Nathan Brown v. Val Vista Lakes Community Association

Posted on February 4, 2019 by [email protected]

Case Summary

Case ID	19F-H1918029-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2019-02-04
Administrative Law Judge	Thomas Shedden
Outcome	The Petitioner's claim that the Respondent HOA violated A.R.S. § 33-1803(E) was dismissed, as the notice issued was determined to be a Notice of Non-Compliance (courtesy letter) and not a Notice of Violation required to carry the specific disclosure.
Filing Fees Refunded	$0.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Nathan Brown	Counsel	—
Respondent	Val Vista Lakes Community Association	Counsel	Clint Goodman, Esq.

Alleged Violations

ARIZ. REV. STAT. section 33-1803(E)

Outcome Summary

The Petitioner's claim that the Respondent HOA violated A.R.S. § 33-1803(E) was dismissed, as the notice issued was determined to be a Notice of Non-Compliance (courtesy letter) and not a Notice of Violation required to carry the specific disclosure.

Why this result: The Petitioner failed to meet the burden of proof to show that the Respondent violated A.R.S. § 33-1803(E).

Key Issues & Findings

Whether the HOA violated A.R.S. § 33-1803(E) by failing to include notice of the option to petition for an administrative hearing in a Notice of Non-Compliance.

Petitioner alleged that the Respondent's Notice of Non-Compliance regarding dead vegetation was actually a Notice of Violation and lacked the statutory disclosure required by A.R.S. § 33-1803(E). The ALJ found the document was a courtesy letter and not a Notice of Violation, and even if it were, the statute did not require the disclosure in this context because the Petitioner filed the petition before Respondent took enforcement action or completed the statutory response exchange.

Orders: Petitioner Nathan Brown's petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

ARIZ. REV. STAT. section 33-1803(E)
ARIZ. REV. STAT. section 32-2199.01
ARIZ. REV. STAT. section 33-1803(C)
ARIZ. REV. STAT. section 33-1803(D)
ARIZ. ADMIN. CODE § R2-19-119
ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11

Analytics Highlights

Topics: statutory interpretation, violation notice, non-compliance, courtesy letter, right to petition

Additional Citations:

33-1803(E)
32-2199.01
33-1803(C)
33-1803(D)
R2-19-119

Video Overview

Audio Overview

Decision Documents

19F-H1918029-REL Decision – 686796.pdf

Uploaded 2026-04-25T09:59:54 (88.4 KB)

19F-H1918029-REL Decision – 686796.pdf

Uploaded 2026-01-23T17:27:46 (88.4 KB)

Brown v. Val Vista Lakes Community Association: Case Briefing

Executive Summary

This document provides a detailed analysis of the Administrative Law Judge (ALJ) Decision in case No. 19F-H1918029-REL, wherein Petitioner Nathan Brown’s petition against the Val Vista Lakes Community Association was dismissed. The central issue was whether an initial “Notice of Non-Compliance” sent by the Association constituted a formal “Notice of Violation” under Arizona Revised Statutes (A.R.S.) section 33-1803(E), thereby requiring immediate disclosure of the member’s right to an administrative hearing.

The ALJ ruled decisively in favor of the Respondent Association. The decision rested on two primary conclusions: First, a reasonable reading of the document in question showed it to be a preliminary “courtesy letter” and not a formal Notice of Violation, as it explicitly warned that a Notice of Violation would be issued later if the issue was not remedied. Second, the ALJ determined that even if the document were considered a Notice of Violation, a plain reading of the statute does not require the disclosure of hearing rights to be included in the initial notice itself. The statute allows for this information to be provided at a later stage in the process, specifically after the member has submitted a formal response. The Petitioner’s failure to follow the statutory response procedure was a key factor in the ruling that the Association had not yet been required to provide the disclosure. Ultimately, the Petitioner failed to meet the burden of proof, and his petition was dismissed.

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Case Overview

Case Number

19F-H1918029-REL

Parties

Petitioner: Nathan Brown
Respondent: Val Vista Lakes Community Association

Adjudicator

Administrative Law Judge Thomas Shedden

Office of Administrative Hearings, Phoenix, Arizona

Hearing Date

January 16, 2019

Decision Date

February 4, 2019

Final Outcome

Petition Dismissed; Respondent deemed the prevailing party.

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Background and Timeline of Events

• October 18, 2018: The Val Vista Lakes Community Association mailed a “Notice of Non-Compliance” to Nathan Brown regarding dead vegetation in his yard. The notice requested that the situation be remedied by November 1, 2018, and warned that failure to do so would result in the issuance of a “Notice of Violation that may involve fines.”

• October 24, 2018 (approx.): Mr. Brown filed a petition with the Arizona Department of Real Estate, initiating the legal matter.

• November 11, 2018: The Association issued a formal “Notice of Violation” to Mr. Brown concerning the same issue raised in the initial notice.

• November 27, 2018: The Arizona Department of Real Estate issued a Notice of Hearing.

• January 16, 2019: An administrative hearing was held, with Mr. Brown representing himself and Clint Goodman, Esq. representing the Association. Testimony was heard from Mr. Brown and Simone McGinnis, the Association’s general manager.

• February 4, 2019: ALJ Thomas Shedden issued a decision dismissing Mr. Brown’s petition.

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Core Legal Dispute and Arguments

The dispute centered on the interpretation and application of A.R.S. § 33-1803, which governs the process for notifying homeowners of violations of community documents.

Petitioner’s Position (Nathan Brown)

• Central Claim: The “Notice of Non-Compliance” received on October 18, 2018, was functionally and legally a “Notice of Violation.”

• Alleged Violation: The notice violated A.R.S. § 33-1803(E) because it failed to include “written notice of the member’s option to petition for an administrative hearing on the matter in the state real estate department.”

Respondent’s Position (Val Vista Lakes Community Association)

• Central Claim: The “Notice of Non-Compliance” was not a formal “Notice of Violation” but rather a “courtesy letter,” which is a common industry practice permitted by the Association’s governing documents.

• Defense: Because the initial letter was not a statutory Notice of Violation, the requirements of A.R.S. § 33-1803 were not applicable to that specific communication.

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Administrative Law Judge’s Analysis and Decision

The ALJ concluded that the Petitioner, Mr. Brown, bore the burden of proof by a preponderance of the evidence and failed to meet that standard. The decision was based on a series of factual findings and legal conclusions drawn from a “fair and sensible” interpretation of the statute.

Key Findings of Fact

• The Association mailed Mr. Brown a Notice of Non-Compliance on October 18, 2018.

• This notice informed Mr. Brown of a CC&R violation (dead vegetation) and stated that a failure to remedy the issue would result in a subsequent “Notice of Violation” with potential fines.

• Mr. Brown did not send a written response to the Association regarding the Notice of Non-Compliance, a step outlined in A.R.S. § 33-1803(C).

• Mr. Brown was later issued a formal Notice of Violation on November 11, 2018.

Conclusions of Law (Legal Rationale)

The ALJ’s decision to dismiss the petition was founded on three distinct legal interpretations:

1. Distinction Between Notices: The judge ruled that the initial communication was not a statutory Notice of Violation.

◦ The ruling states, “a reasonable reading of the Notice of Non-Compliance shows that it is not a Notice of Violation, because it informs Mr. Brown that a Notice of Violation would be issued if he did not appropriately address the ‘situation.'”

◦ This established the letter as a preliminary courtesy notice, distinct from the formal enforcement action that triggers statutory requirements.

2. Statutory Interpretation of A.R.S. § 33-1803: The judge concluded that even if the initial notice was a Notice of Violation, the Association still did not violate the statute.

◦ The decision notes, “a plain reading of ARIZ. REV. STAT. section 33-1803 shows that a Notice of Violation is not required to include notice of the right to petition the Department of Real Estate because subsections D and E both show that any required notice can be given at other times.”

◦ The statute outlines a process where the member can respond via certified mail, and the Association’s duty to provide information about contesting the notice (including the right to a hearing) arises from that exchange.

3. Petitioner’s Procedural Failure: The judge found that the Association’s obligations under the statute were never triggered because Mr. Brown bypassed the prescribed process.

◦ The decision highlights that Mr. Brown did not file a written response with the Association but instead filed his petition with the Department just a few days after receiving the initial notice.

◦ The ruling concludes, “a sensible reading of the statute shows that the Respondent was not required to provide Mr. Brown with notice of a right to petition the Department at any time pertinent to this matter.”

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Final Order and Implications

• Order: The ALJ ordered that “Petitioner Nathan Brown’s petition is dismissed.”

• Prevailing Party: The Respondent, Val Vista Lakes Community Association, was deemed the prevailing party in the matter.

• Further Action: The decision is binding unless a party files for a rehearing with the Commissioner of the Department of Real Estate within 30 days of the service of the order, as stipulated by A.R.S. §§ 32-2199.02(B), 32-2199.04, and 41-1092.09.

Study Guide: Brown v. Val Vista Lakes Community Association (No. 19F-H1918029-REL)

Short Answer Quiz

Instructions: Answer the following questions in 2-3 complete sentences, drawing all information from the provided case decision.

1. Who were the primary parties involved in case No. 19F-H1918029-REL, and what were their roles?

2. What specific statute did the Petitioner, Nathan Brown, allege that the Respondent violated?

3. What was the initial issue that prompted the Respondent to contact Mr. Brown on October 18, 2018?

4. What was Nathan Brown’s central legal argument concerning the “Notice of Non-Compliance”?

5. How did the Val Vista Lakes Community Association characterize the “Notice of Non-Compliance,” and why was this distinction critical to its defense?

6. According to the Findings of Fact, what procedural step did Mr. Brown fail to take after receiving the initial notice from the association?

7. What is the standard of proof required in this matter, and which party was responsible for meeting it?

8. What were the Administrative Law Judge’s two primary legal conclusions that led to the dismissal of the petition?

9. What was the final Order issued by the Administrative Law Judge on February 4, 2019?

10. What recourse was available to the parties following the judge’s Order, and what was the specified time limit for that action?

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Answer Key

1. The primary parties were Nathan Brown, who served as the Petitioner, and the Val Vista Lakes Community Association, which was the Respondent. Mr. Brown brought the complaint against the association, which was defending its actions.

2. Nathan Brown alleged that the Respondent violated ARIZ. REV. STAT. section 33-1803(E). This section concerns an association’s obligation to provide a member with written notice of their option to petition for an administrative hearing.

3. The Respondent contacted Mr. Brown regarding dead vegetation in his yard, which was considered a violation of the community’s CC&Rs. The “Notice of Non-Compliance” requested that he remedy the situation by November 1, 2018.

4. Mr. Brown’s central argument was that the “Notice of Non-Compliance” was, in fact, a “Notice of Violation.” Therefore, he contended it should have included written notice of his option to petition for an administrative hearing with the state real estate department, as required by statute.

5. The Association characterized the notice as a “courtesy letter,” which is a common practice for providing an initial warning before formal action. This distinction was critical because the Association argued that as a mere courtesy letter and not a formal “Notice of Violation,” it was not subject to the statutory disclosure requirements of ARIZ. REV. STAT. section 33-1803.

6. Mr. Brown did not send a written response to the Respondent via certified mail within 21 calendar days of the notice. This response is an option provided to members under ARIZ. REV. STAT. section 33-1803(C).

7. The standard of proof was a “preponderance of the evidence.” The burden of proof was on the Petitioner, Nathan Brown, to show that the Respondent had violated the statute.

8. First, the judge concluded that a reasonable reading of the document shows it was not a “Notice of Violation” because it explicitly threatened that one would be issued later. Second, the judge concluded that even if it were a “Notice of Violation,” the statute does not require the hearing disclosure to be in the initial notice, and since Mr. Brown did not follow the response procedure, the Respondent’s obligation to provide that disclosure had not yet been triggered.

9. The final Order was that Petitioner Nathan Brown’s petition be dismissed. The judge also deemed the Respondent to be the prevailing party in the matter.

10. A party could file a request for a rehearing with the Commissioner of the Department of Real Estate. Pursuant to ARIZ. REV. STAT. section 41-1092.09, this request had to be filed within 30 days of the service of the Order.

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Essay Questions

Instructions: Consider the following questions. Formulate comprehensive, evidence-based answers using only the information and legal reasoning presented in the case decision.

