Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.
Case Summary
Case ID
19F-H1918019-REL-RHG
Agency
ADRE
Tribunal
OAH
Decision Date
2019-04-22
Administrative Law Judge
Velva Moses-Thompson
Outcome
loss
Filing Fees Refunded
$0.00
Civil Penalties
$0.00
Parties & Counsel
Petitioner
William P. Lee
Counsel
—
Respondent
Greenlaw Townhouses Unit Two
Counsel
Timothy D. Butterfield, Esq.
Alleged Violations
A.R.S. §§ 33-1803 and 1809; CC&Rs Amendments 1, 2, and 3; Greenlaw Rules and Regulations
Outcome Summary
The Administrative Law Judge denied the petition, finding that the Petitioner failed to establish by a preponderance of the evidence that the HOA violated the cited governing documents (CC&Rs/Rules) or state statutes (A.R.S. §§ 33-1803 and 1809) by banning street parking and contracting for vehicle booting/towing.
Why this result: Petitioner failed to meet the burden of proof regarding violations of CC&Rs Amendments 1, 2, and 3, the Rules and Regulations, and A.R.S. §§ 33-1803 and 1809. The ALJ found the July 2018 revised Rules, which banned parking, were controlling.
Key Issues & Findings
Violation regarding banning parking and use of towing/booting company.
Petitioner alleged the HOA improperly banned street parking and contracted with a towing/booting company, arguing this violated specific CC&R amendments, the Rules and Regulations, and A.R.S. §§ 33-1803 and 1809. He also claimed the 2018 revised Rules were invalid due to improper electronic notice instead of personal delivery or mail.
Briefing Document: Lee v. Greenlaw Townhouses HOA Parking Dispute
Executive Summary
This document synthesizes the findings from two administrative law judge decisions concerning a dispute between homeowner William P. Lee and the Greenlaw Townhouses Unit Two Homeowners Association (“Greenlaw”). The core of the dispute was Greenlaw’s 2018 implementation of a complete ban on street parking within the community and its subsequent contract with a towing company to “boot” vehicles in violation.
Mr. Lee’s petition, filed on September 12, 2018, alleged that this parking ban violated specific amendments to the association’s Covenants, Conditions, and Restrictions (CC&Rs) and was enacted through an invalid revision of the community’s Rules and Regulations.
Following an initial hearing on December 13, 2018, and a subsequent rehearing on April 1, 2019, the Administrative Law Judge (ALJ) conclusively denied Mr. Lee’s petition. The final decision, issued on April 22, 2019, determined that Mr. Lee failed to meet his burden of proof. The ALJ found that the May 2018 revised Rules and Regulations, which explicitly ban all street parking, were the controlling authority. Furthermore, the decision established that these rules do not conflict with the CC&R amendments, as the amendments only prohibit parking in specific, limited scenarios (e.g., fire lanes, snow removal) and do not grant a general right to park on association streets.
Case Overview
Case Name
William P. Lee v. Greenlaw Townhouses Unit Two Homeowners Association
Case Number
19F-H1918019-REL
Jurisdiction
Arizona Office of Administrative Hearings (referred by the Department of Real Estate)
Adjudicator
Administrative Law Judge Velva Moses-Thompson
Petitioner
William P. Lee
Respondent
Greenlaw Townhouses Unit Two Homeowners Association (“Greenlaw”)
Key Dates
– Petition Filed: September 12, 2018 – Initial Hearing: December 13, 2018 – Rehearing: April 1, 2019 – Final Decision: April 22, 2019
Core Allegation
The central issue, as defined in the Notice of Hearing, was Mr. Lee’s single-issue petition alleging that Greenlaw “violated Community Document CC&Rs amendments 1, 2, & 3 and Association Rules and Regulations… when it banned all parking on the association streets and contracted with a towing service to boot vehicles.”
Analysis of Governing Documents
The case revolved around the interpretation of and interplay between Greenlaw’s CC&Rs, its Rules and Regulations, and its Bylaws.
Covenants, Conditions, and Restrictions (CC&Rs)
• Association Authority: Section (I)(b) of the CC&Rs grants Greenlaw ownership of the common areas, which include the streets in question (Eva, Heidi, and Jeffrey Loops). It specifies that the “maintenance and use shall be controlled by the Association.”
• Parking Amendments: Amendments 1, 2, and 3 were central to Mr. Lee’s argument. These amendments add specific parking prohibitions to the CC&Rs under Article II, PERMITTED USES.
Amendment
Provision
Amendment #1
Prohibits parking in designated fire lanes, which are to be marked with signs and red-painted curbs after consultation with the Flagstaff Fire Marshal.
Amendment #2
Prohibits residents or visitors from parking on association roads during periods of snow removal. Violators may be towed at the vehicle owner’s expense.
Amendment #3
Prohibits parking vehicles at the curb side in an obvious state of disrepair for more than 72 hours. Such vehicles are considered abandoned and may be towed.
Rules and Regulations
• 2003 Revised Rules and Regulations: Mr. Lee contended that this was the controlling document and that it allowed for parking on association streets. He argued that Greenlaw’s booting of vehicles in 2017 was a violation of these rules.
• May 2018 Revised Rules and Regulations: Greenlaw asserted that this was the new, controlling document, effective July 2018. Section 8 of these rules institutes a complete ban on street parking:
Association Bylaws (1986)
• Notice Requirement: Mr. Lee cited Article V, Section 1 of the Bylaws, which states that notices to lot owners “shall be in writing and delivered personally or mailed to the directors or lot owners at their addresses appearing on the books of the corporation.” This formed the basis of his argument that the email distribution of the 2018 rules was improper.
Key Arguments Presented
Petitioner (William P. Lee)
• Violation of CC&Rs: The general parking ban enacted in the 2018 Rules contradicted the CC&R amendments, which only banned parking in specific situations.
• Invalidity of 2018 Rules: The May 2018 Rules and Regulations were invalid because Greenlaw failed to provide proper notice of the revision as required by the 1986 Bylaws, instead sending an email which he contended was insufficient and unclear.
• Controlling Document: The 2003 Rules, which he claimed permitted street parking, should be considered the controlling authority.
• Improper Motivation: The parking ban was enacted solely to appease a board member, Barbara, who did not want cars parked behind her property.
• Evidence of Enforcement: Mr. Lee testified that he observed a jeep being booted and that the Greenlaw manager’s response to his inquiry confirmed the association’s policy.
Respondent (Greenlaw HOA)
• Authority Over Common Areas: The CC&Rs grant Greenlaw the authority to control the use of association streets.
• Validity of 2018 Rules: The May 2018 Rules and Regulations were properly adopted and represent the current, controlling regulations.
• No Conflict with CC&Rs: The CC&R amendments do not authorize parking; they are a list of specific prohibitions. A general ban on parking does not conflict with these specific restrictions.
• Notice Sufficiency: Greenlaw argued that the Bylaw’s requirement for personal or postal mail delivery only applies to notices mandated by statute or the CC&Rs, not to amendments to the Rules and Regulations. Mr. Lee did, in fact, receive the revised rules via email on July 6, 2018.
• Cure of Prior Violations: Any alleged violation of the prior (2003) rules was rendered moot and “cured” by the valid enactment of the May 2018 revised rules.
Administrative Law Judge’s Rulings and Rationale
The ALJ’s decisions in both the initial hearing and the rehearing were consistent, leading to the denial of Mr. Lee’s petition.
• Burden of Proof: The ALJ established that Mr. Lee, as the petitioner, bore the burden of proving his claims by a “preponderance of the evidence.” In both decisions, the ALJ concluded that Mr. Lee failed to meet this standard. A preponderance of the evidence is defined as “such proof as convinces the trier of fact that the contention is more probably true than not.”
• Controlling Authority: The “weight of the evidence presented at hearing” showed that the May 2018 revised Rules and Regulations were the controlling rules at the time the petition was filed. Mr. Lee failed to establish that the 2003 Rules were still in effect.
• Interpretation of CC&Rs: The ALJ found the restrictive covenants in Amendments 1, 2, and 3 to be unambiguous. The ruling states, “Amendments 1, 2, and 3 of the Greenlaw CC&Rs do not allow parking on the streets, but rather, provide specific scenarios in which parking on the streets is banned.” Therefore, Greenlaw’s decision to ban all street parking did not violate these amendments.
• Lack of Evidence for Harm: The ALJ noted that Mr. Lee “did not even allege that Greenlaw booted or towed one of his vehicles.” Furthermore, regarding the booted jeep he observed, “there was no evidence provided that the Greenlaw manager stated that Greenlaw was responsible for booting the jeep. Moreover, Mr. Lee did not know who owned the jeep, nor who was responsible for booting the jeep.”
Final Disposition
Petition Denied: The final order, issued April 22, 2019, following the rehearing, states: “IT IS ORDERED that Petitioners’ petition is denied.”
The decision concluded that Mr. Lee failed to establish by a preponderance of the evidence that Greenlaw violated its CC&Rs or its Rules and Regulations when it banned parking and contracted with a towing company. This order is final and binding on the parties, with any further appeal requiring judicial review in superior court.
Study Guide – 19F-H1918019-REL-RHG
Study Guide: Lee v. Greenlaw Townhouses Unit Two HOA
This study guide provides a review of the administrative legal case between Petitioner William P. Lee and Respondent Greenlaw Townhouses Unit Two Homeowners Association, as detailed in the Administrative Law Judge Decisions No. 19F-H1918019-REL and No. 19F-H1918019-REL-RHG.
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Short-Answer Quiz
Instructions: Answer the following questions in 2-3 sentences based on the information provided in the case documents.
1. Who were the primary parties in this case, and what was the central dispute?
2. What was Petitioner William P. Lee’s main argument regarding the association’s Covenants, Conditions, and Restrictions (CC&Rs)?
3. On what grounds did the Greenlaw HOA claim it had the authority to ban all parking on its streets?
4. What three specific parking prohibitions were explicitly listed in Amendments 1, 2, and 3 of the Greenlaw CC&Rs?
5. What was the significance of the May 2018 revised Rules and Regulations in the judge’s final decisions?
6. How did Mr. Lee challenge the validity of the revised 2018 Rules and Regulations during the rehearing?
7. What legal standard of proof was required for Mr. Lee’s petition to succeed, and did the judge find that he met it?
8. According to the case findings, what evidence did Mr. Lee present to prove that Greenlaw was responsible for booting or towing member vehicles?
9. What was Greenlaw’s defense against the claim that it failed to provide proper notice of the new rules?
10. What was the final outcome of both the initial hearing on December 13, 2018, and the rehearing on April 1, 2019?
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Answer Key
1. The primary parties were Petitioner William P. Lee, a townhouse owner, and Respondent Greenlaw Townhouses Unit Two Homeowners Association. The central dispute was Mr. Lee’s allegation that Greenlaw’s ban on all street parking and its contract with a towing company to “boot” vehicles violated the community’s governing documents.
2. Mr. Lee argued that because CC&R Amendments 1, 2, and 3 only banned parking in specific scenarios (fire lanes, snow removal, abandoned vehicles), they implicitly permitted parking at all other times. He contended that a total ban therefore violated these amendments.
3. The Greenlaw HOA argued that Section (I)(b) of its CC&Rs grants it control over the maintenance and use of common areas, which include the association’s streets. They contended this authority was sufficient to ban parking and contract with a towing company.
4. The three amendments prohibited parking in designated fire lanes, on subdivision roads during periods of snow removal, and for vehicles parked at curbside in an obvious state of disrepair for more than 72 hours.
5. The May 2018 revised Rules and Regulations explicitly banned parking on any association street at any time. The judge found these to be the controlling rules, superseding any previous versions, and that they “cured” any purported violations that may have occurred under older rules.
6. During the rehearing, Mr. Lee argued that the 2018 rules were invalid because Greenlaw failed to provide proper notice. He contended that the association’s Bylaws required notice to be delivered personally or by postal mail, not by email as was done on July 6, 2018.
7. Mr. Lee was required to prove his case by a “preponderance of the evidence.” The Administrative Law Judge concluded in both decisions that Mr. Lee failed to meet this burden of proof.
8. Mr. Lee testified that he observed a jeep that had been booted but provided no evidence that Greenlaw was responsible for booting it or any other vehicles belonging to members. The judge found that he did not establish that Greenlaw had booted or towed any vehicles.
9. Greenlaw argued that the Bylaw’s requirement for notice by mail or personal delivery only applied to notices required by statute or the CC&Rs. The association contended it was not required by law or its CC&Rs to provide notice of an amendment to its Rules and Regulations in that specific manner.
10. The final outcome of both hearings was a denial of Mr. Lee’s petition. The Administrative Law Judge ordered in both the December 31, 2018 decision and the April 22, 2019 decision that the petition be denied because Mr. Lee failed to prove Greenlaw violated its CC&Rs or Rules and Regulations.
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Essay Questions
Instructions: Consider the following questions for a deeper analysis of the case. Develop an essay-format response for each, drawing evidence and examples from the case documents.
1. Analyze the legal reasoning of the Administrative Law Judge in determining that the CC&R amendments did not grant an affirmative right to park. How did the judge’s interpretation of “restrictive covenants” shape the outcome?
2. Discuss the concept of “burden of proof” as it applied to William P. Lee’s petition. Using specific examples from the hearings, explain why the judge concluded he failed to meet the “preponderance of the evidence” standard.
3. Trace the evolution of Mr. Lee’s arguments from the initial petition to the rehearing. How did his focus shift, particularly regarding the notification method for the revised Rules and Regulations, and what impact did this shift have on the proceedings?
4. Examine the conflicting interpretations of Greenlaw’s Bylaws regarding the proper method for notifying homeowners of changes. Evaluate the arguments made by both Mr. Lee and Greenlaw on this point and discuss which interpretation the judge implicitly supported.
5. The judge in the initial hearing noted that Greenlaw “has in effect cured any purported previous violation through the enactment of the May 2018 Revised Rules and Regulations.” Discuss the legal implications of this finding for homeowners’ associations and their ability to amend rules to address ongoing disputes.
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Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
An independent judge who presides over administrative hearings at government agencies. In this case, Velva Moses-Thompson of the Office of Administrative Hearings.
Answer (Legal)
A formal written response filed by the respondent to a petition, addressing the allegations made.
Bylaws
The formal rules governing the internal management of an organization, such as a homeowners’ association. Greenlaw’s Bylaws were recorded on June 16, 1986.
CC&Rs (Covenants, Conditions, and Restrictions)
A set of rules established by a developer or homeowners’ association that govern a planned community. All owners are legally bound by these rules.
Common Area
Property within a planned community that is owned by the homeowners’ association for the benefit and use of all lot owners. In this case, the streets (Eva, Heidi, and Jeffrey Loops) are considered common areas.
Department
Refers to the Arizona Department of Real Estate, the state agency authorized to receive and decide on petitions from HOA members.
Evidentiary Hearing
A formal proceeding where parties present evidence (such as testimony and exhibits) before a judge to resolve a factual dispute.
Homeowners’ Association (HOA)
An organization in a subdivision, planned community, or condominium development that makes and enforces rules for the properties and their residents.
Office of Administrative Hearings (OAH)
An independent state agency in Arizona where administrative law judges conduct evidentiary hearings for other state agencies.
Petitioner
The party who files a petition initiating a legal action. In this case, William P. Lee.
Petition
A formal written request to a court or administrative body, asking for a specific action or decision on a matter.
Preponderance of the Evidence
The standard of proof in most civil cases, meaning the evidence must show that a claim is more likely to be true than not true. This was the burden of proof placed on Mr. Lee.
Rehearing
A second hearing of a case to allow for reconsideration of the initial decision, often based on new evidence or arguments.
Respondent
The party against whom a petition is filed. In this case, Greenlaw Townhouses Unit Two Homeowners Association.
Restrictive Covenant
A provision in a deed or community document that limits the use of the property. The principle is that such covenants are enforced to give effect to the intent of the parties.
Rules and Regulations
A set of operational rules created by an HOA’s board that provide specific details on how to follow the broader principles outlined in the CC&Rs and Bylaws.
Blog Post – 19F-H1918019-REL-RHG
5 Surprising Truths About HOA Power: Lessons from a Homeowner’s Losing Battle Over Parking
For many homeowners, the relationship with their Homeowners Association (HOA) is a delicate balance, and nowhere is this more apparent than with parking rules. A single violation notice can escalate into a years-long conflict. But what happens when a homeowner, convinced the HOA has overstepped its authority, decides to fight back?
William P. Lee believed his HOA’s governing documents were his shield. The court, however, ruled they were a blank check for the board’s authority. Mr. Lee took his HOA to court over a newly enacted, total ban on street parking, contending the rule was not only unreasonable but enacted merely to appease a board member who didn’t want cars parked behind her property. He lost his case, requested a rehearing, and lost again. His determined but ultimately failed battle provides a masterclass in the surprising and often counter-intuitive extent of an HOA’s power, revealing five critical lessons for every homeowner.
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1. What Isn’t Forbidden Can Still Be Banned
Mr. Lee’s primary argument was rooted in the community’s founding documents, the Covenants, Conditions, and Restrictions (CC&Rs). He pointed out that the CC&Rs only prohibited parking in a few specific situations: in designated fire lanes, during snow removal, or for vehicles that were obviously abandoned. By his logic, if parking wasn’t explicitly forbidden at other times, it must be allowed.
The judge’s decision, however, hinged on a critical legal distinction. The ruling concluded that the CC&Rs did not grant an affirmative right to park on the streets; they only listed a few specific prohibitions. This legal gray area gave the HOA Board the authority to create new, more restrictive rules to fill in the gaps.
The Takeaway: This case is a stark warning about “permissive silence.” Homeowners should treat their CC&Rs not as a list of guaranteed rights, but as a minimum set of restrictions. The absence of a specific prohibition does not guarantee a right, and a future board can—and likely will—build upon those foundational rules to enact stricter policies.
2. The Board Can Retroactively ‘Cure’ Its Own Violations
Part of Mr. Lee’s case was that the HOA had been improperly booting vehicles back in 2017, under the old, more permissive rules. He argued that these past actions were a violation, regardless of any later changes.
The judge found that the HOA’s new rule effectively neutralized this argument. The decision explicitly states that even if the association had acted improperly in the past, “Greenlaw has in effect cured any purported previous violation through the enactment of the May 2018 Revised Rules and Regulations.”
The Takeaway: This finding sets a sobering precedent, revealing an HOA’s power to “move the goalposts” retroactively. By codifying its desired policy into a new rule, a board can effectively legitimize its past actions. This makes it incredibly difficult for homeowners to win disputes over actions that, while questionable at the time, are now sanctioned by current regulations.
3. The “Fine Print” Is Now a PDF Attachment
Mr. Lee also argued that the rule change itself was invalid because he was never properly notified. He cited the association’s 1986 Bylaws, which required official notices to be delivered personally or by postal mail.
The court rejected this argument. The HOA successfully contended—and the judge agreed—that the old bylaw for mail delivery was narrow in scope. It only applied to notices that were required to be sent to homeowners under statute or the CC&Rs, and there was no such underlying requirement for a simple rule change. Therefore, the court found that an email sent in early July 2018 with a PDF attachment titled “Greenlaw II Townhomes Rules and Regulations – May 2018.pdf” constituted sufficient legal notice.
The Takeaway: This ruling underscores the shifting legal definition of “notice” in the digital age. It creates a vulnerability for less tech-savvy residents or those simply overwhelmed by digital clutter. A routine email from your HOA can carry the full weight of a formal legal notice, and the excuse “I didn’t see the email” is no longer a valid defense.
4. An HOA Can Ban Parking on Streets It Owns
The new rule implemented by the Greenlaw HOA was absolute. Its language leaves no room for interpretation:
Parking is not allowed on any association street or alleyway at any time. Eva, Heidi and Jeffrey Loops are not city streets. They are owned and maintained solely by the HOA. Under city code, the streets are considered “Private Fire Access Lanes.” Consequently, cars parked in violation may be booted and/or towed by a contracted independent towing company.
The critical factor here is ownership. The streets within the Greenlaw community were not public city streets; they were private property, common areas owned and maintained by the HOA. This distinction gave the board sweeping authority to control them.
The Takeaway: If your community’s streets are private property owned by the HOA, the board’s power to regulate them is immense—far exceeding what would be possible on public roads. As this case demonstrates, that authority can extend to a complete and total ban on all street parking, at any time.
5. Suspicion Isn’t Proof: The High Bar of Evidence
In any legal hearing, the person bringing the complaint has the “burden of proof.” Mr. Lee had to convince the judge that his claims were “more probably true than not,” a standard known as a “preponderance of the evidence.”
He failed to meet this standard. The court decision notes that he “provided no evidence that Greenlaw booted or towed any of the vehicles belonging to Greenlaw members.” While he testified to seeing a booted Jeep, his case unraveled under questioning. When he inquired with the HOA manager, her response was non-committal and did not admit responsibility. In court, Mr. Lee admitted he “did not know who owned the jeep, nor who was responsible for booting the jeep.” Critically, his own vehicle had never been booted or towed.
The Takeaway: There is a vast difference between observing something you believe to be a violation and proving it in a formal hearing. For any homeowner considering legal action, this is a vital lesson. Without documented, concrete evidence—admissions in emails, dated photos, official violation notices, or direct witness testimony—a complaint built on suspicion alone is likely to fail.
