HOA Daily Fines & CC&Rs | A.R.S. § 33-1803(B) | 1 CA-CV 16-0455
An Arizona case illustrating the strict evidentiary standards homeowners associations must meet to legally impose fines. While homeowners must raise objections at trial to preserve them, HOAs must present their written fee policies to enforce monetary penalties.
Last updated June 30, 2026. Case: Turtle Rock III, Court of Appeals No. 1 CA-CV 16-0455; affirmed in part and reversed in part — opinion depublished by the Arizona Supreme Court (No. CV-17-0327-PR), so it is non-precedential.
Current-status note: Pipeline note: the public raw-source folder contains source files that were not in the last staged NotebookLM source set. The page remains a source-linked record, but generated media should be rebuilt or rechecked after the staged source manifest catches up.
Scope note: This page covers the litigation between Turtle Rock III HOA and homeowner Lynne Fisher regarding property maintenance, daily fines, and subsequent appeal proceedings. While the opinion remains highly persuasive, it was depublished by the Arizona Supreme Court and therefore lacks precedential value. This page is educational and is not legal advice.
The takeaway
The trial court’s injunction ordering property repairs is affirmed because the homeowner waived her interior maintenance objections by failing to raise them below, but the award of monetary penalties and attorneys’ fees is reversed because the association failed to present competent evidence of a pre-existing, promulgated fee schedule.
Case Participants
Petitioner Side
- Turtle Rock III Homeowners Association (Plaintiff)
Arizona non-profit corporation and planned community association - Clint G. Goodman (Counsel)
Goodman Law Group, LLP
Attorney representing Plaintiff/Appellee Turtle Rock III Homeowners Association - Scott L. Potter (Counsel)
Goodman Law Offices, P.C.
Attorney representing Plaintiff/Appellee Turtle Rock III Homeowners Association - Maura A. Abernethy (Counsel)
Goodman Law Group, LLP
Attorney representing Plaintiff/Appellee Turtle Rock III Homeowners Association - Ashley N. Moscarello (Counsel)
Goodman Law Group, LLP
Attorney representing Plaintiff/Appellee Turtle Rock III Homeowners Association - Gregory J. Wahl (Board Member)
Turtle Rock III Homeowners Association
HOA Board Member who verified the initial Complaint - Verl Curtiss (Witness)
Turtle Rock III Homeowners Association
HOA representative who testified at the evidentiary hearing - Annette Milauskas (Witness)
Turtle Rock III Homeowners Association
HOA member listed as witness and present at the evidentiary hearing
Respondent Side
- Lynne A. Fisher (Defendant)
Homeowner and record owner of the property at issue - James Roger Wood (Counsel)
The Law Offices of J. Roger Wood, PLLC
Lead attorney representing Defendant/Appellant Lynne A. Fisher; later disbarred - Erin S. Iungerich (Counsel)
The Law Offices of J. Roger Wood, PLLC
Attorney representing Defendant/Appellant Lynne A. Fisher - James B. Sweeney (Counsel)
The Law Offices of J. Roger Wood, PLLC
Attorney representing Defendant/Appellant Lynne A. Fisher
Neutral Parties
- Hon. David M. Talamante (Judge)
Maricopa County Superior Court
Trial court judge who presided over the consolidated trial and evidentiary hearing - Hon. David K. Udall (Judge)
Maricopa County Superior Court
Original trial court judge before reassignment - Hon. Randall H. Warner (Judge)
Maricopa County Superior Court
Presiding Civil Judge who reassigned the case to Judge Talamante - Hon. Margaret Benny (Judge)
Maricopa County Superior Court
Superior Court Commissioner assigned to handle default judgment proceedings - Hon. Jon W. Thompson (Judge)
Arizona Court of Appeals, Division One
Appellate judge who delivered the opinion of the court - Hon. Kent E. Cattani (Judge)
Arizona Court of Appeals, Division One
Appellate judge who participated in the decision - Hon. Paul J. McMurdie (Judge)
Arizona Court of Appeals, Division One
Appellate judge who participated in the decision - Hon. Scott Bales (Judge)
Arizona Supreme Court
Chief Justice who signed the order denying review and depublishing the appellate opinion - Hon. Melina Brill (Judge)
Arizona Court of Appeals, Division One
Judge Pro Tempore who signed procedural scheduling orders - Hon. Barbara Vidal Vaught (Judge)
Arizona Court of Appeals, Division One
Judge Pro Tempore who signed the order extending time for the answering brief - Amy M. Wood (Other)
Arizona Court of Appeals, Division One
Clerk of the Court of Appeals, Division One - Ruth Willingham (Other)
Arizona Court of Appeals, Division One
Former Clerk of the Court of Appeals, Division One - Janet Johnson (Other)
Arizona Supreme Court
Clerk of the Arizona Supreme Court - Michael K. Jeanes (Other)
Maricopa County Superior Court
Clerk of the Superior Court of Maricopa County - Chris DeRose (Other)
Maricopa County Superior Court
Clerk of the Superior Court of Maricopa County
What happened
Beginning in January 2014, the Turtle Rock III Homeowners Association sent numerous notices of violation to Lynne Fisher regarding maintenance issues at her property, including weedy landscaping, damaged gates, and a wood-rotted garage door. The HOA also cited interior conditions, such as dilapidated blinds and excessive storage items visible from the street. When Fisher failed to cure these issues, the HOA began assessing a daily fine of $25 and eventually filed a lawsuit in November 2015 for breach of contract and injunctive relief.