1. Analyze the distinction between a “Notice of Non-Compliance” (or “courtesy letter”) and a “Notice of Violation” as presented in this case. Discuss why this distinction was the central point of contention and how the Administrative Law Judge’s interpretation of the document’s plain language resolved the issue.

2. Explain the legal standard of “preponderance of the evidence” as defined in the decision. Discuss how Nathan Brown’s failure to meet this standard, as the party with the burden of proof, was fundamental to the dismissal of his petition.

3. Examine the Administrative Law Judge’s interpretation of the procedural requirements outlined in ARIZ. REV. STAT. section 33-1803(C), (D), and (E). How does the judge’s “sensible reading” of the statute’s timeline and reciprocal obligations undermine the Petitioner’s claim, even setting aside the debate over the notice’s title?

4. Describe the complete procedural timeline of this case, from the initial notice sent by the association to the final order from the Administrative Law Judge. Identify the key dates and actions taken by each party and by the Office of Administrative Hearings.

5. Discuss the role of statutory interpretation in this legal decision. How did the judge apply established legal principles, such as aiming for a “fair and sensible result” and avoiding “absurd and unreasonable construction,” to support the final ruling against the Petitioner?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

The official, in this case Thomas Shedden, who presides over administrative hearings and makes legal decisions.

ARIZ. REV. STAT.

Abbreviation for Arizona Revised Statutes, which are the codified laws of the state of Arizona. The specific statute at the center of this case is section 33-1803.

Burden of Proof

The obligation of a party in a legal case to prove their allegations. In this matter, the burden of proof was on the Petitioner, Nathan Brown.

An acronym for Covenants, Conditions, and Restrictions. The decision implies these are the governing community documents that Mr. Brown was accused of violating due to dead vegetation.

Courtesy Letter

A term used by the Respondent to describe the “Notice of Non-Compliance.” It is characterized as a common industry practice to inform a resident of an issue before issuing a formal Notice of Violation.

Notice of Non-Compliance

The specific document dated October 18, 2018, sent to Mr. Brown. It informed him of dead vegetation, requested a remedy, and warned that a “Notice of Violation” could follow.

Notice of Violation

A formal notification that a violation has occurred. The decision establishes this as a distinct and more serious step than a “Notice of Non-Compliance,” and one was issued to Mr. Brown on November 11, 2018.

Petitioner

The party who files a petition initiating a legal action. In this case, Nathan Brown was the Petitioner.

Preponderance of the Evidence

The standard of proof required in this hearing. It is defined as “The greater weight of the evidence… sufficient to incline a fair and impartial mind to one side of the issue rather than the other.”

Prevailing Party

The party who wins the legal case. The Administrative Law Judge deemed the Respondent to be the prevailing party.

Rehearing

A legal process to have a case heard again. The parties were notified of their right to request a rehearing with the Commissioner of the Department of Real Estate within 30 days.

Respondent

The party against whom a petition is filed. In this case, the Val Vista Lakes Community Association was the Respondent.

📔

19F-H1918029-REL

1 source

This source is the Administrative Law Judge Decision for a case titled Nathan Brown vs. Val Vista Lakes Community Association, heard by the Arizona Office of Administrative Hearings. The dispute centers on whether a Notice of Non-Compliance sent to Mr. Brown regarding dead vegetation in his yard constitutes a Notice of Violation under ARIZ. REV. STAT. section 33-1803(E). Mr. Brown argued that the Association violated this statute by failing to include written notice of his option to petition for an administrative hearing in the initial notice. However, the Administrative Law Judge found that the initial document was merely a courtesy letter and not a formal Notice of Violation, and further concluded that the statute does not require the disclosure of the right to petition the Department of Real Estate within the initial violation notice. Ultimately, the judge determined that the Association was not required to provide Mr. Brown with the notice of his right to petition at any relevant time and dismissed Mr. Brown’s petition.

Case Participants

Petitioner Side

Nathan Brown (petitioner)
Appeared on his own behalf

Respondent Side

Clint Goodman (HOA attorney)
Goodman Law Group
Appeared for the Respondent
Simone McGinnis (general manager)
Val Vista Lakes Community Association
Presented testimony
Ashley N. Moscarello (HOA attorney)
Goodman Law Group
Recipient of transmission
Clint Brown (HOA attorney)
Goodman Law Group
Recipient of transmission (listed separately from Clint Goodman)

Neutral Parties

Thomas Shedden (ALJ)
Office of Administrative Hearings
Judy Lowe (Commissioner)
Arizona Department of Real Estate
F Del Sol (admin staff)
Transmitted document

N. Wayne Dwight, Jr. vs.

Posted on January 29, 2019 by [email protected]

Case Summary

Case ID	19F-H1918027-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2019-01-29
Administrative Law Judge	Diane Mihalsky
Outcome	The Administrative Law Judge denied the petition, finding that the HOA Board had the authority under the CC&Rs and related documents to remove non-Board ARC members and appoint itself to perform the functions of the ARC, thus validating its approval of the homeowner's detached garage application.
Filing Fees Refunded	$0.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	N. Wayne Dwight, Jr.	Counsel	—
Respondent	Whisper Mountain Homeowners Association	Counsel	Troy B. Stratman, Esq.

Alleged Violations

CC&Rs §§ 3.2 and 7.7

Outcome Summary

The Administrative Law Judge denied the petition, finding that the HOA Board had the authority under the CC&Rs and related documents to remove non-Board ARC members and appoint itself to perform the functions of the ARC, thus validating its approval of the homeowner's detached garage application.

Why this result: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated CC&Rs §§ 3.2 or 7.7. The Board, having assumed the developer's rights, was authorized to remove and appoint ARC members.

Key Issues & Findings

Alleged violation of CC&Rs regarding ARC dissolution and architectural approval authority.

Petitioner alleged that the HOA Board violated CC&Rs §§ 3.2 and 7.7 by dissolving the ARC and then acting as the ARC to approve a modification (detached garage) for a homeowner.

Orders: Petitioner's petition was denied because he failed to establish that CC&Rs §§ 3.2 or 7.7 prohibited the Respondent HOA from replacing non-Board ARC members, appointing its own members to act as the ARC, or approving the detached garage application.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(D)
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)

Analytics Highlights

Topics: HOA, ARC, CC&Rs, Board Authority, Architectural Review

Additional Citations:

A.R.S. § 32-2199(B)
A.R.S. § 33-1803
A.R.S. § 41-1092.07(D)
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)

Video Overview

Audio Overview

Decision Documents

19F-H1918027-REL Decision – 685758.pdf

Uploaded 2026-04-24T11:17:21 (194.8 KB)

19F-H1918027-REL Decision – 685758.pdf

Uploaded 2026-01-23T17:27:25 (194.8 KB)

Administrative Law Judge Decision Briefing: Dwight vs. Whisper Mountain HOA

Executive Summary

This document summarizes the Administrative Law Judge (ALJ) decision in case number 19F-H1918027-REL, concerning a dispute between homeowner N. Wayne Dwight, Jr. (“Petitioner”) and the Whisper Mountain Homeowners Association (“Respondent”). The Petitioner alleged that the HOA Board violated the community’s Covenants, Conditions, and Restrictions (CC&Rs) by suspending the Architectural Review Committee (ARC) and subsequently approving a homeowner’s construction application.

The ALJ denied the petition in its entirety, finding that the HOA Board acted within its authority. The decision established that upon the departure of the original developer (the “Declarant”), the Board inherited the Declarant’s full rights and responsibilities, including the power to both appoint and remove members of the ARC. The Judge explicitly rejected the Petitioner’s argument that ARC members held lifetime appointments, deeming such an interpretation contrary to the democratic principles of HOA governance. Consequently, the Board’s decision to remove the non-Board ARC members and appoint itself to serve as the ARC was ruled a valid exercise of its powers, and its subsequent approval of the construction application was not a violation of the CC&Rs.

Case Overview

Entity

Petitioner

N. Wayne Dwight, Jr. (Homeowner and former ARC member)

Respondent

Whisper Mountain Homeowners Association (HOA)

Adjudicator

Administrative Law Judge Diane Mihalsky

Case Number

19F-H1918027-REL

Hearing Date

January 14, 2019

Decision Date

January 29, 2019

Core Allegation

The Petitioner alleged that the Respondent’s Board violated two sections of the CC&Rs:

1. § 7.7 (Improvements and Alterations): By approving a homeowner’s application to build a detached garage on September 19, 2018, without the approval of a properly constituted ARC.

2. § 3.2 (Appeal): By creating a situation where the body making an architectural decision (the Board acting as the ARC) is the same body that would hear an appeal of that decision, rendering the appeal process meaningless.

This was based on the Petitioner’s central claim that the Board’s action on August 6, 2018, to “dissolve” or “suspend” the ARC was a violation of the governing documents.

Key Factual Background & Timeline

• Prior to 2015: The developer, VIP Homes (“Declarant”), establishes the ARC as required by the CC&Rs.

• 2015: The Declarant turns over control of the HOA to the resident-elected Board of Directors.

• March 15, 2016: The Board adopts an ARC Charter, which explicitly states: “The right to appoint and remove all appointed [ARC] members at any time is hereby vested solely in the Board.” The Petitioner is appointed as one of three non-Board members to the ARC.

• 2017 or 2018: A proposed amendment to the CC&Rs to formally replace references to “Declarant” with “Board” or “Association” is not adopted by the general membership.

• July 17, 2018: The ARC meets to consider a detached garage application from homeowners Mark and Connie Wells. The meeting is contentious, with the Petitioner expressing doubts about the ARC’s authority to grant a variance from city setback requirements. The meeting adjourns abruptly after the applicant allegedly “verbally threatened the committee.”

• August 6, 2018: The HOA Board meets and passes a motion “to suspend the ARC committee for 60 days until guidelines/expectations are clarified.” The motion states that in the interim, the Board will review and approve all ARC submissions.

• August 24, 2018: The Board sends a letter to the non-Board ARC members, including the Petitioner, informing them of the 60-day suspension.

• September 17, 2018: The Board meets and approves a revised application from the Wells, which now aligns with City of Mesa code.

• September 19, 2018: The Board, formally acting as the ARC, reviews and approves the Wells’ revised application.

• October 22, 2018: The Petitioner files his complaint with the Arizona Department of Real Estate.

• November 19, 2018: The Board adopts a “Resolution Regarding the ARC” to clarify its position. The resolution states the Board had “(i) temporarily removed the current members of the [ARC] (via a suspension) and (ii) chose to act and serve as the current [ARC].” It also formally ratifies the approval of the Wells’ garage.

Central Arguments Presented

Petitioner’s Position (N. Wayne Dwight, Jr.)

• Limited Board Authority: The CC&Rs (§ 3.4) grant the Declarant the “sole right to appoint and remove” ARC members. After the Declarant’s departure, this section states that members “shall be appointed by the Board.” The Petitioner argued this only conferred the power to appoint, not to remove.

• Failed Amendment: The failure of the membership to amend the CC&Rs to explicitly grant the Board the Declarant’s powers proves that the Board does not possess the power of removal.

• Lifetime Appointments: The Petitioner argued that once appointed, ARC members could only be removed for specific cause (e.g., moving out of the community, incapacitation) and were otherwise entitled to serve for life.

• Improper ARC Suspension: The Board’s action to suspend the committee was a violation of the CC&Rs, as the Board lacked the authority to do so.

• Invalid Approval: Because the ARC was improperly suspended, the Board’s subsequent approval of the Wells’ application violated § 7.7, which requires ARC approval for all alterations.

• Meaningless Appeals: If the Board can act as the ARC, the appeal process outlined in § 3.2, which allows a homeowner to appeal an ARC decision to the Board, becomes an “exercise in futility.”

Respondent’s Position (Whisper Mountain HOA)

• Inherited Powers: Upon the Declarant’s departure, the Board assumed all of its rights and responsibilities under the CC&Rs, including the power to both appoint and remove ARC members.

• Authority from ARC Charter: The ARC Charter, adopted in 2016, explicitly grants the Board the sole right to remove ARC members at any time.

• Intent of the Board: The Board’s intent was not to abolish the ARC, but to address concerns about the committee’s conduct, including its “way of questioning applicants” and a need for more civility, fairness, and consistency.

• Clarification of “Suspension”: The use of the word “suspend” in communications by the management company (Mariposa Group) was “unfortunate and inaccurate.” The Board’s true action, clarified in its November 19 resolution, was to remove the non-Board members and appoint its own members to serve as the ARC.

