a preponderance of the evidence; the argument was premature as the action (substantial change in use) had not yet come to fruition.
Why this result: Petitioner failed to meet the burden of proof; the argument was not ripe and predicated on actions that have yet to occur.
Key Issues & Findings
Change in Use of Common Area
Petitioner alleged that the Association violated Article 6.7 by modifying renovation plans for the Activity Center's coffee bar to include the sale of alcoholic beverages (cafe wine bar) without the requisite 60% membership vote, arguing this converted common area into a restricted commercial bar.
Orders: Petitioners' petition is denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. ADMIN. CODE R2-19-119
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
5th Amended Master Declaration Article 6.7
Analytics Highlights
Topics: HOA, Master Declaration, Change of Use, Common Area, Liquor License, Renovation, Ripeness, Cafe Wine Bar
Additional Citations:
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. ADMIN. CODE R2-19-119
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2221011-REL Decision – 935334.pdf
Uploaded 2026-01-23T17:40:43 (49.3 KB)
22F-H2221011-REL Decision – 956246.pdf
Uploaded 2026-01-23T17:40:48 (138.2 KB)
Questions
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
In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner filing the petition to prove that a violation occurred. The HOA does not have to disprove the claim; the petitioner must provide sufficient evidence to support their allegations.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
ARIZ. ADMIN. CODE R2-19-119
Topic Tags
burden of proof
legal standards
procedure
Question
How much evidence is required to win a case against an HOA?
Short Answer
A preponderance of the evidence.
Detailed Answer
The standard of proof is 'preponderance of the evidence,' which means the evidence must show that the homeowner's claim is more likely true than not. It is based on the convincing force of the evidence rather than the quantity 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
Topic Tags
evidence
legal standards
Question
Can I file a petition against my HOA for a violation that hasn't happened yet but is planned?
Short Answer
Generally, no. The dispute must be 'ripe' and not theoretical.
Detailed Answer
Administrative Law Judges generally cannot rule on grievances that are theoretical or based on actions that have not yet occurred. If a construction project or change has not physically started, a claim that it 'will' cause a violation may be dismissed as not ripe.
Alj Quote
The crux of Petitioner’s is theoretical and predicated on action(s) that have yet to occur… Therefore, it cannot reasonably be concluded that the Association substantially changed the use of a portion of a common area.
Legal Basis
Ripeness Doctrine
Topic Tags
ripeness
future violations
construction
Question
Can the Administrative Law Judge order an injunction to stop the HOA from doing something?
Short Answer
No, injunctive relief is unavailable in this administrative process.
Detailed Answer
The administrative hearing process in Arizona for HOA disputes does not grant the ALJ the authority to issue injunctions (orders to stop an action) or declaratory relief. The ALJ determines if a violation occurred based on past or present facts.
Alj Quote
Based on Petitioner’s arguments in closing, it is apparent that he is seeking injunctive and/or declaratory relief that is unavailable for litigants in the administrative hearing process in the State of Arizona.
Legal Basis
Administrative Hearing Limits
Topic Tags
injunctions
remedies
legal relief
Question
Does a renovation of a common area facility automatically count as a 'substantial change in use'?
Short Answer
Not necessarily, especially if the change hasn't occurred yet or doesn't alter the character of the area.
Detailed Answer
Whether a renovation is a 'substantial change in use' (which often requires a member vote) depends on if it changes the character and nature of the area. However, if the project is not yet built, an ALJ may be unable to determine if the change is substantial.
Alj Quote
Notably, the undersigned cannot make any determinations about whether the Association’s proposed voter-approved construction would alter the character and nature of the common area to such an extent that it would create a “substantial change of use” to the area.
Legal Basis
Master Declaration Article 6.7 (cited in decision)
Topic Tags
common areas
renovations
change of use
Question
Is the decision made by the Administrative Law Judge final and binding?
Short Answer
Yes, unless a rehearing is granted.
Detailed Answer
The ALJ's order is binding on both the homeowner and the HOA unless one party successfully files for a rehearing within 30 days of service of the order.
Alj Quote
Pursuant to ARIZ. REV. STAT. § 32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to ARIZ. REV. STAT. § 32-2199.04.
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(B)
Topic Tags
appeals
binding order
procedure
Case
Docket No
22F-H2221011-REL
Case Title
John J Balaco vs. Sun City Oro Valley Community Association, Inc.
Decision Date
2022-03-21
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Questions
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
In an administrative hearing regarding an HOA dispute, the burden falls on the homeowner filing the petition to prove that a violation occurred. The HOA does not have to disprove the claim; the petitioner must provide sufficient evidence to support their allegations.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
ARIZ. ADMIN. CODE R2-19-119
Topic Tags
burden of proof
legal standards
procedure
Question
How much evidence is required to win a case against an HOA?