At the April 2016 evidentiary hearing, which was consolidated with a trial on the merits, Fisher’s counsel appeared but Fisher did not, and her counsel presented no evidence or witnesses. The trial court subsequently entered an injunction ordering Fisher to replace her backyard door, keep her yard free of weeds, replace her front window blinds, and move interior items that prevented the blinds from closing properly. The court also entered judgment against Fisher for $3,850 in penalties, $10,839.70 in attorneys’ fees, and $474 in costs.
Fisher appealed the judgment to the Arizona Court of Appeals, which affirmed the injunction but reversed the fines and fee awards. The HOA petitioned the Arizona Supreme Court, which initially granted review on the issue of ad hoc penalties but later vacated its order as improvidently granted, denying the petition and depublishing the Court of Appeals’ opinion.
Video overview of the ruling
An AI-generated video overview of Turtle Rock III HOA v. Fisher (1 CA-CV 16-0455). The trial court’s injunction ordering property repairs is affirmed because the homeowner waived her interior… This plain-language summary was generated from the court’s filings; the court’s own ruling controls.
Listen: audio deep dive on the ruling
An AI-generated audio deep dive walking through the court’s reasoning and disposition in Turtle Rock III HOA v. Fisher. Generated from the case filings; verify against the linked ruling below.
Procedural timeline
Turtle Rock III Homeowners Association files a Complaint for breach of contract and injunctive relief against record owner Lynne A. Fisher in Maricopa County Superior Court.
Superior Court issues an Order to Show Cause setting a preliminary return hearing.
Defendant Lynne Fisher is personally served with the summons, complaint, and application for injunction.
Counsel enters a Notice of Appearance for Fisher and files a Notice of Change of Judge as a Matter of Right.
The case is reassigned from Judge David Udall to Judge David Talamante.
Plaintiff files an Affidavit and Application for Entry of Default after Fisher fails to file a timely response.
Court enters a minute entry noting default paperwork issues regarding a default coversheet.
Court sets a return hearing on the application for preliminary injunction.
Fisher files her Answer admitting residency but denying CC&R violation allegations, alongside a Demand for Jury Trial.
HOA files an Objection to Defendant's Demand for Jury Trial, arguing no jury right exists in equitable enforcement actions.
Court holds a status conference where it sets an evidentiary hearing.
Court issues an order scheduling an evidentiary hearing for April 15, 2016.
HOA files a Request for Clarification regarding whether the evidentiary hearing will be consolidated with a trial on the merits.
Court clarifies that the evidentiary hearing will address both injunctive relief and monetary penalties.
Court issues a 100-day notice directing the parties to submit a Joint Report and Scheduling Order.
Court issues a 150-day order providing scheduling directives.
HOA files its trial exhibits, including the CC&Rs, deed, account ledger, photographs, and warning letters.
The parties submit a Joint Pretrial Statement outlining uncontested facts and issues for trial.
Evidentiary hearing is held before Judge David Talamante; Fisher's counsel is present, but Fisher fails to appear.
HOA files its Application for Monetary Penalties seeking $9,165.25 and Application for Attorney Fees and Costs seeking $10,839.70.
Fisher files her Objection to the Application for Monetary Penalties, arguing lack of proper notice under A.R.S. § 33-1803(B).
Fisher files a Response and Objection to the HOA's Application for Attorney Fees and Costs.
HOA files replies defending its applications for fees and monetary penalties.
Judge David Talamante signs the final Order and Judgment, awarding the HOA injunctive relief, $3,850 in penalties, $10,839.70 in attorney fees, and $474 in costs.