• Valid Approval: The Board was legitimately acting as the ARC when it approved the Wells’ application; therefore, § 7.7 was not violated.

Administrative Law Judge’s Analysis and Conclusions

Interpretation of Governing Documents

The ALJ concluded that restrictive covenants must be construed as a whole and interpreted to give effect to the intent of the parties. The Judge found the Petitioner’s interpretation of the CC&Rs to be unpersuasive and ultimately harmful to the community.

• The Judge stated that the Petitioner’s interpretation “elevates non-elected members of ARC above elected Board members, abrogates any community control over ARC, and does not serve the underlying purposes of the CC&Rs.”

• This “unelected lifetime appointment” concept was found to be contrary to the “democratic principles underlying HOA law in Arizona.”

On the Board’s Authority

The ALJ affirmed the HOA’s authority to manage the ARC as it did.

• Assumption of Powers: The decision concludes that “When Declarant turned Respondent HOA over to its Board, the Board assumed all of Declarant’s rights and responsibilities under the CC&Rs and related documents.” This included the power to remove ARC members.

• ARC Charter: The Judge noted that the ARC Charter also “expressly provided that the Board had the power to remove as well as to appoint members of the ARC.”

• Legitimacy of Actions: The Board was found to have acted within its authority in August 2018 when it “removed the three non-Board members of the ARC and appointed itself to perform the functions of the ARC.”

On the Alleged Violations

Based on the finding that the Board acted within its authority, the ALJ concluded that no violations occurred.

• Conclusion on CC&R § 7.7 (ARC Approval): The petition failed on this point because the Board was legitimately acting as the ARC when it approved the Wells’ application in September 2018.

• Conclusion on CC&R § 3.2 (Appeals): The petition failed on this point because the CC&Rs do not prohibit Board members from acting as the ARC. While acknowledging that appealing a decision to the same body “may be an exercise in futility,” the Judge noted that under the CC&Rs, the Board is not required to hear appeals in any event.

Final Order and Implications

Order: The petition filed by N. Wayne Dwight, Jr. was denied. The Judge found he had not established that the HOA violated CC&Rs §§ 3.2 or 7.7.

Implications: This decision establishes a strong precedent for interpreting HOA governing documents in a manner that favors functional, democratic governance over literal interpretations that could lead to impractical or absurd outcomes. It affirms that an HOA Board generally inherits the full operational powers of the original developer unless explicitly restricted, and that a Board can act to reform or reconstitute committees to ensure they serve the community’s best interests.

Study Guide: Dwight v. Whisper Mountain Homeowners Association

This study guide provides a comprehensive review of the Administrative Law Judge Decision in the case of N. Wayne Dwight, Jr. vs. Whisper Mountain Homeowners Association (No. 19F-H1918027-REL). It includes a quiz to test factual recall, essay questions for deeper analysis, and a glossary of key terms as defined within the context of the legal document.

Short-Answer Quiz

Answer each of the following questions in two to three sentences, drawing exclusively from the provided source document.

1. What were the two specific allegations made by the Petitioner, N. Wayne Dwight, Jr., in his petition filed on October 22, 2018?

2. Identify the key parties in this case and describe their respective roles or relationships to the dispute.

3. What was the purpose and outcome of the ARC meeting held on July 17, 2018, regarding the Wells’ property?

4. Explain the actions taken by the Respondent’s Board of Directors during its meeting on August 6, 2018, regarding the Architectural Review Committee (ARC).

5. What was the Petitioner’s interpretation of CC&R § 3.4 regarding the removal of ARC members, and what was the potential consequence of this interpretation as noted by the Administrative Law Judge?

6. According to the Respondent’s Board president, Greg Robert Wingert, what were the primary reasons for removing the non-Board members of the ARC?

7. Describe the role of the Mariposa Group LLC in this case and explain how its communications created confusion.

8. How did the Board clarify its actions and ratify its decisions in the November 19, 2018 Resolution?

9. What is the legal standard of proof the Petitioner was required to meet, and how is it defined in the case documents?

10. What was the final ruling of the Administrative Law Judge, and what was the core reasoning behind the decision regarding CC&Rs §§ 3.2 and 7.7?

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Answer Key

1. The Petitioner alleged that the Respondent’s Board violated Covenants, Conditions, and Restrictions (CC&Rs) §§ 3.2 and 7.7. The specific violations cited were the dissolution or suspension of the Architectural Review Committee (ARC) on August 6, 2018, and the subsequent approval of an application from two members to build a detached garage on September 19, 2018.

2. The key parties are N. Wayne Dwight, Jr. (the “Petitioner”), a property owner and former ARC member, and the Whisper Mountain Homeowners Association (the “Respondent”). The case also involves Greg Robert Wingert, the President of the Respondent’s Board, and Mark and Connie Wells, the homeowners who applied to build a detached garage. The dispute centers on the Respondent’s authority over the ARC, of which the Petitioner was a member.

3. The purpose of the July 17, 2018, meeting was for the ARC, including the Petitioner, to consider Mark and Connie Wells’ application for a detached garage. The meeting was abruptly adjourned after the applicant allegedly threatened the committee, and no formal vote was conducted at that time. However, a letter dated July 30, 2018, later informed the Wells that the ARC had approved their request.

4. At the August 6, 2018, meeting, the Board of Directors discussed the need for more consistency and guidelines for the ARC. Citing these reasons and safety concerns from a prior meeting, the Board passed a motion to “suspend the ARC committee for 60 days” and announced that in the interim, the Board itself would review and approve all ARC submissions.

5. The Petitioner argued that CC&R § 3.4 only allowed the Board to appoint, not remove, ARC members. He contended that once appointed, members could only be removed for cause and were otherwise entitled to serve for life. The Judge noted this interpretation would elevate unelected ARC members above the elected Board and abrogate community control.

6. Greg Robert Wingert testified that the Board removed the non-Board ARC members due to concerns about the “manner in which questioning was done in a public forum.” The Board’s intent was not to eliminate the ARC, but to continue the review process while making it more civil, fair, consistent, and transparent.

7. The Mariposa Group LLC was the Respondent’s management company. Its employees, such as Ed Ericksen, were responsible for drafting official communications like minutes and letters. These communications used inaccurate words like “suspend” and “dissolve” to describe the Board’s actions regarding the ARC, which Mr. Wingert testified was an “unfortunate and inaccurate” choice of words that did not reflect the Board’s true intent.

8. The November 19, 2018, Resolution clarified that the Board had removed the existing ARC members and appointed itself to act and serve as the ARC, as was its right under CC&R § 3.4. The resolution explicitly stated that the Board members were the current members of the ARC and ratified all prior architectural decisions made by the Board while serving in this capacity, including the approval of the garage on Lot 18.

9. The Petitioner was required to prove his case by a “preponderance of the evidence.” This standard is defined as proof that convinces the trier of fact that a contention is more probably true than not, representing the greater weight of evidence that is sufficient to incline a fair and impartial mind to one side of the issue.

10. The Administrative Law Judge denied the Petitioner’s petition. The Judge concluded that the Board acted within its authority when it removed the non-Board ARC members and appointed itself to perform ARC functions, meaning it did not violate CC&R § 7.7 by approving the Wells’ application. The Judge also found no violation of CC&R § 3.2, noting that the CC&Rs do not prohibit Board members from acting as the ARC.

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Essay Questions

The following questions are designed for longer-form analysis. Formulate a comprehensive response based solely on the facts and legal interpretations presented in the source document.

1. Analyze the Administrative Law Judge’s interpretation of the CC&Rs, particularly § 3.4. How does this interpretation address the transfer of power from the “Declarant” to the Board, and how does it counter the Petitioner’s argument for lifetime appointments?

2. Discuss the concept of an “appeal” as outlined in CC&R § 3.2. Evaluate the potential conflict of interest and the issue of futility raised when the Board of Directors also serves as the Architectural Review Committee.

3. Trace the timeline of events surrounding the Wells’ application for a detached garage. How did this specific application serve as the catalyst for the broader conflict between the Petitioner and the Respondent’s Board?

4. Examine the role of communication and language in this dispute. How did the specific wording used by the management company in official documents (e.g., “suspend”) differ from the Board’s stated intent, and how did this discrepancy fuel the conflict?

5. Based on the evidence presented, evaluate the argument that the Board’s actions were a necessary measure to ensure a “civil, fair, consistent, and transparent” architectural review process versus the argument that the Board overstepped its authority as defined by the CC&Rs.

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Glossary of Key Terms

Definition within the Source Context

Administrative Law Judge (ALJ)

An independent judicial officer (Diane Mihalsky) from the Office of Administrative Hearings tasked with conducting an evidentiary hearing and rendering a decision on the petition.

Architectural Review Committee (ARC)

A committee established to review and approve or deny any improvements, alterations, or other work that alters the exterior appearance of a property. Per the CC&Rs, its decisions are final unless appealed to the Board.

ARC Charter

A document adopted by the Respondent’s Board on March 15, 2016, which provided that the ARC would consist of up to four members appointed by the Board and that the Board vested itself with the sole right to appoint and remove all appointed ARC members at any time.

Board of Directors (Board)

The elected body that conducts the affairs of the Whisper Mountain Homeowners Association. The document presumes they are elected by members to specific terms.

Covenants, Conditions, and Restrictions (CC&Rs)

The governing documents for the Whisper Mountain planned community, recorded on September 7, 2016. They outline the rules for property use, the structure of the HOA, and the functions of bodies like the ARC.

Declarant

The original developer who built the planned community, identified as VIP Homes. The Declarant initially held the sole right to appoint and remove ARC members, a right that transferred to the Board after the developer was no longer involved.

Mariposa Group LLC

The management company employed by the Respondent HOA. Its employees, such as Douglas Egan and Ed Ericksen, were responsible for drafting official communications like meeting minutes and approval letters.

Office of Administrative Hearings (OAH)

An independent state agency to which the Department of Real Estate referred the petition for an evidentiary hearing.

Petitioner

N. Wayne Dwight, Jr., a property owner in the Whisper Mountain development and a former member of the ARC. He filed the petition alleging the HOA violated its CC&Rs.

Preponderance of the Evidence

The standard of proof required for the Petitioner to win the case. It is defined as “such proof as convinces the trier of fact that the contention is more probably true than not.”

Respondent

The Whisper Mountain Homeowners Association (“HOA”), the governing body for the development. The Respondent was represented by its Board and legal counsel.

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19F-H1918027-REL

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The provided text is an Administrative Law Judge Decision from the Office of Administrative Hearings regarding a dispute between a homeowner, N. Wayne Dwight, Jr. (Petitioner), and the Whisper Mountain Homeowners Association (Respondent). The Petitioner alleged that the HOA’s Board violated the community’s Covenants, Conditions, and Restrictions (CC&Rs) by dissolving or suspending the Architectural Review Committee (ARC) and subsequently approving an application for a detached garage. The decision details the background, evidence presented at the hearing, and the Administrative Law Judge’s (ALJ) findings and conclusions of law. Ultimately, the ALJ denied the petition, finding that the Board acted within its authority under the governing documents to remove non-Board ARC members and appoint itself to fulfill the ARC’s functions. The ALJ concluded that the Petitioner failed to prove the HOA violated the specified CC&Rs.

