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('for the purpose of electing or announcing the results') did not require elections and that the dissolution vote superseded the immediate need for elections, especially since no one objected at the meeting.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)
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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
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Today • 2:17 PM
Video Overview
Mind Map
Reports
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Data Table
Blog Post – 23F-H031-REL
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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
ARIZ. REV. STAT. §§ 33-1243(B) and Community Bylaws 3.1 and 3.6
Outcome Summary
The ALJ found the Board acted within its lawful authority because the governing documents and statute cited did not explicitly prohibit a Board Member from resigning and immediately being appointed to fill an unexpired term to elongate their service, and Petitioner failed to meet the burden of proof.
Why this result: Petitioner failed to prove by a preponderance of the evidence that the Association violated ARS § 33-1243(B) and Bylaws 3.1 and 3.6. The Tribunal found the Board’s action, though potentially questionable, was not unlawful.
Key Issues & Findings
Whether the Association violated ARS § 33-1243(B) and Bylaws 3.1 and 3.6 by appointing an existing board member to fill a vacancy, effectively extending her term.
The Board appointed existing Board member Joan Robley to fill the unexpired term of Board Member Gallu (expiring Jan 2023) immediately after she resigned her own seat (expiring Jan 2021), which Petitioner alleged violated governing documents by extending her term and not genuinely filling a vacancy.
Orders: Petitioner's petition was denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
ARIZ. REV. STAT. § 33-1243(B)
Community Bylaws 3.1
Community Bylaws 3.6
ARIZ. REV. STAT. § 32-2199.05
Analytics Highlights
Topics: Board Vacancy, Term Extension, Bylaw Interpretation, Resignation and Reappointment, ARS 33-1243(B)
Additional Citations:
ARIZ. REV. STAT. § 33-1243(B)
Community Bylaws 3.1
Community Bylaws 3.6
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)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
Video Overview
Audio Overview
Decision Documents
22F-H2221021-REL Decision – 948752.pdf
Uploaded 2026-01-23T17:42:33 (130.2 KB)
Questions
Question
Can a board member resign and immediately be appointed to a different vacancy to get a longer term?
Short Answer
Yes, unless the governing documents specifically prohibit it.
Detailed Answer
The ALJ ruled that a board member can resign their current seat and be appointed to a vacancy with a longer unexpired term. As long as the member is eligible (e.g., a unit owner) and the bylaws or statutes do not explicitly forbid this practice, it is considered a lawful exercise of the board's authority to fill vacancies.
Alj Quote
Neither Bylaws Section 3.6 nor ARIZ. REV. STAT. §§ 33-1243(B) implicitly or explicitly prohibit what occurred.
Legal Basis
A.R.S. § 33-1243(B); Bylaws Section 3.6
Topic Tags
Board Vacancies
Term Limits
Board Appointments
Question
Does the HOA board have to choose a new person ('new blood') when filling a vacancy?
Short Answer
No, the board is not required to select a new person.
Detailed Answer
There is no legal requirement for a board to seek out new candidates or 'new blood' when filling a vacancy. The board may appoint a former or resigning director to a vacant seat as long as they meet the basic qualifications, such as being a unit owner.
Alj Quote
There is no presumption of 'new blood' as Petitioner argued. The sole requisite to fill the vacancy was that the choice be limited to unit owners, which Ms. Robley is.
Legal Basis
Bylaws Interpretation
Topic Tags
Board Qualifications
Vacancies
Question
Does the board have the authority to fill vacancies without holding a general membership election?
Short Answer
Yes, the board generally has the statutory authority to appoint members to fill vacancies.
Detailed Answer
Arizona statute allows the board of directors to fill vacancies in its membership for the remainder of an unexpired term without holding a full election, provided the bylaws align with this authority.
Alj Quote
The statute does note, however, that the board of directors may 'fill vacancies in its membership for the unexpired portion of any term.'
Legal Basis
A.R.S. § 33-1243(B)
Topic Tags
Elections
Board Authority
Question
Is a board decision illegal just because it is 'questionable' or unpopular?
Short Answer
No, a questionable choice is not necessarily unlawful.
Detailed Answer
The ALJ clarified that even if a board makes a decision that is questionable or if they could have made a different determination, the decision is not unlawful unless it specifically violates the statutes or governing documents.