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Conclusion: The Vigilant Homeowner
The case of William P. Lee serves as a powerful illustration of the “presumption of board authority” that often prevails in community governance disputes. Courts tend to defer to the board’s interpretation of its own rules and its authority to act, unless there is an explicit, unambiguous violation of the law or the governing documents themselves. His story demonstrates that winning a dispute requires more than a sense of injustice; it demands a deep understanding that an HOA’s power is often broader and more flexible than many residents assume. For the modern homeowner, vigilance is not just a good idea—it is an essential practice.
This homeowner scrutinized the rules and bylaws, yet the board’s power expanded beyond them. Are you prepared for the rules you follow today to change tomorrow?
Case Participants
Petitioner Side
William P. Lee(petitioner) Testified on behalf of himself,
Respondent Side
Mark K. Sahl(respondent attorney) CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP Appeared on behalf of Respondent
Timothy D. Butterfield(respondent attorney) Appeared on behalf of Respondent for the initial hearing and rehearing,
Barbara(board member) Greenlaw Townhouses Unit Two Homeowners Association Board member who Petitioner alleged influenced policy
Neutral Parties
Velva Moses-Thompson(ALJ) Office of Administrative Hearings Administrative Law Judge for the initial hearing and rehearing,
Judy Lowe(Commissioner) Arizona Department of Real Estate Commissioner of the Arizona Department of Real Estate,
The Administrative Law Judge denied the petition, concluding that the HOA acted in accordance with its governing documents (CC&Rs § 4.1) by imposing uniform assessments. The CC&Rs did not provide an exception for reduced assessments based on an owner's choice of landscaping (rock yard) or refusal of HOA maintenance services.
Why this result: Petitioner failed to meet the burden of proof that the Respondent violated its CC&Rs, as CC&R § 4.1 requires uniform assessment and no provision requires or allows Respondent to assess Petitioner less due to his rock yard and refusal of maintenance.
Key Issues & Findings
HOA Assessment Uniformity Requirement
Petitioner, who had rock landscaping and refused HOA maintenance, alleged the HOA violated CC&Rs by assessing him uniform dues, arguing he should pay less since HOA expenditures on lawn maintenance were substantial and primarily benefited neighbors with grass yards.
Orders: Petitioner's petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
Cited:
CC&Rs § 4.1
CC&Rs § 5.1(a)
A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(G)(2)
Powell v. Washburn, 211 Ariz. 553
Vazanno v. Superior Court, 74 Ariz. 369
Analytics Highlights
Topics: HOA Assessment, Uniform Dues, CC&R Enforcement, Landscaping Maintenance
Additional Citations:
A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(G)(2)
A.A.C. R2-19-119(A)
A.A.C. R2-19-119(B)(1)
A.A.C. R2-19-119(B)(2)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
Briefing Document: Stoltenberg v. Rancho Del Oro Homeowners Association
Executive Summary
This document synthesizes the findings from the Administrative Law Judge Decision in case number 19F-H1918038-REL, concerning a dispute between homeowner Michael Stoltenberg and the Rancho Del Oro Homeowners Association (HOA). The core conflict centered on Mr. Stoltenberg’s claim that he should pay lower HOA assessments because his property has rock landscaping, while his neighbors have grass yards requiring more costly maintenance by the HOA.
The Administrative Law Judge ultimately denied the petition. The decision rested on an unambiguous interpretation of the HOA’s Covenants, Conditions, and Restrictions (CC&Rs). The Judge found that the CC&Rs explicitly obligate the HOA to maintain landscaping on all individual lots and, crucially, require assessments to be uniform for all members to cover these “common expenses.” The petitioner’s argument for a reduced assessment was unsupported by any provision in the governing documents. Furthermore, evidence showed that Mr. Stoltenberg had actively refused the HOA access to his property to install a community irrigation system and to perform the very landscaping maintenance that is a central component of the assessments.
Case Overview
• Case Number: 19F-H1918038-REL
• Parties Involved:
◦ Petitioner: Michael Stoltenberg, a homeowner at 11777 E. Calle Gaudi, Rancho Del Oro.
◦ Respondent: Rancho Del Oro Homeowners Association (HOA).
• Hearing Date: March 19, 2019
• Presiding Judge: Diane Mihalsky, Administrative Law Judge
• Core Allegation: On December 29, 2018, the Petitioner filed a petition alleging the HOA violated multiple sections of its CC&Rs (§§ 1.8, 1.9, 2.1, 3.1, 4.1, 4.2, 4.3, 5.1, and 14.2) by levying the same assessment fees on his property as on neighboring properties with grass lawns.
Petitioner’s Position and Evidence (Michael Stoltenberg)
The Petitioner’s case was built on the argument of fairness, contending that his assessment should be lower because his property does not utilize the HOA’s most expensive landscaping services.
• Primary Argument: It is inequitable for the HOA to charge him the same amount as neighbors with grass yards, given that his front yard is rock and does not receive the same level of maintenance.
• Financial Evidence: The Petitioner testified that in 2016, the HOA spent $54,000 on lawn maintenance and landscaping, which constituted 39% of its total budget.
• Refusal of Services: The Petitioner acknowledged that he refused to allow the HOA access to his property for two key purposes:
1. To install irrigation pipes connecting his lot to a new community well.
2. To perform any landscape maintenance on his front yard.
• Justification for Refusal: The Petitioner accused the HOA of previously killing his trees during maintenance activities and stated that he now undertakes all maintenance of his own yard.
Respondent’s Position and Evidence (Rancho Del Oro HOA)
The HOA’s defense was grounded in its adherence to the plain language of its governing documents, arguing that its actions were not only permissible but mandated by the CC&Rs.
• Primary Argument: The HOA is legally bound by its CC&Rs to levy uniform assessments on all members and is simultaneously obligated to maintain the landscaping on every individual lot.
• Key Testimony (Diana Crites, Property Manager):
◦ CC&R § 5.1(a) explicitly requires the HOA to maintain the yards of its members.
◦ CC&R § 4.1 requires all owners to be assessed uniformly, without regard to the type of landscaping they have chosen or whether they permit the HOA to perform its maintenance duties.
◦ The Petitioner’s property is one of eight constructed by a different developer, who did not originally install grass or an irrigation system.
◦ The HOA has since drilled a community well to address water costs and has offered to remove rock and install grass for these properties, an offer the Petitioner could accept.
• Supporting Evidence (Letter from Dawn Simpson, former bookkeeper):
◦ A 2013 HOA project was initiated to install a community well for landscaping and to connect all homes, including the Petitioner’s.
◦ The letter details an incident where the Petitioner “became very heated with [the] contractor” and “declared that no one was to enter his yard for any purpose.”
◦ This action directly halted all construction to connect his property to the irrigation system and ceased all landscaping services provided by the HOA.
Analysis of Governing Documents (CC&Rs)
The judge’s decision centered on the clear, unambiguous language of specific articles within the CC&Rs. The petitioner failed to identify any language that would permit or require a non-uniform assessment.
CC&R Section
Key Language
Implication & Ruling
Article IV, Section 4.1
Assessments “shall be used for the… common benefit… of the Owners” and “shall constitute common expenses for which the apartment owners shall be severally liable in proportion to their respective common interests.”
This establishes the principle of uniform, shared liability for common expenses, regardless of an individual owner’s specific use of a particular service.
Article V, Section 5.1(a)
“The Association shall maintain… landscaping… It shall also include maintenance of the landscaping on individual Lots outside of structures.”
This article imposes a direct obligation on the HOA to maintain all members’ landscaping, not merely an optional service.
Legal Conclusions and Final Order
• Burden of Proof: The decision established that the Petitioner, Mr. Stoltenberg, held the burden to prove by a “preponderance of the evidence” that the HOA had violated its CC&Rs.
• Interpretation of Covenants: In Arizona, unambiguous restrictive covenants are enforced to give effect to the intent of the parties. The judge found the CC&Rs to be unambiguous, requiring a holistic interpretation. The documents clearly mandate that the HOA must maintain all yards and must assess all members equally to fund that maintenance.
• Final Ruling: The Petitioner did not meet his burden of proof. He failed to point to any provision within the CC&Rs that “allows, much less requires, Respondent to assess Petitioner less because he has a rock yard and will not allow Respondent to maintain his yard.”
• Order: The petition was denied. The HOA’s practice of charging uniform assessments was upheld as compliant with its governing documents.
Study Guide – 19F-H1918038-REL
Study Guide: Stoltenberg v. Rancho Del Oro Homeowners Association
This guide is designed to review the key facts, legal arguments, and conclusions presented in the Administrative Law Judge Decision for case number 19F-H1918038-REL, Michael Stoltenberg v. Rancho Del Oro Homeowners Association.
Short-Answer Quiz Questions
Answer the following questions in 2-3 complete sentences, based on the information provided in the case document.
1. Who are the primary parties involved in this case, and what are their respective roles?
2. What was the central allegation in the petition filed by Michael Stoltenberg with the Arizona Department of Real Estate?
3. According to the Petitioner’s testimony, what was the financial basis for his claim of unfair assessment?
4. Describe the history of the water and irrigation system issue at the Petitioner’s property prior to 2013, as detailed in Dawn Simpson’s letter.
5. What action did the Petitioner take during the 2013 well construction project, and what were the consequences of this action?
6. According to Article V, Section 5.1(a) of the CC&Rs, what specific maintenance obligation does the homeowners’ association have regarding individual lots?
7. How did Diana Crites, the HOA’s property manager, justify the uniform assessment for all homeowners based on the CC&Rs?
8. What reason did Ms. Crites provide for why eight units, including the Petitioner’s, were originally landscaped with rock instead of grass?
9. What is the legal standard of proof required in this hearing, and on which party does the burden of proof rest?
10. What was the final order of the Administrative Law Judge, and what was the core legal reasoning for this decision?
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Answer Key
1. The primary parties are Michael Stoltenberg, the “Petitioner,” and the Rancho Del Oro Homeowners Association, the “Respondent.” Mr. Stoltenberg is a homeowner and member of the HOA who filed a complaint against the association. The Respondent is the governing HOA for the Rancho Del Oro community in Yuma, Arizona.
2. The Petitioner alleged that the Respondent violated multiple sections of its Covenants, Conditions, and Restrictions (CC&Rs). His central claim was that it was unfair for the HOA to charge him the same assessment fees as his neighbors because his property has rock landscaping, while his neighbors have grass yards that require more maintenance.
3. The financial basis for his claim was the HOA’s budget. The Petitioner testified that in 2016, the Respondent spent $54,000 on lawn maintenance and landscaping, which accounted for 39% of the total budget.
4. Prior to 2013, the Petitioner made several complaints that his home was not connected to the community water system. The HOA Board’s position was that the Petitioner knew his home was not connected to the system when he purchased it.
5. During the 2013 construction to install a well and connect all homes to an irrigation system, the Petitioner became “very heated” with the contractor. He declared that no one was to enter his yard for any purpose, which halted all construction in his backyard and all landscaping provided by the HOA for his front yard.
6. Section 5.1(a) of the CC&Rs states that the Association’s maintenance duties “shall also include maintenance of the landscaping on individual Lots outside of structures.” This obligates the HOA to maintain landscaping even on privately owned lots.
7. Diana Crites testified that CC&R Section 4.1 requires all owners to be assessed uniformly. She stated this uniformity applies regardless of the type of landscaping an owner has chosen or whether they permit the HOA onto their property to perform maintenance.
8. Ms. Crites testified that the eight units were built by a different developer after the original construction and were not equipped with an irrigation system or grass. She believed rock was used in the front yards of these lots due to the high cost of water, an issue later resolved by the installation of a community well.
9. The legal standard is “a preponderance of the evidence,” which means the evidence must be convincing enough to make the contention more probably true than not. The burden of proof to establish a CC&R violation rests on the Petitioner, Mr. Stoltenberg.
10. The Administrative Law Judge denied the Petitioner’s petition. The reasoning was that the Petitioner failed to bear his burden of proof because he could not point to any provision in the CC&Rs that allows or requires the HOA to assess him less than his neighbors based on his landscaping choice or his refusal to allow maintenance.
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Essay Questions
The following questions are designed for longer-form analysis. Formulate a detailed response for each, citing specific evidence and CC&R provisions from the case document.
1. Analyze the central conflict between the Petitioner’s concept of fairness and the Respondent’s interpretation of the CC&Rs. Use specific clauses from the CC&Rs (e.g., Articles IV and V) to support the analysis of each party’s position.
2. Discuss the significance of the “preponderance of the evidence” standard in this case. How did the evidence presented by both the Petitioner (e.g., budget figures) and the Respondent (e.g., witness testimony and CC&Rs) contribute to the judge’s final decision regarding this standard?
3. Trace the history of the water and irrigation issue at the Petitioner’s property, from his initial complaints to his refusal to allow construction access. How did these past events impact the central issue of the 2019 hearing?
4. Explain the legal principle that “restrictive covenants must be construed as a whole.” How did the Administrative Law Judge apply this principle by referencing both Section 4.1 (Assessments) and Section 5.1(a) (Maintenance) of the CC&Rs to reach her conclusion?
5. Evaluate the actions of the Petitioner, Mr. Stoltenberg. Based on the evidence presented, did his own actions—specifically, denying the HOA access to his property—undermine his legal argument for a reduced assessment? Explain your reasoning using facts from the hearing evidence.
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Glossary
Definition from Source Context
Administrative Law Judge (ALJ)
An official (Diane Mihalsky) who presides over hearings at the Office of Administrative Hearings, an independent state agency, and makes decisions in matters referred by state departments like the Arizona Department of Real Estate.
Assessments
Charges levied by the homeowners’ association on its members. According to CC&R § 4.1, they are used for promoting the recreation, health, safety, and welfare of owners, including property maintenance, and are to be proportioned to each owner’s respective common interests.
Burden of Proof
The obligation of a party in a legal case to establish their claim. In this matter, the Petitioner bears the burden of proof to establish that the Respondent violated its CC&Rs.
Common Area
Defined in CC&R § 1.8 as “those portions of the Project to which title is held by the Association for the common use and enjoyment of the Owners and excepting the individual units.”
Common Expenses
Defined in CC&R § 1.9 as the “actual and estimated expenses of operating the association,” including any reasonable reserves and all sums designated as Common Expense by project documents.
Covenants, Conditions, and Restrictions (CC&Rs)
The governing documents for a planned community that outline the rules, obligations, and rights of the homeowners and the homeowners’ association.
Easements
A right of use over the property of another. CC&R § 2.1 grants every owner a “non-exclusive easement and equitable right of use and enjoyment in, to, and throughout the Common Area.”
Homeowners’ Association (HOA)
The governing body for a planned community (Rancho Del Oro Homeowners Association) whose members are the property owners within that community. It is responsible for managing common areas and enforcing the CC&Rs.
Petitioner
The party who files a petition initiating a legal action. In this case, Michael Stoltenberg, a homeowner in Rancho Del Oro.
Preponderance of the Evidence
The evidentiary standard required to win the case. The source defines it as “such proof as convinces the trier of fact that the contention is more probably true than not” and as evidence with “the most convincing force” that is “sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”
Respondent
The party against whom a petition is filed. In this case, the Rancho Del Oro Homeowners Association.
Restrictive Covenant
A provision in a deed or community document that limits the use of the property. The source notes that in Arizona, an unambiguous restrictive covenant is enforced to give effect to the intent of the parties and must be construed as a whole.
Blog Post – 19F-H1918038-REL
He Sued His HOA Over an ‘Unfair’ Fee—The Reason He Lost Is a Warning for Every Homeowner
Introduction: The HOA Fee Frustration
For many homeowners, the monthly or annual bill from the Homeowners Association (HOA) can be a source of constant frustration. It’s easy to look at the line items—landscaping, pool maintenance, common area repairs—and wonder if you’re truly getting your money’s worth, especially when you feel you aren’t using a particular service.
This was exactly the position of Michael Stoltenberg, a homeowner in Arizona who believed he had an open-and-shut case to lower his HOA fees. His argument seemed logical, fair, and simple. But the ultimate ruling in his case, Stoltenberg v. Rancho Del Oro Homeowners Association, reveals some surprising and crucial truths about how HOA rules actually work and serves as a powerful lesson for every person living in a planned community.
Takeaway 1: You Pay for the Service, Even If You Actively Refuse It
Michael Stoltenberg’s argument was straightforward: his front yard was landscaped with rocks, while his neighbors had grass. He pointed out that in 2016, lawn maintenance accounted for a significant 39% of the HOA’s total budget. He argued it was fundamentally unfair for him to pay the same assessment as his neighbors when he wasn’t consuming this costly service.
His sense of unfairness was rooted in the history of the development. His home was one of eight built by a different developer than the rest of the community. Likely due to high water costs at the time, these eight lots were constructed without irrigation systems or grass. From the very beginning, his property was different. This context makes the crucial twist in the case all the more telling. In 2013, the HOA undertook a community-wide project to drill a new well and install an irrigation system, an effort designed to rectify the inconsistency and bring these outlier properties up to the community standard. When the construction reached Stoltenberg’s property, he refused the workers access.
Testimony from the HOA’s former bookkeeper laid this fact bare:
At this time, [Petitioner] declared that no one was to enter his yard for any purpose. This was also to include his front yard. This halted all construction that was currently in place in his back yard, and all landscaping being provided by the HOA for the front yard.
Legally, this transformed the situation. Stoltenberg’s complaint was no longer about a service he didn’t need, but about a service he actively rejected. This case establishes a critical principle: HOA assessments are tied to your property ownership and membership in the community, not your individual consumption of services. By refusing the service, Mr. Stoltenberg did not absolve himself of the cost associated with its availability to the community.
Takeaway 2: “Common Benefit” Isn’t the Same as “Your Personal Benefit”
The legal foundation for the HOA’s position rested in the language of its Covenants, Conditions, and Restrictions (CC&Rs). Specifically, Section 4.1 states that assessments are to be used for the “common benefit, and enjoyment of the Owners.”
In an HOA context, “common benefit” is a broad concept. It means that well-maintained landscaping throughout the entire neighborhood enhances curb appeal, creates a cohesive community aesthetic, and supports the property values of all residents. This includes Mr. Stoltenberg, whose home value is supported by the beautiful, uniform appearance of the neighborhood, regardless of whether his specific yard has grass. It’s the same reason a homeowner without children still pays for the upkeep of a community playground; the amenity benefits the community as a whole.
Further testimony reinforced this point. The HOA’s property manager stated that the association was still willing to remove the rock and install grass on his property, just as they had already done for two other homeowners in a similar situation. The benefit was available to him; he simply continued to refuse it.
Takeaway 3: The Rules Are a Package Deal, Not an A La Carte Menu
Ultimately, the Administrative Law Judge’s role was not to rule on a general sense of fairness but to enforce the community’s governing documents as written. When examined together, two key clauses in the CC&Rs created a contractual vise, leaving the judge with no other legal option. The two clauses created a perfect, inescapable loop.
• Section 5.1(a): This clause states the HOA has an obligation that “shall also include maintenance of the landscaping on individual Lots outside of structures.” The HOA wasn’t just permitted to do the work; it was contractually required to.
• Section 4.1: This clause, which also defines assessments as being for the “common benefit,” requires that they “shall constitute common expenses for which the apartment owners shall be severally liable in proportion to their respective common interests.”
The documents legally obligated the HOA to maintain all yards and to charge every owner the same proportional amount for doing so. The CC&Rs provided no mechanism for a homeowner to opt-out of a service and receive a corresponding discount. The judge’s final ruling was decisive, emphasizing the absolute nature of this contractual obligation:
Because Petitioner has not pointed to any CC&R that allows, much less requires, Respondent to assess Petitioner less because he has a rock yard and will not allow Respondent to maintain his yard, Petitioner has not borne his burden in this matter.
Conclusion: The Contract You Live In
The case of Michael Stoltenberg is a powerful reminder that an HOA’s CC&Rs are not just a set of neighborhood rules; they are restrictive covenants that run with the land. When you buy the property, you are irrevocably buying into the contract that governs it. These documents are designed to prioritize the uniform application of standards for the collective good, and they supersede an individual’s personal preferences or interpretation of what seems “fair.”
This case forces every potential buyer to ask a critical question: Are you simply purchasing a dwelling, or are you prepared to become a party to the binding legal contract that governs the entire community?
Case Participants
Petitioner Side
Michael Stoltenberg(Petitioner)
Respondent Side
Rancho Del Oro Homeowners Association(Respondent Entity) Entity, not human
The Administrative Law Judge denied the petition, concluding that the HOA acted in accordance with its governing documents (CC&Rs § 4.1) by imposing uniform assessments. The CC&Rs did not provide an exception for reduced assessments based on an owner's choice of landscaping (rock yard) or refusal of HOA maintenance services.
Why this result: Petitioner failed to meet the burden of proof that the Respondent violated its CC&Rs, as CC&R § 4.1 requires uniform assessment and no provision requires or allows Respondent to assess Petitioner less due to his rock yard and refusal of maintenance.
Key Issues & Findings
HOA Assessment Uniformity Requirement
Petitioner, who had rock landscaping and refused HOA maintenance, alleged the HOA violated CC&Rs by assessing him uniform dues, arguing he should pay less since HOA expenditures on lawn maintenance were substantial and primarily benefited neighbors with grass yards.