Case Participants

Petitioner Side

N. Wayne Dwight, Jr. (petitioner)
Appeared on his own behalf; former ARC member; testified on his own behalf

Respondent Side

Troy B. Stratman (attorney)
Stratman Law Firm, PLC
Represented Whisper Mountain Homeowners Association
Greg Robert Wingert (board member/witness)
Whisper Mountain Homeowners Association
Board President; Chairman of the ARC; testified for Respondent
Pam Cohen (board member)
Whisper Mountain Homeowners Association
Seconded motions; identified as 'Pam' in meeting minutes
Ronna (board member)
Whisper Mountain Homeowners Association
Made motion to suspend ARC
Gary (board member)
Whisper Mountain Homeowners Association
Douglas Egan (property manager)
Mariposa Group LLC
Sent approval letter for garage application
Ed Ericksen (property manager)
Mariposa
Community Manager; sent approval/clarification letters regarding Wells' request

Neutral Parties

Diane Mihalsky (ALJ)
Office of Administrative Hearings
Judy Lowe (Commissioner)
Arizona Department of Real Estate
Felicia Del Sol (staff)
Transmitted decision

Other Participants

Mark Wells (owner/applicant)
Whisper Mountain development
Submitted application for detached garage (Lot 18)
Connie Wells (owner/applicant)
Whisper Mountain development
Submitted application for detached garage (Lot 18)
Phil Hoyt (owner/member)
Whisper Mountain development (Lot 16)
Andy Horn (owner/member)
Whisper Mountain development (Lot 1)
Jason Komorowski (owner/member)
Whisper Mountain development (Lot 51)
Connie Harrison (neighbor)
Whisper Mountain development
Mentioned regarding Lot 18 variance condition
Don Berry (owner/member)
Whisper Mountain development (Lot 45)

Patricia Wiercinski vs. Long Meadow Ranch East Property Owners

Posted on January 22, 2019 by [email protected]

Case Summary

Case ID	19F-H1918028-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2019-05-01
Administrative Law Judge	Diane Mihalsky
Outcome	loss
Filing Fees Refunded	$0.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Patricia Wiercinski	Counsel	—
Respondent	Long Meadow Ranch East Property Owners Association, Inc.	Counsel	Ashley N. Moscarello, Esq.

Alleged Violations

A.R.S. § 33-1805(A)

Outcome Summary

The ALJ denied and dismissed the petition, finding that Petitioner failed to establish that the Respondent HOA violated A.R.S. § 33-1805(A). The documents requested (an email string among Board members) were informal communications and were not considered official records of the association because the Board never took formal action on the incident.

Why this result: The Petitioner failed to meet the burden of proof that the Board created or possessed any official documents related to the incident that they failed to produce, as the emails were deemed private, informal communications rather than official records.

Key Issues & Findings

Failure to produce association records (un-redacted email string)

Petitioner alleged Respondent violated A.R.S. § 33-1805 by failing to produce official documents, specifically an un-redacted email string among Board members concerning an incident where Petitioner's husband allegedly harassed potential property buyers.

Orders: Petition dismissed because the documents sought (un-redacted emails) were informal communications, not official records of the association required to be produced under A.R.S. § 33-1805(A).

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

A.R.S. § 33-1805(A)
A.R.S. § 33-1804(E)(4)

Analytics Highlights

Topics: homeowner records request, association records, informal communications, board quorum, records disclosure

Additional Citations:

A.R.S. § 33-1805(A)
A.R.S. § 33-1804(E)(4)
A.R.S. § 32-2199(B)

Video Overview

Audio Overview

Decision Documents

19F-H1918028-REL Decision – 705044.pdf

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19F-H1918028-REL Decision – 684134.pdf

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19F-H1918028-REL Decision – 705044.pdf

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19F-H1918028-REL Decision – 684134.pdf

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19F-H1918028-REL Decision – 684134.pdf

Uploaded 2026-01-23T17:27:32 (149.9 KB)

Legal Dispute Briefing: Wiercinski v. Long Meadow Ranch East POA

Executive Summary

This document provides a comprehensive analysis of the legal dispute between homeowner Patricia Wiercinski and the Long Meadow Ranch East Property Owners Association, Inc. (the “Respondent” or “HOA”). The case, adjudicated by the Arizona Office of Administrative Hearings, centered on the HOA’s alleged failure to produce official records in violation of Arizona statute A.R.S. § 33-1805. The dispute originated from a June 19, 2017 incident where Wiercinski’s husband, Wayne Coates, allegedly confronted and verbally abused potential buyers of a neighboring property, causing them to withdraw their interest.

The core of the legal challenge involved an email exchange among HOA board members discussing the incident. Wiercinski’s petition, filed on October 18, 2018, demanded access to what she believed were official HOA documents related to this event. The case proceeded through an initial hearing on January 10, 2019, and a subsequent rehearing on April 22, 2019, both overseen by Administrative Law Judge Diane Mihalsky.

In both hearings, the Judge ruled decisively in favor of the HOA. The central finding was that the private email communications among board members did not constitute an “official record of the association.” Therefore, the HOA had no statutory obligation to produce them or provide an un-redacted version. The judge upheld the HOA’s decision to redact the names of the potential buyers and their agent, citing credible testimony regarding Mr. Coates’ history of “threatening and bullying neighbors” as a reasonable justification for protecting those individuals from potential harassment. Both of Wiercinski’s petitions were ultimately denied and dismissed.

Case Overview and Parties Involved

The dispute was formally adjudicated within the jurisdiction of the Arizona Department of Real Estate and referred to the Office of Administrative Hearings for evidentiary proceedings.

• Case Number: 19F-H1918028-REL

• Initial Hearing Date: January 10, 2019

• Rehearing Date: April 22, 2019

• Presiding Judge: Administrative Law Judge Diane Mihalsky

Key Individuals and Entities

Name/Entity

Patricia Wiercinski

Petitioner; homeowner and member of the HOA.

Wayne Coates

Petitioner’s husband; central figure in the June 19, 2017 incident.

Long Meadow Ranch East POA, Inc.

Respondent; the Homeowners’ Association (“HOA”).

Michael “Mike” Olson

President of the Respondent’s Board of Directors.

Gregg Arthur

Director on the Respondent’s Board and a realtor.

Joe Zielinski

Director on the Respondent’s Board.

Kathy Andrews

Community Manager for the Respondent, employed by HOAMCO.

John Allen

HOA member and owner of the lot being sold.

Ashley N. Moscarello, Esq. (Goodman Law Group)

Legal representative for the Respondent.

Diane Mihalsky

Administrative Law Judge, Office of Administrative Hearings.

The Core Incident of June 19, 2017

The legal dispute stemmed from an encounter on June 19, 2017, involving Wayne Coates and a family considering the purchase of a vacant lot on Puntenney Rd., located across the street from the Wiercinski/Coates residence.

According to an email from the prospective buyers, Mr. Coates confronted them, their son, and their architect as they were viewing the property.

• Coates’ Alleged Actions: He “came out of his house and was belligerent and cursing at them,” claiming “nothing was for sale around here.” The potential buyer described him as “verbally abusive and extremely confrontational,” making “rude remarks while cussing” and displaying “extreme aggressive behavior.”

• Impact on the Sale: The confrontation directly caused the potential buyers to withdraw their offer. In their correspondence, they stated:

• Broader Concerns: The incident was seen by some as detrimental to the entire community. Board Director Gregg Arthur noted, “Wayne thru his actions appears to have interfered with and destroyed a property sale. We need to meet and take action on this matter as it will have a broad and chilling effect amongst the realtor community (effecting us all) not to mention the property owners.”

The Initial Hearing and Decision (January 2019)

The initial hearing focused on whether the HOA had withheld official records of its deliberations or decisions regarding the June 19, 2017 incident.

Petitioner’s Position

Patricia Wiercinski argued that the HOA violated A.R.S. § 33-1805 by failing to produce documents. Her key assertions were:

• Because an email about the incident was sent to a quorum of the Board, the matter constituted official business.

• The Board was legally required to make a formal motion and arrive at a documented decision, even if that decision was to take no action.

• She had never received any such documentation, such as minutes from an executive session or an open meeting.

• She pointed to a Board resolution regarding the electronic storage of documents as evidence that such records must exist.

Respondent’s Position

The HOA, represented by Ashley N. Moscarello, denied any violation. Their defense included:

• The email chain was an informal communication among neighbors and Board members on their personal email servers, not an official HOA record.

• No member had ever requested the Board take official action on the matter.

• The email string was provided voluntarily to the Petitioner.

• The names of the potential buyers and their real estate agent were redacted specifically because “Mr. Coates had a history of bullying and intimidating people.”

• The Board never formally discussed the incident, held a meeting, voted, or took any official action.

• The Community Manager, Kathy Andrews, testified that no official records (agendas, resolutions, minutes, etc.) pertaining to the incident existed.

Outcome and Rationale

The Administrative Law Judge denied the petition. The key conclusions of law were:

• The burden of proof was on the Petitioner to show a violation occurred.

• The simple fact that a quorum of Board members discussed a topic in private emails “does not make it official Board business,” especially when no action is taken.

• Forcing volunteer board members to formally document every informal discussion would be an “unnecessary and burdensome requirement.”

• Because the Petitioner did not establish that any official documents regarding the incident existed, the petition was dismissed.

The Rehearing and Final Decision (May 2019)

Wiercinski requested and was granted a rehearing, alleging “misconduct by the judge.” In this second hearing, she significantly altered her legal argument.

Petitioner’s Evolved Position

Wiercinski abandoned her claim that the Board was required to create a formal record of inaction. Instead, her new theory was:

• The email string itself, having been voluntarily produced by the HOA, must be considered an “official record of the association.”

• As an official record, A.R.S. § 33-1805 required the HOA to produce a complete, un-redacted copy.

• She argued that she and Mr. Coates had a right to know the identities of those who had accused him of belligerence.

Respondent’s Defense

The HOA’s defense remained consistent:

• The redaction of names was a necessary and reasonable measure to protect the individuals from potential harassment by Mr. Coates.

• The incident was a personal dispute between neighbors and did not violate any of the HOA’s governing documents (CC&Rs, bylaws), placing it outside the Board’s enforcement authority.

• Kathy Andrews again testified that the email was not part of the association’s archived business records, as the Board took no official action.

Final Outcome and Rationale

The Judge once again dismissed the petition. The final ruling reinforced the initial decision and provided further clarity:

• The email string was definitively not a “record of the association.”

• Because it was not an official record, A.R.S. § 33-1805 did not compel the HOA to provide an un-redacted version.

• The Judge explicitly validated the HOA’s motive for the redactions, stating that the Board President’s fear that “Mr. Coates would harass the real estate agent and potential purchaser… does not appear unreasonable.”

Key Evidence and Testimony

The email communications provided the primary evidentiary basis for the case.

Incriminating Email Content

Several emails from June 20, 2017, highlighted the severity of the incident and concerns about Wayne Coates:

• From Real Estate Agent to Potential Buyer: “He [John Allen] knows this person, Wayne Coates, and said he has been an issue in the neighborhood before. He has contacted Hoamco and is seeking legal [counsel] to stop this menace.”

• From Director Joe Zielinski to the Board: “The YCSO [Yavapai County Sheriff’s Office] may file charges against Wayne for disorderly conduct/harassment… given Wayne’s arrest record and prison term and criminal history. … I don’t believe Wayne (and Patricia’s) aggressive and disruptive behavior will stop.”

• From Director Gregg Arthur to the Board: “I was hoping that this would not be a situation we would have to encounter with Wayne Coates and Patricia however here it is on our door step.”

Definition of “Official Records”

Testimony from Community Manager Kathy Andrews was crucial in establishing the distinction between official and unofficial communications. She defined official records as including:

• Governing documents and architectural guidelines.

• Board and general meeting minutes.

• Expenditures, receipts, contracts, and financials.

• Anything submitted to the Board for official action.

She confirmed that because the Board took no action on the June 19, 2017 incident, the related emails were not included in Respondent’s archived records.

Wiercinski v. Long Meadow Ranch East POA: A Case Study

This study guide provides a comprehensive overview of the administrative case of Patricia Wiercinski versus the Long Meadow Ranch East Property Owners Association, Inc. The case revolves around a homeowner’s request for association records and the legal definition of what constitutes an official document that a homeowners’ association is required to produce under Arizona law. The material is drawn from two Administrative Law Judge Decisions, dated January 22, 2019, and May 1, 2019.

Key Parties and Individuals

Role / Title

Affiliation

Patricia Wiercinski

Petitioner

Homeowner, Member of Respondent

Wayne Coates

Petitioner’s Husband

Homeowner

Long Meadow Ranch East POA, Inc.

Respondent

Homeowners’ Association (HOA)

Diane Mihalsky

Administrative Law Judge (ALJ)

Office of Administrative Hearings

Ashley N. Moscarello, Esq.

Legal Counsel for Respondent

Goodman Law Group

Michael “Mike” Olson

President of the Board

Respondent (HOA)

Gregg Arthur

Director on the Board

Respondent (HOA)

Kathy Andrews

Community Manager

HOAMCO (Respondent’s management company)

John Allen

Property Owner / HOA Member

Long Meadow Ranch East

Joe Zielinski

Director on the Board

Respondent (HOA)

Jim Robertson

Director on the Board

Respondent (HOA)

Tom Reid

Director on the Board

Respondent (HOA)

Boris Biloskirka

Former Board Member

Respondent (HOA)

Timeline of Key Events

June 19, 2017

An incident occurs where Wayne Coates allegedly acts belligerently toward potential buyers of John Allen’s property.