HOA files a Petition and Declaration for Supplemental Proceedings to discover Fisher's assets.
Fisher files her Notice of Appeal to the Arizona Court of Appeals.
The parties file a Stipulation to Post Supersedeas Bond of $15,163.70 to stay execution of judgment during the appeal.
Court signs the order approving the supersedeas bond stay.
Fisher deposits a cashier's check of $15,163.00 with the court as a supersedeas bond.
Fisher files her Appellant's Opening Brief in the Court of Appeals (1 CA-CV 16-0455).
HOA files its Appellee's Answering Brief.
Fisher's counsel J. Roger Wood files a Notice of Disbarment attaching his Judgment of Disbarment in case PDJ-2016-9132.
The Arizona Court of Appeals issues its Opinion affirming the injunction but reversing the monetary penalties and attorney fees.
HOA files a Motion for Reconsideration challenging the Court of Appeals' opinion on fines and damages.
Court of Appeals denies the HOA's Motion for Reconsideration.
HOA files a Petition for Review with the Arizona Supreme Court.
The Arizona Supreme Court grants the Petition for Review on reframed issues regarding ad hoc penalties (No. CV-17-0327-PR).
The Arizona Supreme Court vacates its order granting review as improvident, denies the Petition for Review, and depublishes the Court of Appeals' Opinion (No. CV-17-0327-PR).
The Court of Appeals issues its Civil Mandate returning jurisdiction to the Superior Court to proceed in accordance with its opinion.
Complete source-document index
This index contains 97 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.
0000 Index Of Record
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0001 Complaint
Type: Opening pleading
Starts or reframes the case and identifies the claims or relief requested.
0002 Certificate Of Compulsory Arbitra
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0003 Civil Cover Sheet
Type: Court/source PDF
Court intake document classifying the case for filing and assignment purposes.
0004 Application For Preliminary And Pe
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0005 Request For Order To Show Cause
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
0006 Order To Show Cause
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0007 Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0008 Notice Of Appearance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0009 Defendants Notice Of Change Of Judg
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0010 Credit Memo
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0011 Minute Entry Case Reassigned 12162015
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0012 Affidavit And Application For Entr
Type: Declaration or affidavit
Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.
0013 Minute Entry Order Entered By Court 01042016
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0014 Minute Entry Hearing Set 01052016
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0015 Defendant Lynne A Fishers Answer
Type: Responsive pleading
Responding party's first substantive response to the complaint or petition.
0016 Defendant Lynne A Fishers Demand Fo
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0017 Objection To Demand For Jury Trial
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
0018 Minute Entry Status Conference Set 01202016
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0019 Minute Entry Order Entered By Court 02262016
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0020 Request For Clarification
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0021 Minute Entry Order Entered By Court 03112016
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0022 Minute Entry 100 Day Minute Entry 03232016
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0023 Minute Entry 150 Day Minute Entry 0402216
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0024 Part 1 of 5 Notice Of Filing Exhibits
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0025 Part 2 of 5 Notice Of Filing Exhibits
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0026 Part 3 of 5 Notice Of Filing Exhibits
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0027 Part 4 of 5 Notice Of Filing Exhibits
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0028 Part 5 of 5 Notice Of Filing Exhibits
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0029 Joint Pretrial Statement
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0030 Minute Entry Ruling 04152016
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0031 Application For Monetary Penaltie
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0032 Notice Of Lodging Proposed Form Of O
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0033 Application For Attorney Fees And C
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0034 Exhibit Worksheet Hd 04152016
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0035 Defendants Objection To Plaintiff
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
0036 Defendants Response And Objection
Type: Briefing paper
Opposing or responsive paper; compare it to the motion or request filed immediately before it.
0037 Reply To Defendants Objection To Pl
Type: Briefing paper
Reply paper; usually the final written response before the court takes the issue under advisement.
0038 Reply To Defendants Objection To Pl
Type: Briefing paper
Reply paper; usually the final written response before the court takes the issue under advisement.
0039 Order And Judgment
Type: Decision or judgment
Court or agency order; this is usually the document that tells readers what changed next.
0040 Petition And Declaration For Suppl
Type: Declaration or affidavit
Witness statement submitted under oath or declaration; its assertions are evidence offered by a party, not court findings.
0041 Part 1 of 2 Defendants Notice Of Appe
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0042 Part 2 of 2 Defendants Notice Of Appe
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0043 Stipulation To Post Supersedeas Bo
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Notice To Parties Re Appellants Fee
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Case Management Statement
Type: Court/source PDF
Case-management filing; it tells the court how the parties propose to schedule and manage the case.