Orders: Petitioner's petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
Cited:
CC&Rs § 4.1
CC&Rs § 5.1(a)
A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(G)(2)
Powell v. Washburn, 211 Ariz. 553
Vazanno v. Superior Court, 74 Ariz. 369
Analytics Highlights
Topics: HOA Assessment, Uniform Dues, CC&R Enforcement, Landscaping Maintenance
Additional Citations:
A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(G)(2)
A.A.C. R2-19-119(A)
A.A.C. R2-19-119(B)(1)
A.A.C. R2-19-119(B)(2)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
Briefing Document: Stoltenberg v. Rancho Del Oro Homeowners Association
Executive Summary
This document synthesizes the findings from the Administrative Law Judge Decision in case number 19F-H1918038-REL, concerning a dispute between homeowner Michael Stoltenberg and the Rancho Del Oro Homeowners Association (HOA). The core conflict centered on Mr. Stoltenberg’s claim that he should pay lower HOA assessments because his property has rock landscaping, while his neighbors have grass yards requiring more costly maintenance by the HOA.
The Administrative Law Judge ultimately denied the petition. The decision rested on an unambiguous interpretation of the HOA’s Covenants, Conditions, and Restrictions (CC&Rs). The Judge found that the CC&Rs explicitly obligate the HOA to maintain landscaping on all individual lots and, crucially, require assessments to be uniform for all members to cover these “common expenses.” The petitioner’s argument for a reduced assessment was unsupported by any provision in the governing documents. Furthermore, evidence showed that Mr. Stoltenberg had actively refused the HOA access to his property to install a community irrigation system and to perform the very landscaping maintenance that is a central component of the assessments.
Case Overview
• Case Number: 19F-H1918038-REL
• Parties Involved:
◦ Petitioner: Michael Stoltenberg, a homeowner at 11777 E. Calle Gaudi, Rancho Del Oro.
◦ Respondent: Rancho Del Oro Homeowners Association (HOA).
• Hearing Date: March 19, 2019
• Presiding Judge: Diane Mihalsky, Administrative Law Judge
• Core Allegation: On December 29, 2018, the Petitioner filed a petition alleging the HOA violated multiple sections of its CC&Rs (§§ 1.8, 1.9, 2.1, 3.1, 4.1, 4.2, 4.3, 5.1, and 14.2) by levying the same assessment fees on his property as on neighboring properties with grass lawns.
Petitioner’s Position and Evidence (Michael Stoltenberg)
The Petitioner’s case was built on the argument of fairness, contending that his assessment should be lower because his property does not utilize the HOA’s most expensive landscaping services.
• Primary Argument: It is inequitable for the HOA to charge him the same amount as neighbors with grass yards, given that his front yard is rock and does not receive the same level of maintenance.
• Financial Evidence: The Petitioner testified that in 2016, the HOA spent $54,000 on lawn maintenance and landscaping, which constituted 39% of its total budget.
• Refusal of Services: The Petitioner acknowledged that he refused to allow the HOA access to his property for two key purposes:
1. To install irrigation pipes connecting his lot to a new community well.
2. To perform any landscape maintenance on his front yard.
• Justification for Refusal: The Petitioner accused the HOA of previously killing his trees during maintenance activities and stated that he now undertakes all maintenance of his own yard.
Respondent’s Position and Evidence (Rancho Del Oro HOA)
The HOA’s defense was grounded in its adherence to the plain language of its governing documents, arguing that its actions were not only permissible but mandated by the CC&Rs.
• Primary Argument: The HOA is legally bound by its CC&Rs to levy uniform assessments on all members and is simultaneously obligated to maintain the landscaping on every individual lot.
• Key Testimony (Diana Crites, Property Manager):
◦ CC&R § 5.1(a) explicitly requires the HOA to maintain the yards of its members.
◦ CC&R § 4.1 requires all owners to be assessed uniformly, without regard to the type of landscaping they have chosen or whether they permit the HOA to perform its maintenance duties.
◦ The Petitioner’s property is one of eight constructed by a different developer, who did not originally install grass or an irrigation system.
◦ The HOA has since drilled a community well to address water costs and has offered to remove rock and install grass for these properties, an offer the Petitioner could accept.
• Supporting Evidence (Letter from Dawn Simpson, former bookkeeper):
◦ A 2013 HOA project was initiated to install a community well for landscaping and to connect all homes, including the Petitioner’s.
◦ The letter details an incident where the Petitioner “became very heated with [the] contractor” and “declared that no one was to enter his yard for any purpose.”
◦ This action directly halted all construction to connect his property to the irrigation system and ceased all landscaping services provided by the HOA.
Analysis of Governing Documents (CC&Rs)
The judge’s decision centered on the clear, unambiguous language of specific articles within the CC&Rs. The petitioner failed to identify any language that would permit or require a non-uniform assessment.
CC&R Section
Key Language
Implication & Ruling
Article IV, Section 4.1
Assessments “shall be used for the… common benefit… of the Owners” and “shall constitute common expenses for which the apartment owners shall be severally liable in proportion to their respective common interests.”
This establishes the principle of uniform, shared liability for common expenses, regardless of an individual owner’s specific use of a particular service.
Article V, Section 5.1(a)
“The Association shall maintain… landscaping… It shall also include maintenance of the landscaping on individual Lots outside of structures.”
This article imposes a direct obligation on the HOA to maintain all members’ landscaping, not merely an optional service.
Legal Conclusions and Final Order
• Burden of Proof: The decision established that the Petitioner, Mr. Stoltenberg, held the burden to prove by a “preponderance of the evidence” that the HOA had violated its CC&Rs.
• Interpretation of Covenants: In Arizona, unambiguous restrictive covenants are enforced to give effect to the intent of the parties. The judge found the CC&Rs to be unambiguous, requiring a holistic interpretation. The documents clearly mandate that the HOA must maintain all yards and must assess all members equally to fund that maintenance.
• Final Ruling: The Petitioner did not meet his burden of proof. He failed to point to any provision within the CC&Rs that “allows, much less requires, Respondent to assess Petitioner less because he has a rock yard and will not allow Respondent to maintain his yard.”
• Order: The petition was denied. The HOA’s practice of charging uniform assessments was upheld as compliant with its governing documents.
Study Guide – 19F-H1918038-REL
Study Guide: Stoltenberg v. Rancho Del Oro Homeowners Association
This guide is designed to review the key facts, legal arguments, and conclusions presented in the Administrative Law Judge Decision for case number 19F-H1918038-REL, Michael Stoltenberg v. Rancho Del Oro Homeowners Association.
Short-Answer Quiz Questions
Answer the following questions in 2-3 complete sentences, based on the information provided in the case document.
1. Who are the primary parties involved in this case, and what are their respective roles?
2. What was the central allegation in the petition filed by Michael Stoltenberg with the Arizona Department of Real Estate?
3. According to the Petitioner’s testimony, what was the financial basis for his claim of unfair assessment?
4. Describe the history of the water and irrigation system issue at the Petitioner’s property prior to 2013, as detailed in Dawn Simpson’s letter.
5. What action did the Petitioner take during the 2013 well construction project, and what were the consequences of this action?
6. According to Article V, Section 5.1(a) of the CC&Rs, what specific maintenance obligation does the homeowners’ association have regarding individual lots?
7. How did Diana Crites, the HOA’s property manager, justify the uniform assessment for all homeowners based on the CC&Rs?
8. What reason did Ms. Crites provide for why eight units, including the Petitioner’s, were originally landscaped with rock instead of grass?
9. What is the legal standard of proof required in this hearing, and on which party does the burden of proof rest?
10. What was the final order of the Administrative Law Judge, and what was the core legal reasoning for this decision?
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Answer Key
1. The primary parties are Michael Stoltenberg, the “Petitioner,” and the Rancho Del Oro Homeowners Association, the “Respondent.” Mr. Stoltenberg is a homeowner and member of the HOA who filed a complaint against the association. The Respondent is the governing HOA for the Rancho Del Oro community in Yuma, Arizona.
2. The Petitioner alleged that the Respondent violated multiple sections of its Covenants, Conditions, and Restrictions (CC&Rs). His central claim was that it was unfair for the HOA to charge him the same assessment fees as his neighbors because his property has rock landscaping, while his neighbors have grass yards that require more maintenance.
3. The financial basis for his claim was the HOA’s budget. The Petitioner testified that in 2016, the Respondent spent $54,000 on lawn maintenance and landscaping, which accounted for 39% of the total budget.
4. Prior to 2013, the Petitioner made several complaints that his home was not connected to the community water system. The HOA Board’s position was that the Petitioner knew his home was not connected to the system when he purchased it.
5. During the 2013 construction to install a well and connect all homes to an irrigation system, the Petitioner became “very heated” with the contractor. He declared that no one was to enter his yard for any purpose, which halted all construction in his backyard and all landscaping provided by the HOA for his front yard.
6. Section 5.1(a) of the CC&Rs states that the Association’s maintenance duties “shall also include maintenance of the landscaping on individual Lots outside of structures.” This obligates the HOA to maintain landscaping even on privately owned lots.
7. Diana Crites testified that CC&R Section 4.1 requires all owners to be assessed uniformly. She stated this uniformity applies regardless of the type of landscaping an owner has chosen or whether they permit the HOA onto their property to perform maintenance.
8. Ms. Crites testified that the eight units were built by a different developer after the original construction and were not equipped with an irrigation system or grass. She believed rock was used in the front yards of these lots due to the high cost of water, an issue later resolved by the installation of a community well.
9. The legal standard is “a preponderance of the evidence,” which means the evidence must be convincing enough to make the contention more probably true than not. The burden of proof to establish a CC&R violation rests on the Petitioner, Mr. Stoltenberg.
10. The Administrative Law Judge denied the Petitioner’s petition. The reasoning was that the Petitioner failed to bear his burden of proof because he could not point to any provision in the CC&Rs that allows or requires the HOA to assess him less than his neighbors based on his landscaping choice or his refusal to allow maintenance.
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Essay Questions
The following questions are designed for longer-form analysis. Formulate a detailed response for each, citing specific evidence and CC&R provisions from the case document.
1. Analyze the central conflict between the Petitioner’s concept of fairness and the Respondent’s interpretation of the CC&Rs. Use specific clauses from the CC&Rs (e.g., Articles IV and V) to support the analysis of each party’s position.
2. Discuss the significance of the “preponderance of the evidence” standard in this case. How did the evidence presented by both the Petitioner (e.g., budget figures) and the Respondent (e.g., witness testimony and CC&Rs) contribute to the judge’s final decision regarding this standard?
3. Trace the history of the water and irrigation issue at the Petitioner’s property, from his initial complaints to his refusal to allow construction access. How did these past events impact the central issue of the 2019 hearing?
4. Explain the legal principle that “restrictive covenants must be construed as a whole.” How did the Administrative Law Judge apply this principle by referencing both Section 4.1 (Assessments) and Section 5.1(a) (Maintenance) of the CC&Rs to reach her conclusion?
5. Evaluate the actions of the Petitioner, Mr. Stoltenberg. Based on the evidence presented, did his own actions—specifically, denying the HOA access to his property—undermine his legal argument for a reduced assessment? Explain your reasoning using facts from the hearing evidence.
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Glossary
Definition from Source Context
Administrative Law Judge (ALJ)
An official (Diane Mihalsky) who presides over hearings at the Office of Administrative Hearings, an independent state agency, and makes decisions in matters referred by state departments like the Arizona Department of Real Estate.
Assessments
Charges levied by the homeowners’ association on its members. According to CC&R § 4.1, they are used for promoting the recreation, health, safety, and welfare of owners, including property maintenance, and are to be proportioned to each owner’s respective common interests.
Burden of Proof
The obligation of a party in a legal case to establish their claim. In this matter, the Petitioner bears the burden of proof to establish that the Respondent violated its CC&Rs.
Common Area
Defined in CC&R § 1.8 as “those portions of the Project to which title is held by the Association for the common use and enjoyment of the Owners and excepting the individual units.”
Common Expenses
Defined in CC&R § 1.9 as the “actual and estimated expenses of operating the association,” including any reasonable reserves and all sums designated as Common Expense by project documents.
Covenants, Conditions, and Restrictions (CC&Rs)
The governing documents for a planned community that outline the rules, obligations, and rights of the homeowners and the homeowners’ association.
Easements
A right of use over the property of another. CC&R § 2.1 grants every owner a “non-exclusive easement and equitable right of use and enjoyment in, to, and throughout the Common Area.”
Homeowners’ Association (HOA)
The governing body for a planned community (Rancho Del Oro Homeowners Association) whose members are the property owners within that community. It is responsible for managing common areas and enforcing the CC&Rs.
Petitioner
The party who files a petition initiating a legal action. In this case, Michael Stoltenberg, a homeowner in Rancho Del Oro.
Preponderance of the Evidence
The evidentiary standard required to win the case. The source defines it as “such proof as convinces the trier of fact that the contention is more probably true than not” and as evidence with “the most convincing force” that is “sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”
Respondent
The party against whom a petition is filed. In this case, the Rancho Del Oro Homeowners Association.
Restrictive Covenant
A provision in a deed or community document that limits the use of the property. The source notes that in Arizona, an unambiguous restrictive covenant is enforced to give effect to the intent of the parties and must be construed as a whole.
Blog Post – 19F-H1918038-REL
He Sued His HOA Over an ‘Unfair’ Fee—The Reason He Lost Is a Warning for Every Homeowner
Introduction: The HOA Fee Frustration
For many homeowners, the monthly or annual bill from the Homeowners Association (HOA) can be a source of constant frustration. It’s easy to look at the line items—landscaping, pool maintenance, common area repairs—and wonder if you’re truly getting your money’s worth, especially when you feel you aren’t using a particular service.
This was exactly the position of Michael Stoltenberg, a homeowner in Arizona who believed he had an open-and-shut case to lower his HOA fees. His argument seemed logical, fair, and simple. But the ultimate ruling in his case, Stoltenberg v. Rancho Del Oro Homeowners Association, reveals some surprising and crucial truths about how HOA rules actually work and serves as a powerful lesson for every person living in a planned community.
Takeaway 1: You Pay for the Service, Even If You Actively Refuse It
Michael Stoltenberg’s argument was straightforward: his front yard was landscaped with rocks, while his neighbors had grass. He pointed out that in 2016, lawn maintenance accounted for a significant 39% of the HOA’s total budget. He argued it was fundamentally unfair for him to pay the same assessment as his neighbors when he wasn’t consuming this costly service.
His sense of unfairness was rooted in the history of the development. His home was one of eight built by a different developer than the rest of the community. Likely due to high water costs at the time, these eight lots were constructed without irrigation systems or grass. From the very beginning, his property was different. This context makes the crucial twist in the case all the more telling. In 2013, the HOA undertook a community-wide project to drill a new well and install an irrigation system, an effort designed to rectify the inconsistency and bring these outlier properties up to the community standard. When the construction reached Stoltenberg’s property, he refused the workers access.
Testimony from the HOA’s former bookkeeper laid this fact bare:
At this time, [Petitioner] declared that no one was to enter his yard for any purpose. This was also to include his front yard. This halted all construction that was currently in place in his back yard, and all landscaping being provided by the HOA for the front yard.
Legally, this transformed the situation. Stoltenberg’s complaint was no longer about a service he didn’t need, but about a service he actively rejected. This case establishes a critical principle: HOA assessments are tied to your property ownership and membership in the community, not your individual consumption of services. By refusing the service, Mr. Stoltenberg did not absolve himself of the cost associated with its availability to the community.
Takeaway 2: “Common Benefit” Isn’t the Same as “Your Personal Benefit”
The legal foundation for the HOA’s position rested in the language of its Covenants, Conditions, and Restrictions (CC&Rs). Specifically, Section 4.1 states that assessments are to be used for the “common benefit, and enjoyment of the Owners.”
In an HOA context, “common benefit” is a broad concept. It means that well-maintained landscaping throughout the entire neighborhood enhances curb appeal, creates a cohesive community aesthetic, and supports the property values of all residents. This includes Mr. Stoltenberg, whose home value is supported by the beautiful, uniform appearance of the neighborhood, regardless of whether his specific yard has grass. It’s the same reason a homeowner without children still pays for the upkeep of a community playground; the amenity benefits the community as a whole.
Further testimony reinforced this point. The HOA’s property manager stated that the association was still willing to remove the rock and install grass on his property, just as they had already done for two other homeowners in a similar situation. The benefit was available to him; he simply continued to refuse it.
Takeaway 3: The Rules Are a Package Deal, Not an A La Carte Menu
Ultimately, the Administrative Law Judge’s role was not to rule on a general sense of fairness but to enforce the community’s governing documents as written. When examined together, two key clauses in the CC&Rs created a contractual vise, leaving the judge with no other legal option. The two clauses created a perfect, inescapable loop.
• Section 5.1(a): This clause states the HOA has an obligation that “shall also include maintenance of the landscaping on individual Lots outside of structures.” The HOA wasn’t just permitted to do the work; it was contractually required to.
• Section 4.1: This clause, which also defines assessments as being for the “common benefit,” requires that they “shall constitute common expenses for which the apartment owners shall be severally liable in proportion to their respective common interests.”
The documents legally obligated the HOA to maintain all yards and to charge every owner the same proportional amount for doing so. The CC&Rs provided no mechanism for a homeowner to opt-out of a service and receive a corresponding discount. The judge’s final ruling was decisive, emphasizing the absolute nature of this contractual obligation:
Because Petitioner has not pointed to any CC&R that allows, much less requires, Respondent to assess Petitioner less because he has a rock yard and will not allow Respondent to maintain his yard, Petitioner has not borne his burden in this matter.
Conclusion: The Contract You Live In
The case of Michael Stoltenberg is a powerful reminder that an HOA’s CC&Rs are not just a set of neighborhood rules; they are restrictive covenants that run with the land. When you buy the property, you are irrevocably buying into the contract that governs it. These documents are designed to prioritize the uniform application of standards for the collective good, and they supersede an individual’s personal preferences or interpretation of what seems “fair.”
This case forces every potential buyer to ask a critical question: Are you simply purchasing a dwelling, or are you prepared to become a party to the binding legal contract that governs the entire community?
Case Participants
Petitioner Side
Michael Stoltenberg(Petitioner)
Respondent Side
Rancho Del Oro Homeowners Association(Respondent Entity) Entity, not human
A.R.S. §§ 33-1803 and 1809; CC&Rs Amendments 1, 2, and 3; Greenlaw Rules and Regulations
Outcome Summary
The Administrative Law Judge denied the petition, finding that the Petitioner failed to establish by a preponderance of the evidence that the HOA violated the cited governing documents (CC&Rs/Rules) or state statutes (A.R.S. §§ 33-1803 and 1809) by banning street parking and contracting for vehicle booting/towing.
Why this result: Petitioner failed to meet the burden of proof regarding violations of CC&Rs Amendments 1, 2, and 3, the Rules and Regulations, and A.R.S. §§ 33-1803 and 1809. The ALJ found the July 2018 revised Rules, which banned parking, were controlling.
Key Issues & Findings
Violation regarding banning parking and use of towing/booting company.
Petitioner alleged the HOA improperly banned street parking and contracted with a towing/booting company, arguing this violated specific CC&R amendments, the Rules and Regulations, and A.R.S. §§ 33-1803 and 1809. He also claimed the 2018 revised Rules were invalid due to improper electronic notice instead of personal delivery or mail.
Administrative Hearing Briefing: William P. Lee v. Greenlaw Townhouses Unit Two
Executive Summary
This document analyzes the Administrative Law Judge Decision in case No. 19F-H1918019-REL-RHG, where Petitioner William P. Lee’s complaint against the Greenlaw Townhouses Unit Two Homeowners Association (Greenlaw) was denied. Mr. Lee, a homeowner, alleged that Greenlaw’s complete ban on street parking and its contract with a towing company to enforce the ban violated the association’s Covenants, Conditions, and Restrictions (CC&Rs).
The Administrative Law Judge (ALJ) found that Mr. Lee failed to meet the required burden of proof. The central conclusion was that Greenlaw’s revised Rules and Regulations, effective July 2018, are the controlling authority and explicitly permit a total ban on street parking. The ALJ determined that the specific parking prohibitions detailed in the CC&R amendments—concerning fire lanes, snow removal, and abandoned vehicles—do not preclude the association from enacting a more comprehensive ban via its rules. Furthermore, the petitioner failed to provide sufficient evidence that Greenlaw had actually taken the alleged enforcement actions (booting or towing) against any member’s vehicle.
Case Overview
Detail
Information
Case Name
William P. Lee v. Greenlaw Townhouses Unit Two
Case Number
19F-H1918019-REL-RHG
Arizona Office of Administrative Hearings
Petitioner
William P. Lee (Homeowner)
Respondent
Greenlaw Townhouses Unit Two (Homeowners Association)
Hearing Date
April 1, 2019 (Rehearing)
Decision Date
April 22, 2019
Final Order
Petitioner’s petition is denied.
Presiding ALJ
Velva Moses-Thompson
Petitioner’s Core Allegations and Arguments
William P. Lee’s petition, filed on September 12, 2018, centered on the claim that Greenlaw acted outside its authority by banning all street parking and contracting with a towing company for enforcement. His arguments were:
• Violation of CC&Rs: The total parking ban directly contradicted CC&R Amendments 1, 2, and 3. Mr. Lee contended these amendments established an exhaustive list of permissible parking restrictions, limited to:
◦ Designated fire lanes (Amendment #1).
◦ Periods of snow removal (Amendment #2).
◦ Vehicles in an obvious state of disrepair for over 72 hours (Amendment #3).
