Tag Archives: ARIZ. REV. STAT. § 33-1817(B)(3)

Marc Archer v. PMPE Community Association, Inc.

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Case Summary

Case ID 21F-H2121040-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-03-30
Administrative Law Judge Thomas Shedden
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Marc Archer Counsel —
Respondent PMPE Community Association, Inc. Counsel Nicholas C. S. Nogami

Alleged Violations

ARIZ. REV. STAT. section 33-1817(B)(3)

Outcome Summary

The Association unreasonably withheld approval for Marc Archer's two-story garage addition, thereby violating ARIZ. REV. STAT. § 33-1817(B)(3). The Association was ordered to grant preliminary approval for the design and refund the $500 filing fee.

Key Issues & Findings

Unreasonable withholding of architectural approval

The Association unreasonably withheld preliminary approval for the Petitioner's January 2020 two-story garage addition request. The ALJ determined that none of the three reasons provided by the Association for the denial were reasonable.

Orders: The Association must grant preliminary approval for the proposed design and must pay the Petitioner his filing fee of $500.00 within thirty days of the Order.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1817(B)(3)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • AR Section 1.1
  • AR Section 4.4
  • AR Section 4.2

Analytics Highlights

Topics: HOA architectural approval, unreasonable denial, two-story garage addition, filing fee refund
Additional Citations:

  • ARIZ. REV. STAT. § 33-1817(B)(3)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. ADMIN. CODE § R2-19-119
  • AR Section 1.1
  • AR Section 4.4
  • AR Section 4.2

Decision Documents

21F-H2121040-REL-RHG Decision – 980535.pdf

Uploaded 2026-01-09T17:29:50 (46.7 KB)

21F-H2121040-REL-RHG Decision – 983516.pdf

Uploaded 2026-01-09T17:29:53 (38.4 KB)

Arthur Fisenko & Viktoriya Tkach-Fisenko v. Bellvue Homeowners

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Case Summary

Case ID 21F-H2121046-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-09-20
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Arthur Fisenko & Viktoriya Tkach-Fisenko Counsel Laurence Stevens, Esq.
Respondent Bellvue Homeowners Association Counsel Jamie B. Palfai, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1817(B)(3) and CC&Rs Article VII, Section 2

Outcome Summary

The Administrative Law Judge denied the Petition, finding that Petitioners failed to sustain their burden of proof that the Association violated state statute or community documents. The Association's Architectural Review Committee (ARC) refusal to approve the wall modification request was deemed reasonable because Petitioners failed to provide the supplemental information requested by the ARC.

Why this result: The record did not establish violation(s) of ARIZ. REV. STAT. § 33-1817(B)(3) or CC&Rs Article VII, Section 2 by a preponderance of the evidence. Petitioners did not provide sufficient and/or requisite information necessary for the ARC to make a reasonably objective determination, nor did they attempt to cure the deficient application.

Key Issues & Findings

Arbitrary and capricious denial of architectural request to move garage-side yard block wall and install a double-wide gate.

Petitioners alleged the Association (ARC) arbitrarily and capriciously rejected their request to move their garage-side yard wall eight (8) feet forward on their property, using the same materials as the existing wall, except replacing the single-wide gate with a double-wide gate previously approved by Respondent.

Orders: Petitioners’ petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1817(B)(3)
  • CC&Rs Article VII, Section 2

Analytics Highlights

Topics: HOA, Architectural Request, Block Wall, Architectural Review Committee (ARC), A.R.S. 33-1817
Additional Citations:

  • ARIZ. REV. STAT. § 33-1817(B)(3)
  • CC&Rs Article VII, Section 2
  • 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

Video Overview

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Decision Documents

21F-H2121046-REL Decision – 912007.pdf

Uploaded 2026-01-23T17:37:39 (138.0 KB)





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