Alj Quote
Just because the Association could have made any number of different determinations after Mr. Gallu resigned, does not mean that its questionable choice to appoint Ms. Robley to his seat was unlawful.
Legal Basis
Board Discretion
Topic Tags
Board Conduct
Decision Making
Question
What burden of proof does a homeowner have when challenging an HOA in a hearing?
Short Answer
The homeowner must prove the violation by a 'preponderance of the evidence.'
Detailed Answer
The petitioner (homeowner) is responsible for providing enough evidence to convince the judge that their claim is more likely true than not. If they fail to meet this standard, the petition will be denied.
Alj Quote
Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1243.
Legal Basis
A.A.C. R2-19-119
Topic Tags
Legal Standards
Hearings
Question
Does the Administrative Law Judge have the power to interpret the HOA's CC&Rs and Bylaws?
Short Answer
Yes, the OAH tribunal can interpret the contract between the parties.
Detailed Answer
The Office of Administrative Hearings (OAH) has the specific authority to hear contested cases and interpret the contract (the CC&Rs and Bylaws) that exists between the homeowner and the association.
Alj Quote
OAH has the authority to hear and decide the contested case at bar. OAH has the authority to interpret the contract between the parties.
Legal Basis
A.R.S. § 32-2199 et seq.
Topic Tags
Jurisdiction
Contract Interpretation
Question
If I pay for a single-issue petition, can the judge rule on other related issues?
Short Answer
No, the tribunal is limited to the specific issue paid for.
Detailed Answer
The tribunal's scope is limited to the specific issue(s) for which the filing fee was paid. They cannot adjudicate outside that scope even if related violations are alleged.
Alj Quote
Because Petitioner only paid for the adjudication of one (1) issue, this Tribunal may only determine whether Respondent committed a violation… based on the same event or series of alleged conduct.
Legal Basis
A.R.S. § 32-2199.05
Topic Tags
Procedure
Fees
Case
Docket No
22F-H2221021-REL
Case Title
Dean A Yelenik vs. Meridian Condominiums Homeowners Association
Decision Date
2022-02-18
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Questions
Question
Can a board member resign and immediately be appointed to a different vacancy to get a longer term?
Short Answer
Yes, unless the governing documents specifically prohibit it.
Detailed Answer
The ALJ ruled that a board member can resign their current seat and be appointed to a vacancy with a longer unexpired term. As long as the member is eligible (e.g., a unit owner) and the bylaws or statutes do not explicitly forbid this practice, it is considered a lawful exercise of the board's authority to fill vacancies.
Alj Quote
Neither Bylaws Section 3.6 nor ARIZ. REV. STAT. §§ 33-1243(B) implicitly or explicitly prohibit what occurred.
Legal Basis
A.R.S. § 33-1243(B); Bylaws Section 3.6
Topic Tags
Board Vacancies
Term Limits
Board Appointments
Question
Does the HOA board have to choose a new person ('new blood') when filling a vacancy?
Short Answer
No, the board is not required to select a new person.
Detailed Answer
There is no legal requirement for a board to seek out new candidates or 'new blood' when filling a vacancy. The board may appoint a former or resigning director to a vacant seat as long as they meet the basic qualifications, such as being a unit owner.
Alj Quote
There is no presumption of 'new blood' as Petitioner argued. The sole requisite to fill the vacancy was that the choice be limited to unit owners, which Ms. Robley is.
Legal Basis
Bylaws Interpretation
Topic Tags
Board Qualifications
Vacancies
Question
Does the board have the authority to fill vacancies without holding a general membership election?
Short Answer
Yes, the board generally has the statutory authority to appoint members to fill vacancies.
Detailed Answer
Arizona statute allows the board of directors to fill vacancies in its membership for the remainder of an unexpired term without holding a full election, provided the bylaws align with this authority.
Alj Quote
The statute does note, however, that the board of directors may 'fill vacancies in its membership for the unexpired portion of any term.'
Legal Basis
A.R.S. § 33-1243(B)
Topic Tags
Elections
Board Authority
Question
Is a board decision illegal just because it is 'questionable' or unpopular?
Short Answer
No, a questionable choice is not necessarily unlawful.
Detailed Answer
The ALJ clarified that even if a board makes a decision that is questionable or if they could have made a different determination, the decision is not unlawful unless it specifically violates the statutes or governing documents.