• Invalidity of Revised Rules: Mr. Lee argued that the July 2018 revised Rules and Regulations, which contain the parking ban, were not valid or controlling due to improper notification.
◦ He contended that Greenlaw’s Bylaws (Article V, Section 1) required that such notices be delivered personally or by postal mail.
◦ He received notice only via a July 6, 2018 email, which he claimed did not clearly indicate that the rules had been substantively changed.
• Improper Motive: Mr. Lee contended that “the only reason that the Association banned parking was to please Barbara, a board member who did not want anyone to park behind her property.”
Respondent’s Defense
Greenlaw Townhouses Unit Two asserted that its actions were proper and within the scope of its authority as an HOA. Its defense included the following points:
• Controlling Authority: Greenlaw maintained that its revised Rules and Regulations, effective July 2018, were the controlling documents governing parking.
• Notice Protocol: The association contended that the Bylaw provision requiring personal or postal mail notice applies only to notices mandated by statute or the CC&Rs. Greenlaw argued there is no such requirement for providing notice of amendments to the Rules and Regulations.
• Sufficient Notice: Greenlaw asserted that Mr. Lee received actual notice of the revised rules via the email sent on July 6, 2018.
Analysis of Key Governing Documents
The case revolved around the interpretation of and interplay between several of Greenlaw’s governing documents.
Document
Key Provision / Content
Relevance to Case
CC&R Amendments 1, 2, & 3
These amendments, added to Article II (Permitted Uses), establish specific, conditional parking prohibitions related to fire lanes, snow removal, and abandoned vehicles.
The petitioner argued these amendments represented the only circumstances under which parking could be banned. The ALJ found they were not an exhaustive list.
Bylaws, Article V, Section 1
“Notices to directors and lot owners shall be in writing and delivered personally or mailed to the directors or lot owners at their addresses appearing on the books of the corporation.”
The petitioner cited this to argue that the email notice for the revised rules was improper, thus invalidating the rules. The ALJ sided with the Respondent’s interpretation.
Rules and Regulations (July 2018), Section 8
“Parking is not allowed on any association street or alleyway at any time… cars parked in violation may be booted and/or towed by a contracted independent towing company.” The rule specifies that the streets (Eva, Heidi, Jeffrey Loops) are private and owned by the HOA.
This document contains the explicit, total parking ban at the heart of the dispute. The ALJ found this rule to be the valid and controlling authority.
Administrative Law Judge’s Findings and Conclusions
The ALJ’s decision was based on a comprehensive review of the evidence and legal standards, ultimately concluding that the petitioner failed to prove his case.
Burden of Proof
The decision established that Mr. Lee bore the burden of proof “to establish that Greenlaw violated amendments 1, 2, and 3 of the CC&Rs, and the Greenlaw Rules and Regulations by a preponderance of the evidence.” A preponderance of the evidence is defined as proof that convinces the trier of fact a contention is “more probably true than not.”
Key Conclusions of Law
1. Validity of the 2018 Rules: The ALJ concluded that “the weight of the evidence presented at hearing shows that Greenlaw’s Rules and Regulations were revised effective July 2018 and are the controlling Rules and Regulations of Greenlaw.” Mr. Lee failed to establish that any prior version remained in effect.
2. Scope of CC&R Amendments: The decision found that the CC&R amendments only “provide specific scenarios in which parking on the streets is banned.” They do not restrict the association from implementing a broader ban through its Rules and Regulations. Therefore, the total ban did not violate the CC&Rs.
3. No Violation of Rules: Because the July 2018 rules were found to be controlling, and they explicitly authorize a total parking ban, the ALJ concluded that Greenlaw’s decision did not violate its own Rules and Regulations.
4. Insufficient Evidence of Enforcement: A critical failure in the petitioner’s case was the lack of evidence.
◦ The decision notes, “Mr. Lee provided no evidence that Greenlaw booted or towed any of the vehicles belonging to Greenlaw members.”
◦ His testimony about observing a booted jeep was dismissed as insufficient, as he “did not know who owned the jeep, nor who was responsible for booting the jeep.” The Greenlaw manager’s subsequent comment was not found to be an admission of responsibility.
◦ Mr. Lee did not allege that any of his own vehicles had been booted or towed.
5. No Statutory Violation: The judge found that Mr. Lee failed to establish any violation of Arizona Revised Statutes §§ 33-1803 and 33-1809.
Final Order and Implications
Based on these findings, the Administrative Law Judge issued a final, binding order.
• Order: “IT IS ORDERED that Petitioners’ petition is denied.”
• Appeal Process: As the order resulted from a rehearing, it is binding on the parties. Any party wishing to appeal must seek judicial review in the superior court within thirty-five days from the date the order was served.
Study Guide – 19F-H1918019-REL
Study Guide: Lee v. Greenlaw Townhouses Unit Two (Case No. 19F-H1918019-REL-RHG)
This guide provides a comprehensive review of the administrative law case between William P. Lee and the Greenlaw Townhouses Unit Two Homeowners Association. It covers the central conflict, the arguments presented by both parties, the key legal documents involved, and the final decision rendered by the Administrative Law Judge.
Case Overview
This case centers on a dispute between a homeowner, William P. Lee, and his Homeowners Association (HOA), Greenlaw Townhouses Unit Two. Mr. Lee filed a petition alleging that the HOA’s decision to ban all parking on association streets and contract with a towing company violated the community’s governing documents. The matter was decided by an Administrative Law Judge following a rehearing on April 1, 2019.
Key Parties and Roles
Party/Role
Name / Entity
Description
Petitioner
William P. Lee
A homeowner in Greenlaw Unit Two and member of the HOA who filed the petition against the association.
Respondent
Greenlaw Townhouses Unit Two
The Homeowners Association (HOA) responsible for governing the community, against which the petition was filed.
Legal Counsel
Timothy D. Butterfield, Esq.
Appeared on behalf of the Respondent, Greenlaw Townhouses.
Adjudicator
Velva Moses-Thompson
The Administrative Law Judge from the Office of Administrative Hearings who presided over the rehearing and issued the decision.
Timeline of Key Events
June 16, 1986
Greenlaw Bylaws were recorded at the Coconino County Recorder.
July 2, 1999
Greenlaw Declaration of Covenants, Conditions, and Restrictions (CC&Rs) was recorded.
July 6, 2018
Greenlaw sent an email to members with an attachment containing the revised Rules and Regulations, effective July 2018.
September 12, 2018
William P. Lee filed a petition with the Arizona Department of Real Estate.
December 13, 2018
The original hearing on the petition was conducted.
February 11, 2019
The Department of Real Estate issued an order for a rehearing.
April 1, 2019
The rehearing was held at the Office of Administrative Hearings.
April 22, 2019
The Administrative Law Judge issued the final decision, denying the petitioner’s petition.
The Central Conflict: Parking Regulations
The core of the dispute was Mr. Lee’s allegation that Greenlaw’s comprehensive ban on street parking, as stated in its revised 2018 Rules and Regulations, violated the more specific parking restrictions outlined in the community’s CC&Rs. The validity of the 2018 Rules and Regulations, and the method by which they were distributed to homeowners, was also a key point of contention.
• Violation of CC&Rs: The general ban on street parking violated Amendments 1, 2, and 3 of the CC&Rs, which only banned parking in specific situations (fire lanes, snow removal, abandoned vehicles).
• Improper Notice: Greenlaw failed to provide proper notice of the revised Rules and Regulations. Mr. Lee argued that the HOA’s Bylaws (Article V, Section 1) required notice to be delivered personally or by postal mail, not by email.
• Unclear Communication: The email sent on July 6, 2018, did not clearly state that the rules had been recently changed.
• Invalidity of New Rules: Due to the improper notice, Mr. Lee contended that the 2018 revised Rules and Regulations were not valid or controlling.
• Improper Motivation: Mr. Lee alleged the only reason for the ban was to appease a board member named Barbara who did not want anyone parking behind her property.
• Evidence of Enforcement: Mr. Lee testified that he observed a jeep being booted in a driveway and that the Greenlaw manager’s response implied the HOA’s contracted towing company could boot vehicles in violation.
• Notice Was Sufficient: Greenlaw contended that the Bylaw’s requirement for mail or personal delivery only applied to notices mandated by statute or the CC&Rs.
• No Notice Requirement: The HOA argued that it was not required by law or the CC&Rs to provide homeowners with notice of an amendment to the Rules and Regulations.
• Notice Was Received: Greenlaw asserted that Mr. Lee did, in fact, receive notice of the revised rules via the email sent on July 6, 2018.
• No Proof of Harm: Greenlaw pointed out that Mr. Lee provided no evidence that any vehicles belonging to Greenlaw members had been booted or towed by the association, nor did he allege that one of his own vehicles had been affected.
Governing Documents and Legal Principles
• Amendment #1: Bans parking in designated fire lanes.
• Amendment #2: Bans parking on subdivision roads during snow removal periods.
• Amendment #3: Allows for the towing of vehicles parked at the curb in an obvious state of disrepair for over 72 hours.
• Article V, Section 1: States that notices to directors and lot owners “shall be in writing and delivered personally or mailed.”
• Section 8: Explicitly states, “Parking is not allowed on any association street or alleyway at any time.” It identifies the streets (Eva, Heidi, and Jeffrey Loops) as “Private Fire Access Lanes” owned by the HOA and states that vehicles in violation may be booted and/or towed.
• The petitioner, Mr. Lee, bore the burden of proof to establish his claims by a preponderance of the evidence.
• The source defines preponderance of the evidence as “such proof as convinces the trier of fact that the contention is more probably true than not” and as evidence with “the most convincing force.”
The Judge’s Decision and Rationale
The Administrative Law Judge, Velva Moses-Thompson, denied Mr. Lee’s petition. The key conclusions of law were:
1. Controlling Document: The 2018 revised Rules and Regulations were found to be the valid and controlling rules for the Greenlaw HOA.
2. Authority to Ban Parking: The 2018 Rules and Regulations explicitly allow the association to ban all parking on its streets and to enforce this rule by booting or towing vehicles.
3. No Violation of CC&Rs: The judge concluded that Mr. Lee failed to prove that the general parking ban violated the specific, situational bans outlined in CC&R Amendments 1, 2, and 3. The amendments did not preclude the HOA from enacting a broader rule.
4. Failure to Meet Burden of Proof: Mr. Lee did not establish by a preponderance of the evidence that Greenlaw’s actions violated either the CC&Rs or the Rules and Regulations.
5. Insufficient Evidence of Enforcement: Mr. Lee failed to provide any evidence that Greenlaw was actually responsible for booting the jeep he observed. His testimony was not sufficient to prove the HOA had taken action against any member.
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Quiz: Test Your Understanding
Answer the following questions in 2-3 sentences based on the information in the study guide.
1. What was the central allegation in William P. Lee’s petition against the Greenlaw HOA?
2. What three specific scenarios for parking restrictions are outlined in Amendments 1, 2, and 3 of the Greenlaw CC&Rs?
3. On what grounds did Mr. Lee argue that the 2018 revised Rules and Regulations were not valid?
4. How did Greenlaw defend its use of email to distribute the revised Rules and Regulations to homeowners?
5. According to Section 8 of the revised Rules and Regulations, what are the potential consequences for parking on an association street?
6. What was the judge’s conclusion regarding the validity and authority of the 2018 revised Rules and Regulations?
7. What is the “preponderance of the evidence” standard, and who bore the burden of proof to meet it in this case?
8. Why did the judge find Mr. Lee’s testimony about a booted jeep to be insufficient evidence?
9. Did the judge find that Greenlaw’s general parking ban violated Amendments 1, 2, and 3 of the CC&Rs? Explain why or why not.
10. What was the final order issued by the Administrative Law Judge in this matter?
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Answer Key
1. Mr. Lee’s central allegation was that the Greenlaw HOA had violated its CC&Rs and Rules and Regulations. Specifically, he claimed the association’s decision to ban all parking on its streets and to contract with a company to boot vehicles was improper.
2. The CC&R amendments outline three specific parking restrictions. Amendment 1 bans parking in designated fire lanes, Amendment 2 bans parking on roads during snow removal, and Amendment 3 allows for the towing of abandoned vehicles in a state of disrepair for over 72 hours.
3. Mr. Lee argued the 2018 rules were invalid because he was not given proper notice. He contended that the HOA’s Bylaws required notice to be delivered personally or by postal mail, and that the email he received was not a valid method of distribution.
4. Greenlaw defended its use of email by arguing that the Bylaw’s requirement for personal or mail delivery only applied to notices that were required by statute or the CC&Rs. The HOA contended it was not required by law to provide notice for an amendment to its Rules and Regulations.
5. Section 8 states that cars parked in violation on an association street may be booted and/or towed by a contracted independent towing company. The rule identifies the streets as “Private Fire Access Lanes.”
6. The judge concluded that the Rules and Regulations revised in July 2018 were the controlling rules for Greenlaw. Furthermore, the judge found that these rules do allow the association to ban all parking on its streets and to tow or boot cars in violation.
7. A “preponderance of the evidence” is the standard of proof that convinces a judge that a contention is more probably true than not. In this case, the petitioner, William P. Lee, bore the burden of proving his claims by this standard.
8. The evidence was insufficient because Mr. Lee did not know who owned the jeep or who was responsible for booting it. There was no direct evidence provided that proved Greenlaw or its contractor was responsible for the action.
9. No, the judge did not find that the ban violated the CC&Rs. The judge reasoned that the amendments only provided specific scenarios where parking was banned and did not prevent the HOA from enacting a broader, more general parking ban in its Rules and Regulations.
10. The final order issued by the Administrative Law Judge was that the Petitioner’s (Mr. Lee’s) petition is denied.
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Essay Questions for Deeper Analysis
The following questions are for further reflection. No answers are provided.
1. Analyze the conflict between Greenlaw’s Bylaws (Article V, Section 1) regarding notice and its 2018 distribution of revised Rules and Regulations. Discuss both parties’ arguments and explain how the judge’s ultimate decision implies a resolution to this conflict.
2. Discuss the legal concept of “burden of proof” as it applies to this case. How did William P. Lee’s failure to meet the “preponderance of the evidence” standard affect the outcome of his claims regarding both the parking ban and the alleged booting/towing incidents?
3. Compare and contrast the parking restrictions detailed in the CC&R Amendments with the broader ban instituted in Section 8 of the 2018 Rules and Regulations. Explain why the existence of the specific amendments did not prevent the HOA from enacting a more general rule.
4. Evaluate the evidence presented by Mr. Lee. What were the strengths and weaknesses of his arguments and testimony, particularly concerning the booted jeep and the motivation behind the parking ban?
5. Imagine you are legal counsel for the Greenlaw HOA. Based on the arguments and outcome of this case, what advice would you give the Board of Directors regarding future amendments to its Rules and Regulations to avoid similar disputes?
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Glossary of Key Terms
• Administrative Law Judge (ALJ): An official who presides over hearings at administrative agencies. In this case, Velva Moses-Thompson served as the ALJ for the Office of Administrative Hearings.
• Affirmative Defenses: Arguments made by the respondent that, if proven, can defeat or mitigate the petitioner’s claim. The Respondent (Greenlaw) bears the burden to establish these defenses.
• Burden of Proof: The obligation of a party in a legal case to prove their allegations. In this case, Mr. Lee had the burden of proof to establish his claims.
• Bylaws: A set of rules adopted by an organization, such as an HOA, for governing its internal operations. Greenlaw’s bylaws addressed the method for providing notices to members.
• Covenants, Conditions, and Restrictions (CC&Rs): A set of rules governing the use of land in a planned community or subdivision. Owners agree to be bound by the CC&Rs.
• Homeowners Association (HOA): An organization in a planned community that makes and enforces rules for the properties and its residents. Greenlaw Townhouses Unit Two is the HOA in this case.
• Petitioner: The party who files a petition initiating a legal action. William P. Lee is the Petitioner.
• Preponderance of the Evidence: The standard of proof in which the trier of fact is convinced that a contention is “more probably true than not.” It is described as “the greater weight of the evidence.”
• Respondent: The party against whom a petition is filed; the party who must respond to the claims. Greenlaw Townhouses Unit Two is the Respondent.
• Rules and Regulations: A set of rules established by the HOA, in addition to the CC&Rs and Bylaws, that govern the day-to-day life and conduct within the community. The 2018 revised parking ban was located in Greenlaw’s Rules and Regulations.
Blog Post – 19F-H1918019-REL
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19F-H1918019-REL-RHG
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This document presents an Administrative Law Judge Decision from the Office of Administrative Hearings regarding a dispute between William P. Lee, a homeowner, and Greenlaw Townhouses Unit Two, his Homeowners Association. The central issue revolved around the Greenlaw HOA’s implementation of a comprehensive ban on street parking and its contracting with a towing company to enforce the rule, which Mr. Lee contended violated the association’s governing documents, specifically amendments to the Covenants, Conditions, and Restrictions (CC&Rs), and the proper notification procedures for revised rules. The findings of fact detail the history of the parking rules, the homeowner’s receipt of the electronic notification of the revised rules, and Mr. Lee’s arguments that the association failed to use the required postal mail or personal delivery methods for notice. The Conclusions of Law determined that the controlling rules were the revised July 2018 Rules and Regulations and that Mr. Lee failed to prove by a preponderance of the evidence that the HOA violated either the CC&Rs or relevant Arizona statutes. Consequently, the Judge ordered that the petitioner’s petition be denied.
Based on 1 source
Case Participants
Petitioner Side
William P. Lee(petitioner) Greenlaw Townhouses Unit Two Homeowners Association member Testified on behalf of himself
Respondent Side
Mark K. Sahl(HOA attorney) CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
Timothy D. Butterfield(HOA attorney) Greenlaw Townhouses Unit Two Homeowners Association
Barbara(board member) Greenlaw Townhouses Unit Two Homeowners Association Contended by Lee to be the reason for the parking ban
Neutral Parties
Velva Moses-Thompson(ALJ) Office of Administrative Hearings
Judy Lowe(Commissioner) Arizona Department of Real Estate
Patricia Davies-Brown, Individually and as Trustee of the Trust; BART A. BROWN, JR.; SCOTT R. DAVIES
Counsel
—
Respondent
Starwood Estates Homeowners Association
Counsel
Daniel Campbell & Kristopher L. Smith
Alleged Violations
CC&Rs; Bylaws; Architectural Guidelines
Outcome Summary
The Petitioners' request alleging that the Starwood Estates Homeowners Association violated community documents by approving a copper-colored metal roof was denied. The Administrative Law Judge concluded that Petitioners failed to establish the violation by a preponderance of the evidence, noting that the guidelines prohibiting reflective surfaces applied primarily to windows and doors, not roofs.
Why this result: Petitioners failed to establish by a preponderance of the evidence that Respondent violated its CC&Rs, Bylaws, or Architectural Guidelines.
Key Issues & Findings
Violation of Exterior Appearance and Colors provisions regarding copper-colored metal roof approval
Petitioners alleged that the HOA improperly approved a copper-colored metal roof because it constituted a reflective surface and did not blend with the natural surroundings, violating the community documents. The ALJ denied the petition, finding Petitioners failed to establish by a preponderance of the evidence that the HOA violated its documents, noting the reflective surfaces ban applied to windows and doors, not roofs, and the roof's appearance was acceptable.
Orders: Petitioners' petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(G)(2)
A.A.C. R2-19-119(A)
A.A.C. R2-19-119(B)(1)
A.A.C. R2-19-119(B)(2)
Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
Briefing Document: Davies-Brown v. Starwood Estates HOA
Executive Summary
This document summarizes the administrative hearing and decision in case No. 18F-H1818039-REL, concerning a dispute between homeowners Patricia Davies-Brown, Bart A. Brown, Jr., and Scott R. Davies (the “Petitioners”) and the Starwood Estates Homeowners Association (the “Respondent”). The core of the dispute was the HOA Board of Directors’ 2013 approval of a copper-colored metal roof for homeowners Jeff and Karen Martin.
The Petitioners alleged this approval violated the community’s CC&Rs, Bylaws, and Architectural Guidelines. Their primary arguments were that the roof was an impermissible “reflective surface,” that it did not “blend with the natural surrounding and landscape,” and that the Board lacked the authority to approve it without prior review by the Architectural Committee (ACC) and without viewing a physical sample.
The Respondent defended the Board’s decision, arguing that the Board possessed the authority to grant such approvals. They contended the prohibition on reflective surfaces in the community guidelines applies specifically to windows and doors, not roofing. Furthermore, they asserted that the roof was aesthetically compliant and that other reflective metal roofs exist within the community.
The Administrative Law Judge (ALJ), Velva Moses-Thompson, ruled in favor of the Respondent. The decision, issued on September 14, 2018, denied the petition, concluding that the Petitioners failed to meet their burden of proof. The ALJ found that the Board had the authority to approve the roof, the ban on reflective surfaces did not apply to roofing, and the Petitioners did not establish that the roof failed to blend with its natural surroundings.
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Case Overview
• Case Name: Patricia Davies-Brown, et al. vs. Starwood Estates Homeowners Association
• Case Number: 18F-H1818039-REL
• Forum: Arizona Office of Administrative Hearings
• Presiding Judge: Velva Moses-Thompson, Administrative Law Judge
• Hearing Dates: July 10, 2018, and August 13, 2018
• Final Decision Date: September 14, 2018
Key Parties and Representatives
Name(s)
Representation / Contact
Petitioners
Patricia Davies-Brown, Bart A. Brown, Jr., Scott R. Davies
Appeared on behalf of themselves 9777 E Dreyfus Ave., Scottsdale, AZ 85260 [email protected]
Respondent
Starwood Estates Homeowners Association
Kristopher L. Smith, Esq. O’Connor & Campbell, P.C. 7955 S Priest Dr., Tempe, AZ 85284 [email protected]
Homeowners
Jeff and Karen Martin
Owners of the property with the disputed roof at 8500 Skywood Drive, Pinetop, Arizona (Lot 40 of Starwood Estates).
