Tag Archives: Phillips, Maceyko & Battock, PLLC

R.L. Whitmer v. Hilton Casitas Council of Homeowners

Posted on by

Case Summary

Case ID 25F-H001-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-11-12
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner R.L. Whitmer Counsel —
Respondent Hilton Casitas Council of Homeowners Counsel Emily H. Mann

Alleged Violations

A.R.S. § 33-1215(A)(1)

Outcome Summary

The Administrative Law Judge found the Respondent HOA in violation of A.R.S. § 33-1215(A)(1) for failing to contain the name of the association in the Declaration. The Petitioner was deemed the prevailing party and awarded the $500.00 filing fee, but no civil penalty was imposed.

Key Issues & Findings

Declaration requirements for naming the condominium and association.

Petitioner claimed the Declaration failed to comply with A.R.S. § 33-1215(A)(1) because it lacked the formal name of the association. Respondent argued the existing reference to the 'Council of Co-owners' was sufficient because case law established the current association was the successor entity. The Tribunal found the Declaration did not contain the name of the association as required.

Orders: Respondent shall pay Petitioner the filing fee of $500.00 within thirty (30) days and shall comply with A.R.S. § 33-1215(A)(1) going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1215(A)(1)
  • A.R.S. § 12-550
  • A.R.S. § 33-1202(15)
  • A.R.S. § 33-1219(A)
  • London v Carrick
  • Schaefer v Pro Keanti AZ2 LP
  • Eli v Cro County A

Analytics Highlights

Topics: HOA, Condominium Act, Declaration, Statute of Limitations
Additional Citations:

  • A.R.S. § 33-1215(A)(1)
  • A.R.S. § 12-550
  • A.R.S. § 33-1202(15)
  • A.R.S. § 33-1219(A)
  • A.R.S. § 32-2199
  • A.R.S. § 41-1092
  • London v Carrick
  • Schaefer v Pro Keanti AZ2 LP
  • Eli v Cro County A

Decision Documents

25F-H001-REL Decision – 1235116.pdf

Uploaded 2025-10-09T03:44:34 (44.0 KB)

25F-H001-REL Decision – 1241814.pdf

Uploaded 2025-10-09T03:44:35 (115.8 KB)

R.L. Whitmer v. Hilton Casitas Council of Homeowners (ROOT)

Posted on by

Case Summary

Case ID 23F-H052-REL No. 23F-H064-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-08-28
Administrative Law Judge Brian Del Vecchio
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner R.L. Whitmer Counsel —
Respondent Hilton Casitas Council of Homeowners Counsel Emily H. Mann

Alleged Violations

Article III Section 3 of the Bylaws of Hilton Casitas Council of Co-owners
ARIZ. REV. STAT. § 33-1250(C)

Outcome Summary

The Administrative Law Judge affirmed the petition regarding the Bylaws violation (annual meeting held 27 days late, 23F-H052-REL) but denied the request for civil penalties. The ALJ dismissed the petition regarding the alleged statutory violation of in-person voting requirements (23F-H064-REL), finding Petitioner did not meet his burden of proof. Petitioner was reimbursed the $500 filing fee for the prevailing issue.

Why this result: Petitioner lost the statutory claim (23F-H064-REL) due to failure to provide sufficient evidence for a narrow interpretation of 'in person' voting. Petitioner failed to prove that civil penalties were warranted for the Bylaws violation (23F-H052-REL).

Key Issues & Findings

Failure to hold the annual meeting prior to March 31, 2023 (23F-H052-REL)

Petitioner alleged Respondent failed to hold the annual meeting by the Bylaws' deadline of March 31, 2023. Respondent stipulated that the meeting, held on April 27, 2023, was late, constituting a violation.

Orders: Respondent violated Article III Section 3 of the Bylaws; Petition affirmed. Petitioner was denied civil penalties but was reimbursed the $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 32-2199.02

Alleged violation for failing to allow in-person voting (23F-H064-REL)

Petitioner alleged Respondent violated the statute by allowing voting only through video conferencing and failing to provide an opportunity for in-person voting. The ALJ found Petitioner failed to provide sufficient evidence to support a narrow interpretation of 'in person' that excludes remote video attendance.

