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.
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.
Procedural timeline
Complete uploaded source-document index
This index is generated from every public-facing source file currently present in assets/court_case_downloads/tempe-gardens-townhouse-corp-v-gary-tibshraeny/raw/: 2 PDFs. Files are ordered by the date/sequence embedded in the normalized filename; AI-generated review materials are labeled separately and should not be treated as court filings.
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 generated dossier mirrors the structured data surfaced on the OAH/ADRE case pages. It is added from the curated court-case record and the custom page source package, while the hand-authored analysis below remains intact.
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 | assessmentsattorneys-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
| Uploaded source package | 2 PDFs |
|---|---|
| Step-by-step docket roadmap | 2 roadmap entries |
| Video overview | No video embed currently configured |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Curated download aliases | 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.