0000 Notice Of Payment Of Appellants Fil
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Notice To Parties Re Appellee Fees
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Notice Of Payment Of Appellee Filin
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Stipulation And Request To Continu
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0001 Certificate Of Service For Stipula
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Order Re Extension Of Time Opening
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0000 Procedural Motion Stipulation And
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0001 Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Order Re Extension Of Time Opening
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0000 Motion Request For Continuance To F
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0001 Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Order Re Extension Of Time Opening
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0000 Appellants Opening Brief
Type: Briefing paper
Opening merits brief; this is where the appellant or moving party frames the legal argument.
0001 Certificate Of Compliance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0002 Certificate Of Service Appellants
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Stipulation For Extension Of Time T
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0001 Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Order Extending Time To File Answer
Type: Court order/minute entry
Responding party's first substantive response to the complaint or petition.
0000 Appellees Answering Brief
Type: Responsive pleading
Responding party's first substantive response to the complaint or petition.
0001 Certificate Of Compliance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0002 Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Certificate Of Service Notice Of Di
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0001 Certificate Of Service Notice Of Di
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0002 Exhibit Ajudgment Of Disbarment
Type: Decision or judgment
Decision document; read it to understand the controlling result before moving to later filings.
0000 Div 1 Memorandum Requesting Additi
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0044 Court Of Appeals Receipt
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0045 Electronic Index Of Record
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0046 Court Of Appeals Letter Dated 08042
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0047 Court Of Appeals Receipt
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0048 Proposed Order To Post Supersedeas
Type: Proposed order (not a ruling)
Unsigned form of relief requested by a party. It is not a ruling unless the judge signs and enters it.
0049 Notice Of Deposit With The Court
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0050 Court Of Appeals Memorandum Dated 0
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Opinion
Type: Decision or judgment
Opinion holding that the trial court's injunction ordering property repairs is affirmed because the homeowner waived her interior maintenance objections by failing to raise them below, but the award of monetary penalties and attorneys' fees is reversed because the association failed to present competent evidence of a pre-existing, promulgated fee schedule.
0000 Opinion Decision Distribution Lis
Type: Decision or judgment
Decision document; read it to understand the controlling result before moving to later filings.
0000 Motion For Reconsideration
Type: Motion/application
A request for a specific ruling or procedural action; the next document is often a response or order.
0001 Certificate Of Compliance
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0002 Certificate Of Service
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Order Re Motion For Reconsideratio
Type: Court order/minute entry
A request for a specific ruling or procedural action; the next document is often a response or order.
0000 Notice Of Petition For Review From A
Type: Procedural/service filing
Procedural filing that documents service, appearance, compliance, or a required notice step.
0000 Div 1 Transmittal Of Partial Record
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Returned Us Mail Letter To Arizona S
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Letter From Asc 05092018 Re Petitio
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Letter Transmitting Entire Record
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Returned Us Mail Letter Transmitti
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Asc Order Filed 07032018 Re Order Gr
Type: Court order/minute entry
Court or agency order; this is usually the document that tells readers what changed next.
0000 Letter From Asc 7052018 Re Enclosin
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Letter Returning Document To Super
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Returned Us Mail Letter Returning R
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Civil Mandate
Type: Decision or judgment
Decision document; read it to understand the controlling result before moving to later filings.
0000 Returned Us Mail Letter Re Return Of
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
0000 Returned Us Mail Letter Re Return Of 2
Type: Court/source PDF
Uploaded source file in the case record; read it in sequence with the surrounding filings to follow the procedure.
FAQ
Can an Arizona HOA impose daily fines on a homeowner without a written fine schedule?
No. Under A.R.S. § 33-1803(B), an HOA must establish and timely distribute a written schedule of penalties before imposing fines. In this case, the court ruled that failing to introduce the written fine schedule into evidence makes any assessed daily penalties ad hoc and per se unreasonable.
Does this Court of Appeals decision set a binding legal precedent for other Arizona HOAs?
No. Although the Court of Appeals issued a published opinion in 2017, the Arizona Supreme Court subsequently vacated its review and ordered the opinion depublished in July 2018. Therefore, this decision is non-precedential and cannot be cited as binding authority, though it remains highly persuasive regarding how courts evaluate ad hoc HOA penalties.
Can an HOA regulate or issue an injunction regarding the interior of a home?
