Tag Archives: Mulcahy Law Firm, PC

Charlotte Tande v. Wintergardens Co-Operative

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Case Summary

Case ID 23F-H059-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-09-05
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Charlotte Tande Counsel —
Respondent Wintergardens Co-Operative Counsel Beth Mulcahy, Esq.

Alleged Violations

A.R.S. § 33-1804
A.R.S. § 33-1810

Outcome Summary

The case was dismissed because the Administrative Law Judge determined the Wintergardens Co-Operative, a cooperative mobile home park, did not qualify as a 'planned community' or 'condominium association' under Title 33, Chapter 9 or 16, thus the Arizona Department of Real Estate lacked jurisdiction to hear the dispute.

Why this result: The Respondent was found not to be a 'Planned Community' because its shareholders were lessees, not owners of 'separately owned lots, parcels or units' as required by A.R.S. § 33-1802(4).

Key Issues & Findings

Open Meeting Requirements

Petitioner alleged Respondent failed to comply with the open meeting requirements of A.R.S. § 33-1804.

Orders: The case was dismissed after Respondent's Motion to Dismiss was granted.

Filing fee: $0.00

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1802(4)
  • A.R.S. § 32-2199.01(A)

Financial Records Provision

Petitioner alleged Respondent failed to provide certain financial records as required by A.R.S. § 33-1810.

Orders: The case was dismissed after Respondent's Motion to Dismiss was granted.

Filing fee: $0.00

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1810
  • A.R.S. § 33-1802(4)
  • A.R.S. § 32-2199.01(A)

Decision Documents

23F-H059-REL Decision – 1074375.pdf

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23F-H059-REL Decision – 1089824.pdf

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23F-H059-REL Decision – 1089829.pdf

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23F-H059-REL Decision – 1091579.pdf

Uploaded 2025-10-09T03:42:15 (38.0 KB)

Shawna Townsend v. North Canyon Ranch Owners Association

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Case Summary

Case ID 23F-H018-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-02-07
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Shawna Townsend Counsel —
Respondent North Canyon Ranch Owners Association Counsel Haidyn DiLorenzo

Alleged Violations

CC&Rs Section 4.3 Storage, Section 4.17 Motor Vehicles, Community Guidelines 2007

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that Petitioner failed to establish by a preponderance of the evidence that the North Canyon Ranch Owners Association violated its governing documents regarding the storage of a truck camper.

Why this result: Petitioner failed to meet the burden of proof. The ALJ concluded that the Petitioner's 'truck camper' falls within the scope of prohibited items, specifically as 'other similar equipment' under the CC&Rs and rules, making her argument one of semantics.

Key Issues & Findings

Whether the HOA violated its governing documents by issuing a fine for parking a mounted truck camper, based on the Petitioner's claimed 'legal loophole'.

Petitioner claimed a 'legal loophole' existed because the governing documents prohibited 'unmounted pickup camper units' or 'detached campers,' but not her currently mounted/attached truck camper. The ALJ found the truck camper was unequivocally prohibited as 'other similar equipment' under the CC&Rs and Rules, dismissing the petition.

Orders: Petition dismissed. No action is required of Respondent in this matter.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&Rs § 4.3
  • CC&Rs § 4.17
  • Community Guidelines 2007
  • A.R.S. § 32-2199.01
  • A.R.S. § 33-2102(18)(e)

Analytics Highlights

Topics: HOA, truck camper, recreational vehicle, storage violation, legal loophole, fines, administrative hearing, Arizona
Additional Citations:

  • CC&Rs § 4.3
  • CC&Rs § 4.17
  • Community Guidelines 2007
  • A.R.S. § 32-2199.01
  • A.R.S. § 33-2102(18)(e)

Audio Overview

Decision Documents

23F-H018-REL Decision – 1031834.pdf

Uploaded 2025-10-09T03:40:31 (167.3 KB)

Matthew E Thompson v. Deer Valley Homeowners Association Inc

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Case Summary

Case ID 23F-H003-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-12-20
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Matthew E Thompson Counsel —
Respondent Deer Valley Homeowners Association Inc. Counsel Beth Mulcahy, Esq. & Haidyn Di Lorenzo, Esq.