Short Answer
A preponderance of the evidence.
Detailed Answer
The standard of proof is 'preponderance of the evidence,' which means the evidence must show that the homeowner's claim is more likely true than not. It is based on the convincing force of the evidence rather than the quantity 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
Topic Tags
evidence
legal standards
Question
Can I file a petition against my HOA for a violation that hasn't happened yet but is planned?
Short Answer
Generally, no. The dispute must be 'ripe' and not theoretical.
Detailed Answer
Administrative Law Judges generally cannot rule on grievances that are theoretical or based on actions that have not yet occurred. If a construction project or change has not physically started, a claim that it 'will' cause a violation may be dismissed as not ripe.
Alj Quote
The crux of Petitioner’s is theoretical and predicated on action(s) that have yet to occur… Therefore, it cannot reasonably be concluded that the Association substantially changed the use of a portion of a common area.
Legal Basis
Ripeness Doctrine
Topic Tags
ripeness
future violations
construction
Question
Can the Administrative Law Judge order an injunction to stop the HOA from doing something?
Short Answer
No, injunctive relief is unavailable in this administrative process.
Detailed Answer
The administrative hearing process in Arizona for HOA disputes does not grant the ALJ the authority to issue injunctions (orders to stop an action) or declaratory relief. The ALJ determines if a violation occurred based on past or present facts.
Alj Quote
Based on Petitioner’s arguments in closing, it is apparent that he is seeking injunctive and/or declaratory relief that is unavailable for litigants in the administrative hearing process in the State of Arizona.
Legal Basis
Administrative Hearing Limits
Topic Tags
injunctions
remedies
legal relief
Question
Does a renovation of a common area facility automatically count as a 'substantial change in use'?
Short Answer
Not necessarily, especially if the change hasn't occurred yet or doesn't alter the character of the area.
Detailed Answer
Whether a renovation is a 'substantial change in use' (which often requires a member vote) depends on if it changes the character and nature of the area. However, if the project is not yet built, an ALJ may be unable to determine if the change is substantial.
Alj Quote
Notably, the undersigned cannot make any determinations about whether the Association’s proposed voter-approved construction would alter the character and nature of the common area to such an extent that it would create a “substantial change of use” to the area.
Legal Basis
Master Declaration Article 6.7 (cited in decision)
Topic Tags
common areas
renovations
change of use
Question
Is the decision made by the Administrative Law Judge final and binding?
Short Answer
Yes, unless a rehearing is granted.
Detailed Answer
The ALJ's order is binding on both the homeowner and the HOA unless one party successfully files for a rehearing within 30 days of service of the order.
Alj Quote
Pursuant to ARIZ. REV. STAT. § 32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to ARIZ. REV. STAT. § 32-2199.04.
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(B)
Topic Tags
appeals
binding order
procedure
Case
Docket No
22F-H2221011-REL
Case Title
John J Balaco vs. Sun City Oro Valley Community Association, Inc.
Decision Date
2022-03-21
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
John J Balaco(petitioner)
Diane Paton(witness)
James Gearhart(helper / observer) Assisted Petitioner with documents; observed hearing
Respondent Side
Nicholas Nogami(attorney) Carpenter Hazlewood Delgado & Bolen LLP Counsel for Respondent
Sami Farhat(attorney) Carpenter Hazlewood Delgado & Bolen LLP Counsel for Respondent
Mark Wade(general manager / witness)
Randall Jean Trenary(controller / witness) Liquor license agent
James Henry Mitchell(witness) Also referred to as Jim Mitchell or Randall James Mitchell
Neutral Parties
Jenna Clark(ALJ) OAH
Louis Dettorre(Commissioner) Arizona Department of Real Estate
DGardner(ADRE staff) Arizona Department of Real Estate Contact for appeal procedure
c. serrano(OAH staff) OAH Transmitter of Minute Entry
Miranda Alvarez(OAH staff) OAH Transmitter of ALJ Decision
CC&Rs Article V Section 1, CC&Rs Article VI Section 1a, and Bylaws Article IV Section 2c
Outcome Summary
The Administrative Law Judge granted Petitioner's request, finding that the HOA violated its community documents regarding common area maintenance because a bottle tree in the common area caused damage to Petitioner's property. The ALJ ordered the HOA to comply with the relevant community document provisions and refund the Petitioner's $500.00 filing fee. The ALJ noted she lacked statutory authority to award the approximately $28,486.00 in monetary damages requested by Petitioner.
Key Issues & Findings
HOA failure to maintain common area landscaping resulting in root damage to homeowner property.
The Respondent HOA violated its community document obligations for common area maintenance (including landscaping) because a bottle tree located in the common area caused substantial root intrusion damage (lifting and heaving) to the Petitioner's patio and concrete slab.