Core Dispute: The Martin Residence Roof
The central conflict originated in the summer of 2013 when the Starwood Estates Board of Directors approved a request from Jeff and Karen Martin to install a copper-colored metal roof on their home. The approval was passed by a 5-1 vote. Petitioner Scott R. Davies was the sole board member who voted against the approval at that time.
The Board reviewed a brochure containing the roof’s color before granting approval but did not observe a physical sample. However, one Board member, Pat Knight, was reportedly familiar with the appearance of such roofs from a previous home she owned nearby. The petition challenging this 2013 decision was filed on or about March 26, 2018.
Petitioners’ Allegations and Arguments
The Petitioners filed their petition with the Arizona Department of Real Estate, alleging that the HOA violated community governing documents. Their case was built on three central questions:
1. Does the exterior appearance of the Martins’ aluminum copper-colored metal roof blend with the “natural surrounding and landscape” of Starwood Estates?
2. Does such roof constitute a “reflective surface”?
3. If the answer to (1) above is no and/or the answer to (2) above is yes, did the ACC and the Board of Starwood Estates erroneously violate the provisions of the CC&R’s and GUIDELINES in permitting the Martins to install such aluminum copper-colored metal roof…?
During the hearing, the Petitioners expanded on these points, arguing:
• Reflective Surface: The copper-colored roof was a prohibited reflective surface under the Architectural Guidelines.
• Aesthetic Incompatibility: The roof did not blend with the natural surroundings as required.
• Procedural Violations:
◦ The Board violated the CC&Rs by approving the roof without first viewing a physical sample of the material.
◦ The approval was invalid because it should have first been granted by the two-person Architectural Committee (ACC) appointed by the Board.
Respondent’s Defense and Arguments
The Starwood Estates HOA maintained that its approval of the Martin roof was proper and compliant with all governing documents. Their key arguments were:
• Board Authority: The HOA asserted that either the Board of Directors or the Architectural Committee had the authority to approve the roof.
• Interpretation of “Reflective Surfaces”: The Respondent argued that the prohibition on “reflective surfaces” within the Architectural Guidelines applies specifically to windows and doors, not to roofing, which is addressed in a separate section of the guidelines.
• Aesthetic Compliance: They contended the roof, while having a “shine,” was not a barred reflective surface and did blend in with the natural surroundings.
• Precedent: The HOA noted that several other metal roofs that are reflective had been previously approved in Starwood Estates. They submitted images of reflective green and red roofs in the Pinetop Country Club area as evidence.
Referenced Governing Documents
The decision cited specific sections from the HOA’s governing documents to adjudicate the dispute.
• Section 3.1.4: Requires prior written approval from the Architectural Committee for any work that alters the exterior appearance of a Lot.
• Section 5.2: States that approvals or actions to be taken by the Association “shall be valid if given or taken by the Board.”
• Article VII, Section A(2): Grants the Board authority to exercise all powers and duties vested in the Association unless reserved to the membership.
• Article VII, Section B: Empowers the Board to “Review and approve any architectural plan for the building of any improvements on any Lots.”
• Exterior Appearance and Colors: Mandates that exterior appearance “shall blend with the natural surroundings and landscape.” It also states, “Clear aluminum window and doorframes are not permitted, nor are reflective surfaces.” A note requires the owner to submit samples of materials for ACC approval.
• Roofs, Materials, and Pitches: Stipulates that “Metal roofs are permitted only with ACC approval” and that all pitched roof materials “shall promote a continuity of texture and color.”
Evidence Presented
• Petitioner’s Exhibit 13: A photograph of the Martins’ copper-colored roof. The ALJ’s decision noted that while the image showed a reflection, the photograph itself was “blurred.”
• Respondent’s Exhibit 26: The brochure containing the color of the copper-colored roof that the Board reviewed before its 2013 approval.
• Respondent’s Exhibit 7: Images of other reflective green and red metal roofs located in the Pinetop Country Club area, which were previously approved.
• Testimony: Board member Pat Knight’s familiarity with the appearance of copper-colored roofs was noted.
Administrative Law Judge’s Decision and Rationale
The petition was denied. The ALJ found that the Petitioners failed to establish by a preponderance of the evidence that the Respondent violated its CC&Rs, Bylaws, or Architectural Guidelines.
Conclusions of Law
1. Burden of Proof: The Petitioners bore the burden of proving their claims by a “preponderance of the evidence,” defined as evidence that is more probably true than not. They failed to meet this standard.
2. Board Authority: The ALJ concluded that the governing documents allowed for the roof to be approved by either the Architectural Committee or the Board of Directors. The Board’s action was therefore valid.
3. Interpretation of Reflective Surfaces: The evidence established that the prohibition on “reflective surfaces” in the Architectural Guidelines applies to windows and doors. Roofs are addressed in a separate section of the guidelines. The existence of other approved shiny metal roofs further supported this interpretation.
4. Aesthetic Compliance: The Petitioners did not provide sufficient evidence to prove that the copper-colored roof failed to blend in with the natural surroundings.
Final Order
IT IS ORDERED that Petitioners’ petition is denied because Petitioners have not established that Respondent violated the Community Bylaws, Community CC&Rs, and the Community Architectural Guidelines when Respondent approved the Martins’ request to install the copper-colored roof.
The order was made binding unless a rehearing was requested within 30 days of service.
Study Guide – 18F-H1818039-REL
Study Guide: Davies-Brown v. Starwood Estates HOA (Case No. 18F-H1818039-REL)
This guide provides a comprehensive review of the administrative hearing case between Patricia Davies-Brown, et al., and the Starwood Estates Homeowners Association. It includes a short-answer quiz to test factual recall, essay questions for deeper analysis, and a glossary of key terms as defined within the context of the provided legal documents.
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Short-Answer Quiz
Answer the following questions in two to three sentences, drawing exclusively from the information presented in the case documents.
1. Who were the primary parties involved in Case No. 18F-H1818039-REL?
2. What specific architectural feature was the central point of the dispute?
3. What were the three main questions the Petitioners raised in their petition filed on March 26, 2018?
4. How did the Respondent (Starwood Estates HOA) justify the approval of other reflective metal roofs in the community?
5. According to the Petitioners, which two procedural errors did the Board of Directors commit when approving the Martins’ roof?
6. What was the Administrative Law Judge’s conclusion regarding the prohibition of “reflective surfaces” in the Architectural Guidelines?
7. What is the legal standard of proof the Petitioners were required to meet, and did they succeed?
8. Which governing documents grant the Board of Directors the authority to approve architectural plans?
9. When was the disputed roof originally approved by the Board, and what was the vote count?
10. What evidence did the Board review before its initial approval, and what evidence was not reviewed at that time?
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Answer Key
1. The Petitioners were Patricia Davies-Brown (Individually and as Trustee of the Trust), Bart A. Brown, Jr., and Scott R. Davies. The Respondent was the Starwood Estates Homeowners Association.
2. The central dispute was an aluminum, “copper-colored metal roof” installed by homeowners Jeff and Karen Martin on their property at Lot 40 of Starwood Estates. The Petitioners challenged the HOA Board’s approval of this roof.
3. The Petitioners’ petition questioned whether the roof blended with the “natural surrounding and landscape,” whether it constituted a “reflective surface,” and if so, whether the Board and ACC violated the CC&Rs and Guidelines by permitting it.
4. The Respondent submitted evidence of other reflective green and red metal roofs within the Pinetop Country Club area that had been previously approved by the Board. This was used to argue that roofs with a shine were not explicitly barred.
5. The Petitioners contended the Board violated the CC&Rs by approving the roof without first viewing a physical sample. They also argued that the roof required approval from the two-person Architectural Committee (ACC) and could not be approved by the Board alone.
6. The Judge concluded that the bar on reflective surfaces, as written in the Architectural Guidelines, applies specifically to windows and doors. Roofs are addressed in a separate section of the guidelines that does not contain the same prohibition.
7. The Petitioners bore the burden of proof to establish their case by a “preponderance of the evidence,” which means showing their contention is more probably true than not. The Judge ruled that they failed to meet this standard.
8. Section 5.2 of the CC&Rs states that actions taken by the Board are valid, and Article VII of the Starwood Bylaws grants the Board the power to exercise Association authority and to review and approve architectural plans. The Judge found this authority allowed the Board to approve the roof.
9. The roof was approved by the Board of Directors in the summer of 2013. The approval passed with a 5-1 vote, with Petitioner Scott R. Davies being the sole board member who voted against it.
10. Before approving the roof, the Board reviewed a brochure containing the color of the copper-colored roof. However, the Board did not observe a physical sample of the actual roofing material.
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Essay Questions for Further Study
The following questions are designed for deeper, analytical consideration of the case. Answers are not provided.
1. Analyze the conflict between CC&Rs Section 3.1.4 (requiring ACC approval) and other governing documents (like CC&Rs Section 5.2 and Bylaws Article VII) that grant broad authority to the Board. How did the Administrative Law Judge resolve this apparent contradiction in the final decision?
2. Discuss the concept of “burden of proof” as it applied in this case. Explain what “preponderance of the evidence” means and detail why the Petitioners failed to meet this standard with respect to their claims about the roof’s reflective nature and its harmony with the natural surroundings.
3. Examine the interpretation of the Architectural Guidelines regarding “reflective surfaces.” How did the Respondent and the Administrative Law Judge construe this rule, and what evidence and reasoning supported their interpretation over the Petitioners’ broader application?
4. Evaluate the evidence presented by both the Petitioners and the Respondent. Discuss the strengths and weaknesses of each party’s evidence (e.g., the blurred photograph vs. the brochure and photos of other roofs) and explain how this likely influenced the outcome of the case.
5. Based on the issues raised in this case, what specific changes or clarifications could be made to the community’s CC&Rs and Architectural Guidelines to prevent similar disputes in the future?
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Glossary of Key Terms
Definition in Context
ACC (Architectural Committee)
A committee, as referenced in the CC&Rs and Architectural Guidelines, responsible for approving exterior alterations and ensuring all building materials and colors conform to community standards.
Administrative Law Judge (ALJ)
The presiding official (Velva Moses-Thompson) at the Office of Administrative Hearings who conducts hearings, evaluates evidence, and issues a binding decision on the matter.
Architectural Guidelines
A set of community documents establishing goals and specific rules for exterior appearance, colors, materials, and site development to retain the character of Starwood Estates.
Board of Directors (Board)
The governing body of the Starwood Estates Homeowners Association, which is empowered by the CC&Rs and Bylaws to conduct the affairs of the Association and approve architectural plans.
Bylaws
The rules and regulations that govern the internal operations of the Starwood Estates Homeowners Association, including the powers and duties of the Board of Directors.
Covenants, Conditions, and Restrictions. Legally binding rules recorded with the property deeds in the Starwood Estates community that govern what homeowners may or may not do with their property.
Conclusions of Law
The section of the ALJ’s decision that applies legal principles, statutes, and case law to the established facts of the case to reach a final judgment.
Findings of Fact
The section of the ALJ’s decision that formally lists the factual determinations made by the judge based on the evidence presented at the hearing.
Petitioner
The party that initiates a legal action by filing a petition. In this case, Patricia Davies-Brown, Bart A. Brown, Jr., and Scott R. Davies, who brought the complaint against the HOA.
Preponderance of the evidence
The standard of proof required in this administrative hearing. It is defined as evidence that is more convincing and has a greater weight than the evidence offered in opposition, persuading the fact-finder that a contention is more likely true than not.
Respondent
The party against whom a petition is filed. In this case, the Starwood Estates Homeowners Association, which had to defend its decision to approve the roof.
Restrictive Covenant
A provision in a deed or community document (like a CC&R) that limits the use of the property. In Arizona, if unambiguous, these are enforced to give effect to the intent of the parties.
Blog Post – 18F-H1818039-REL
This Copper Roof Caused a Legal Battle: 3 Surprising Lessons Every Homeowner Should Learn
Introduction: The Neighborhood Dispute That Went to Court
The relationship between homeowners and their Homeowners Association (HOA) can be a delicate balance. Architectural rules, designed to maintain a community’s aesthetic, often become a source of friction. But what happens when a disagreement over design choices escalates?
In the case of Davies-Brown v. Starwood Estates Homeowners Association, a dispute over Jeff and Karen Martin’s new copper-colored metal roof didn’t just cause whispers over the fence—it went all the way to a formal administrative hearing. When the HOA board approved the roof in a 5-1 vote, the lone dissenting board member, Scott R. Davies, joined two other homeowners to formally challenge the decision.
This seemingly simple disagreement over a roofing material reveals several powerful, and often counter-intuitive, lessons for anyone living in a planned community. From the structural placement of a single sentence to the evidentiary power of a blurry photograph, this case offers a masterclass in HOA law. Here are three surprising lessons every homeowner should learn.
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1. The Devil in the Document: How a Single Sentence Can Decide Everything
The first major lesson from this case is that the hyper-specific wording and structure of your community guidelines are paramount. The location and context of a rule can be just as important as the rule itself.
The petitioners’ core argument was that the copper-colored roof violated the Architectural Guidelines because it was a “reflective surface,” which they believed was forbidden. On the surface, this seems like a straightforward complaint.
However, the HOA mounted a successful counter-argument based on document structure. The Administrative Law Judge agreed with the HOA’s interpretation. The rules for roofs were addressed in a distinct section titled “Roofs, Materials, and Pitches.” The ban on “reflective surfaces,” meanwhile, was located in an entirely separate section, “Exterior Appearance and Colors,” which also contained rules for windows and doors. This seemingly minor structural detail was the deciding factor on this point.
The exact rule the petitioners cited, found in the “Exterior Appearance and Colors” section, illustrates the point perfectly:
Clear aluminum window and doorframes are not permitted, nor are reflective surfaces.
Because this prohibition was not located in the roofing section, the judge concluded it applied only to windows, doors, and general exterior surfaces—not roofs. This case highlights that homeowners must read their community documents with extreme care. A prohibition you think is universal might, in fact, be limited to a very specific context by its placement in the text.
2. The Power of Precedent: What Your Neighbors Did Years Ago Matters Today
The second key takeaway is that an HOA board’s decisions can be heavily influenced by the character of the surrounding area, not just by what has been approved inside the development’s gates.
During the hearing, the HOA presented evidence of other reflective metal roofs, including green and red ones, that existed in the broader Pinetop Country Club area. Starwood Estates is part of this larger community, and the judge’s official findings noted this evidence, which significantly supported the HOA’s position to approve the Martins’ copper-colored roof.
This reveals a nuanced lesson: an HOA doesn’t exist in a vacuum. Once a certain style or material becomes common in the surrounding region, it can establish a de facto community standard. This makes it significantly more difficult for other homeowners to argue against a similar request, as the board can point to the broader neighborhood aesthetic to justify its decision. Before you challenge a project, it’s crucial to look not only at what has been approved within your HOA, but also at the character of the community at large.
3. The Burden of Proof: Your Complaint Is Only as Good as Your Evidence
The third critical lesson is that in any formal dispute, the quality of your evidence is non-negotiable. A subjective feeling or personal opinion holds little weight without objective proof.
The petitioners attempted to prove the roof was overly reflective by submitting a photograph as evidence. However, the judge’s official findings delivered a devastating blow, noting with precise and revealing language: “Although the image showed a reflective the image, the photograph was blurred.”
This detail underscores a vital point: in a legal or formal setting, a complaint must be backed by clear, objective proof. Weak or poor-quality evidence, like a blurred photo, can completely undermine an otherwise valid concern. Even though the image hinted at the issue, its poor quality rendered it useless. If you are going to make a claim, the burden is on you to prove it with convincing, high-quality evidence. Without it, your case is likely to be dismissed.
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Conclusion: Before You Build or Battle, Do Your Homework
The Starwood Estates case serves as a powerful reminder that navigating HOA rules requires diligence. From this single dispute over a copper roof, we learn to read the fine print—and the structure—of governing documents, understand the power of aesthetic standards in the broader community, and ensure any complaint is backed by strong, clear evidence.
The next time you plan a home project or question a neighbor’s, ask yourself: have you really done your homework on the rules, the history, and the facts?
Case Participants
Petitioner Side
Patricia Davies-Brown(petitioner) Appeared on behalf of petitioners
Bart A. Brown, Jr.(petitioner)
Scott R. Davies(petitioner, board member) Starwood Estates HOA Board Voted against the roof approval
Respondent Side
Kristopher L. Smith(HOA attorney) O'Connor & Campbell, P.C. Appeared on behalf of Respondent
Daniel Campbell(HOA attorney) O'Connor & Campbell, P.C.
Pat Knight(board member) Starwood Estates HOA Board
Neutral Parties
Velva Moses-Thompson(ALJ) Office of Administrative Hearings
Judy Lowe(Commissioner) Arizona Department of Real Estate
L Dettorre(ADRE Staff) Arizona Department of Real Estate
A Hansen(ADRE Staff) Arizona Department of Real Estate
D Jones(ADRE Staff) Arizona Department of Real Estate
D Gardner(ADRE Staff) Arizona Department of Real Estate
N Cano(ADRE Staff) Arizona Department of Real Estate
C Serrano(OAH Staff) Office of Administrative Hearings Transmitted the order
Other Participants
Jeff Martin(Starwood Estates resident) Starwood Estates Property owner whose roof was subject of the dispute
Karen Martin(Starwood Estates resident) Starwood Estates Property owner whose roof was subject of the dispute
Patricia Davies-Brown, Individually and as Trustee of the Trust; BART A. BROWN, JR.; SCOTT R. DAVIES
Counsel
—
Respondent
Starwood Estates Homeowners Association
Counsel
Daniel Campbell & Kristopher L. Smith
Alleged Violations
CC&Rs; Bylaws; Architectural Guidelines
Outcome Summary
The Petitioners' request alleging that the Starwood Estates Homeowners Association violated community documents by approving a copper-colored metal roof was denied. The Administrative Law Judge concluded that Petitioners failed to establish the violation by a preponderance of the evidence, noting that the guidelines prohibiting reflective surfaces applied primarily to windows and doors, not roofs.
Why this result: Petitioners failed to establish by a preponderance of the evidence that Respondent violated its CC&Rs, Bylaws, or Architectural Guidelines.
Key Issues & Findings
Violation of Exterior Appearance and Colors provisions regarding copper-colored metal roof approval
Petitioners alleged that the HOA improperly approved a copper-colored metal roof because it constituted a reflective surface and did not blend with the natural surroundings, violating the community documents. The ALJ denied the petition, finding Petitioners failed to establish by a preponderance of the evidence that the HOA violated its documents, noting the reflective surfaces ban applied to windows and doors, not roofs, and the roof's appearance was acceptable.
Orders: Petitioners' petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(G)(2)
A.A.C. R2-19-119(A)
A.A.C. R2-19-119(B)(1)
A.A.C. R2-19-119(B)(2)
Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
Briefing Document: Davies-Brown v. Starwood Estates HOA
Executive Summary
This document summarizes the administrative hearing and decision in case No. 18F-H1818039-REL, concerning a dispute between homeowners Patricia Davies-Brown, Bart A. Brown, Jr., and Scott R. Davies (the “Petitioners”) and the Starwood Estates Homeowners Association (the “Respondent”). The core of the dispute was the HOA Board of Directors’ 2013 approval of a copper-colored metal roof for homeowners Jeff and Karen Martin.
The Petitioners alleged this approval violated the community’s CC&Rs, Bylaws, and Architectural Guidelines. Their primary arguments were that the roof was an impermissible “reflective surface,” that it did not “blend with the natural surrounding and landscape,” and that the Board lacked the authority to approve it without prior review by the Architectural Committee (ACC) and without viewing a physical sample.
The Respondent defended the Board’s decision, arguing that the Board possessed the authority to grant such approvals. They contended the prohibition on reflective surfaces in the community guidelines applies specifically to windows and doors, not roofing. Furthermore, they asserted that the roof was aesthetically compliant and that other reflective metal roofs exist within the community.
The Administrative Law Judge (ALJ), Velva Moses-Thompson, ruled in favor of the Respondent. The decision, issued on September 14, 2018, denied the petition, concluding that the Petitioners failed to meet their burden of proof. The ALJ found that the Board had the authority to approve the roof, the ban on reflective surfaces did not apply to roofing, and the Petitioners did not establish that the roof failed to blend with its natural surroundings.
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Case Overview
• Case Name: Patricia Davies-Brown, et al. vs. Starwood Estates Homeowners Association
• Case Number: 18F-H1818039-REL
• Forum: Arizona Office of Administrative Hearings
• Presiding Judge: Velva Moses-Thompson, Administrative Law Judge
• Hearing Dates: July 10, 2018, and August 13, 2018
• Final Decision Date: September 14, 2018
Key Parties and Representatives
Name(s)
Representation / Contact
Petitioners
Patricia Davies-Brown, Bart A. Brown, Jr., Scott R. Davies
Appeared on behalf of themselves 9777 E Dreyfus Ave., Scottsdale, AZ 85260 [email protected]
Respondent
Starwood Estates Homeowners Association
Kristopher L. Smith, Esq. O’Connor & Campbell, P.C. 7955 S Priest Dr., Tempe, AZ 85284 [email protected]
Homeowners
Jeff and Karen Martin
Owners of the property with the disputed roof at 8500 Skywood Drive, Pinetop, Arizona (Lot 40 of Starwood Estates).