Yes, but only under limited circumstances. Here, the court affirmed an injunction requiring the homeowner to replace dilapidated front-window blinds and move interior storage items back so the blinds could close. The court noted that because these conditions were ‘visible from neighboring property,’ they fell under the HOA’s authority to maintain community aesthetics under the CC&Rs.
What happens if a homeowner fails to participate in the trial court proceedings but appeals the decision?
The homeowner will likely lose on appeal. In this case, because the homeowner failed to attend the trial and her attorney did not object to the property maintenance allegations, the Court of Appeals held she waived her right to contest the injunction. Unpreserved arguments cannot be raised for the first time on appeal.
Can an HOA recover its attorneys' fees if its daily fines are overturned on appeal?
If an HOA’s fine award is completely reversed on appeal, it may lose its status as the ‘successful party’ regarding those monetary claims. Here, because the Court of Appeals reversed the monetary penalties, it also reversed the trial court’s award of $10,839.70 in attorneys’ fees to the HOA, and denied appellate fee requests for both parties as neither was wholly successful.
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 | 1 CA-CV 16-0455 |
|---|---|
| Court / tribunal | Court of Appeals |
| Decision / key date | October 26, 2017 |
| Judge / panel | Hon. Jon W. Thompson, Hon. Kent E. Cattani, Hon. Paul J. McMurdie |
| Parties | Turtle Rock III Homeowners Association (Plaintiff/Appellee) v. Lynne A. Fisher (Defendant/Appellant) |
| Governing law |
|
| Topics | CC&RsFinesAttorney FeesProcedure |
| Outcome / holding | The trial court's injunction ordering property repairs is affirmed because the homeowner waived her interior maintenance objections by failing to raise them below, but the award of monetary penalties and attorneys' fees is reversed because the association failed to present competent evidence of a pre-existing, promulgated fee schedule. |
| Primary public source | View source opinion/order |
Parties, Court, and Research Coverage
| Reviewed source package | 97 PDFs |
|---|---|
| Step-by-step docket roadmap | 39 roadmap entries |
| Video overview | Turtle Rock III HOA v. Fisher |
| Study / briefing material | 1 section |
| FAQ / homeowner questions | 5 questions |
| Featured download links | 3 download links |
Key Issues & Findings
Turtle Rock III Homeowners Association filed a lawsuit against homeowner Lynne Fisher in Maricopa County Superior Court, alleging multiple ongoing violations of the community's CC&Rs regarding her property's maintenance. The violations included missing and damaged gates, weeds, and a wood-rotted garage door, alongside interior conditions and dilapidated blinds visible from the street. Following an evidentiary hearing where Fisher failed to appear but was represented by counsel, the trial court granted a permanent injunction ordering repairs and awarded the HOA $3,850 in monetary penalties, $10,839.70 in attorneys' fees, and $474 in costs. On appeal, the Arizona Court of Appeals affirmed the injunction, holding that Fisher waived her objections to both the exterior and interior repairs by failing to raise them below. However, the court reversed the monetary penalties and attorneys' fees because the HOA failed to introduce its written fine schedule into evidence, making the fines per se unreasonable.
The Court of Appeals affirmed the injunction because Fisher failed to object to the required maintenance items at the trial court level, thereby waiving her arguments on appeal. Additionally, because the hearing transcript was missing, the court presumed the record supported the trial court's injunctive order regarding both the exterior repairs and the interior adjustments to her window blinds and personal property.
On the issue of monetary penalties, the court held that under state statute (A.R.S. § 33-1803(B)) and established precedent (Villas at Hidden Lakes), community associations must timely promulgate and prove a written schedule of fines before imposing monetary penalties. Because the Association failed to introduce its fine schedule into evidence during the trial, the daily penalties were deemed ad hoc and per se unreasonable.
Finally, because the monetary penalties were reversed, the associated award of trial-level attorneys' fees was also reversed, and neither party was awarded attorneys' fees on appeal because neither was wholly successful.
This case establishes a critical limit on the enforcement and regulatory powers of Arizona homeowners associations, declaring that ad hoc fines are per se unreasonable. To lawfully impose monetary penalties, an HOA must adopt and document a written fine schedule before any violations occur and must be prepared to introduce the actual written policy into evidence in court rather than relying on oral testimony.
For homeowners, the case underscores the severe procedural consequences of failing to participate in trial court proceedings or raise timely objections, as unpreserved arguments are deemed waived on appeal. For legal practitioners, it serves as a reminder under the Best Evidence Rule that proving contractual damages or fine authority requires entering the original written policies directly into the record.