Alj Quote
Just because the Association could have made any number of different determinations after Mr. Gallu resigned, does not mean that its questionable choice to appoint Ms. Robley to his seat was unlawful.
Legal Basis
Board Discretion
Topic Tags
Board Conduct
Decision Making
Question
What burden of proof does a homeowner have when challenging an HOA in a hearing?
Short Answer
The homeowner must prove the violation by a 'preponderance of the evidence.'
Detailed Answer
The petitioner (homeowner) is responsible for providing enough evidence to convince the judge that their claim is more likely true than not. If they fail to meet this standard, the petition will be denied.
Alj Quote
Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1243.
Legal Basis
A.A.C. R2-19-119
Topic Tags
Legal Standards
Hearings
Question
Does the Administrative Law Judge have the power to interpret the HOA's CC&Rs and Bylaws?
Short Answer
Yes, the OAH tribunal can interpret the contract between the parties.
Detailed Answer
The Office of Administrative Hearings (OAH) has the specific authority to hear contested cases and interpret the contract (the CC&Rs and Bylaws) that exists between the homeowner and the association.
Alj Quote
OAH has the authority to hear and decide the contested case at bar. OAH has the authority to interpret the contract between the parties.
Legal Basis
A.R.S. § 32-2199 et seq.
Topic Tags
Jurisdiction
Contract Interpretation
Question
If I pay for a single-issue petition, can the judge rule on other related issues?
Short Answer
No, the tribunal is limited to the specific issue paid for.
Detailed Answer
The tribunal's scope is limited to the specific issue(s) for which the filing fee was paid. They cannot adjudicate outside that scope even if related violations are alleged.
Alj Quote
Because Petitioner only paid for the adjudication of one (1) issue, this Tribunal may only determine whether Respondent committed a violation… based on the same event or series of alleged conduct.
Legal Basis
A.R.S. § 32-2199.05
Topic Tags
Procedure
Fees
Case
Docket No
22F-H2221021-REL
Case Title
Dean A Yelenik vs. Meridian Condominiums Homeowners Association
Decision Date
2022-02-18
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Arthur Dean Yelenik(petitioner) Also goes by Dean Yelenik
Kristen Terry Beloo(homeowner/past board president) Part of petitioner's working group; Past president (6 years)
Kathleen Moles(homeowner/past board president) Part of petitioner's working group; Past president (3 years)
David Moles(homeowner) Part of petitioner's working group
Respondent Side
Eadie Rudder(respondent attorney)
Nick Eicher(respondent attorney) Carpenter, Hazlewood, Delgado & Bolen LLP
Margo McInnis(board president/witness) Meridian Condominiums Homeowners Association Testified for Respondent
Joan Robley(board member) Meridian Condominiums Homeowners Association Appointment subject of dispute
Annette(property manager) Century Management Referred to as Community Manager
Quinton Phillips(HOA attorney) Attorney for the Association
Neutral Parties
Jenna Clark(ALJ) OAH
Louis Dettorre(Commissioner) Arizona Department of Real Estate
Dan Gardner(HOA Coordinator) Arizona Department of Real Estate
Other Participants
Chris Gallu(former board member) Meridian Condominiums Homeowners Association Resignation created the contested vacancy; referred to as Mr. Beloo/Blue in transcript
Fran McGovern(board member) Meridian Condominiums Homeowners Association Elected to Robley's former seat in Jan 2021
The ALJ granted the Petitioner's petition, finding the Respondent HOA violated A.R.S. § 33-1805 by requiring the Petitioner to inspect records before providing copies and failing to comply with the 10-day statutory deadline. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee.
Key Issues & Findings
Failure to fulfill records request
Petitioner alleged the Association failed to fulfill his request for copies of records within the statutory 10-day period because the Association improperly required him to inspect the documents first. The ALJ found the Association violated A.R.S. § 33-1805, as the statute does not permit an HOA to mandate prior inspection before providing requested copies.
Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 in certified funds and ordered to henceforth comply with ARIZ. REV. STAT. § 33-1805.
State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
ARIZ. REV. STAT. §32-2199.02(B)
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2221010-REL Decision – 930949.pdf
Uploaded 2026-01-23T17:40:34 (139.0 KB)
Questions
Question
Can my HOA force me to inspect records in person before they will provide me with copies?