Core Dispute: The Martin Residence Roof
The central conflict originated in the summer of 2013 when the Starwood Estates Board of Directors approved a request from Jeff and Karen Martin to install a copper-colored metal roof on their home. The approval was passed by a 5-1 vote. Petitioner Scott R. Davies was the sole board member who voted against the approval at that time.
The Board reviewed a brochure containing the roof’s color before granting approval but did not observe a physical sample. However, one Board member, Pat Knight, was reportedly familiar with the appearance of such roofs from a previous home she owned nearby. The petition challenging this 2013 decision was filed on or about March 26, 2018.
Petitioners’ Allegations and Arguments
The Petitioners filed their petition with the Arizona Department of Real Estate, alleging that the HOA violated community governing documents. Their case was built on three central questions:
1. Does the exterior appearance of the Martins’ aluminum copper-colored metal roof blend with the “natural surrounding and landscape” of Starwood Estates?
2. Does such roof constitute a “reflective surface”?
3. If the answer to (1) above is no and/or the answer to (2) above is yes, did the ACC and the Board of Starwood Estates erroneously violate the provisions of the CC&R’s and GUIDELINES in permitting the Martins to install such aluminum copper-colored metal roof…?
During the hearing, the Petitioners expanded on these points, arguing:
• Reflective Surface: The copper-colored roof was a prohibited reflective surface under the Architectural Guidelines.
• Aesthetic Incompatibility: The roof did not blend with the natural surroundings as required.
• Procedural Violations:
◦ The Board violated the CC&Rs by approving the roof without first viewing a physical sample of the material.
◦ The approval was invalid because it should have first been granted by the two-person Architectural Committee (ACC) appointed by the Board.
Respondent’s Defense and Arguments
The Starwood Estates HOA maintained that its approval of the Martin roof was proper and compliant with all governing documents. Their key arguments were:
• Board Authority: The HOA asserted that either the Board of Directors or the Architectural Committee had the authority to approve the roof.
• Interpretation of “Reflective Surfaces”: The Respondent argued that the prohibition on “reflective surfaces” within the Architectural Guidelines applies specifically to windows and doors, not to roofing, which is addressed in a separate section of the guidelines.
• Aesthetic Compliance: They contended the roof, while having a “shine,” was not a barred reflective surface and did blend in with the natural surroundings.
• Precedent: The HOA noted that several other metal roofs that are reflective had been previously approved in Starwood Estates. They submitted images of reflective green and red roofs in the Pinetop Country Club area as evidence.
Referenced Governing Documents
The decision cited specific sections from the HOA’s governing documents to adjudicate the dispute.
• Section 3.1.4: Requires prior written approval from the Architectural Committee for any work that alters the exterior appearance of a Lot.
• Section 5.2: States that approvals or actions to be taken by the Association “shall be valid if given or taken by the Board.”
• Article VII, Section A(2): Grants the Board authority to exercise all powers and duties vested in the Association unless reserved to the membership.
• Article VII, Section B: Empowers the Board to “Review and approve any architectural plan for the building of any improvements on any Lots.”
• Exterior Appearance and Colors: Mandates that exterior appearance “shall blend with the natural surroundings and landscape.” It also states, “Clear aluminum window and doorframes are not permitted, nor are reflective surfaces.” A note requires the owner to submit samples of materials for ACC approval.
• Roofs, Materials, and Pitches: Stipulates that “Metal roofs are permitted only with ACC approval” and that all pitched roof materials “shall promote a continuity of texture and color.”
Evidence Presented
• Petitioner’s Exhibit 13: A photograph of the Martins’ copper-colored roof. The ALJ’s decision noted that while the image showed a reflection, the photograph itself was “blurred.”
• Respondent’s Exhibit 26: The brochure containing the color of the copper-colored roof that the Board reviewed before its 2013 approval.
• Respondent’s Exhibit 7: Images of other reflective green and red metal roofs located in the Pinetop Country Club area, which were previously approved.
• Testimony: Board member Pat Knight’s familiarity with the appearance of copper-colored roofs was noted.
Administrative Law Judge’s Decision and Rationale
The petition was denied. The ALJ found that the Petitioners failed to establish by a preponderance of the evidence that the Respondent violated its CC&Rs, Bylaws, or Architectural Guidelines.
Conclusions of Law
1. Burden of Proof: The Petitioners bore the burden of proving their claims by a “preponderance of the evidence,” defined as evidence that is more probably true than not. They failed to meet this standard.
2. Board Authority: The ALJ concluded that the governing documents allowed for the roof to be approved by either the Architectural Committee or the Board of Directors. The Board’s action was therefore valid.
3. Interpretation of Reflective Surfaces: The evidence established that the prohibition on “reflective surfaces” in the Architectural Guidelines applies to windows and doors. Roofs are addressed in a separate section of the guidelines. The existence of other approved shiny metal roofs further supported this interpretation.
4. Aesthetic Compliance: The Petitioners did not provide sufficient evidence to prove that the copper-colored roof failed to blend in with the natural surroundings.
Final Order
IT IS ORDERED that Petitioners’ petition is denied because Petitioners have not established that Respondent violated the Community Bylaws, Community CC&Rs, and the Community Architectural Guidelines when Respondent approved the Martins’ request to install the copper-colored roof.
The order was made binding unless a rehearing was requested within 30 days of service.
Study Guide – 18F-H1818039-REL
Study Guide: Davies-Brown v. Starwood Estates HOA (Case No. 18F-H1818039-REL)
This guide provides a comprehensive review of the administrative hearing case between Patricia Davies-Brown, et al., and the Starwood Estates Homeowners Association. It includes a short-answer quiz to test factual recall, essay questions for deeper analysis, and a glossary of key terms as defined within the context of the provided legal documents.
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Short-Answer Quiz
Answer the following questions in two to three sentences, drawing exclusively from the information presented in the case documents.
1. Who were the primary parties involved in Case No. 18F-H1818039-REL?
2. What specific architectural feature was the central point of the dispute?
3. What were the three main questions the Petitioners raised in their petition filed on March 26, 2018?
4. How did the Respondent (Starwood Estates HOA) justify the approval of other reflective metal roofs in the community?
5. According to the Petitioners, which two procedural errors did the Board of Directors commit when approving the Martins’ roof?
6. What was the Administrative Law Judge’s conclusion regarding the prohibition of “reflective surfaces” in the Architectural Guidelines?
7. What is the legal standard of proof the Petitioners were required to meet, and did they succeed?
8. Which governing documents grant the Board of Directors the authority to approve architectural plans?
9. When was the disputed roof originally approved by the Board, and what was the vote count?
10. What evidence did the Board review before its initial approval, and what evidence was not reviewed at that time?
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Answer Key
1. The Petitioners were Patricia Davies-Brown (Individually and as Trustee of the Trust), Bart A. Brown, Jr., and Scott R. Davies. The Respondent was the Starwood Estates Homeowners Association.
2. The central dispute was an aluminum, “copper-colored metal roof” installed by homeowners Jeff and Karen Martin on their property at Lot 40 of Starwood Estates. The Petitioners challenged the HOA Board’s approval of this roof.
3. The Petitioners’ petition questioned whether the roof blended with the “natural surrounding and landscape,” whether it constituted a “reflective surface,” and if so, whether the Board and ACC violated the CC&Rs and Guidelines by permitting it.
4. The Respondent submitted evidence of other reflective green and red metal roofs within the Pinetop Country Club area that had been previously approved by the Board. This was used to argue that roofs with a shine were not explicitly barred.
5. The Petitioners contended the Board violated the CC&Rs by approving the roof without first viewing a physical sample. They also argued that the roof required approval from the two-person Architectural Committee (ACC) and could not be approved by the Board alone.
6. The Judge concluded that the bar on reflective surfaces, as written in the Architectural Guidelines, applies specifically to windows and doors. Roofs are addressed in a separate section of the guidelines that does not contain the same prohibition.
7. The Petitioners bore the burden of proof to establish their case by a “preponderance of the evidence,” which means showing their contention is more probably true than not. The Judge ruled that they failed to meet this standard.
8. Section 5.2 of the CC&Rs states that actions taken by the Board are valid, and Article VII of the Starwood Bylaws grants the Board the power to exercise Association authority and to review and approve architectural plans. The Judge found this authority allowed the Board to approve the roof.
9. The roof was approved by the Board of Directors in the summer of 2013. The approval passed with a 5-1 vote, with Petitioner Scott R. Davies being the sole board member who voted against it.
10. Before approving the roof, the Board reviewed a brochure containing the color of the copper-colored roof. However, the Board did not observe a physical sample of the actual roofing material.
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Essay Questions for Further Study
The following questions are designed for deeper, analytical consideration of the case. Answers are not provided.
1. Analyze the conflict between CC&Rs Section 3.1.4 (requiring ACC approval) and other governing documents (like CC&Rs Section 5.2 and Bylaws Article VII) that grant broad authority to the Board. How did the Administrative Law Judge resolve this apparent contradiction in the final decision?
2. Discuss the concept of “burden of proof” as it applied in this case. Explain what “preponderance of the evidence” means and detail why the Petitioners failed to meet this standard with respect to their claims about the roof’s reflective nature and its harmony with the natural surroundings.
3. Examine the interpretation of the Architectural Guidelines regarding “reflective surfaces.” How did the Respondent and the Administrative Law Judge construe this rule, and what evidence and reasoning supported their interpretation over the Petitioners’ broader application?
4. Evaluate the evidence presented by both the Petitioners and the Respondent. Discuss the strengths and weaknesses of each party’s evidence (e.g., the blurred photograph vs. the brochure and photos of other roofs) and explain how this likely influenced the outcome of the case.
5. Based on the issues raised in this case, what specific changes or clarifications could be made to the community’s CC&Rs and Architectural Guidelines to prevent similar disputes in the future?
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Glossary of Key Terms
Definition in Context
ACC (Architectural Committee)
A committee, as referenced in the CC&Rs and Architectural Guidelines, responsible for approving exterior alterations and ensuring all building materials and colors conform to community standards.
Administrative Law Judge (ALJ)
The presiding official (Velva Moses-Thompson) at the Office of Administrative Hearings who conducts hearings, evaluates evidence, and issues a binding decision on the matter.
Architectural Guidelines
A set of community documents establishing goals and specific rules for exterior appearance, colors, materials, and site development to retain the character of Starwood Estates.
Board of Directors (Board)
The governing body of the Starwood Estates Homeowners Association, which is empowered by the CC&Rs and Bylaws to conduct the affairs of the Association and approve architectural plans.
Bylaws
The rules and regulations that govern the internal operations of the Starwood Estates Homeowners Association, including the powers and duties of the Board of Directors.
Covenants, Conditions, and Restrictions. Legally binding rules recorded with the property deeds in the Starwood Estates community that govern what homeowners may or may not do with their property.
Conclusions of Law
The section of the ALJ’s decision that applies legal principles, statutes, and case law to the established facts of the case to reach a final judgment.
Findings of Fact
The section of the ALJ’s decision that formally lists the factual determinations made by the judge based on the evidence presented at the hearing.
Petitioner
The party that initiates a legal action by filing a petition. In this case, Patricia Davies-Brown, Bart A. Brown, Jr., and Scott R. Davies, who brought the complaint against the HOA.
Preponderance of the evidence
The standard of proof required in this administrative hearing. It is defined as evidence that is more convincing and has a greater weight than the evidence offered in opposition, persuading the fact-finder that a contention is more likely true than not.
Respondent
The party against whom a petition is filed. In this case, the Starwood Estates Homeowners Association, which had to defend its decision to approve the roof.
Restrictive Covenant
A provision in a deed or community document (like a CC&R) that limits the use of the property. In Arizona, if unambiguous, these are enforced to give effect to the intent of the parties.
Blog Post – 18F-H1818039-REL
This Copper Roof Caused a Legal Battle: 3 Surprising Lessons Every Homeowner Should Learn
Introduction: The Neighborhood Dispute That Went to Court
The relationship between homeowners and their Homeowners Association (HOA) can be a delicate balance. Architectural rules, designed to maintain a community’s aesthetic, often become a source of friction. But what happens when a disagreement over design choices escalates?
In the case of Davies-Brown v. Starwood Estates Homeowners Association, a dispute over Jeff and Karen Martin’s new copper-colored metal roof didn’t just cause whispers over the fence—it went all the way to a formal administrative hearing. When the HOA board approved the roof in a 5-1 vote, the lone dissenting board member, Scott R. Davies, joined two other homeowners to formally challenge the decision.
This seemingly simple disagreement over a roofing material reveals several powerful, and often counter-intuitive, lessons for anyone living in a planned community. From the structural placement of a single sentence to the evidentiary power of a blurry photograph, this case offers a masterclass in HOA law. Here are three surprising lessons every homeowner should learn.
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1. The Devil in the Document: How a Single Sentence Can Decide Everything
The first major lesson from this case is that the hyper-specific wording and structure of your community guidelines are paramount. The location and context of a rule can be just as important as the rule itself.
The petitioners’ core argument was that the copper-colored roof violated the Architectural Guidelines because it was a “reflective surface,” which they believed was forbidden. On the surface, this seems like a straightforward complaint.
However, the HOA mounted a successful counter-argument based on document structure. The Administrative Law Judge agreed with the HOA’s interpretation. The rules for roofs were addressed in a distinct section titled “Roofs, Materials, and Pitches.” The ban on “reflective surfaces,” meanwhile, was located in an entirely separate section, “Exterior Appearance and Colors,” which also contained rules for windows and doors. This seemingly minor structural detail was the deciding factor on this point.
The exact rule the petitioners cited, found in the “Exterior Appearance and Colors” section, illustrates the point perfectly:
Clear aluminum window and doorframes are not permitted, nor are reflective surfaces.
Because this prohibition was not located in the roofing section, the judge concluded it applied only to windows, doors, and general exterior surfaces—not roofs. This case highlights that homeowners must read their community documents with extreme care. A prohibition you think is universal might, in fact, be limited to a very specific context by its placement in the text.
2. The Power of Precedent: What Your Neighbors Did Years Ago Matters Today
The second key takeaway is that an HOA board’s decisions can be heavily influenced by the character of the surrounding area, not just by what has been approved inside the development’s gates.
During the hearing, the HOA presented evidence of other reflective metal roofs, including green and red ones, that existed in the broader Pinetop Country Club area. Starwood Estates is part of this larger community, and the judge’s official findings noted this evidence, which significantly supported the HOA’s position to approve the Martins’ copper-colored roof.
This reveals a nuanced lesson: an HOA doesn’t exist in a vacuum. Once a certain style or material becomes common in the surrounding region, it can establish a de facto community standard. This makes it significantly more difficult for other homeowners to argue against a similar request, as the board can point to the broader neighborhood aesthetic to justify its decision. Before you challenge a project, it’s crucial to look not only at what has been approved within your HOA, but also at the character of the community at large.
3. The Burden of Proof: Your Complaint Is Only as Good as Your Evidence
The third critical lesson is that in any formal dispute, the quality of your evidence is non-negotiable. A subjective feeling or personal opinion holds little weight without objective proof.
The petitioners attempted to prove the roof was overly reflective by submitting a photograph as evidence. However, the judge’s official findings delivered a devastating blow, noting with precise and revealing language: “Although the image showed a reflective the image, the photograph was blurred.”
This detail underscores a vital point: in a legal or formal setting, a complaint must be backed by clear, objective proof. Weak or poor-quality evidence, like a blurred photo, can completely undermine an otherwise valid concern. Even though the image hinted at the issue, its poor quality rendered it useless. If you are going to make a claim, the burden is on you to prove it with convincing, high-quality evidence. Without it, your case is likely to be dismissed.
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Conclusion: Before You Build or Battle, Do Your Homework
The Starwood Estates case serves as a powerful reminder that navigating HOA rules requires diligence. From this single dispute over a copper roof, we learn to read the fine print—and the structure—of governing documents, understand the power of aesthetic standards in the broader community, and ensure any complaint is backed by strong, clear evidence.
The next time you plan a home project or question a neighbor’s, ask yourself: have you really done your homework on the rules, the history, and the facts?
Case Participants
Petitioner Side
Patricia Davies-Brown(petitioner) Appeared on behalf of petitioners
Bart A. Brown, Jr.(petitioner)
Scott R. Davies(petitioner, board member) Starwood Estates HOA Board Voted against the roof approval
Respondent Side
Kristopher L. Smith(HOA attorney) O'Connor & Campbell, P.C. Appeared on behalf of Respondent
Daniel Campbell(HOA attorney) O'Connor & Campbell, P.C.
Pat Knight(board member) Starwood Estates HOA Board
Neutral Parties
Velva Moses-Thompson(ALJ) Office of Administrative Hearings
Judy Lowe(Commissioner) Arizona Department of Real Estate
L Dettorre(ADRE Staff) Arizona Department of Real Estate
A Hansen(ADRE Staff) Arizona Department of Real Estate
D Jones(ADRE Staff) Arizona Department of Real Estate
D Gardner(ADRE Staff) Arizona Department of Real Estate
N Cano(ADRE Staff) Arizona Department of Real Estate
C Serrano(OAH Staff) Office of Administrative Hearings Transmitted the order
Other Participants
Jeff Martin(Starwood Estates resident) Starwood Estates Property owner whose roof was subject of the dispute
Karen Martin(Starwood Estates resident) Starwood Estates Property owner whose roof was subject of the dispute
Bridgewood Nine 30 Property Owners Association, Inc. aka Bridgewood Townhomes
Counsel
Mark E. Lines and R. Patrick Whelan
Alleged Violations
CC&R § 5(G)
Outcome Summary
The ALJ denied the petition, concluding the Respondent HOA did not unreasonably deny the Petitioner's architectural request. The HOA's standard specification requiring 4” x 8” x 16” CMU blocks for courtyard walls was found to be reasonable for maintaining architectural continuity consistent with the original Al Beadle design of the community.
Why this result: Petitioner failed to prove that the HOA's denial was unreasonable or that the specified 4” x 8” x 16” CMU block was inferior to the 8” x 8” x 16” CMU block she requested, and compliance with the HOA's reasonable specifications was required.
Key Issues & Findings
Unreasonable denial of architectural request to build a courtyard wall
Petitioner alleged the HOA violated CC&R § 5(G) by unreasonably denying her request to construct a courtyard wall using 8” x 8” x 16” CMU blocks, which did not comply with the HOA's Wall Construction Specifications & Conditions requiring 4” x 8” x 16” CMU blocks.
Orders: Petition denied because Petitioner failed to establish that CC&R § 5(G) required the Respondent to approve her Architectural Request which did not comply with Respondent’s Wall Construction Specifications & Conditions.
Briefing Document: Westerman v. Bridgewood Townhomes HOA (Case No. 18F-H1818028-REL)
Executive Summary
This document synthesizes the findings and decision in the case of Debbie Westerman versus the Bridgewood Nine 30 Property Owners Association, Inc. (HOA). The central conflict involved the HOA’s denial of Ms. Westerman’s architectural request to construct a courtyard wall using 8” x 8” x 16” concrete masonry unit (CMU) blocks, which deviated from the association’s established standard of 4” x 8” x 16” CMU blocks.
The Administrative Law Judge (ALJ) ultimately denied the petitioner’s claim, ruling in favor of the HOA. The decision rested on the finding that the HOA’s architectural standards were reasonable and established to maintain the community’s original design integrity. The petitioner failed to meet the burden of proof required to show that the HOA’s denial was unreasonable or that the specified building materials were in any significant way inferior. The HOA successfully argued that its “Wall Construction Specifications & Conditions,” in place since 2005, were created to preserve the architectural continuity of the original “Al Beadle design” and have been consistently applied to numerous other homeowner projects.
1. Case Overview and Core Dispute
• Parties:
◦ Petitioner: Debbie Westerman, owner of condominium unit 31 in Bridgewood Townhomes.
◦ Respondent: Bridgewood Nine 30 Property Owners Association, Inc. (also known as Bridgewood Townhomes).
• Jurisdiction: The case was heard by the Arizona Office of Administrative Hearings following a petition filed with the Arizona Department of Real Estate on January 23, 2018.
• Core Allegation: The petitioner alleged that the HOA violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5(G) by unreasonably denying her request to build a courtyard wall with 8” x 8” x 16” CMU blocks. The HOA’s established specification required the use of 4” x 8” x 16” CMU blocks.
2. Chronology of the Dispute
The key events leading to the administrative hearing occurred between October 2017 and January 2018.
Oct 25, 2017
Michael Brubaker, the HOA Board President, emailed the petitioner with the association’s “Wall Construction Specifications & Conditions.”
Oct 25, 2017
The petitioner submitted an Architectural Request to build a wall with 8″ x 8″ x 16″ CMU blocks, acknowledging the deviation from specifications.
Oct 25, 2017
Mr. Brubaker sent a follow-up email cautioning the petitioner not to pre-order non-conforming materials as her request was not yet approved.
Nov 29, 2017
Mr. Brubaker emailed the petitioner, acknowledging her request as “extraordinary” and stating the Board would need to meet to consider it.