Orders: Respondent did not violate ARIZ. REV. STAT. § 33-1250(C). Petition dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1250(C)

Analytics Highlights

Topics: HOA Annual Meeting Deadline, Bylaws Violation, HOA Voting Procedure, In-Person Voting, Video Conferencing Voting, Civil Penalties, Mootness Defense, Waiver Defense
Additional Citations:

  • ARIZ. REV. STAT. § 33-1250(C)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 41-1092.09

Audio Overview

Decision Documents

23F-H052-REL Decision – 1071110.pdf

Uploaded 2025-10-09T03:41:50 (50.2 KB)

23F-H052-REL Decision – 1071477.pdf

Uploaded 2025-10-09T03:41:50 (58.2 KB)

23F-H052-REL Decision – 1074907.pdf

Uploaded 2025-10-09T03:41:50 (40.0 KB)

23F-H052-REL Decision – 1088736.pdf

Uploaded 2025-10-09T03:41:51 (113.8 KB)

Anthony T Horn v. Sun Lakes Homeowners Association #1, Inc.

Posted on by

Case Summary

Case ID 22F-H2221017-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-08-22
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anthony T Horn Counsel —
Respondent Sun Lakes Homeowners Association #1, Inc. Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(F)

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's single-issue petition, finding that the Respondent HOA did not violate A.R.S. § 33-1804(F) regarding the July 6, 2021 board meeting, and alternatively, any potential violation was cured by the proper notice and vote taken at the November 9, 2021 board meeting.

Why this result: The ALJ concluded that the HOA properly notified members of the matter to be discussed at the July 6, 2021 meeting (tennis court upgrade/repair). Furthermore, any potential violation was cured by the explicit notice and second unanimous vote taken at the November 9, 2021 board meeting.

Key Issues & Findings

Open Meetings/Notice/Ability to Speak (July 6, 2021 Board Meeting)

Petitioner alleged the HOA violated ARS 33-1804(F) because the July 6, 2021 agenda item 'Tennis Courts Upgrade & Repair' did not adequately disclose the conversion of one tennis court into four pickleball courts. The ALJ found the initial notice was sufficient, and alternatively, any violation was cured by a subsequent November 9, 2021 meeting with explicit notice and a second vote.

Orders: The Administrative Law Judge concluded that the Respondent did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. Petitioner's petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARS 33-1804(F)

Analytics Highlights

Topics: HOA Open Meeting Violation, Notice and Agenda Requirement, Cure Doctrine, Tennis Court Conversion, Pickleball
Additional Citations:

  • A.R.S. § 33-1804(F)
  • A.R.S. § 32-2199(B)
  • 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)
  • A.R.S. § 33-1803

Audio Overview

Decision Documents

22F-H2221017-REL-RHG Decision – 964044.pdf

Uploaded 2025-10-09T03:38:30 (50.6 KB)

22F-H2221017-REL-RHG Decision – 970320.pdf

Uploaded 2025-10-09T03:38:30 (58.5 KB)

22F-H2221017-REL-RHG Decision – 974011.pdf

Uploaded 2025-10-09T03:38:30 (58.7 KB)

22F-H2221017-REL-RHG Decision – 982006.pdf

Uploaded 2025-10-09T03:38:30 (54.7 KB)

22F-H2221017-REL-RHG Decision – 982097.pdf

Uploaded 2025-10-09T03:38:31 (7.7 KB)

22F-H2221017-REL-RHG Decision – 994010.pdf

Uploaded 2025-10-09T03:38:31 (108.6 KB)

Gregory Ehle V. Fulton Ranch Homeowners Association

Posted on by

Case Summary

Case ID 22F-H2222031-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-07-11
Administrative Law Judge Velva Moses-Thompson
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Gregory Ehle Counsel —
Respondent Fulton Ranch Homeowners Association Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(E)(2)

Outcome Summary

The Administrative Law Judge dismissed the petition after finding that the Petitioner failed to meet his burden of proof to show that the Fulton Ranch Homeowners Association violated A.R.S. § 33-1804(E)(2) concerning an emergency board meeting. The evidence established that no such meeting took place, and the statute does not require the Board to hold one.

Why this result: Petitioner failed to establish the violation by a preponderance of the evidence, as he conceded he did not know if an emergency meeting was held and could not provide legal authority showing that one was required.

Key Issues & Findings

Alleged violation regarding an emergency meeting of the board members.