Short Answer
No. The HOA cannot require an in-person inspection as a prerequisite to providing copies.
Detailed Answer
The Administrative Law Judge ruled that Arizona statute allows homeowners to request copies directly. While the HOA can make records available for inspection, they cannot force a member to inspect them first if the member has requested copies. Doing so violates the statutory requirement to provide copies within ten business days.
Alj Quote
Nothing in ARIZ. REV. STAT. § 33-1805 can be read to permit an HOA to require members to first inspect records before it provides copies of records requested by members.
Legal Basis
A.R.S. § 33-1805
Topic Tags
records request
inspection
homeowner rights
Question
How many days does the HOA have to provide copies of records I requested?
Short Answer
The HOA must provide copies within 10 business days.
Detailed Answer
Under Arizona law, once a member requests to purchase copies of records, the association has a strict deadline of ten business days to fulfill that request.
Alj Quote
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
Legal Basis
A.R.S. § 33-1805
Topic Tags
deadlines
records request
HOA obligations
Question
What is the maximum amount the HOA can charge me for copies of records?
Short Answer
The HOA cannot charge more than 15 cents per page.
Detailed Answer
The statute limits the fee an association may charge for copying records to a maximum of fifteen cents per page.
Alj Quote
An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records request
costs
Question
Can the HOA charge me a fee just to look at or review records?
Short Answer
No. The HOA cannot charge for making materials available for review.
Detailed Answer
While the HOA can charge for copies, they are explicitly prohibited from charging a member for the act of making the material available for examination/review.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records review
homeowner rights
Question
If I win my hearing against the HOA, can I get my $500 filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse your filing fee.
Detailed Answer
In this case, because the homeowner prevailed in proving the violation, the Administrative Law Judge ordered the HOA to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Order
Topic Tags
reimbursement
penalties
legal costs
Question
Can I authorize someone else to look at the HOA records for me?
Short Answer
Yes, if you designate them in writing.
Detailed Answer
The statute allows records to be examined by the member or any person the member designates in writing as their representative.
Alj Quote
…all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
Legal Basis
A.R.S. § 33-1805
Topic Tags
representation
records request
homeowner rights
Question
What standard of proof do I need to meet to win a case against my HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The petitioner (homeowner) must prove that their contention is more probably true than not. It requires superior evidentiary weight, though not necessarily freedom from all doubt.
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
Legal Standard
Topic Tags
burden of proof
legal standards
hearing procedure
Question
Is it a valid excuse if the HOA says mailing the records to the wrong name/address was just a mistake?
Short Answer
No. If the HOA has the correct legal name and address on file, mailing to a nickname or wrong address does not satisfy the requirement to provide records on time.
Detailed Answer
The HOA attempted to shift blame to the homeowner for using a nickname in emails, but the judge noted the HOA had the official member list with the legal name. Failing to use the correct information resulted in a violation of the 10-day deadline.
Alj Quote
Respondent cannot be said to have provided Petitioner with copies of the records he requested within 10 days of his request.
Legal Basis
A.R.S. § 33-1805
Topic Tags
excuses
mailing
HOA obligations
Case
Docket No
22F-H2221010-REL
Case Title
Clifford Burnes vs. Saguaro Crest Homeowners Association, Inc.
Decision Date
2021-12-09
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Questions
Question
Can my HOA force me to inspect records in person before they will provide me with copies?
Short Answer
No. The HOA cannot require an in-person inspection as a prerequisite to providing copies.
Detailed Answer
The Administrative Law Judge ruled that Arizona statute allows homeowners to request copies directly. While the HOA can make records available for inspection, they cannot force a member to inspect them first if the member has requested copies. Doing so violates the statutory requirement to provide copies within ten business days.
Alj Quote
Nothing in ARIZ. REV. STAT. § 33-1805 can be read to permit an HOA to require members to first inspect records before it provides copies of records requested by members.
Legal Basis
A.R.S. § 33-1805
Topic Tags
records request
inspection
homeowner rights
Question
How many days does the HOA have to provide copies of records I requested?
Short Answer
The HOA must provide copies within 10 business days.
Detailed Answer
Under Arizona law, once a member requests to purchase copies of records, the association has a strict deadline of ten business days to fulfill that request.