Dec 28, 2017
The petitioner was formally notified of a Board meeting scheduled for January 2, 2018, to review her request.
Jan 2, 2018
The petitioner attended the Board meeting. The Board unanimously rejected her request because it was contrary to the established specifications and “the historical aspects of our compliance structure.” The Board noted its willingness to approve a compliant wall, but the petitioner “stated that she [was] unwilling to comply.”
Jan 8, 2018
The HOA’s attorney sent a letter to the petitioner summarizing the legal basis for the denial.
Jan 23, 2018
The petitioner filed her formal petition with the Arizona Department of Real Estate.
3. Petitioner’s Arguments and Evidence (Debbie Westerman)
The petitioner’s case was built on three main arguments: the superiority of her proposed materials, the inconsistency of community standards, and the questionable validity of the HOA’s rules.
• Material Superiority: The petitioner claimed her proposed 8” x 8” x 16” blocks were stronger, less expensive, and visually identical to the required blocks.
◦ Evidence: She testified that three different contractors advised her that the larger blocks would be cheaper due to needing fewer units and less mortar.
◦ Evidence: Her subcontractor, Richard Ross, testified that using twice as many blocks (as required by the 4″ specification) “doubles the chance of the wall failing.”
• Inconsistent Community Standards: The petitioner argued that the HOA did not enforce a uniform aesthetic, negating the need for strict adherence to the block size specification.
◦ Evidence: She submitted photographs (Exhibits A5, A6) of walls at units 34 and 38, owned by Board President Michael Brubaker, which she claimed were built with larger blocks visible through stucco.
◦ Evidence: She submitted a photograph (Exhibit A11) showing courtyard walls of different heights, although wall height was not the subject of her dispute.
• Questionable Rule Authenticity: At the hearing, the petitioner challenged the validity of the “Wall Construction Specifications & Conditions” document itself.
◦ Argument: She argued the document was not authentic because the HOA did not produce the official Board meeting minutes from 2005 when the rules were allegedly adopted. This challenge was raised for the first time at the hearing.
4. Respondent’s Arguments and Evidence (Bridgewood HOA)
The HOA’s defense was centered on its legal authority, the reasonableness of its established architectural standards, and the consistent enforcement of its rules.
• Adherence to Established Architectural Standards: The HOA’s primary defense was that its denial was based on a reasonable and long-standing architectural rule.
◦ Authority: The HOA cited CC&R § 5(J), which grants the Board the authority to adopt reasonable rules concerning the use of common elements. Rule 7(a) requires Board approval for any exterior alterations.
◦ Evidence: The HOA submitted the “Wall Construction Specifications & Conditions” (Exhibit 3), which Mr. Brubaker credibly testified was adopted by the Board on March 22, 2005.
◦ Purpose of the Rule: Mr. Brubaker stated the rule’s purpose was to ensure architectural continuity. An email to the petitioner (Exhibit 7) explained:
• Consistent Enforcement: The HOA demonstrated that the rule was not arbitrary but had been consistently applied.
◦ Evidence: Mr. Brubaker testified that since the program’s adoption, “twenty-nine homeowners have had applications approved and constructed courtyard walls to specification.” Four additional compliant applications were approved since the petitioner’s submission. A photograph of a recently completed, compliant wall (Ms. Warren’s) was submitted as Exhibit 16.
• Rebuttal of Petitioner’s Claims: The HOA directly countered the petitioner’s key arguments.
◦ On Inconsistency: Mr. Brubaker testified that the non-conforming walls at units 34 and 38 were constructed before 1980 by the original developer, prior to the HOA assuming control of the property (Exhibit 14).
◦ On Structural Integrity: The HOA submitted two technical bulletins from the National Concrete Masonry Association (Exhibits 19 and 20). These documents stated that 4″ high (“half-high”) units can be considered “structurally equivalent to their corresponding 8-in. (203-mm) high unit” as long as the cross-section is the same.
◦ On Cost: The HOA submitted a bid from J E Bowen Construction for $6,165.00 to build a compliant wall for the petitioner’s unit (Exhibit 17). It also noted that another homeowner’s recent compliant wall cost only $4,268.23 (Exhibit 15).
5. Administrative Law Judge’s Conclusions and Final Order
The Administrative Law Judge (ALJ) found comprehensively in favor of the Respondent (HOA), denying the Petitioner’s petition.
• Burden of Proof: The ALJ established that the petitioner bore the burden of proving her case by a “preponderance of the evidence” and failed to do so.
• Reasonableness of HOA Standards: The decision affirmed the HOA’s right to establish and enforce aesthetic standards.
• Validity of Specifications: The petitioner’s challenge to the authenticity of the HOA’s rules was dismissed. The ALJ found that she “did not establish that Respondent’s Wall Construction Specifications & Conditions was fraudulent or improperly adopted.”
• Materiality of Block Type: The ALJ concluded that the petitioner failed to prove her central claim that the larger blocks were superior.
• Aesthetic Impact: The ALJ determined that the petitioner’s proposed wall would violate the community’s aesthetic standards, noting that a wall using the larger blocks “would be noticeably different from walls that were constructed in compliance with the Wall Construction Specifications & Conditions and other Al Beadle design elements.”
Final Order: “IT IS ORDERED that Petitioners’ petition is denied because she has not established that CC&R § 5(G) required the Respondent to approve her Architectural Request to build a block wall around her patio that did not comply with Respondent’s Wall Construction Specifications & Conditions.”
The order, issued on April 26, 2018, is binding unless a rehearing is requested within 30 days of service.
Study Guide – 18F-H1818028-REL
Study Guide: Westerman v. Bridgewood Nine 30 Property Owners Association, Inc.
This study guide provides a comprehensive review of the Administrative Law Judge Decision in case No. 18F-H1818028-REL, concerning a dispute between a homeowner and her homeowners’ association. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms to facilitate a thorough understanding of the case.
Short-Answer Quiz
Instructions: Answer the following ten questions in 2-3 sentences each, based on the information provided in the source document.
1. Who were the primary parties involved in this hearing, and what was their relationship?
2. What specific action by the Respondent was the Petitioner challenging in her petition?
3. According to the Respondent, what was the primary purpose of the “Wall Construction Specifications & Conditions”?
4. What were the three main arguments the Petitioner presented in favor of using 8” x 8” x 16” CMU blocks instead of the specified size?
5. How did the Petitioner attempt to demonstrate that the Respondent’s enforcement of wall specifications was inconsistent?
6. What was the Respondent’s explanation for the non-conforming walls cited by the Petitioner?
7. What evidence did the Respondent present to counter the Petitioner’s claim that the specified 4” x 8” x 16” CMU blocks were structurally inferior?
8. Which party bore the “burden of proof” in this case, and what did that require them to establish?
9. On what date did the Respondent’s Board of Directors originally adopt the Wall Construction Specifications & Conditions?
10. What was the final ruling in this case, and what was the judge’s primary reason for the decision?
Answer Key
1. The primary parties were Debbie Westerman, the Petitioner, and the Bridgewood Nine 30 Property Owners Association, Inc., the Respondent. Ms. Westerman owns condominium unit 31 in the Bridgewood Townhomes development and is therefore a member of the Respondent homeowners’ association.
2. The Petitioner was challenging the Respondent’s denial of her Architectural Request to build a wall around her patio. Specifically, she alleged that the Respondent had unreasonably denied her request to use 8” x 8” x 16” concrete masonry unit (CMU) block, which violated the association’s Covenants, Conditions, and Restrictions (CC&Rs).
3. The “Wall Construction Specifications & Conditions” were developed to provide architectural continuity and standards for courtyard walls. They were intended to ensure that any new walls conformed to the original Al Beadle design represented by other structures on the property, such as the perimeter wall and pool enclosure.
4. The Petitioner argued that her proposed 8” x 8” x 16” CMU blocks were stronger, less expensive (requiring fewer blocks and less mortar), and looked the same as the specified blocks. This information was based on advice she received from three different contractors.
5. The Petitioner submitted photographs of courtyard walls at unit nos. 34 and 38, which she testified had larger blocks visible through stucco. She used these examples to argue that walls within the community were not consistent.
6. The Respondent’s Board president, Michael Brubaker, testified that the walls for units 34 and 38 were constructed before 1980. This was before the original developer turned the property over to the Respondent homeowners’ association, and therefore before the current specifications were in place.
7. The Respondent submitted two technical documents (TEK 5-15 and TEK 2-2B) from the National Concrete Masonry Association. These documents stated that 4-inch high (“half-high”) units are structurally equivalent to their corresponding 8-inch high counterparts, provided the face shell and web thicknesses are the same.
8. The Petitioner, Ms. Westerman, bore the burden of proof. This required her to establish by a “preponderance of the evidence” that the Respondent violated CC&R § 5(G) by unreasonably denying her request.
9. Michael Brubaker, the Respondent’s Board president, credibly testified that the Board adopted the Wall Construction Specifications & Conditions on March 22, 2005.
10. The final ruling was that the Petitioner’s petition was denied. The judge concluded that the Petitioner failed to establish that the Respondent’s Board acted unreasonably in denying her request, as the Board’s decision to maintain architectural consistency with the original Al Beadle design was reasonable.
Suggested Essay Questions
Instructions: The following questions are designed for longer, essay-style responses to test a deeper understanding of the case’s themes and legal principles. Do not provide answers.
1. Analyze the legal concept of a “restrictive covenant.” Using the CC&Rs from the Bridgewood Townhomes development as an example, explain how these covenants function to regulate property use and how they are interpreted and enforced in a legal dispute.
2. Evaluate the evidence presented by both the Petitioner and the Respondent regarding the structural integrity and cost of the different CMU block sizes. Discuss the quality of the evidence (e.g., expert testimony, technical documents, contractor bids) and explain which side made a more compelling argument on this point.
3. Discuss the role and authority of a homeowners’ association Board of Directors as demonstrated in this case. How did the Board use its authority under the CC&Rs to create and enforce the “Wall Construction Specifications & Conditions,” and what does the judge’s decision say about the reasonableness of its actions?
4. The concept of “architectural continuity” and preserving the original “Al Beadle design” was central to the Respondent’s argument. Explain the significance of this argument and analyze why the Administrative Law Judge found it to be a reasonable basis for denying the Petitioner’s request.
5. Trace the procedural history of this dispute, from the Petitioner’s initial Architectural Request in October 2017 through the Administrative Law Judge’s final decision. What do the steps taken by both parties reveal about the formal processes for dispute resolution within this planned community?
Glossary of Key Terms
Definition (as used in the source document)
Administrative Law Judge (ALJ)
An independent judge (Diane Mihalsky) who presides over administrative hearings at the Office of Administrative Hearings, an agency separate from the Department of Real Estate.
Architectural Request
A formal application submitted by a homeowner to the homeowners’ association for approval of any alterations or additions to the exterior of a unit.
Covenants, Conditions, and Restrictions. A set of rules recorded with the county that governs the rights and obligations of property owners within a planned community or condominium development.
Concrete Masonry Unit. A standard-size rectangular block used in construction. In this case, the dispute centered on two sizes: 4” x 8” x 16” and 8” x 8” x 16”.
Common Area
Areas within the development owned by the Homeowners’ Association in trust for the benefit and use of all lot owners.
Department
The Arizona Department of Real Estate, the state agency authorized to receive and decide petitions for hearings from members of homeowners’ associations.
Homeowners’ Association (HOA)
An organization in a subdivision, planned community, or condominium development that makes and enforces rules for the properties within its jurisdiction. In this case, the Bridgewood Nine 30 Property Owners Association, Inc.
Limited Common Elements
Areas, such as the patios or courtyards adjacent to individual units, that are part of the common area but are reserved for the exclusive use of a specific owner.
Petitioner
The party who files a petition initiating a legal action. In this case, the homeowner, Debbie Westerman.
Preponderance of the Evidence
The standard of proof required in this civil case. It is defined as evidence that has the most convincing force and is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Respondent
The party against whom a petition is filed. In this case, the homeowners’ association, Bridgewood Nine 30 Property Owners Association, Inc.
Restrictive Covenant
A provision in a deed or CC&R that limits the use of the property. The judge notes that if unambiguous, these are enforced to give effect to the intent of the parties.
Subpoena Duces Tecum
A legal order requiring a person to appear and bring specified documents or evidence with them. The decision notes the Petitioner did not request one for the Board meeting minutes.
TEK 2-2B & TEK 5-15
Titles of technical publications from the National Concrete Masonry Association, submitted as evidence by the Respondent to demonstrate the structural equivalence of different-sized CMU blocks.
Blog Post – 18F-H1818028-REL
Why Your HOA Cares About Your Bricks: A Real-Life Legal Battle, Deconstructed
For many homeowners, the relationship with their Homeowners’ Association (HOA) is a source of quiet frustration. It often involves rules that seem arbitrary, overly specific, or just plain unreasonable. You want to make a practical improvement to your property, but the HOA’s governing documents stand in the way, citing regulations you never knew existed. This friction between individual desire and community standards is common, but rarely does it escalate into a formal legal dispute.
When it does, however, the results can be surprisingly illuminating. Such is the case of Debbie Westerman and the Bridgewood Townhomes HOA in Arizona. Their legal battle wasn’t over a major renovation or a loud party; it was about the specific size of concrete blocks for a new patio wall. On the surface, it seems like a minor disagreement. But a closer look at the administrative law judge’s decision reveals powerful, practical lessons for every homeowner about the hidden legal realities of community governance.
By deconstructing the judge’s final decision, we can uncover four critical lessons that reveal how HOAs wield power and how homeowners can protect themselves.
Takeaway 1: Aesthetic Vision Can Legally Outweigh Practicality
At the heart of the dispute was a simple disagreement over materials. The petitioner, Debbie Westerman, wanted to build her patio wall using 8″x8″x16″ concrete blocks. Her reasoning was entirely practical: a licensed contractor advised her that the larger blocks were “stronger, less expensive, and looks the same.” From a homeowner’s perspective, this seems like an open-and-shut case for approval.
The HOA, however, denied the request. Their position was based not on practicality, but on a specific design vision. The association’s rules, established back in 2005, explicitly required the use of 4″x8″x16″ blocks. The reason? To maintain “architectural continuity” with the property’s original “Al Beadle design.” This wasn’t a vague preference; it was a documented standard intended to conform new construction to the existing visual language of the community, as seen in the “property’s perimeter wall, the original block buildings, the pool area enclosure and buildings, the parking structures, and the walls around the parking areas.”
Ultimately, the judge sided with the HOA. The decision found that the association’s requirement was reasonable because it was aimed at keeping new construction consistent with “significant elements of Bridgewood Townhomes.” This is a crucial lesson: a homeowner’s logical arguments about cost, strength, and appearance can be legally superseded by a community’s well-documented commitment to a specific, even if less tangible, design aesthetic.
Takeaway 2: The Power is in the Paper Trail
The HOA’s entire case rested on the strength of a single key document: the “Wall Construction Specifications & Conditions.” This document, which the board officially adopted on March 22, 2005, clearly outlined the requirement for the 4-inch blocks.
Crucially, the petitioner only challenged the authenticity of this document for the first time during the hearing itself, arguing the HOA had not produced the original meeting minutes that adopted it. The judge deemed this last-minute challenge inadmissible. Why? Crucially, the judge noted that the homeowner had failed to use the proper legal procedures to demand the HOA produce those records ahead of time, making her challenge too little, too late. The HOA, meanwhile, demonstrated a long history of consistent enforcement. Before Ms. Westerman’s request, the association had already approved 29 other courtyard walls, all built according to the 2005 specifications.
This highlights a critical lesson: an HOA’s power is codified in its paper trail. The governing documents—from the Covenants, Conditions, and Restrictions (CC&Rs) down to specific board-adopted rules—carry immense legal weight.
Pro Tip:Your HOA’s governing documents are more than just the CC&Rs you received at closing. Formally request and review all board-adopted rules, architectural guidelines, and meeting minutes related to your planned project hiring a contractor or submitting an application.
Takeaway 3: The Burden of Proof Is on the Homeowner
Many people might assume that in a dispute, the powerful organization (the HOA) has the responsibility to prove its rules are fair and justified. The legal reality is often the exact opposite.
The judge’s decision explicitly stated that the “burden of proof” was on Ms. Westerman to establish that the HOA had acted unreasonably. It was not the HOA’s job to prove their rule was perfect; it was the homeowner’s job to prove the denial was improper. To meet this high legal standard, defined as a “preponderance of the evidence,” you need convincing proof.
A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.
This case provides a masterclass in what constitutes convincing proof. Ms. Westerman’s evidence that the 8-inch blocks were superior came from the testimony of her contractor’s unlicensed subcontractor. In sharp contrast, the HOA submitted two technical documents from the National Concrete Masonry Association—a neutral, expert authority—which demonstrated that the required 4-inch blocks are “structurally equivalent” to their 8-inch counterparts. The homeowner brought an opinion to a legal fight; the HOA brought expert documentation.
Actionable Advice:If you choose to challenge an HOA decision, understand that personal testimony and contractor opinions are often insufficient. To meet the ‘burden of proof,’ you must be prepared to counter the HOA’s documented rules with equally strong evidence, such as independent engineering reports, surveys, or expert testimony.
Takeaway 4: An HOA Rule Can Be a “Win-Win Program”
While it’s easy to view HOA rules as purely restrictive, the association’s board president, Michael Brubaker, offered a completely different perspective. He framed the wall policy not as a limitation, but as a benefit designed to increase the value and security of the entire community.
In an email to the petitioner, he explained the board’s original thinking behind allowing the walls in the first place, calling it a “win win program.”
A courtyard wall allowed homeowners to expand their homes with an exclusive-use courtyard space, enhance privacy, and improve security, which resulted in an increased individual property value that subsequently raised all property values. Additionally, the Association reduced costs by reducing the common area to be maintained. This is a win win program.
This viewpoint is bolstered by another critical fact: the HOA assumes maintenance responsibility for the walls after they are built. This reinforces the logic behind the rule. Uniformity isn’t just about aesthetics; it’s about the long-term, collective cost and labor of maintaining these structures, making a consistent standard a practical and financial concern for the entire association.
Conclusion: Beyond the Bricks
The dispute between Debbie Westerman and the Bridgewood Townhomes HOA was, on its face, about the size of concrete blocks. But the legal decision reveals a much deeper story about community living. It’s a story about how a shared aesthetic vision, when properly documented, can become legally enforceable. It’s a confirmation of the immense power of written rules and the critical importance of bringing credible evidence to a dispute. And it’s a reminder that the legal burden often falls on the individual to challenge the collective.
This case demonstrates that behind a seemingly petty disagreement lies a complex reality of legal precedent, established processes, and a community’s right to define and defend its character. The next time you encounter a seemingly arbitrary HOA rule, will you see it as a simple restriction, or will you look for the deeper story of community standards and legal precedent behind it?
Case Participants
Petitioner Side
Debbie Westerman(petitioner) Appeared on her own behalf
Kelly Zernich(witness) Petitioner's realtor
Richard Ross(witness) Petitioner's contractor's subcontractor
Respondent Side
Mark E. Lines(attorney) Shaw & Lines, LLC
R. Patrick Whelan(attorney) Shaw & Lines, LLC
Michael Brubaker(board member/witness) Respondent's Board president
Neutral Parties
Diane Mihalsky(ALJ) Office of Administrative Hearings
Judy Lowe(commissioner) Arizona Department of Real Estate
Other Participants
Barb Warren(homeowner/applicant) Application approved by the Board (used for comparison)
Felicia Del Sol(unknown) Transmitted the decision electronically
Bridgewood Nine 30 Property Owners Association, Inc. aka Bridgewood Townhomes
Counsel
Mark E. Lines and R. Patrick Whelan
Alleged Violations
CC&R § 5(G)
Outcome Summary
The ALJ denied the petition, concluding the Respondent HOA did not unreasonably deny the Petitioner's architectural request. The HOA's standard specification requiring 4” x 8” x 16” CMU blocks for courtyard walls was found to be reasonable for maintaining architectural continuity consistent with the original Al Beadle design of the community.
Why this result: Petitioner failed to prove that the HOA's denial was unreasonable or that the specified 4” x 8” x 16” CMU block was inferior to the 8” x 8” x 16” CMU block she requested, and compliance with the HOA's reasonable specifications was required.
Key Issues & Findings
Unreasonable denial of architectural request to build a courtyard wall
Petitioner alleged the HOA violated CC&R § 5(G) by unreasonably denying her request to construct a courtyard wall using 8” x 8” x 16” CMU blocks, which did not comply with the HOA's Wall Construction Specifications & Conditions requiring 4” x 8” x 16” CMU blocks.
Orders: Petition denied because Petitioner failed to establish that CC&R § 5(G) required the Respondent to approve her Architectural Request which did not comply with Respondent’s Wall Construction Specifications & Conditions.
Briefing Document: Westerman v. Bridgewood Townhomes HOA (Case No. 18F-H1818028-REL)
Executive Summary
This document synthesizes the findings and decision in the case of Debbie Westerman versus the Bridgewood Nine 30 Property Owners Association, Inc. (HOA). The central conflict involved the HOA’s denial of Ms. Westerman’s architectural request to construct a courtyard wall using 8” x 8” x 16” concrete masonry unit (CMU) blocks, which deviated from the association’s established standard of 4” x 8” x 16” CMU blocks.