Orders: Petition granted. Respondent ordered to abide by CC&Rs Article V Section 1, CC&Rs Article VI Section 1a, and Bylaws Article IV Section 2c. Respondent ordered to pay Petitioner the filing fee of $500.00 within thirty (30) days. No civil penalty imposed.
If a tree in the HOA common area damages my home, is the HOA responsible even if the tree was planted by a previous homeowner?
Short Answer
Yes. The HOA's duty to maintain the common area applies regardless of who originally planted the tree.
Detailed Answer
The ALJ determined that even though the parties presumed the trees were planted by an original homeowner decades ago, the HOA still had an obligation to maintain the common area. The HOA was found in violation of the CC&Rs because the tree located in the common area caused damage to the homeowner's property.
Alj Quote
Respondent’s duty to maintain the Common Area did not end at the boundary line of the Common Area. A tree in Respondent’s Common Area caused damage to Petitioner’s property.
Legal Basis
CC&Rs Article V Section 1; Article VI Section 1a
Topic Tags
common area maintenance
property damage
landscaping
liability
Question
Can the Administrative Law Judge award me money (damages) to cover the cost of repairs to my home?
Short Answer
No. The ALJ does not have the statutory authority to award monetary damages or injunctive relief.
Detailed Answer
While the ALJ can determine that a violation occurred and order the HOA to abide by the community documents, they cannot order the HOA to pay for the repairs (damages). The homeowner may need to pursue a separate civil action for monetary compensation beyond the filing fee.
Alj Quote
Nothing in the statutes applicable to these disputes provides the Administrative Law Judge with any additional authority to award damages, injunction relief, or declaratory judgments.
Legal Basis
A.R.S. § 32-2199.02
Topic Tags
damages
remedies
jurisdiction
repairs
Question
If I win my hearing against the HOA, will I get my filing fee back?
Short Answer
Yes. If the petitioner prevails, the ALJ is required to order the respondent to pay the filing fee.
Detailed Answer
The decision explicitly ordered the HOA to reimburse the homeowner for the $500 filing fee because the petition was granted. This is a statutory requirement when the petitioner wins.
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
A.R.S. § 32-2199.02
Topic Tags
filing fees
reimbursement
costs
Question
Does the HOA's duty to 'maintain' landscaping include preventing root damage, or just trimming trees?
Short Answer
The duty to maintain includes preventing damage. Regular trimming is not sufficient if the roots are causing damage.
Detailed Answer
The HOA argued that they fulfilled their duty by having a landscaper trim the trees. However, the ALJ found that despite this regular maintenance, the HOA violated the CC&Rs because the tree's existence and condition caused damage to the adjacent property.
Alj Quote
Despite Respondent’s contract with CityScape for regular arbor maintenance, the bottle tree’s roots caused lifting and heaving of Petitioner’s patio and concrete slab.
Legal Basis
CC&Rs Article V Section 1
Topic Tags
maintenance definition
landscaping
negligence defense
Question
What is the standard of proof I need to meet to win a hearing against my HOA?
Short Answer
You must prove your case by a 'preponderance of the evidence'.
Detailed Answer
The homeowner bears the burden of proof. This standard means you must show that your claim is 'more probably true than not' or carries the greater weight of the evidence.
Alj Quote
Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
A.R.S. § 41-1092.07
Topic Tags
burden of proof
legal standards
evidence
Question
Is the HOA liable if they claim they didn't know the roots were causing problems?
Short Answer
Yes. Lack of knowledge or 'negligence' is not necessarily the standard for a CC&R violation in this context.
Detailed Answer
The HOA argued they were not negligent because they did not know about the root intrusion. The ALJ ruled against them anyway, basing the decision on the strict violation of the duty to maintain the common area which resulted in damage, effectively setting aside the 'we didn't know' defense.
Alj Quote
Respondent further argued that because it did not know or have reason to know of the root intrusion, Respondent was not negligent… [However,] the undersigned Administrative Law Judge concludes that… Petitioner established a violation… her petition must be granted.
Legal Basis
CC&Rs Article V Section 1
Topic Tags
negligence
liability
defense arguments
Case
Docket No
22F-H2221013-REL
Case Title
Nancy L. Pope vs. La Vida Homeowners Association
Decision Date
2022-03-02
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Questions
Question
If a tree in the HOA common area damages my home, is the HOA responsible even if the tree was planted by a previous homeowner?
Short Answer
Yes. The HOA's duty to maintain the common area applies regardless of who originally planted the tree.
Detailed Answer
The ALJ determined that even though the parties presumed the trees were planted by an original homeowner decades ago, the HOA still had an obligation to maintain the common area. The HOA was found in violation of the CC&Rs because the tree located in the common area caused damage to the homeowner's property.