June 20, 2017

An email exchange regarding the incident occurs between John Allen, his realtor, and members of the HOA Board.

October 18, 2018

Patricia Wiercinski files a petition with the Arizona Department of Real Estate, alleging the HOA violated A.R.S. § 33-1805.

January 10, 2019

The initial evidentiary hearing is held before Administrative Law Judge Diane Mihalsky.

January 22, 2019

The ALJ issues a decision denying Wiercinski’s petition.

Post-Jan 22, 2019

Wiercinski requests a rehearing, alleging misconduct by the judge. The request is granted.

April 22, 2019

The rehearing is held.

May 1, 2019

The ALJ issues a final decision, again dismissing Wiercinski’s petition.

The Core Dispute: The June 19, 2017 Incident

On June 19, 2017, potential buyers, along with their builder, architect, and son, were viewing a lot for sale owned by John Allen on Puntenney Rd. The lot was across the street from the home of Patricia Wiercinski and Wayne Coates. An elderly man, later identified as Wayne Coates, came out of the house and was allegedly “belligerent and cursing” at the group, telling them nothing was for sale and they should not be snooping around. The potential buyers described the individual as “verbally abusive and extremely confrontational,” displaying “extreme aggressive behavior.” As a result of this encounter, the potential buyers decided to remove the lot from their list of considerations, stating they were seeking a “quiet, peaceful, and neighborly place to retire. Not a place with hostility and confrontation.”

This incident prompted John Allen to contact his realtor and members of the HOA Board, seeking action to prevent such behavior from interfering with future property sales.

The Legal Proceedings

Petitioner’s Argument: Patricia Wiercinski alleged that the HOA (Respondent) violated A.R.S. § 33-1805 by failing to produce documents related to its deliberations, decisions, and actions regarding the June 19, 2017 incident. Her core arguments were:

• The email about the incident was sent to a quorum of the Board, making it official business.

• The Board was required to make a formal motion and decision, even if it decided to take no action against her husband.

• She never received documents showing the Board addressed the incident in an executive session or open meeting.

• She did not receive a map referenced in one of the emails or a letter mentioned by board member Joe Zielninski in a video.

• An HOA resolution to electronically store all association business documents meant the requested records must exist.

Respondent’s Argument: The HOA denied violating any statute. Its defense was based on the following points:

• The Board never took any official action against Wiercinski or Coates as a result of the incident.

• The email string was an informal communication among Board Directors on their personal servers and was not kept as an official record. It was provided to Wiercinski voluntarily.

• The names of the potential purchasers and real estate agent were redacted from the emails because Wayne Coates has a known history of “threatening and bullying neighbors and others.”

• No official discussion or vote on the incident ever occurred in an executive session or general meeting.

ALJ’s Decision (January 22, 2019): The Administrative Law Judge denied the petition. The decision concluded that Wiercinski did not meet her burden of proof to establish that any official documents regarding the incident existed that the Respondent failed to produce. The judge reasoned that the mere fact a quorum of Board members informally discusses a topic in private emails does not make it official Board business, especially when no action is taken.

Reason for Rehearing: Wiercinski requested a rehearing, alleging misconduct by the judge. The Commissioner of the Department of Real Estate granted the request without noting any specific misconduct or stating why it should have changed the result.

Petitioner’s Changed Argument: At the rehearing, Wiercinski changed her theory of the case. She no longer argued that the Board failed to produce a record of a formal decision. Instead, she argued that:

• The email string itself was an official record of the association’s business.

• A.R.S. § 33-1805 therefore required the HOA to produce a fully un-redacted copy of the emails.

• She and Mr. Coates had a right to know the names of the individuals accusing Mr. Coates of belligerence.

Respondent’s Rebuttal: The HOA maintained its position:

• The email string was not an official record because the Board never took any action on the matter. The incident did not violate any of the HOA’s CC&Rs, bylaws, or anything else it was empowered to enforce.

• Community Manager Kathy Andrews testified that official records include governing documents, minutes, and items submitted to the Board for action. Since the Board took no action, the email was not included in the association’s archived records.

• The names were redacted because of Mr. Coates’s history of intimidation, and the Board president feared he would harass the individuals involved.

ALJ’s Final Decision (May 1, 2019): The petition was dismissed again. The ALJ reaffirmed that the email string was not a “record of the association.” Therefore, A.R.S. § 33-1805(A) did not require the Respondent to provide an un-redacted version to the Petitioner. The judge also noted that the fear of harassment by Mr. Coates, which prompted the redactions, “does not appear unreasonable.”

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Answer the following questions in 2-3 sentences based on the information provided in the case documents.

1. What specific event on June 19, 2017, initiated the legal dispute?

2. What Arizona statute did Patricia Wiercinski claim the HOA violated, and what does that statute generally require?

3. Why did the HOA state it redacted names from the email chain it provided to Wiercinski?

4. In the initial hearing, what did Wiercinski argue the HOA Board was required to do even if it decided to take no action on the incident?

5. How did Wiercinski’s primary legal argument change between the first hearing and the rehearing?

6. Who is Kathy Andrews, and what was her testimony regarding the HOA’s official records?

7. Did the HOA Board ever hold a formal meeting or take an official vote regarding the incident involving Wayne Coates?

8. According to the ALJ, does an informal email discussion among a quorum of board members automatically constitute “official Board business”?

9. What was the final ruling in the case after the rehearing?

10. What reason did HOA President Mike Olson give for the Board not taking official action on the June 19, 2017 incident?

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Answer Key

1. The event was an alleged confrontation where Wayne Coates was belligerent and verbally abusive toward potential buyers who were viewing a property for sale across the street from his home. This encounter caused the buyers to lose interest in the property.

2. Wiercinski claimed the HOA violated A.R.S. § 33-1805. This statute requires that all financial and other records of a homeowners’ association be made reasonably available for examination by any member.

3. The HOA stated it redacted the names of the potential purchasers and their real estate agent due to Wayne Coates’s history of “threatening and bullying neighbors and others.” Board President Mike Olson testified he feared Mr. Coates would harass the individuals if their identities were revealed.

4. In the initial hearing, Wiercinski argued that the Board was required to make a formal motion and arrive at a formal, documented decision even if it decided it was not going to take any action against her husband.

5. In the rehearing, Wiercinski’s argument shifted from claiming the HOA failed to produce a record of a decision to arguing the email string itself was an official record. She then demanded that the HOA provide a fully un-redacted version of this email string.

6. Kathy Andrews is the community manager for the HOA, employed by the management company Hoamco. She testified that the association’s official records include items like governing documents, meeting minutes, and anything submitted to the Board for action, and that the email was not an official record because the Board took no action.

7. No. Testimony from multiple witnesses, including Mike Olson and Gregg Arthur, confirmed that the Board never discussed the incident at an executive meeting or general membership meeting and never voted or took any official action as a result of the incident.

8. No. The ALJ’s decision states that the mere fact a quorum of Board members discusses a topic does not make it official Board business, especially if they do not take any action to make it so.

9. The final ruling was that the Petitioner’s petition was dismissed. The ALJ found that the email string was not an official record of the association, so the HOA was not required by law to provide an un-redacted version.

10. Mike Olson testified that the Board never voted to take any action because the alleged incident did not violate the Respondent’s CC&Rs, bylaws, or anything else that the HOA was authorized or empowered to enforce.

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Essay Questions

1. Analyze the distinction made by the Administrative Law Judge between informal discussions among board members and “official Board business.” How did this distinction shape the outcome of both hearings?

2. Discuss the evolution of Patricia Wiercinski’s legal strategy from the initial hearing to the rehearing. Was the change in argument effective, and why or why not?

3. Examine the roles of A.R.S. § 33-1805 and A.R.S. § 33-1804 in this case. Explain how the Petitioner and Respondent interpreted these statutes differently and how the Administrative Law Judge ultimately applied them.

4. Based on the testimony of Mike Olson and Kathy Andrews, describe the HOA’s official position on record-keeping and its justification for not treating the email string as an official document.

5. Evaluate the Respondent’s decision to redact the names of non-members from the email string. What reasons were given for this action, and how did the Administrative Law Judge view this justification in the final ruling?

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Glossary

• Administrative Law Judge (ALJ): The impartial judge who presides over administrative hearings, hears evidence, and makes legal decisions. In this case, the ALJ was Diane Mihalsky.

• A.R.S. § 33-1805(A): An Arizona Revised Statute cited in the case which provides that “all financial and other records of the association shall be made reasonably available for examination by any member.”

• A.R.S. § 33-1804(E)(4): An Arizona Revised Statute cited in the case which provides that any quorum of the board of directors that meets informally to discuss association business must comply with open meeting and notice provisions.

• Homeowners’ Association (HOA): An organization in a subdivision, planned community, or condominium building that makes and enforces rules for the properties and its residents. In this case, the Long Meadow Ranch East Property Owners Association, Inc.

• Petitioner: The party who files a petition to initiate a legal proceeding. In this case, Patricia Wiercinski.

• Preponderance of the Evidence: The standard of proof required in this administrative hearing. It is defined 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.”

• Quorum: The minimum number of members of a deliberative assembly (such as a board of directors) necessary to conduct the business of that group. The petitioner argued that because a quorum of the board was included on the emails, the discussion constituted official business.

• Respondent: The party against whom a petition is filed. In this case, the Long Meadow Ranch East Property Owners Association, Inc.

4 Shocking Lessons from an HOA Lawsuit About a “Nightmare Neighbor”

Introduction: Behind the Closed Doors of the HOA Board

Many people live in communities governed by a Homeowners’ Association (HOA), navigating the rules and paying the dues as part of modern suburban life. But what happens when a serious dispute between neighbors erupts? What if one resident’s behavior is so aggressive that it costs another the sale of their property? A real-life administrative law case from Prescott, Arizona, provides a rare and fascinating look into the messy reality of HOA governance. The lawsuit, filed by a homeowner against her HOA for allegedly withholding records, reveals surprising truths about what constitutes “official business” and the real-world limits of an HOA’s power.

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1. Not All HOA Talk is “Official Business”—Even When the Whole Board Is In on It.

The case centered on a dramatic incident. A homeowner’s husband, Wayne Coates, was accused of being “belligerent and cursing” at potential buyers viewing a lot across the street, causing them to back out of the sale. The distressed property seller, John Allen, emailed an HOA board member, Gregg Arthur, who then forwarded the complaint to the entire board. The petitioner, Mr. Coates’ wife, argued that this email chain was an official HOA record.

Her argument rested on a profound misunderstanding of board governance that many residents likely share: she claimed the board was legally required to make a motion and arrive at a formal decision even if it decided to do nothing. The administrative law judge firmly rejected this idea. The emails were deemed informal, private communications, not official records.

The judge clarified that “official business” is triggered when a board moves toward a formal decision or action that would bind the association, such as spending funds, issuing a violation, or changing a rule. These emails were purely informational and investigatory, never reaching that threshold. This distinction is a cornerstone of volunteer board governance, as it protects boards from being paralyzed by procedure. The judge’s decision powerfully refutes the notion that boards must formally document every issue they choose not to pursue:

the mere fact that a quorum of Board members may discuss a topic does not make it official Board business, especially if they do not end up taking any action to make a matter board business. Any other result would impose an unnecessary and burdensome requirement on volunteers who are not compensated for their time who are may be neighbors and who may also be friends, in addition to being Board members.

2. A Neighbor’s Behavior Can Kill a Property Sale, and Your HOA Might Be Powerless.

The impact of Mr. Coates’ alleged actions was immediate and severe. The potential buyers, seeking a peaceful retirement, were so shaken by the confrontation that they explicitly withdrew their interest in the property.

An email from the potential buyer, submitted as evidence, vividly illustrates the direct financial consequence of the neighbor’s behavior:

In closing when we returned one thing that stands out is would we want to live next to this type of behavior of [a] neighbor? The answer is no, this lot was one that we had in our top 2 Lots as a consideration for purchase but due to the volatile potential of this man, we have decided at this point to remove it from our list.