The Administrative Law Judge (ALJ) ultimately denied the petitioner’s claim, ruling in favor of the HOA. The decision rested on the finding that the HOA’s architectural standards were reasonable and established to maintain the community’s original design integrity. The petitioner failed to meet the burden of proof required to show that the HOA’s denial was unreasonable or that the specified building materials were in any significant way inferior. The HOA successfully argued that its “Wall Construction Specifications & Conditions,” in place since 2005, were created to preserve the architectural continuity of the original “Al Beadle design” and have been consistently applied to numerous other homeowner projects.
1. Case Overview and Core Dispute
• Parties:
◦ Petitioner: Debbie Westerman, owner of condominium unit 31 in Bridgewood Townhomes.
◦ Respondent: Bridgewood Nine 30 Property Owners Association, Inc. (also known as Bridgewood Townhomes).
• Jurisdiction: The case was heard by the Arizona Office of Administrative Hearings following a petition filed with the Arizona Department of Real Estate on January 23, 2018.
• Core Allegation: The petitioner alleged that the HOA violated its Covenants, Conditions, and Restrictions (CC&Rs) § 5(G) by unreasonably denying her request to build a courtyard wall with 8” x 8” x 16” CMU blocks. The HOA’s established specification required the use of 4” x 8” x 16” CMU blocks.
2. Chronology of the Dispute
The key events leading to the administrative hearing occurred between October 2017 and January 2018.
Oct 25, 2017
Michael Brubaker, the HOA Board President, emailed the petitioner with the association’s “Wall Construction Specifications & Conditions.”
Oct 25, 2017
The petitioner submitted an Architectural Request to build a wall with 8″ x 8″ x 16″ CMU blocks, acknowledging the deviation from specifications.
Oct 25, 2017
Mr. Brubaker sent a follow-up email cautioning the petitioner not to pre-order non-conforming materials as her request was not yet approved.
Nov 29, 2017
Mr. Brubaker emailed the petitioner, acknowledging her request as “extraordinary” and stating the Board would need to meet to consider it.
Dec 28, 2017
The petitioner was formally notified of a Board meeting scheduled for January 2, 2018, to review her request.
Jan 2, 2018
The petitioner attended the Board meeting. The Board unanimously rejected her request because it was contrary to the established specifications and “the historical aspects of our compliance structure.” The Board noted its willingness to approve a compliant wall, but the petitioner “stated that she [was] unwilling to comply.”
Jan 8, 2018
The HOA’s attorney sent a letter to the petitioner summarizing the legal basis for the denial.
Jan 23, 2018
The petitioner filed her formal petition with the Arizona Department of Real Estate.
3. Petitioner’s Arguments and Evidence (Debbie Westerman)
The petitioner’s case was built on three main arguments: the superiority of her proposed materials, the inconsistency of community standards, and the questionable validity of the HOA’s rules.
• Material Superiority: The petitioner claimed her proposed 8” x 8” x 16” blocks were stronger, less expensive, and visually identical to the required blocks.
◦ Evidence: She testified that three different contractors advised her that the larger blocks would be cheaper due to needing fewer units and less mortar.
◦ Evidence: Her subcontractor, Richard Ross, testified that using twice as many blocks (as required by the 4″ specification) “doubles the chance of the wall failing.”
• Inconsistent Community Standards: The petitioner argued that the HOA did not enforce a uniform aesthetic, negating the need for strict adherence to the block size specification.
◦ Evidence: She submitted photographs (Exhibits A5, A6) of walls at units 34 and 38, owned by Board President Michael Brubaker, which she claimed were built with larger blocks visible through stucco.
◦ Evidence: She submitted a photograph (Exhibit A11) showing courtyard walls of different heights, although wall height was not the subject of her dispute.
• Questionable Rule Authenticity: At the hearing, the petitioner challenged the validity of the “Wall Construction Specifications & Conditions” document itself.
◦ Argument: She argued the document was not authentic because the HOA did not produce the official Board meeting minutes from 2005 when the rules were allegedly adopted. This challenge was raised for the first time at the hearing.
4. Respondent’s Arguments and Evidence (Bridgewood HOA)
The HOA’s defense was centered on its legal authority, the reasonableness of its established architectural standards, and the consistent enforcement of its rules.
• Adherence to Established Architectural Standards: The HOA’s primary defense was that its denial was based on a reasonable and long-standing architectural rule.
◦ Authority: The HOA cited CC&R § 5(J), which grants the Board the authority to adopt reasonable rules concerning the use of common elements. Rule 7(a) requires Board approval for any exterior alterations.
◦ Evidence: The HOA submitted the “Wall Construction Specifications & Conditions” (Exhibit 3), which Mr. Brubaker credibly testified was adopted by the Board on March 22, 2005.
◦ Purpose of the Rule: Mr. Brubaker stated the rule’s purpose was to ensure architectural continuity. An email to the petitioner (Exhibit 7) explained:
• Consistent Enforcement: The HOA demonstrated that the rule was not arbitrary but had been consistently applied.
◦ Evidence: Mr. Brubaker testified that since the program’s adoption, “twenty-nine homeowners have had applications approved and constructed courtyard walls to specification.” Four additional compliant applications were approved since the petitioner’s submission. A photograph of a recently completed, compliant wall (Ms. Warren’s) was submitted as Exhibit 16.
• Rebuttal of Petitioner’s Claims: The HOA directly countered the petitioner’s key arguments.
◦ On Inconsistency: Mr. Brubaker testified that the non-conforming walls at units 34 and 38 were constructed before 1980 by the original developer, prior to the HOA assuming control of the property (Exhibit 14).
◦ On Structural Integrity: The HOA submitted two technical bulletins from the National Concrete Masonry Association (Exhibits 19 and 20). These documents stated that 4″ high (“half-high”) units can be considered “structurally equivalent to their corresponding 8-in. (203-mm) high unit” as long as the cross-section is the same.
◦ On Cost: The HOA submitted a bid from J E Bowen Construction for $6,165.00 to build a compliant wall for the petitioner’s unit (Exhibit 17). It also noted that another homeowner’s recent compliant wall cost only $4,268.23 (Exhibit 15).
5. Administrative Law Judge’s Conclusions and Final Order
The Administrative Law Judge (ALJ) found comprehensively in favor of the Respondent (HOA), denying the Petitioner’s petition.
• Burden of Proof: The ALJ established that the petitioner bore the burden of proving her case by a “preponderance of the evidence” and failed to do so.
• Reasonableness of HOA Standards: The decision affirmed the HOA’s right to establish and enforce aesthetic standards.
• Validity of Specifications: The petitioner’s challenge to the authenticity of the HOA’s rules was dismissed. The ALJ found that she “did not establish that Respondent’s Wall Construction Specifications & Conditions was fraudulent or improperly adopted.”
• Materiality of Block Type: The ALJ concluded that the petitioner failed to prove her central claim that the larger blocks were superior.
• Aesthetic Impact: The ALJ determined that the petitioner’s proposed wall would violate the community’s aesthetic standards, noting that a wall using the larger blocks “would be noticeably different from walls that were constructed in compliance with the Wall Construction Specifications & Conditions and other Al Beadle design elements.”
Final Order: “IT IS ORDERED that Petitioners’ petition is denied because she has not established that CC&R § 5(G) required the Respondent to approve her Architectural Request to build a block wall around her patio that did not comply with Respondent’s Wall Construction Specifications & Conditions.”
The order, issued on April 26, 2018, is binding unless a rehearing is requested within 30 days of service.
Study Guide – 18F-H1818028-REL
Study Guide: Westerman v. Bridgewood Nine 30 Property Owners Association, Inc.
This study guide provides a comprehensive review of the Administrative Law Judge Decision in case No. 18F-H1818028-REL, concerning a dispute between a homeowner and her homeowners’ association. It includes a short-answer quiz, an answer key, suggested essay questions, and a glossary of key terms to facilitate a thorough understanding of the case.
Short-Answer Quiz
Instructions: Answer the following ten questions in 2-3 sentences each, based on the information provided in the source document.
1. Who were the primary parties involved in this hearing, and what was their relationship?
2. What specific action by the Respondent was the Petitioner challenging in her petition?
3. According to the Respondent, what was the primary purpose of the “Wall Construction Specifications & Conditions”?
4. What were the three main arguments the Petitioner presented in favor of using 8” x 8” x 16” CMU blocks instead of the specified size?
5. How did the Petitioner attempt to demonstrate that the Respondent’s enforcement of wall specifications was inconsistent?
6. What was the Respondent’s explanation for the non-conforming walls cited by the Petitioner?
7. What evidence did the Respondent present to counter the Petitioner’s claim that the specified 4” x 8” x 16” CMU blocks were structurally inferior?
8. Which party bore the “burden of proof” in this case, and what did that require them to establish?
9. On what date did the Respondent’s Board of Directors originally adopt the Wall Construction Specifications & Conditions?
10. What was the final ruling in this case, and what was the judge’s primary reason for the decision?
Answer Key
1. The primary parties were Debbie Westerman, the Petitioner, and the Bridgewood Nine 30 Property Owners Association, Inc., the Respondent. Ms. Westerman owns condominium unit 31 in the Bridgewood Townhomes development and is therefore a member of the Respondent homeowners’ association.
2. The Petitioner was challenging the Respondent’s denial of her Architectural Request to build a wall around her patio. Specifically, she alleged that the Respondent had unreasonably denied her request to use 8” x 8” x 16” concrete masonry unit (CMU) block, which violated the association’s Covenants, Conditions, and Restrictions (CC&Rs).
3. The “Wall Construction Specifications & Conditions” were developed to provide architectural continuity and standards for courtyard walls. They were intended to ensure that any new walls conformed to the original Al Beadle design represented by other structures on the property, such as the perimeter wall and pool enclosure.
4. The Petitioner argued that her proposed 8” x 8” x 16” CMU blocks were stronger, less expensive (requiring fewer blocks and less mortar), and looked the same as the specified blocks. This information was based on advice she received from three different contractors.
5. The Petitioner submitted photographs of courtyard walls at unit nos. 34 and 38, which she testified had larger blocks visible through stucco. She used these examples to argue that walls within the community were not consistent.
6. The Respondent’s Board president, Michael Brubaker, testified that the walls for units 34 and 38 were constructed before 1980. This was before the original developer turned the property over to the Respondent homeowners’ association, and therefore before the current specifications were in place.
7. The Respondent submitted two technical documents (TEK 5-15 and TEK 2-2B) from the National Concrete Masonry Association. These documents stated that 4-inch high (“half-high”) units are structurally equivalent to their corresponding 8-inch high counterparts, provided the face shell and web thicknesses are the same.
8. The Petitioner, Ms. Westerman, bore the burden of proof. This required her to establish by a “preponderance of the evidence” that the Respondent violated CC&R § 5(G) by unreasonably denying her request.
9. Michael Brubaker, the Respondent’s Board president, credibly testified that the Board adopted the Wall Construction Specifications & Conditions on March 22, 2005.
10. The final ruling was that the Petitioner’s petition was denied. The judge concluded that the Petitioner failed to establish that the Respondent’s Board acted unreasonably in denying her request, as the Board’s decision to maintain architectural consistency with the original Al Beadle design was reasonable.
Suggested Essay Questions
Instructions: The following questions are designed for longer, essay-style responses to test a deeper understanding of the case’s themes and legal principles. Do not provide answers.
1. Analyze the legal concept of a “restrictive covenant.” Using the CC&Rs from the Bridgewood Townhomes development as an example, explain how these covenants function to regulate property use and how they are interpreted and enforced in a legal dispute.
2. Evaluate the evidence presented by both the Petitioner and the Respondent regarding the structural integrity and cost of the different CMU block sizes. Discuss the quality of the evidence (e.g., expert testimony, technical documents, contractor bids) and explain which side made a more compelling argument on this point.
3. Discuss the role and authority of a homeowners’ association Board of Directors as demonstrated in this case. How did the Board use its authority under the CC&Rs to create and enforce the “Wall Construction Specifications & Conditions,” and what does the judge’s decision say about the reasonableness of its actions?
4. The concept of “architectural continuity” and preserving the original “Al Beadle design” was central to the Respondent’s argument. Explain the significance of this argument and analyze why the Administrative Law Judge found it to be a reasonable basis for denying the Petitioner’s request.
5. Trace the procedural history of this dispute, from the Petitioner’s initial Architectural Request in October 2017 through the Administrative Law Judge’s final decision. What do the steps taken by both parties reveal about the formal processes for dispute resolution within this planned community?
Glossary of Key Terms
Definition (as used in the source document)
Administrative Law Judge (ALJ)
An independent judge (Diane Mihalsky) who presides over administrative hearings at the Office of Administrative Hearings, an agency separate from the Department of Real Estate.
Architectural Request
A formal application submitted by a homeowner to the homeowners’ association for approval of any alterations or additions to the exterior of a unit.
Covenants, Conditions, and Restrictions. A set of rules recorded with the county that governs the rights and obligations of property owners within a planned community or condominium development.
Concrete Masonry Unit. A standard-size rectangular block used in construction. In this case, the dispute centered on two sizes: 4” x 8” x 16” and 8” x 8” x 16”.
Common Area
Areas within the development owned by the Homeowners’ Association in trust for the benefit and use of all lot owners.
Department
The Arizona Department of Real Estate, the state agency authorized to receive and decide petitions for hearings from members of homeowners’ associations.
Homeowners’ Association (HOA)
An organization in a subdivision, planned community, or condominium development that makes and enforces rules for the properties within its jurisdiction. In this case, the Bridgewood Nine 30 Property Owners Association, Inc.
Limited Common Elements
Areas, such as the patios or courtyards adjacent to individual units, that are part of the common area but are reserved for the exclusive use of a specific owner.
Petitioner
The party who files a petition initiating a legal action. In this case, the homeowner, Debbie Westerman.
Preponderance of the Evidence
The standard of proof required in this civil case. It is defined as evidence that has the most convincing force and is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Respondent
The party against whom a petition is filed. In this case, the homeowners’ association, Bridgewood Nine 30 Property Owners Association, Inc.
Restrictive Covenant
A provision in a deed or CC&R that limits the use of the property. The judge notes that if unambiguous, these are enforced to give effect to the intent of the parties.
Subpoena Duces Tecum
A legal order requiring a person to appear and bring specified documents or evidence with them. The decision notes the Petitioner did not request one for the Board meeting minutes.
TEK 2-2B & TEK 5-15
Titles of technical publications from the National Concrete Masonry Association, submitted as evidence by the Respondent to demonstrate the structural equivalence of different-sized CMU blocks.
Blog Post – 18F-H1818028-REL
Why Your HOA Cares About Your Bricks: A Real-Life Legal Battle, Deconstructed
For many homeowners, the relationship with their Homeowners’ Association (HOA) is a source of quiet frustration. It often involves rules that seem arbitrary, overly specific, or just plain unreasonable. You want to make a practical improvement to your property, but the HOA’s governing documents stand in the way, citing regulations you never knew existed. This friction between individual desire and community standards is common, but rarely does it escalate into a formal legal dispute.
When it does, however, the results can be surprisingly illuminating. Such is the case of Debbie Westerman and the Bridgewood Townhomes HOA in Arizona. Their legal battle wasn’t over a major renovation or a loud party; it was about the specific size of concrete blocks for a new patio wall. On the surface, it seems like a minor disagreement. But a closer look at the administrative law judge’s decision reveals powerful, practical lessons for every homeowner about the hidden legal realities of community governance.
By deconstructing the judge’s final decision, we can uncover four critical lessons that reveal how HOAs wield power and how homeowners can protect themselves.
Takeaway 1: Aesthetic Vision Can Legally Outweigh Practicality
At the heart of the dispute was a simple disagreement over materials. The petitioner, Debbie Westerman, wanted to build her patio wall using 8″x8″x16″ concrete blocks. Her reasoning was entirely practical: a licensed contractor advised her that the larger blocks were “stronger, less expensive, and looks the same.” From a homeowner’s perspective, this seems like an open-and-shut case for approval.
The HOA, however, denied the request. Their position was based not on practicality, but on a specific design vision. The association’s rules, established back in 2005, explicitly required the use of 4″x8″x16″ blocks. The reason? To maintain “architectural continuity” with the property’s original “Al Beadle design.” This wasn’t a vague preference; it was a documented standard intended to conform new construction to the existing visual language of the community, as seen in the “property’s perimeter wall, the original block buildings, the pool area enclosure and buildings, the parking structures, and the walls around the parking areas.”
Ultimately, the judge sided with the HOA. The decision found that the association’s requirement was reasonable because it was aimed at keeping new construction consistent with “significant elements of Bridgewood Townhomes.” This is a crucial lesson: a homeowner’s logical arguments about cost, strength, and appearance can be legally superseded by a community’s well-documented commitment to a specific, even if less tangible, design aesthetic.
Takeaway 2: The Power is in the Paper Trail
The HOA’s entire case rested on the strength of a single key document: the “Wall Construction Specifications & Conditions.” This document, which the board officially adopted on March 22, 2005, clearly outlined the requirement for the 4-inch blocks.
Crucially, the petitioner only challenged the authenticity of this document for the first time during the hearing itself, arguing the HOA had not produced the original meeting minutes that adopted it. The judge deemed this last-minute challenge inadmissible. Why? Crucially, the judge noted that the homeowner had failed to use the proper legal procedures to demand the HOA produce those records ahead of time, making her challenge too little, too late. The HOA, meanwhile, demonstrated a long history of consistent enforcement. Before Ms. Westerman’s request, the association had already approved 29 other courtyard walls, all built according to the 2005 specifications.
This highlights a critical lesson: an HOA’s power is codified in its paper trail. The governing documents—from the Covenants, Conditions, and Restrictions (CC&Rs) down to specific board-adopted rules—carry immense legal weight.
Pro Tip:Your HOA’s governing documents are more than just the CC&Rs you received at closing. Formally request and review all board-adopted rules, architectural guidelines, and meeting minutes related to your planned project hiring a contractor or submitting an application.
Takeaway 3: The Burden of Proof Is on the Homeowner
Many people might assume that in a dispute, the powerful organization (the HOA) has the responsibility to prove its rules are fair and justified. The legal reality is often the exact opposite.
The judge’s decision explicitly stated that the “burden of proof” was on Ms. Westerman to establish that the HOA had acted unreasonably. It was not the HOA’s job to prove their rule was perfect; it was the homeowner’s job to prove the denial was improper. To meet this high legal standard, defined as a “preponderance of the evidence,” you need convincing proof.
A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.
This case provides a masterclass in what constitutes convincing proof. Ms. Westerman’s evidence that the 8-inch blocks were superior came from the testimony of her contractor’s unlicensed subcontractor. In sharp contrast, the HOA submitted two technical documents from the National Concrete Masonry Association—a neutral, expert authority—which demonstrated that the required 4-inch blocks are “structurally equivalent” to their 8-inch counterparts. The homeowner brought an opinion to a legal fight; the HOA brought expert documentation.
Actionable Advice:If you choose to challenge an HOA decision, understand that personal testimony and contractor opinions are often insufficient. To meet the ‘burden of proof,’ you must be prepared to counter the HOA’s documented rules with equally strong evidence, such as independent engineering reports, surveys, or expert testimony.
Takeaway 4: An HOA Rule Can Be a “Win-Win Program”
While it’s easy to view HOA rules as purely restrictive, the association’s board president, Michael Brubaker, offered a completely different perspective. He framed the wall policy not as a limitation, but as a benefit designed to increase the value and security of the entire community.
In an email to the petitioner, he explained the board’s original thinking behind allowing the walls in the first place, calling it a “win win program.”
A courtyard wall allowed homeowners to expand their homes with an exclusive-use courtyard space, enhance privacy, and improve security, which resulted in an increased individual property value that subsequently raised all property values. Additionally, the Association reduced costs by reducing the common area to be maintained. This is a win win program.
This viewpoint is bolstered by another critical fact: the HOA assumes maintenance responsibility for the walls after they are built. This reinforces the logic behind the rule. Uniformity isn’t just about aesthetics; it’s about the long-term, collective cost and labor of maintaining these structures, making a consistent standard a practical and financial concern for the entire association.
Conclusion: Beyond the Bricks
The dispute between Debbie Westerman and the Bridgewood Townhomes HOA was, on its face, about the size of concrete blocks. But the legal decision reveals a much deeper story about community living. It’s a story about how a shared aesthetic vision, when properly documented, can become legally enforceable. It’s a confirmation of the immense power of written rules and the critical importance of bringing credible evidence to a dispute. And it’s a reminder that the legal burden often falls on the individual to challenge the collective.
This case demonstrates that behind a seemingly petty disagreement lies a complex reality of legal precedent, established processes, and a community’s right to define and defend its character. The next time you encounter a seemingly arbitrary HOA rule, will you see it as a simple restriction, or will you look for the deeper story of community standards and legal precedent behind it?
Case Participants
Petitioner Side
Debbie Westerman(petitioner) Appeared on her own behalf
Kelly Zernich(witness) Petitioner's realtor
Richard Ross(witness) Petitioner's contractor's subcontractor
Respondent Side
Mark E. Lines(attorney) Shaw & Lines, LLC
R. Patrick Whelan(attorney) Shaw & Lines, LLC
Michael Brubaker(board member/witness) Respondent's Board president
Neutral Parties
Diane Mihalsky(ALJ) Office of Administrative Hearings
Judy Lowe(commissioner) Arizona Department of Real Estate
Other Participants
Barb Warren(homeowner/applicant) Application approved by the Board (used for comparison)
Felicia Del Sol(unknown) Transmitted the decision electronically