Alj Quote
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
Legal Basis
A.R.S. § 33-1805
Topic Tags
deadlines
records request
HOA obligations
Question
What is the maximum amount the HOA can charge me for copies of records?
Short Answer
The HOA cannot charge more than 15 cents per page.
Detailed Answer
The statute limits the fee an association may charge for copying records to a maximum of fifteen cents per page.
Alj Quote
An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records request
costs
Question
Can the HOA charge me a fee just to look at or review records?
Short Answer
No. The HOA cannot charge for making materials available for review.
Detailed Answer
While the HOA can charge for copies, they are explicitly prohibited from charging a member for the act of making the material available for examination/review.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records review
homeowner rights
Question
If I win my hearing against the HOA, can I get my $500 filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse your filing fee.
Detailed Answer
In this case, because the homeowner prevailed in proving the violation, the Administrative Law Judge ordered the HOA to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Order
Topic Tags
reimbursement
penalties
legal costs
Question
Can I authorize someone else to look at the HOA records for me?
Short Answer
Yes, if you designate them in writing.
Detailed Answer
The statute allows records to be examined by the member or any person the member designates in writing as their representative.
Alj Quote
…all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
Legal Basis
A.R.S. § 33-1805
Topic Tags
representation
records request
homeowner rights
Question
What standard of proof do I need to meet to win a case against my HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The petitioner (homeowner) must prove that their contention is more probably true than not. It requires superior evidentiary weight, though not necessarily freedom from all doubt.
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
Legal Standard
Topic Tags
burden of proof
legal standards
hearing procedure
Question
Is it a valid excuse if the HOA says mailing the records to the wrong name/address was just a mistake?
Short Answer
No. If the HOA has the correct legal name and address on file, mailing to a nickname or wrong address does not satisfy the requirement to provide records on time.
Detailed Answer
The HOA attempted to shift blame to the homeowner for using a nickname in emails, but the judge noted the HOA had the official member list with the legal name. Failing to use the correct information resulted in a violation of the 10-day deadline.
Alj Quote
Respondent cannot be said to have provided Petitioner with copies of the records he requested within 10 days of his request.
Legal Basis
A.R.S. § 33-1805
Topic Tags
excuses
mailing
HOA obligations
Case
Docket No
22F-H2221010-REL
Case Title
Clifford Burnes vs. Saguaro Crest Homeowners Association, Inc.
Decision Date
2021-12-09
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Clifford Burnes(petitioner) Appeared on his own behalf; also identified as Clifford (Norm) Burnes or Norm Burnes,,,.
Respondent Side
John T. Crotty(respondent attorney) Farley, Choate & Wood Represented Saguaro Crest Homeowners Association,,.
Neutral Parties
Jenna Clark(ALJ) Listed as Administrative Law Judge.
Tammy L. Eigenheer(ALJ) Signed the Administrative Law Judge Decision.
Louis Dettorre(Commissioner) Arizona Department of Real Estate Recipient of transmission of the Decision.
AHansen(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
djones(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
DGardner(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
vnunez(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
Other Participants
Joseph Martinez(unknown) Petitioner verbally notified him regarding the undelivered certified mail package.
Bylaws Article 4 Section 2, and Article 8 Sections 2 and 3
Outcome Summary
Petitioner's petition was granted in part and denied in part. The ALJ found the Respondent Association violated its Bylaws regarding the election and terms of Board members. Respondent was ordered to comply with the relevant Bylaw sections and reimburse $375.00 of the filing fee. Petitioner's prayer to remove the current Board from office was denied.
Why this result: Petitioner’s prayer to remove the Association’s current Board from office was denied.
Key Issues & Findings
Unlawful transfer of Board positions and Association bank account
Petitioner alleged the Association violated Bylaws when the former President/Treasurer unlawfully transferred his Board positions and the bank account to new individuals without proper election procedures. The ALJ found the Association was in violation of Bylaws requiring a minimum of five directors and regular annual elections for those positions.
Orders: Respondent must henceforth comply with Bylaws Article 4 Section 2, and Article 8 Sections 2 and 3, and reimburse $375.00 of the filing fee.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
Cited:
Bylaws Article 4 Section 2
Bylaws Article 8 Section 2
Bylaws Article 8 Section 3
Analytics Highlights
Topics: HOA Board Election, Bylaws Violation, Director Appointment, Filing Fee Reimbursement
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.