Despite the clear harm to a member, the HOA concluded it could not intervene. According to testimony, Community Manager Kathy Andrews explained that the HOA had “no authority to become involved in a personal dispute between neighbors.” Further, Board President Mike Olson testified that the incident did not violate any specific CC&Rs or bylaws the board was empowered to enforce. This highlights a counter-intuitive reality for many homeowners: not all bad neighbor behavior falls under an HOA’s jurisdiction, even when it negatively affects property sales. However, while the HOA was powerless, the situation was not a dead end for the seller, who court records show did eventually sell his lot to someone else.

3. Transparency Has Limits, Especially When a Resident Is Seen as a Threat.

The petitioner demanded an un-redacted copy of the emails, wanting to know exactly who was accusing her husband. The HOA refused, redacting the names of the potential buyers and their real estate agent.

The reason, according to sworn testimony from HOA President Mike Olson, was that Mr. Coates had a “history of threatening and bullying neighbors and others.” This case highlights the inherent tension between a member’s right to information and the board’s fiduciary duty to protect individuals from harm. While members have a right to access official records, that right is not absolute.

The judge validated the board’s exercise of its duty of care, finding its rationale for the redactions to be sound. In a moment of legal irony, the judge noted that the board’s fear was reasonable, “especially given Mr. Coates’ role in causing Petitioner to prosecute this petition at the original hearing and rehearing.” In effect, the petitioner’s own aggressive pursuit of the case in court helped to legally justify the board’s initial decision to protect identities from her husband.

4. Suing Your HOA Can Put Your Own Dirty Laundry on Display.

Perhaps the greatest irony of the lawsuit is what it ultimately accomplished. In her quest to obtain what she believed were improperly withheld documents, the petitioner’s legal action placed deeply unflattering information about her husband directly into the public record for anyone to see.

Emails submitted as evidence contained damaging statements, including an email from board member Joe Zielinski that is now a permanent part of the court file. It contained severe allegations that went far beyond the initial incident.

The YCSO [Yavapai County Sheriff’s Office] may file charges against Wayne for disorderly conduct/harassment, based on what happened to Mr. Allan and the others in attendance, given Wayne’s arrest record and prison term and criminal history. . . . I don’t believe Wayne (and Patricia’s) aggressive and disruptive behavior will stop.

This serves as a powerful “be careful what you wish for” lesson in HOA litigation. The lawsuit, intended to hold the HOA accountable, permanently enshrined the allegations about her husband’s “arrest record and prison term” in the public court record—the very opposite of the privacy and vindication the petitioner was likely seeking.

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Conclusion: The Fine Line Between Community and Controversy

This case peels back the curtain on the complex world of volunteer-run HOAs. It demonstrates that the line between an informal discussion among neighbors and official, actionable HOA business is finer and more consequential than most residents assume. It shows that an HOA’s power has clear limits and that a board’s duty to protect individuals can sometimes override demands for total transparency. It makes you wonder: when you see a problem in your neighborhood, is it truly the HOA’s business to solve, or is it a personal dispute between neighbors?

Case Participants

Petitioner Side

Patricia Wiercinski (petitioner)
Appeared on her own behalf
Wayne Coates (petitioner's husband)
Central figure in the June 19, 2017 incident

Respondent Side

Ashley N. Moscarello (HOA attorney)
Goodman Law Group
Represented Respondent
Michael Olson (board president, witness)
President of Respondent's board; testified at hearing and rehearing
Gregg Arthur (board director, witness)
Director on Respondent's board; testified at hearing
Kathy Andrews (property manager, witness)
HOAMCO
Respondent's community manager; employed by HOAMCO; testified at hearing and rehearing
John Allen (member/complainant)
Owner trying to sell property across the street from Petitioner; member of Respondent
Jim Robertson (board director)
Director on Respondent's board
Joe Zielinski (board director, witness)
Director on Respondent's board; mentioned conversation with YCSO deputy
Tom Reid (board director)
Director on Respondent's board
Boris Biloskirka (former board member)
Recipient of emails; identified as a former Board member
Josh (compliance officer)
Referenced in emails regarding compliance inspections

Neutral Parties

Diane Mihalsky (ALJ)
Administrative Law Judge
Shelia Polk (head prosecutor)
Head of the office Joe Zielinski sought to contact regarding Wayne Coates
YCSO’s deputy (deputy)
Yavapai County Sheriff’s Office
Conversed with Joe Zielinski regarding the incident
Judy Lowe (commissioner)
Arizona Department of Real Estate
Commissioner of the Arizona Department of Real Estate
Felicia Del Sol (administrative staff)
Transmitted decision electronically

Scott Servilla & Heidi H Servilla vs. Village of Oakcreek Association

Posted on January 9, 2019 by [email protected]

Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID	18F-H1817018-REL-RHG
Agency	ADRE
Tribunal	OAH
Decision Date	2019-01-09
Administrative Law Judge	Tammy L. Eigenheer
Outcome	The Administrative Law Judge denied the entire petition. Although the Respondent used a faulty ballot (Issue 2), the Petitioner waived the right to object by failing to raise a complaint prior to the vote. Petitioner also failed to prove his claims for issues 1 and 3.
Filing Fees Refunded	$1,500.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Scott Servilla & Heidi H Servilla	Counsel	—
Respondent	Village of Oakcreek Association	Counsel	Mark K. Sahl

Alleged Violations

A.R.S. § 33-1817(A)(1)
A.R.S. § 33-1812(A)
By-Laws Section 8, Article VIII

Outcome Summary

The Administrative Law Judge denied the entire petition. Although the Respondent used a faulty ballot (Issue 2), the Petitioner waived the right to object by failing to raise a complaint prior to the vote. Petitioner also failed to prove his claims for issues 1 and 3.

Why this result: Petitioner waived the right to object to the ballot defect (Issue 2) by allowing the vote to proceed without objection, and failed to prove the claims for Issues 1 and 3.

Key Issues & Findings

Vote count required to amend declaration

Petitioner requested an order declaring the amendment invalid due to insufficient vote count.

Orders: Claim failed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Absence of separate voting opportunity for proposed actions

Petitioner sought an order declaring the amendment invalid because the ballot improperly required a single vote on two separate actions.

Orders: Claim denied on rehearing. Petition denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

A.R.S. § 33-1812(A)
Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297
Allen v. State, 14 Ariz. 458, 130 P. 1114

Unauthorized fines in excess of $50

Petitioner requested an order that the Association cannot levy fines in excess of $50 per violation.

Orders: Claim failed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Analytics Highlights

Topics: HOA elections, absentee ballots, waiver doctrine, amendment procedure, fines

Additional Citations:

A.R.S. § 33-1817(A)(1)
A.R.S. § 33-1812(A)
A.R.S. § 33-1812(B)(2)
Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297
Allen v. State, 14 Ariz. 458, 130 P. 1114

Related election workflow tool

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Video Overview

Audio Overview

Decision Documents

18F-H1817018-REL-RHG Decision – 673729.pdf

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18F-H1817018-REL-RHG Decision – 673828.pdf

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18F-H1817018-REL-RHG Decision – 680738.pdf

Uploaded 2026-01-23T17:22:34 (103.5 KB)

Briefing Document: Servilla v. Village of Oakcreek Association (Case No. 18F-H1817018-REL-RHG)

Executive Summary

This briefing document analyzes the Administrative Law Judge (ALJ) Decision in the case of Scott S. Servilla versus the Village of Oakcreek Association. The final order, issued on January 9, 2019, following a rehearing, denied the petitioner’s claims. The central issue revolved around a homeowners association vote held on November 10, 2016, where two distinct amendments—one concerning property leasing and another a schedule of fines—were combined into a single item on the ballot.

The petitioner argued this ballot format violated Arizona statute A.R.S. § 33-1812(A), which requires a separate opportunity to vote for or against each proposed action. However, the ALJ’s decision did not rule on the merits of this statutory violation. Instead, the petition was denied based on the legal doctrine of waiver. The ALJ concluded that the petitioner, having received the allegedly defective ballot more than a month before the vote, had forfeited his right to challenge the procedure by failing to raise any objection until after the vote was completed and the unfavorable outcome was known. The decision heavily relies on the precedent set by the Arizona Supreme Court in Zajac v. City of Casa Grande, which established that a party cannot knowingly allow a flawed election to proceed and then protest only after receiving an undesirable result. The ALJ’s decision is binding, with any appeal required to be filed in superior court.

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I. Case Overview

This matter was a dispute brought before the Arizona Office of Administrative Hearings between a homeowner and a homeowners association regarding the validity of an amendment to the association’s governing documents.

Case Detail

Information

Case Number

18F-H1817018-REL-RHG

Petitioner

Scott Servilla & Heidi H Servilla

Respondent

Village of Oakcreek Association

Administrative Law Judge

Tammy L. Eigenheer

Hearing Date

November 29, 2018

Record Held Open Until

December 20, 2018

Decision Issued

January 9, 2019

II. Procedural History

1. Initial Petition: On or about November 13, 2017, Scott S. Servilla filed a petition with the Arizona Department of Real Estate against the Village of Oakcreek Association, an HOA with 2436 homeowners.

2. Expansion of Claims: The petitioner initially filed a single-issue petition with a $500 fee but was ordered by the ALJ to either specify the single issue or pay for a multi-issue hearing. The petitioner paid an additional $1,000 and proceeded with three distinct claims.

3. First ALJ Decision: Following an initial hearing, the ALJ found that the petitioner failed to prove two of his three claims. On the second claim—the improper ballot format—the judge found a statutory violation had occurred but concluded that “because the statute did not provide an enforcement mechanism to the Administrative Law Judge, no remedy could be ordered.”

4. Request for Rehearing: The petitioner filed a Request for Reconsideration, arguing that the conclusion of “no remedy” was contrary to law.

5. Rehearing Granted: On or about September 21, 2018, the Commissioner for the Arizona Department of Real Estate granted the request for a rehearing, which was held on November 29, 2018.

III. The Central Dispute: The November 10, 2016 Vote

The core of the dispute was the validity of a vote taken during a Special Meeting of Members on November 10, 2016.

• Bundled Amendments: The vote’s stated purpose was to approve the “Leasing and Schedule of Fines Assessment.” This single proposal combined two separate and substantive changes to the Master Declaration:

1. Addition of Section 4.23: Leasing of Lots and Units; Restrictions and Limitations, which established a minimum lease term of 30 days and prohibited leasing less than an entire unit.

2. Replacement of Section 5.08: Schedule of Fines, which permitted the association’s committee to adopt a new schedule specifying fines for violations.

• Ballot Format: The absentee ballot provided members with only a single voting choice: “FOR THE LEASING AND SCHEDULE OF FINES AMENDMENT” or “AGAINST THE LEASING AND SCHEDULE OF FINES AMENDMENT.”

• Statutory Violation Alleged: The petitioner contended this format violated A.R.S. § 33-1812(A), which requires that a ballot “shall set forth each proposed action” and “shall provide an opportunity to vote for or against each proposed action.”

• Vote Outcome: A total of 1,067 ballots were received (approximately 44% of members). Of those, 564 voted in favor of the amendment, constituting approximately 53% of the votes cast.

IV. Key Arguments at Rehearing

• Statutory Violation: The ballot was legally defective because it combined two distinct proposed actions into one vote, denying members the right to vote on each separately as required by statute.

• Evidence of Dissent: The petitioner argued that a subsequent vote in April 2017, in which members rejected a proposal to eliminate the By-Laws’ $50 fine limit, demonstrated that “had the proposed amendment been broken into two parts, the part of the proposed amendment dealing with the fines most likely would have failed.”

• Requested Remedy: The petitioner argued that based on case law, the ALJ was authorized to declare the entire amendment void and unenforceable.

• Waiver of Objection: The respondent’s primary argument was that the petitioner had waived any right to object to the ballot format. The petitioner received the absentee ballot on or about October 4, 2016, but did not raise an objection until April 2017, long after the November 10, 2016 vote was completed.

• Lack of Enforcement Provision: The respondent also maintained its earlier position that even if a violation of A.R.S. § 33-1812(A)(2) occurred, the statute itself provides no enforcement mechanism or remedy.

V. Administrative Law Judge’s Decision and Rationale

The ALJ’s final decision denied the petitioner’s petition in its entirety, based solely on the legal principle of waiver.

The ALJ found that the petitioner’s failure to object to the ballot’s format in a timely manner was fatal to his claim.