Alj Quote
Respondent’s duty to maintain the Common Area did not end at the boundary line of the Common Area. A tree in Respondent’s Common Area caused damage to Petitioner’s property.
Legal Basis
CC&Rs Article V Section 1; Article VI Section 1a
Topic Tags
common area maintenance
property damage
landscaping
liability
Question
Can the Administrative Law Judge award me money (damages) to cover the cost of repairs to my home?
Short Answer
No. The ALJ does not have the statutory authority to award monetary damages or injunctive relief.
Detailed Answer
While the ALJ can determine that a violation occurred and order the HOA to abide by the community documents, they cannot order the HOA to pay for the repairs (damages). The homeowner may need to pursue a separate civil action for monetary compensation beyond the filing fee.
Alj Quote
Nothing in the statutes applicable to these disputes provides the Administrative Law Judge with any additional authority to award damages, injunction relief, or declaratory judgments.
Legal Basis
A.R.S. § 32-2199.02
Topic Tags
damages
remedies
jurisdiction
repairs
Question
If I win my hearing against the HOA, will I get my filing fee back?
Short Answer
Yes. If the petitioner prevails, the ALJ is required to order the respondent to pay the filing fee.
Detailed Answer
The decision explicitly ordered the HOA to reimburse the homeowner for the $500 filing fee because the petition was granted. This is a statutory requirement when the petitioner wins.
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
A.R.S. § 32-2199.02
Topic Tags
filing fees
reimbursement
costs
Question
Does the HOA's duty to 'maintain' landscaping include preventing root damage, or just trimming trees?
Short Answer
The duty to maintain includes preventing damage. Regular trimming is not sufficient if the roots are causing damage.
Detailed Answer
The HOA argued that they fulfilled their duty by having a landscaper trim the trees. However, the ALJ found that despite this regular maintenance, the HOA violated the CC&Rs because the tree's existence and condition caused damage to the adjacent property.
Alj Quote
Despite Respondent’s contract with CityScape for regular arbor maintenance, the bottle tree’s roots caused lifting and heaving of Petitioner’s patio and concrete slab.
Legal Basis
CC&Rs Article V Section 1
Topic Tags
maintenance definition
landscaping
negligence defense
Question
What is the standard of proof I need to meet to win a hearing against my HOA?
Short Answer
You must prove your case by a 'preponderance of the evidence'.
Detailed Answer
The homeowner bears the burden of proof. This standard means you must show that your claim is 'more probably true than not' or carries the greater weight of the evidence.
Alj Quote
Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated a community document.
Legal Basis
A.R.S. § 41-1092.07
Topic Tags
burden of proof
legal standards
evidence
Question
Is the HOA liable if they claim they didn't know the roots were causing problems?
Short Answer
Yes. Lack of knowledge or 'negligence' is not necessarily the standard for a CC&R violation in this context.
Detailed Answer
The HOA argued they were not negligent because they did not know about the root intrusion. The ALJ ruled against them anyway, basing the decision on the strict violation of the duty to maintain the common area which resulted in damage, effectively setting aside the 'we didn't know' defense.
Alj Quote
Respondent further argued that because it did not know or have reason to know of the root intrusion, Respondent was not negligent… [However,] the undersigned Administrative Law Judge concludes that… Petitioner established a violation… her petition must be granted.
Legal Basis
CC&Rs Article V Section 1
Topic Tags
negligence
liability
defense arguments
Case
Docket No
22F-H2221013-REL
Case Title
Nancy L. Pope vs. La Vida Homeowners Association
Decision Date
2022-03-02
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Nancy L Pope(petitioner)
Ed Humston(witness) H&H Enterprises of Arizona Petitioner's Contractor
Respondent Side
Erik J. Stone(HOA attorney) Jones, Skelton & Hochuli, P.L.C.
Gabrielle Sherwood(property manager) City Property Management Community Manager for La Vida HOA
Debbie Duffy(board member) La Vida Homeowners Association Board Secretary
Lawrence Oliva(board member) La Vida Homeowners Association Board President
Barbara(board member) La Vida Homeowners Association Mentioned in email correspondence
Neutral Parties
Tammy L. Eigenheer(ALJ) OAH
Louis Dettorre(Commissioner) ADRE
Santos Diaz(witness) CareScape Area Manager for CareScape, Respondent's landscaper
c. serrano(unknown) Transmitted documents
Miranda Alvarez(unknown) Transmitted documents
AHansen(unknown) ADRE staff Recipient of transmission
djones(unknown) ADRE staff Recipient of transmission
DGardner(unknown) ADRE staff Recipient of transmission
vnunez(unknown) ADRE staff Recipient of transmission
tandert(unknown) ADRE staff Recipient of transmission
