HOA Summary Judgment | CV2004-092611
A short minute entry records summary judgment for Tempe Gardens and a reasonable-fee finding.
Last updated July 2, 2026. Case: Tempe Gardens Townhouse Corp. v. Gary Tibshraeny, Maricopa County Superior Court No. CV2004-092611.
Current-status note: This page is published as a litigation record based on the source files available through 2005-03-10. Later filings, appeals, mandates, settlements, or dismissal orders may change the posture; the linked court records control.
Scope note: This page covers Tempe Gardens Townhouse Corp. v. Gary Tibshraeny (Maricopa County Superior Court No. CV2004-092611) as a public Arizona superior-court HOA case guide. It is built from the court’s collected minute entries through 2005-03-10; the complete set of collected minute entries is available in the source-document index below. Currency caveat: later filings, satisfaction history, appeals, and the formal written orders referenced by the minutes may not be included in these records. Superior-court rulings bind only the parties and are not precedent. This page is educational and is not legal advice.
The takeaway
The sourced disposition is limited: summary judgment was granted and fees were found reasonable, with no substantive analysis in the collected entries.
Case Participants
Petitioner Side
- Tempe Gardens Townhouse Corp. (Plaintiff)
Association party in the HOA-related dispute. Court party records list counsel as Charles Maxwell.
Respondent Side
- Carole Fischer (Defendant)
Listed in the court party records as defendant. - Florence Hanna (Defendant)
Listed in the court party records as defendant. - Gary Tibshraeny (Defendant)
Opposing homeowner or property-side party identified in the case caption. Court party records list counsel as Roger Decker. - Lisa J Tibshraeny (Defendant)
Listed in the court party records as defendant. Court party records list counsel as Roger Decker.
Neutral Parties
- Hon. Barbara (Judge)
Judicial officer appearing in the collected minute entries.
What happened
The collected record has only two minute entries. The first set oral argument on Tempe Gardens’ motion for summary judgment.
The second entry records oral argument with counsel present for the association and the Tibshraeny defendants.
The court granted the association’s motion for summary judgment and found the attorney fees incurred were reasonable.
No collected minute entry states the amount, the claim details, or the CC&R provisions at issue.
Video overview of the case record
An AI-generated video overview of Tempe Gardens Townhouse Corp. v. Gary Tibshraeny (CV2004-092611 (Maricopa County Superior Court)). Tempe Gardens obtained summary judgment and a reasonable-fee finding in a thin minute-entry record. This plain-language summary was generated from the court’s filings; the court’s own ruling controls.
Listen: audio deep dive on the case record
An AI-generated audio deep dive walking through the court record and procedural posture in Tempe Gardens Townhouse Corp. v. Gary Tibshraeny. Generated from the case filings; verify against the linked case records below.
Procedural timeline
IT IS ORDERED setting oral argument on Plaintiff's Motion for Summary Judgment for 02/11/2005 at 8:30 a.
IT IS ORDERED granting Plaintiff’s Motion for Summary Judgment.
Complete source-document index
This index contains 2 PDFs from the reviewed public source packet. Byte-identical copies are listed once. Files are ordered by the date and sequence in the public filename, and party filings or research materials are labeled separately from court rulings.
Oral Argument Set
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
Oral Argument
Type: Court/source PDF
Minute entry granting Tempe Gardens’ motion for summary judgment and finding attorney fees reasonable.
FAQ
What did the superior court decide?
It granted the association’s motion for summary judgment.
Is this superior-court ruling precedent?
No. It binds the parties in this case but is useful only as a public record of how this dispute was handled.
Does the page summarize addresses or unit numbers?
No. Residential addresses and unit identifiers from the minute entries are intentionally omitted.
Who was the association party?
The association party identified in the collected court records was Tempe Gardens Townhouse Corp..
Does this replace legal advice?
No. This is an educational case guide based on public minute entries, not legal advice.
Case Dossier
This dossier combines the case metadata, linked court sources, and the explanatory sections below. It distinguishes court rulings from party filings, allegations, and requested relief.
Case Summary
| Case ID / citation | CV2004-092611 (Maricopa County Superior Court) |
|---|---|
| Court / tribunal | Superior Court |
| Decision / key date | March 10, 2005 |
| Judge / panel | Hon. Barbara |
| Parties | Tempe Gardens Townhouse Corp. (Plaintiff) v. Gary Tibshraeny and other defendants |
| Topics | AssessmentsAttorney FeesProcedure |
| Outcome / holding | The court granted Tempe Gardens’ motion for summary judgment and found the requested attorney fees reasonable. |
| Primary public source | View source opinion/order |
Parties, Court, and Research Coverage
| Reviewed source package | 2 PDFs |
|---|---|
| Step-by-step docket roadmap | 2 roadmap entries |
| Video overview | Tempe Gardens Townhouse Corp. v. Gary Tibshraeny |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Featured download links | 1 download link |
Key Issues & Findings
The collected record contains a setting order and a short oral-argument minute entry. After oral argument, the court granted Tempe Gardens’ motion for summary judgment and found the attorney fees incurred were reasonable.
The available minute text is brief. It shows oral argument on the association’s summary-judgment motion, appearances by counsel for both sides, and the court’s order granting the motion.
The same entry states that the court found the attorney fees incurred were reasonable, but it does not describe the claim, the amount of judgment, or the governing documents.
This is a narrow record of a summary-judgment outcome for an association. Because the entry contains no legal analysis or amount, it should not be used as authority on assessment validity or fee entitlement.