• Awareness of Defect: The petitioner received the absentee ballot on October 4, 2016, over a month before the November 10, 2016 vote. This provided sufficient time to identify the procedural issue and raise an objection.

• Failure to Act: By not objecting before the vote, the petitioner allowed the flawed process to proceed. He only lodged a complaint after the results were not in his favor.

• Forfeiture of Rights: The ALJ concluded, “As Petitioner was or should have been aware of the alleged issues with the ballot, he waived his right to bring forth a complaint about the ballot when he allowed the vote to proceed on November 10, 2016.”

The decision rested on the Arizona Supreme Court case Zajac v. City of Casa Grande (2004), which itself relied on Allen v. State (1913). This precedent establishes that a party cannot remain silent about a known procedural defect in an election process and then challenge the process only after an unfavorable outcome.

• Key Principle: The ALJ articulated the principle from Zajac: “one cannot knowingly let a defective vote proceed only to complain and seek redress if the results are not to the individual’s liking.”

• Direct Quotation: The decision directly quotes the ruling in Zajac to finalize its point: “He cannot have it both ways; that is, he cannot allow the [vote] to proceed without objection, and then be permitted thereafter to assert his protest.”

• Petition Denied: “IT IS ORDERED that Petitioner’s petition is denied.”

• Binding Decision: As the decision was issued as a result of a rehearing, it is legally binding on the parties.

• Appeal Process: Any party wishing to appeal the order must file for judicial review with the superior court within thirty-five days from the date the order was served (January 9, 2019).

Study Guide: Servilla v. Village of Oakcreek Association (Case No. 18F-H1817018-REL-RHG)

This guide provides a comprehensive review of the administrative legal case involving Petitioner Scott Servilla and Respondent Village of Oakcreek Association, as detailed in the Administrative Law Judge Decision of January 9, 2019. It includes a short-answer quiz to test factual recall, a corresponding answer key, suggested essay questions for deeper analysis, and a glossary of key terms.

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Short Answer Quiz

Instructions: Answer the following ten questions in 2-3 sentences each, based entirely on the information provided in the source documents.

1. Who were the primary parties in this case, and what roles did they play?

2. What were the two distinct proposed changes that were combined into a single voting item on the November 10, 2016 absentee ballot?

3. Which specific Arizona Revised Statute did the Petitioner allege was violated by the format of the ballot, and what does that statute require?

4. What was the numerical outcome of the November 10, 2016 vote on the proposed amendment?

5. What was the Respondent’s primary legal argument for why the Petitioner’s complaint about the faulty ballot should be dismissed?

6. What key legal precedent, specifically the case of Zajac v. City of Casa Grande, did the Administrative Law Judge (ALJ) rely upon in the final decision?

7. According to the decision, when did the Petitioner receive the ballot, and why was this date critical to the ALJ’s final ruling?

8. What was the finding in the initial Administrative Law Judge Decision regarding the ballot issue, and why did it lead to a request for a rehearing?

9. Describe the separate vote that occurred in April 2017 and explain how the Petitioner used it to support his argument regarding the 2016 vote.

10. What was the final order issued by Administrative Law Judge Tammy L. Eigenheer on January 9, 2019, and what was the legal basis for this order?

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Answer Key

1. The primary parties were the Petitioner, Scott S. Servilla (who appeared on his own behalf), and the Respondent, the Village of Oakcreek Association (a homeowners association represented by Mark Sahl). The Petitioner filed a complaint against the Respondent with the Arizona Department of Real Estate.

2. The two proposed changes were the addition of a new section, 4.23, concerning “Leasing of Lots and Units; Restrictions and Limitations,” and the complete replacement of an existing section, 5.08, titled “Schedule of Fines.” The ballot presented these as a single item called the “LEASING AND SCHEDULE OF FINES AMENDMENT.”

3. The Petitioner alleged a violation of A.R.S. § 33-1812(A)(2) and A.R.S. § 33-1812(B)(2). The statute requires that an absentee ballot “shall set forth each proposed action” and “shall provide an opportunity to vote for or against each proposed action.”

4. A total of 1067 ballots were received, representing approximately 44 percent of the members. Of those who voted, 564 (approximately 53 percent) voted in favor of the proposed amendment.

5. The Respondent’s primary argument was that the Petitioner had waived any right to object to the ballot’s format. The Respondent contended that the Petitioner should have raised his objection before the vote occurred, rather than waiting until after the results were known.

6. The ALJ relied on the precedent set in Zajac v. City of Casa Grande. This Arizona Supreme Court case established the principle that an individual aware of a procedural issue with an election cannot wait to see the results before lodging a complaint.

7. The Petitioner acknowledged receiving the absentee ballot on or about October 4, 2016, more than a month before the November 10, 2016 vote. This date was critical because it demonstrated that the Petitioner had ample time to object to the ballot’s format before the vote took place, supporting the ALJ’s waiver finding.

8. In the initial decision, the ALJ found that a violation of the statute had occurred regarding the ballot but concluded that no remedy could be ordered because the statute lacked an enforcement mechanism. The Petitioner requested a rehearing, alleging that this conclusion was contrary to the law and that the ALJ did have the authority to declare the amendment void.

9. In April 2017, a separate proposed amendment to eliminate the By-Laws’ $50 fine limitation was voted down by the members. The Petitioner argued this subsequent vote demonstrated that the fines portion of the November 2016 amendment would likely have failed if members had been given a separate opportunity to vote on it.

10. The final order, issued January 9, 2019, denied the Petitioner’s petition. The legal basis was the doctrine of waiver; the ALJ ruled that because the Petitioner was aware of the alleged issues with the ballot before the vote and failed to object, he waived his right to complain about it after the results were announced.

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Essay Questions

Instructions: The following questions are designed to encourage deeper analysis of the case. Formulate comprehensive essay responses based on the details and legal reasoning presented in the source documents.

1. Explain the legal doctrine of waiver as applied in this case. How did the timeline of events, from the receipt of the ballot to the filing of the petition, support the Administrative Law Judge’s application of the principles from Zajac v. City of Casa Grande?

2. Analyze the conflicting interpretations of “proposed action” under A.R.S. § 33-1812(A) as presented by the Petitioner and the Respondent. Although the Judge ultimately ruled on procedural grounds, which party’s interpretation of the statute appears more consistent with the law’s text and intent?

3. Discuss the procedural history of this case, from the initial filing with the Arizona Department of Real Estate through the first decision, the request for reconsideration, and the final ruling on rehearing. What does this progression reveal about the administrative hearing process and the remedies available to petitioners?

4. The Petitioner attempted to use the results of an April 2017 vote to argue that the fines portion of the November 2016 amendment would likely have failed if voted on separately. Evaluate the strength and relevance of this argument within the legal context of the case.

5. Imagine the Petitioner had raised his objection to the ballot format before the November 10, 2016 vote. Based on the information in the decision, how might the proceedings and the ultimate outcome have been different?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An official who presides over administrative hearings, hears evidence, and issues decisions and orders. In this case, Tammy L. Eigenheer.

A.R.S. (Arizona Revised Statutes)

The collection of laws enacted by the Arizona state legislature. The Petitioner alleged violations of A.R.S. § 33-1817 and § 33-1812.

Absentee Ballot

A ballot that allows a member to vote without being physically present at a meeting. The format of this ballot was the central issue of the rehearing.

By-Laws

The rules that govern the internal operations of an association. The Petitioner cited a violation of By-Laws Section 8, Article VIII concerning a $50 fine limit.

Department (The Department)

The Arizona Department of Real Estate, the state agency where the Petitioner first filed his petition against the homeowners association.

Master Declaration

A core governing document for a homeowners association that establishes rules, restrictions, and obligations for homeowners. The November 10, 2016 vote was to amend this document.

A formal, binding decision issued by a judge. The final document in this case was an order denying the Petitioner’s petition.

Petitioner

The party who initiates a legal action by filing a petition. In this case, Scott Servilla & Heidi H. Servilla.

Preponderance of the Evidence

The standard of proof required in this proceeding. It means the evidence presented is more convincing and likely to be true than the evidence offered in opposition.

Rehearing

A second hearing of a case granted to reconsider the initial decision. A rehearing was granted after the Petitioner argued that the initial finding of “no remedy” was contrary to law.

Respondent

The party against whom a petition is filed and who must respond to the allegations. In this case, the Village of Oakcreek Association.

Waiver

A legal doctrine where a party intentionally or through inaction gives up a known right or claim. The ALJ ruled the Petitioner waived his right to object to the ballot by not raising the issue before the vote.

Zajac v. City of Casa Grande

An Arizona Supreme Court case that established a key legal precedent used in this decision. It holds that a party cannot knowingly allow a defective vote to proceed and then complain only if the results are unfavorable.

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]
}

{ “case”: { “agency”: “ADRE”, “tribunal”: “OAH”, “docket_no”: “18F-H1817018-REL-RHG”, “case_title”: “Scott Servilla & Heidi H Servilla vs. Village of Oakcreek Association”, “decision_date”: “2019-01-09”, “alj_name”: “Tammy L. Eigenheer” }, “parties”: [ { “party_id”: “P1”, “role”: “petitioner”, “name”: “Scott Servilla & Heidi H Servilla”, “party_type”: “homeowner”, “email”: null, “phone”: null, “attorney_name”: null, “attorney_firm”: null, “attorney_email”: null, “attorney_phone”: null }, { “party_id”: “R1”, “role”: “respondent”, “name”: “Village of Oakcreek Association”, “party_type”: “HOA”, “email”: null, “phone”: null, “attorney_name”: “Mark K. Sahl”, “attorney_firm”: “CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP”, “attorney_email”: null, “attorney_phone”: null } ], “issues”: [ { “issue_id”: “ISS-001”, “type”: “statute”, “citation”: “A.R.S. § 33-1812(A)”, “caption”: “Failure to provide separate voting opportunity for each proposed action in absentee ballot”, “violation(s)”: “Written ballot used did not provide a separate opportunity to vote for or against each proposed action, violating A.R.S. § 33-1812(B)(2) and the Declaration12.”, “summary”: “Petitioner alleged the November 10, 2016 vote was invalid because the absentee ballot combined two distinct proposed amendments (Leasing restrictions and Schedule of Fines) into a single vote, contravening the requirement that ballots set forth and provide an opportunity to vote for or against each proposed action1….”, “outcome”: “respondent_win”, “filing_fee_paid”: 500.0, “filing_fee_refunded”: false, “civil_penalty_amount”: 0.0, “orders_summary”: “Claim failed because Petitioner waived the right to object to the faulty ballot by allowing the vote to proceed without objection45.”, “why_the_loss”: “Petitioner was aware of the alleged issue with the ballot prior to the November 10, 2016 vote but failed to raise an objection, thus waiving the right to complain thereafter46.”, “cited”: [ “Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297” ] } ], “money_summary”: { “issues_count”: 3, “total_filing_fees_paid”: 1500.0, “total_filing_fees_refunded”: 0.0, “total_civil_penalties”: 0.0 }, “outcomes”: { “petitioner_is_hoa”: false, “petitioner_win”: “loss”, “summarize_judgement”: “The Administrative Law Judge denied the entire petition, finding that the Petitioner waived the right to challenge the outcome of the November 10, 2016 vote concerning the faulty ballot (Issue 2) because he failed to object before the vote proceeded. Petitioner also failed to prove his claims regarding the required vote count (Issue 1) and unauthorized fines (Issue 3)4….”, “why_the_loss”: “Petitioner waived the right to object to the ballot defect (Issue 2) by allowing the vote to proceed without objection after receiving the ballot, and failed to prove the claims for issues 1 and 34….” }, “analytics”: { “cited”: [ “A.R.S. § 33-1817(A)(1)”, “A.R.S. § 33-1812(B)(2)”, “A.R.S. § 33-1812(A)”, “Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297”, “Allen v. State, 14 Ariz. 458, 130 P. 1114” ], “tags”: [ “HOA elections”, “absentee ballots”, “waiver doctrine”, “amendment procedure”, “fines” ] } }