Tierra Ranchos Homeowners Ass'n v. Kitchukov
ARIZ. REV. STAT. §32-2199.02(B)
ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2221006-REL Decision – 927006.pdf
Uploaded 2026-01-23T17:40:02 (152.9 KB)
Study Guide – 22F-H2221006-REL
{ “case”: { “docket_no”: “22F-H2221006-REL”, “case_title”: “Raymond M Uyleman vs. Casita Royale Townhomes Association”, “decision_date”: “2021-11-22”, “alj_name”: “Jenna Clark”, “tribunal”: “Office of Administrative Hearings”, “agency”: “Arizona Department of Real Estate” }, “questions”: [ { “question”: “Can a Board member unilaterally appoint their own successor and transfer HOA assets without an election?”, “short_answer”: “No. Board positions must be filled through elections or selection by remaining Board members as outlined in the Bylaws, not by the departing member alone.”, “detailed_answer”: “A Board member cannot simply ‘bestow’ their position or the HOA’s bank account to a successor upon selling their home. The Bylaws generally require directors to be elected by members at annual meetings. Even in the event of a resignation, the successor usually must be selected by the remaining members of the Board, not the outgoing individual.”, “alj_quote”: “Therefore, it cannot be concluded that the Board positions Mr. Knutson bestowed on Ms. Terry and Ms. Ogle were done in accordance with the community’s governing documents.”, “legal_basis”: “Bylaws Article 4 Sections 2 and 3; Article 8 Sections 2 and 3”, “topic_tags”: [ “Board Elections”, “Transfer of Power”, “Bylaws Compliance” ] }, { “question”: “Is it a violation if the HOA fails to maintain the minimum number of directors required by the Bylaws?”, “short_answer”: “Yes. If the Bylaws stipulate a minimum number of directors (e.g., five), the HOA must maintain that number through regular elections.”, “detailed_answer”: “The ALJ found that allowing a single individual to hold all Board positions violated the Bylaws, which explicitly required a Board of not less than five directors. The Association is obligated to hold annual meetings to elect the requisite number of members.”, “alj_quote”: “The Association’s Bylaws clearly indicate that there must be no less than five (5) Board members, and that elections for those positions must be held at annual meetings every 1-3 years.”, “legal_basis”: “Bylaws Article 4 Section 1”, “topic_tags”: [ “Board Composition”, “Bylaws Compliance”, “Governance” ] }, { “question”: “Can I prevent someone with a criminal record from serving on the HOA Board?”, “short_answer”: “Generally, no, unless the specific governing documents require background checks or prohibit those with criminal records from serving.”, “detailed_answer”: “The ALJ dismissed the homeowner’s complaint regarding the Board members’ criminal backgrounds (felonies) as a ‘red herring.’ Since the petitioner could not provide evidence that the governing documents required background checks for Board candidates, the argument was not grounds for a violation.”, “alj_quote”: “As are Ms. Terry’s and Ms. Ogle’s criminal backgrounds, as no evidence in the record supports Petitioner’s contention that they should have been subjected to background checks.”, “legal_basis”: “Evidentiary Standard / Governing Documents”, “topic_tags”: [ “Board Eligibility”, “Criminal Background”, “Discrimination” ] }, { “question”: “What is the standard of proof for a homeowner suing their HOA in an administrative hearing?”, “short_answer”: “The homeowner (Petitioner) must prove their claims by a ‘preponderance of the evidence.'”, “detailed_answer”: “The burden lies with the person bringing the complaint to show that their claims are more likely true than not. This does not require removing all doubt, but the evidence must have ‘superior evidentiary weight’ to incline an impartial mind to one side.”, “alj_quote”: “Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated Article 4 sections 2 and 3, and Article 8 sections 2 and 3 of the Association’s Bylaws.”, “legal_basis”: “Arizona Law of Evidence”, “topic_tags”: [ “Legal Procedure”, “Burden of Proof”, “Hearing Process” ] }, { “question”: “Does the ADRE have jurisdiction to hear disputes about violations of CC&Rs and Bylaws?”, “short_answer”: “Yes. The Department has the authority to hear disputes between owners and associations regarding violations of community documents.”, “detailed_answer”: “The ALJ confirmed that the dispute was within the