Petitioner alleged that the Respondent HOA violated A.R.S. § 33-1804(E)(2) concerning the procedures for an emergency board meeting, specifically regarding a message sent out by the HOA's managing agent. The case proceeded on this single issue after Petitioner failed to pay the required additional filing fees for four total issues claimed.

Orders: The Administrative Law Judge dismissed the petition, concluding that the Respondent HOA did not hold an emergency board meeting and was not required by A.R.S. § 33-1804(E)(2) to hold one.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(E)(2)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Analytics Highlights

Topics: emergency meeting, board of directors, failure to pay filing fee, burden of proof, dismissal, A.R.S. 33-1804
Additional Citations:

  • A.R.S. § 33-1804(E)(2)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Audio Overview

Decision Documents

22F-H2222031-REL Decision – 964714.pdf

Uploaded 2025-10-09T03:38:50 (48.2 KB)

22F-H2222031-REL Decision – 964973.pdf

Uploaded 2025-10-09T03:38:50 (18.9 KB)

22F-H2222031-REL Decision – 965150.pdf

Uploaded 2025-10-09T03:38:51 (44.4 KB)

22F-H2222031-REL Decision – 965339.pdf

Uploaded 2025-10-09T03:38:51 (40.0 KB)

22F-H2222031-REL Decision – 967084.pdf

Uploaded 2025-10-09T03:38:51 (55.7 KB)

22F-H2222031-REL Decision – 967089.pdf

Uploaded 2025-10-09T03:38:51 (45.1 KB)

22F-H2222031-REL Decision – 967102.pdf

Uploaded 2025-10-09T03:38:51 (7.1 KB)

22F-H2222031-REL Decision – 973304.pdf

Uploaded 2025-10-09T03:38:51 (47.0 KB)

22F-H2222031-REL Decision – 977404.pdf

Uploaded 2025-10-09T03:38:51 (50.3 KB)

22F-H2222031-REL Decision – 982867.pdf

Uploaded 2025-10-09T03:38:51 (106.4 KB)

Anthony T Horn v. Sun Lakes Homeowners Association #1, Inc.

Posted on by

Case Summary

Case ID 22F-H2221017-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-08-22
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anthony T Horn Counsel —
Respondent Sun Lakes Homeowners Association #1, Inc. Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(F)

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's single-issue petition, finding that the Respondent HOA did not violate A.R.S. § 33-1804(F) regarding the July 6, 2021 board meeting, and alternatively, any potential violation was cured by the proper notice and vote taken at the November 9, 2021 board meeting.

Why this result: The ALJ concluded that the HOA properly notified members of the matter to be discussed at the July 6, 2021 meeting (tennis court upgrade/repair). Furthermore, any potential violation was cured by the explicit notice and second unanimous vote taken at the November 9, 2021 board meeting.

Key Issues & Findings

Open Meetings/Notice/Ability to Speak (July 6, 2021 Board Meeting)

Petitioner alleged the HOA violated ARS 33-1804(F) because the July 6, 2021 agenda item 'Tennis Courts Upgrade & Repair' did not adequately disclose the conversion of one tennis court into four pickleball courts. The ALJ found the initial notice was sufficient, and alternatively, any violation was cured by a subsequent November 9, 2021 meeting with explicit notice and a second vote.

Orders: The Administrative Law Judge concluded that the Respondent did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. Petitioner's petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARS 33-1804(F)

Analytics Highlights

Topics: HOA Open Meeting Violation, Notice and Agenda Requirement, Cure Doctrine, Tennis Court Conversion, Pickleball
Additional Citations:

  • A.R.S. § 33-1804(F)
  • A.R.S. § 32-2199(B)
  • 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)
  • A.R.S. § 33-1803

Audio Overview

Decision Documents

22F-H2221017-REL Decision – 964044.pdf

Uploaded 2025-10-09T03:38:27 (50.6 KB)

22F-H2221017-REL Decision – 970320.pdf

Uploaded 2025-10-09T03:38:27 (58.5 KB)

22F-H2221017-REL Decision – 974011.pdf

Uploaded 2025-10-09T03:38:27 (58.7 KB)

22F-H2221017-REL Decision – 982006.pdf

Uploaded 2025-10-09T03:38:28 (54.7 KB)

22F-H2221017-REL Decision – 982097.pdf

Uploaded 2025-10-09T03:38:28 (7.7 KB)

22F-H2221017-REL Decision – 994010.pdf

Uploaded 2025-10-09T03:38:28 (108.6 KB)