{ “rehearing”: { “is_rehearing”: true, “base_case_id”: “18F-H1817018-REL”, “original_decision_status”: “affirmed”, “original_decision_summary”: “In the original decision, the Administrative Law Judge found that the Petitioner failed to prove claims regarding issues one and three1. For issue two (faulty ballot), the ALJ established a statutory violation of A.R.S. § 33-1812(B)(2), but concluded that no remedy could be ordered because the statute did not provide an enforcement mechanism1.”, “rehearing_decision_summary”: “The Commissioner granted the rehearing to address the legal conclusion that no remedy could be ordered for the violation found in Issue 22. Following the rehearing, the Administrative Law Judge denied the entire petition3, concluding that Petitioner waived the right to complain about the faulty ballot because he was aware of the alleged issues but allowed the November 10, 2016 vote to proceed without objection4….”, “issues_challenged”: [ { “issue_number”: 2, “description”: “Violation of A.R.S. § 33-1812(B)(2) because the written ballot used did not provide a separate opportunity to vote for or against each proposed action7.”, “challenge”: “Petitioner challenged the original conclusion that no remedy could be ordered, alleging this was contrary to the law and arguing that the Administrative Law Judge was authorized to declare the amendment void and unenforceable28.”, “rehearing_outcome”: “Denied/Failed. The claim failed because the ALJ ruled that Petitioner waived his right to bring forth a complaint about the ballot by allowing the vote to proceed without objection36.” } ] } }

{
“case”: {
“docket_no”: “18F-H1817018-REL-RHG”,
“case_title”: “Scott Servilla & Heidi H Servilla, Petitioner, vs. Village of Oakcreek Association, Respondent.”,
“decision_date”: “January 9, 2019”,
“tribunal”: “OAH”,
“agency”: “ADRE”
},
“individuals”: [
{
“name”: “Scott Servilla”,
“role”: “petitioner”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: “Also referred to as Scott S. Servilla”
},
{
“name”: “Heidi H Servilla”,
“role”: “petitioner”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: null
},
{
“name”: “Tammy L. Eigenheer”,
“role”: “ALJ”,
“side”: “neutral”,
“affiliation”: “Office of Administrative Hearings”,
“notes”: null
},
{
“name”: “Mark K. Sahl”,
“role”: “attorney”,
“side”: “respondent”,
“affiliation”: “CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP”,
“notes”: null
},
{
“name”: “Judy Lowe”,
“role”: “commissioner”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: null
},
{
“name”: “c. serrano”,
“role”: “staff”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Transmitted documents”
},
{
“name”: “Felicia Del Sol”,
“role”: “staff”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Transmitted documents”
}
]
}

This document summarizes the administrative law judge decision in the rehearing case of Scott Servilla & Heidi H Servilla v. Village of Oakcreek Association, Case No. 18F-H1817018-REL-RHG1. This matter was heard by Administrative Law Judge Tammy L. Eigenheer on November 29, 2018, with the record held open until December 20, 20181.

Procedural History (Original Decision vs. Rehearing)

Petitioner Scott Servilla filed a petition with the Arizona Department of Real Estate (ADRE) against the Village of Oakcreek Association (Respondent) alleging multiple violations of statute and the community’s Master Declaration2,3.

Original Decision: The Administrative Law Judge initially ruled on three issues4. The ALJ found that Petitioner failed to prove two claims5. However, the ALJ found that the Respondent violated A.R.S. § 33-1812(B)(2) regarding the written ballot, but concluded that because the statute did not provide an enforcement mechanism, no remedy could be ordered5.

Rehearing Grant: Following this initial decision, Petitioner filed a Request for Reconsideration, arguing the conclusion that no remedy existed was contrary to law6. The ADRE Commissioner granted the request for rehearing6.

Key Facts and Issue for Rehearing

The central issue during the rehearing concerned the statutory violation found in the original decision: whether the November 10, 2016 vote to amend the Master Declaration was invalid because the absentee ballot failed to comply with A.R.S. § 33-1812(A)4,7.

The Ballot Violation: A.R.S. § 33-1812(A) requires that absentee ballots set forth “each proposed action” and provide an opportunity to vote for or against “each proposed action”7. The Respondent’s proposed amendment bundled two distinct actions: the addition of leasing restrictions and the complete replacement of the Schedule of Fines8,9,10. The ballot only allowed members to vote “FOR” or “AGAINST THE LEASING AND SCHEDULE OF FINES AMENDMENT” as a single package9.

Key Legal Argument and Decision

At the rehearing, the core legal debate shifted from whether a violation occurred to whether the Petitioner was entitled to relief, specifically whether the ALJ could declare the amendment void and unenforceable6,11.

Respondent’s Defense and the Doctrine of Waiver: Respondent argued that Petitioner had waived the right to object because he did not raise any complaint about the defective ballot prior to the vote12. Petitioner received the ballot more than one month before the November 10, 2016 vote13.

ALJ Legal Conclusion: Drawing on Arizona Supreme Court precedent (Zajac v. City of Casa Grande)10,14, the Administrative Law Judge concluded that an individual cannot allow a known defective vote to proceed and only complain afterward if dissatisfied with the results15,16. Because Petitioner failed to raise an objection to the faulty ballot prior to the scheduled vote, he waived his right to bring a subsequent complaint about the ballot16.

Based on the application of the waiver doctrine, the ALJ found that Petitioner’s claim as to the ballot must fail16. The Administrative Law Judge ordered that Petitioner’s petition is denied17. This order, resulting from the rehearing, is binding on the parties17.

{
“case”: {
“agency”: “ADRE”,
“tribunal”: “OAH”,
“docket_no”: “18F-H1817018-REL-RHG”,
“case_title”: “Scott Servilla & Heidi H Servilla vs. Village of Oakcreek Association”,
“decision_date”: “2019-01-09”,
“alj_name”: “Tammy L. Eigenheer”
},
“parties”: [
{
“party_id”: “P1”,
“role”: “petitioner”,
“name”: “Scott Servilla & Heidi H Servilla”,
“party_type”: “homeowner”,
“email”: null,
“phone”: null,
“attorney_name”: null,
“attorney_firm”: null,
“attorney_email”: null,
“attorney_phone”: null
},
{
“party_id”: “R1”,
“role”: “respondent”,
“name”: “Village of Oakcreek Association”,
“party_type”: “HOA”,
“email”: null,
“phone”: null,
“attorney_name”: “Mark K. Sahl”,
“attorney_firm”: “CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP”,
“attorney_email”: null,
“attorney_phone”: null
}
],
“issues”: [
{
“issue_id”: “ISS-001”,
“type”: “statute”,
“citation”: “A.R.S. § 33-1817(A)(1)”,
“caption”: “Vote count required to amend declaration”,
“violation(s)”: “Alleged violation of A.R.S. § 33-1817(A)(1) and Declaration regarding the required majority vote (1173 votes) for the November 10, 2016 amendment.”,
“summary”: “Petitioner requested an order declaring the amendment invalid due to insufficient vote count.”,
“outcome”: “respondent_win”,
“filing_fee_paid”: 500.0,
“filing_fee_refunded”: false,
“civil_penalty_amount”: 0.0,
“orders_summary”: “Claim failed.”,
“why_the_loss”: “Petitioner failed to prove the claim.”,
“cited”: []
},
{
“issue_id”: “ISS-002”,
“type”: “statute”,
“citation”: “A.R.S. § 33-1812(A)”,
“caption”: “Absence of separate voting opportunity for proposed actions”,
“violation(s)”: “The written ballot used for the November 10, 2016 amendment violated A.R.S. § 33-1812(A) and (B)(2) because it bundled two distinct proposed actions (Leasing Restrictions and Schedule of Fines) into a single vote.”,
“summary”: “Petitioner sought an order declaring the amendment invalid because the ballot improperly required a single vote on two separate actions.”,
“outcome”: “respondent_win”,
“filing_fee_paid”: 500.0,
“filing_fee_refunded”: false,
“civil_penalty_amount”: 0.0,
“orders_summary”: “Claim denied on rehearing. Petition denied.”,
“why_the_loss”: “Petitioner waived the right to object to the faulty ballot by receiving it over a month prior and allowing the vote to proceed on November 10, 2016, without raising a complaint.”,
“cited”: [
“A.R.S. § 33-1812(A)”,
“Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297”,
“Allen v. State, 14 Ariz. 458, 130 P. 1114”
]
},
{
“issue_id”: “ISS-003”,
“type”: “governing_document”,
“citation”: “By-Laws Section 8, Article VIII”,
“caption”: “Unauthorized fines in excess of $50”,
“violation(s)”: “Respondent allegedly violated By-Laws by imposing fines in excess of $50 per violation, especially after a proposed amendment to raise the fines was voted down.”,
“summary”: “Petitioner requested an order that the Association cannot levy fines in excess of $50 per violation.”,
“outcome”: “respondent_win”,
“filing_fee_paid”: 500.0,
“filing_fee_refunded”: false,
“civil_penalty_amount”: 0.0,
“orders_summary”: “Claim failed.”,
“why_the_loss”: “Petitioner failed to prove the claim.”,
“cited”: []
}
],
“money_summary”: {
“issues_count”: 3,
“total_filing_fees_paid”: 1500.0,
“total_filing_fees_refunded”: 0.0,
“total_civil_penalties”: 0.0
},
“outcomes”: {
“petitioner_is_hoa”: false,
“petitioner_win”: “loss”,
“summarize_judgement”: “The Administrative Law Judge denied the entire petition. Although the Respondent used a faulty ballot (Issue 2), the Petitioner waived the right to object by failing to raise a complaint prior to the vote. Petitioner also failed to prove his claims for issues 1 and 3.”,
“why_the_loss”: “Petitioner waived the right to object to the ballot defect (Issue 2) by allowing the vote to proceed without objection, and failed to prove the claims for Issues 1 and 3.”,
“cited”: [
“A.R.S. § 33-1812(A)”,
“Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297”
]
},
“analytics”: {
“cited”: [
“A.R.S. § 33-1817(A)(1)”,
“A.R.S. § 33-1812(A)”,
“A.R.S. § 33-1812(B)(2)”,
“Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297”,
“Allen v. State, 14 Ariz. 458, 130 P. 1114”
],
“tags”: [
“HOA elections”,
“absentee ballots”,
“waiver doctrine”,
“amendment procedure”,
“fines”
]
}
}

{
“case”: {
“docket_no”: “18F-H1817018-REL-RHG”,
“case_title”: “Scott Servilla & Heidi H Servilla, vs. Village of Oakcreek Association”,
“decision_date”: “2019-01-09”,
“tribunal”: “OAH”,
“agency”: “ADRE”
},
“individuals”: [
{
“name”: “Scott Servilla”,
“role”: “petitioner”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: “Appeared on his own behalf at the hearing; also listed as Scott S. Servilla [1], [2]”
},
{
“name”: “Heidi H Servilla”,
“role”: “petitioner”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: null
},
{
“name”: “Tammy L. Eigenheer”,
“role”: “ALJ”,
“side”: “neutral”,
“affiliation”: “Office of Administrative Hearings”,
“notes”: “Administrative Law Judge [3], [4], [1], [2]”
},
{
“name”: “Mark K. Sahl”,
“role”: “HOA attorney”,
“side”: “respondent”,
“affiliation”: “CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP”,
“notes”: “Represented Village of Oakcreek Association [2]”
},
{
“name”: “Judy Lowe”,
“role”: “commissioner”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Granted the request for rehearing [5]”
},
{
“name”: “c. serrano”,
“role”: “staff”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Transmitted documents on November 29, 2018 [6], [7]”
},
{
“name”: “Felicia Del Sol”,
“role”: “staff”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Transmitted documents on January 9, 2019 [8]”
},
{
“name”: “LDettorre”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Recipient of transmittal [3], [4]”
},
{
“name”: “AHansen”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Recipient of transmittal [3], [4]”
},
{
“name”: “djones”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Recipient of transmittal [3], [4]”
},
{
“name”: “DGardner”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Recipient of transmittal [3], [4]”
},
{
“name”: “ncano”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “Arizona Department of Real Estate”,
“notes”: “Recipient of transmittal [3], [4]”
}
]
}

Case Participants

Petitioner Side

Scott Servilla (petitioner)
Also referred to as Scott S. Servilla
Heidi H Servilla (petitioner)

Respondent Side

Mark K. Sahl (attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP

Neutral Parties

Tammy L. Eigenheer (ALJ)
Office of Administrative Hearings
Judy Lowe (commissioner)
Arizona Department of Real Estate

Other Participants

c. serrano (staff)
Transmitted documents
Felicia Del Sol (staff)
Transmitted documents