Alleged Violations

Sun City West Dec CC&Rs Article 4.2(F); Deer Valley CC&Rs Articles 1.16, 6.2, 2.3, 7.1, 7.3; Deer Valley HOA Rules & Regulations ¶ 7.1 and 7.2

Outcome Summary

The Administrative Law Judge denied the petition, concluding Petitioner failed to sustain the burden of proof that the Association violated community documents by failing to replace trees on Member lots. The CC&Rs did not establish a duty for the HOA to replace homeowner trees.

Why this result: Petitioner failed to meet the burden of proof; Petitioner was not an aggrieved party; Petitioner failed to establish causation by Respondent or duty to act by Respondent; trees belong to homeowners, and the Deer Valley CC&Rs do not require the HOA to replace trees under its maintenance obligations.

Key Issues & Findings

Whether Respondent is responsible for replacing dead and/or dying trees on all Member Lots in accordance with cited community documents.

Petitioner alleged the HOA violated governing documents by failing to replace dead trees on member lots, and sought an order compelling the replacement of 59 missing trees (at a rate of 10 per year).

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Sun City West Dec CC&Rs Article 4.2(F)
  • Deer Valley CC&Rs Article 1.16
  • Deer Valley CC&Rs Article 6.2
  • Deer Valley CC&Rs Article 2.3
  • Deer Valley CC&Rs Article 7.1
  • Deer Valley CC&Rs Article 7.3
  • Deer Valley HOA Rules & Regulations ¶ 7.1
  • Deer Valley HOA Rules & Regulations ¶ 7.2

Analytics Highlights

Topics: HOA dispute, Landscape maintenance, Tree replacement, Burden of proof, Standing
Additional Citations:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. Title 33, Chapter 16, Article 1
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Audio Overview

Decision Documents

23F-H003-REL Decision – 1001043.pdf

Uploaded 2025-10-09T03:39:55 (58.8 KB)

23F-H003-REL Decision – 1001154.pdf

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23F-H003-REL Decision – 1021049.pdf

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23F-H003-REL Decision – 999666.pdf

Uploaded 2025-10-09T03:39:56 (53.9 KB)

Susan L Jarzabek v. Hillcrest Improvement Association #2

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Case Summary

Case ID 22F-H2221008-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-11-19
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Susan L Jarzabek Counsel —
Respondent Hillcrest Improvement Association #2 Counsel Haidyn DiLorenzo, Esq.

Alleged Violations

CC&R Article 1, Section 10; Enforcement, Fines and Appeals Policy ("Policy")

Outcome Summary

Petitioner's complaint regarding the wrongful assessment of attorney's fees was dismissed because she failed to prove, by a preponderance of the evidence, that the HOA violated its Policy regarding pre-attorney notification requirements.

Why this result: Petitioner failed to meet her burden of proof; the ALJ found the Policy does not require the two notices prior to attorney escalation, as Petitioner had alleged.

Key Issues & Findings

Alleged violation of Policy concerning attorney's fees assessment and required pre-litigation notices.

Petitioner alleged the Association wrongfully assessed attorney's fees, arguing the Policy required providing the owner two warning notices and a certified letter before escalating a matter to attorney involvement.

Orders: Petitioner's petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
  • ARIZ. REV. STAT. section 32-2199.02(B)
  • ARIZ. REV. STAT. section 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.07(F)(6)

Analytics Highlights

Topics: attorney fees, HOA policy enforcement, notice requirements, CC&Rs, due process
Additional Citations:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
  • ARIZ. REV. STAT. section 32-2199.02(B)
  • ARIZ. REV. STAT. section 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.07(F)(6)

Audio Overview

Decision Documents

22F-H2221008-REL Decision – 926455.pdf

Uploaded 2025-10-09T03:38:01 (93.9 KB)