Department’s jurisdiction, citing statutes that allow owners to petition for hearings concerning violations of community documents (like CC&Rs and Bylaws) or statutes regulating planned 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 as long as the petitioner has filed a petition with the department and paid a filing fee…”, “legal_basis”: “A.R.S. § 32-2199 et seq.”, “topic_tags”: [ “Jurisdiction”, “ADRE Authority”, “Dispute Resolution” ] }, { “question”: “If I win my case against the HOA, can I get my filing fee back?”, “short_answer”: “Yes, the ALJ has the discretion to order the HOA to reimburse the filing fee, often proportional to the success of the petition.”, “detailed_answer”: “In this case, because the petitioner’s petition was ‘granted in part,’ the ALJ ordered the HOA to reimburse 3/4 of the 500filingfee(375).”, “alj_quote”: “IT IS FURTHER ORDERED that Respondent reimburse ¾ of Petitioner’s filing fee (e.g. $375.00) in certified funds.”, “legal_basis”: “Administrative Order”, “topic_tags”: [ “Remedies”, “Fees”, “Financial Reimbursement” ] }, { “question”: “Will the ALJ automatically remove Board members from office if they find a violation in how they were appointed?”, “short_answer”: “Not necessarily. The ALJ may find a violation and order future compliance without granting a request to immediately remove the current Board.”, “detailed_answer”: “Although the ALJ found the Board members were not appointed in accordance with the Bylaws, the specific request to remove them from office was denied. The order focused on ensuring the HOA complies with Bylaws moving forward (presumably by holding the required elections).”, “alj_quote”: “IT IS FURTHER ORDERED that Petitioner’s prayer to remove the Association’s current Board from office is denied.”, “legal_basis”: “Administrative Remedy”, “topic_tags”: [ “Remedies”, “Board Removal”, “Enforcement” ] } ] }
Blog Post – 22F-H2221006-REL
{ “case”: { “docket_no”: “22F-H2221006-REL”, “case_title”: “Raymond M Uyleman vs. Casita Royale Townhomes Association”, “decision_date”: “2021-11-22”, “alj_name”: “Jenna Clark”, “tribunal”: “Office of Administrative Hearings”, “agency”: “Arizona Department of Real Estate” }, “questions”: [ { “question”: “Can a Board member unilaterally appoint their own successor and transfer HOA assets without an election?”, “short_answer”: “No. Board positions must be filled through elections or selection by remaining Board members as outlined in the Bylaws, not by the departing member alone.”, “detailed_answer”: “A Board member cannot simply ‘bestow’ their position or the HOA’s bank account to a successor upon selling their home. The Bylaws generally require directors to be elected by members at annual meetings. Even in the event of a resignation, the successor usually must be selected by the remaining members of the Board, not the outgoing individual.”, “alj_quote”: “Therefore, it cannot be concluded that the Board positions Mr. Knutson bestowed on Ms. Terry and Ms. Ogle were done in accordance with the community’s governing documents.”, “legal_basis”: “Bylaws Article 4 Sections 2 and 3; Article 8 Sections 2 and 3”, “topic_tags”: [ “Board Elections”, “Transfer of Power”, “Bylaws Compliance” ] }, { “question”: “Is it a violation if the HOA fails to maintain the minimum number of directors required by the Bylaws?”, “short_answer”: “Yes. If the Bylaws stipulate a minimum number of directors (e.g., five), the HOA must maintain that number through regular elections.”, “detailed_answer”: “The ALJ found that allowing a single individual to hold all Board positions violated the Bylaws, which explicitly required a Board of not less than five directors. The Association is obligated to hold annual meetings to elect the requisite number of members.”, “alj_quote”: “The Association’s Bylaws clearly indicate that there must be no less than five (5) Board members, and that elections for those positions must be held at annual meetings every 1-3 years.”, “legal_basis”: “Bylaws Article 4 Section 1”, “topic_tags”: [ “Board Composition”, “Bylaws Compliance”, “Governance” ] }, { “question”: “Can I prevent someone with a criminal record from serving on the HOA Board?”, “short_answer”: “Generally, no, unless the specific governing documents require background checks or prohibit those with criminal records from serving.”, “detailed_answer”: “The ALJ dismissed the homeowner’s complaint regarding the Board members’ criminal backgrounds (felonies) as a ‘red herring.’ Since the petitioner could not provide evidence that the governing documents required background checks for Board candidates, the argument was not grounds for a violation.”, “alj_quote”: “As are Ms. Terry’s and Ms. Ogle’s criminal backgrounds, as no evidence in the record supports Petitioner’s contention that they should have been subjected to background checks.”, “legal_basis”: “Evidentiary Standard / Governing Documents”, “topic_tags”: [ “Board Eligibility”, “Criminal Background”, “Discrimination” ] }, { “question”: “What is the standard of proof for a homeowner suing their HOA in an administrative hearing?”, “short_answer”: “The homeowner (Petitioner) must prove their claims by a ‘preponderance of the evidence.'”, “detailed_answer”: “The burden lies with the person bringing the complaint to show that their claims are more likely true than not. This does not require removing all doubt, but the evidence must have ‘superior evidentiary weight’ to incline an impartial mind to one side.”, “alj_quote”: “Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated Article 4 sections 2 and 3, and Article 8 sections 2 and 3 of the Association’s Bylaws.”, “legal_basis”: “Arizona Law of Evidence”, “topic_tags”: [ “Legal Procedure”, “Burden of Proof”, “Hearing Process” ] }, { “question”: “Does the ADRE have jurisdiction to hear disputes about violations of CC&Rs and Bylaws?”, “short_answer”: “Yes. The Department has the authority to hear disputes between owners and associations regarding violations of community documents.”, “detailed_answer”: “The ALJ confirmed that the dispute was within the Department’s jurisdiction, citing statutes that allow owners to petition for hearings concerning violations of community documents (like CC&Rs and Bylaws) or statutes regulating planned 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 as long as the petitioner has filed a petition with the department and paid a filing fee…”, “legal_basis”: “A.R.S. § 32-2199 et seq.”, “topic_tags”: [ “Jurisdiction”, “ADRE Authority”, “Dispute Resolution” ] }, { “question”: “If I win my case against the HOA, can I get my filing fee back?”, “short_answer”: “Yes, the ALJ has the discretion to order the HOA to reimburse the filing fee, often proportional to the success of the petition.”, “detailed_answer”: “In this case, because the petitioner’s petition was ‘granted in part,’ the ALJ ordered the HOA to reimburse 3/4 of the 500filingfee(375).”, “alj_quote”: “IT IS FURTHER ORDERED that Respondent reimburse ¾ of Petitioner’s filing fee (e.g. $375.00) in certified funds.”, “legal_basis”: “Administrative Order”, “topic_tags”: [ “Remedies”, “Fees”, “Financial Reimbursement” ] }, { “question”: “Will the ALJ automatically remove Board members from office if they find a violation in how they were appointed?”, “short_answer”: “Not necessarily. The ALJ may find a violation and order future compliance without granting a request to immediately remove the current Board.”, “detailed_answer”: “Although the ALJ found the Board members were not appointed in accordance with the Bylaws, the specific request to remove them from office was denied. The order focused on ensuring the HOA complies with Bylaws moving forward (presumably by holding the required elections).”, “alj_quote”: “IT IS FURTHER ORDERED that Petitioner’s prayer to remove the Association’s current Board from office is denied.”, “legal_basis”: “Administrative Remedy”, “topic_tags”: [ “Remedies”, “Board Removal”, “Enforcement” ] } ] }
Case Participants
Petitioner Side
Raymond M Uyleman(petitioner) Appeared on his own behalf
Respondent Side
Natalie Terry(respondent representative/HOA president) Casita Royale Townhomes Association Appeared on behalf of Respondent; current HOA President
Carmel Ogle(witness/HOA secretary) Casita Royale Townhomes Association Witness for Respondent; current HOA Secretary
Neutral Parties
Jenna Clark(ALJ) OAH
Louis Dettorre(commissioner) Arizona Department of Real Estate
Other Participants
Gary Knutson(former board member) Casita Royale Townhomes Association Former President/Treasurer who transferred positions leading to dispute
John Paquin(former board member) Casita Royale Townhomes Association Former Vice President (resigned 2014)
Carol Paquin(former board member) Casita Royale Townhomes Association Former Secretary (passed away 2011)
