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Marc Archer v. PMPE Community Association, Inc.

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Case Summary

Case ID 21F-H2121040-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-03-30
Administrative Law Judge Thomas Shedden
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Marc Archer Counsel —
Respondent PMPE Community Association, Inc. Counsel Nicholas C. S. Nogami

Alleged Violations

ARIZ. REV. STAT. section 33-1817(B)(3)

Outcome Summary

The Association unreasonably withheld approval for Marc Archer's two-story garage addition, thereby violating ARIZ. REV. STAT. § 33-1817(B)(3). The Association was ordered to grant preliminary approval for the design and refund the $500 filing fee.

Key Issues & Findings

Unreasonable withholding of architectural approval

The Association unreasonably withheld preliminary approval for the Petitioner's January 2020 two-story garage addition request. The ALJ determined that none of the three reasons provided by the Association for the denial were reasonable.

Orders: The Association must grant preliminary approval for the proposed design and must pay the Petitioner his filing fee of $500.00 within thirty days of the Order.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1817(B)(3)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • AR Section 1.1
  • AR Section 4.4
  • AR Section 4.2

Analytics Highlights

Topics: HOA architectural approval, unreasonable denial, two-story garage addition, filing fee refund
Additional Citations:

  • ARIZ. REV. STAT. § 33-1817(B)(3)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. ADMIN. CODE § R2-19-119
  • AR Section 1.1
  • AR Section 4.4
  • AR Section 4.2

Audio Overview

Decision Documents

21F-H2121040-REL Decision – 928659.pdf

Uploaded 2025-10-09T03:36:54 (39.6 KB)

21F-H2121040-REL Decision – 943581.pdf

Uploaded 2025-10-09T03:36:54 (37.9 KB)

21F-H2121040-REL Decision – 953334.pdf

Uploaded 2025-10-09T03:36:54 (45.2 KB)

21F-H2121040-REL Decision – 958716.pdf

Uploaded 2025-10-09T03:36:54 (124.7 KB)

Clifford (Norm) Burnes v. Saguaro Crest Homeowners Association, Inc.

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Case Summary

Case ID 21F-H2121051-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-03
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford (Norm) Burnes Counsel —
Respondent Saguaro Crest Homeowners Association, Inc. Counsel John Crotty, Esq.

Alleged Violations

ARIZ. REV STAT. section 33-1804

Outcome Summary

The Administrative Law Judge Decision dismissed the petition, concluding that the Respondent HOA, Saguaro Crest, did not violate the open meeting law (A.R.S. § 33-1804) because the action taken via unanimous written consent was legally considered action without a meeting under A.R.S. § 10-3821.

Why this result: Petitioner failed to prove that a 'meeting' occurred on May 3, 2020. The Board actions were validly taken without a meeting pursuant to A.R.S. § 10-3821, which supersedes the open meeting requirements of A.R.S. § 33-1804 when action is taken by unanimous written consent.

Key Issues & Findings

Violation of the open meeting law by taking two actions via unanimous written consent.

Petitioner alleged that the Respondent's Board of Directors violated A.R.S. § 33-1804 on May 3, 2020, by taking two actions using unanimous written consent of the Board members, arguing this was equivalent to an informal meeting. Respondent asserted that taking action by unanimous consent, as allowed by A.R.S. § 10-3821, means no meeting actually occurred and therefore 33-1804 did not apply.

Orders: Petitioner's petition is dismissed. Respondent is deemed the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV STAT. section 33-1804
  • ARIZ. REV STAT. section 10-3821
  • ARIZ. REV STAT. section 10-3701(F)
  • ARIZ. REV STAT. section 32-2199.02(A)
  • Deer Valley, v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)
  • City of Phoenix v. Orbitz Worldwide, Inc. 247 Ariz. 234 (2019)

Analytics Highlights

Topics: HOA, open meeting law, written consent, statutory interpretation, planned community, board of directors
Additional Citations:

  • ARIZ. REV STAT. section 33-1804
  • ARIZ. REV STAT. section 10-3821
  • ARIZ. REV STAT. section 32-2199
  • ARIZ. REV STAT. section 32-2199.02
  • ARIZ. REV STAT. section 41-1092.08
  • ARIZ. REV STAT. section 10-3071
  • ARIZ. REV STAT. section 10-3701
  • ARIZ. ADMIN. CODE § R2-19-116(H)
  • ARIZ. ADMIN. CODE § R2-19-119
  • Deer Valley, v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)
  • City of Phoenix v. Orbitz Worldwide, Inc. 247 Ariz. 234 (2019)

Audio Overview

Decision Documents

21F-H2121051-REL-RHG Decision – 930803.pdf

Uploaded 2025-10-09T03:37:19 (46.9 KB)

21F-H2121051-REL-RHG Decision – 935756.pdf

Uploaded 2025-10-09T03:37:19 (124.8 KB)

James Iannuzo v. Moonrise at Starr Pass Community Association

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Case Summary

Case ID 22F-H2221014-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-12-30
Administrative Law Judge Thomas Shedden
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner James Iannuzo Counsel —
Respondent Moonrise at Starr Pass Community Association Counsel Jason E. Smith

Alleged Violations

ARIZ. REV. STAT. section 33-1243(H)(4)

Outcome Summary

The Petitioner prevailed by showing the Association violated ARIZ. REV. STAT. section 33-1243. The Association was ordered to refund the $500.00 filing fee. Petitioner's requests for voiding election results, assessing a civil penalty, and appointing an administrator were denied.

Key Issues & Findings

Violation of statutory procedure for board member removal concerning ballot tabulation after deadline.

The Association violated the statute by tabulating ballots for a recall election at the August 19, 2021 meeting, as those ballots were only valid for the canceled June 30, 2021 special meeting.

Orders: Respondent must pay the Petitioner his filing fee of $500.00 within thirty days of the Order. Other requested remedies (voiding results, assessing civil penalty, appointing administrator) were denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 33-1243(H)(4)
  • ARIZ. REV. STAT. § 33-1250(C)(3)

Analytics Highlights

Topics: HOA board recall, Ballot tabulation, Quorum dispute, Statutory violation, Filing fee refund
Additional Citations:

  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 33-1250
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. ADMIN. CODE § R2-19-119
  • Whitmer v. Hilton Casitas Homeowners Ass'n
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall

Audio Overview

Decision Documents

22F-H2221014-REL Decision – 935534.pdf

Uploaded 2025-10-09T03:38:23 (128.9 KB)

22F-H2221014-REL Decision – 945764.pdf

Uploaded 2025-10-09T03:38:23 (48.2 KB)

22F-H2221014-REL Decision – 949683.pdf

Uploaded 2025-10-09T03:38:23 (49.4 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)

Richard J. Jones v. Desert Oasis of Surprise Master Association

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Case Summary

Case ID 21F-H2121038-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-11-15
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Richard J Jones Counsel —
Respondent Desert Oasis of Surprise Master Association Counsel Troy Stratman, Esq.

Alleged Violations

Design Guidelines; CC&Rs Section 4.1.1

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that Petitioner Richard J. Jones failed to meet his burden of proof to show the Association violated its Design Guidelines or engaged in selective enforcement.

Why this result: Petitioner did not show by a preponderance of the evidence that the Association violated the Guidelines or engaged in selective enforcement. Evidence indicated that the Petitioner was in violation of the existing Guidelines by failing to obtain prior approval for his driveway extension and failing to meet the required setback.

Key Issues & Findings

Petitioner alleged the Association violated Design Guidelines regarding setback requirements for driveway extensions and engaged in selective enforcement.

Petitioner filed a single issue petition asserting that Design Guidelines did not require a twelve-inch setback for driveway extensions from the property line and that the Association was selectively enforcing its rules. The Petitioner had installed a concrete driveway extension without obtaining prior ARC approval, and approval was denied due to the lack of the twelve-inch setback.

Orders: Richard J. Jones’s petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

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)
  • Tierra Ranchos Homeowners Ass’n v Kitchukov, 216 Ariz. 173, 165 P.3d 173 (App. 2007)

Analytics Highlights

Topics: Driveway Extension, Architectural Review Committee, Setback Requirements, Design Guidelines, Selective Enforcement, HOA Violation
Additional Citations:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. section 32-2199.02(B)
  • ARIZ. REV. STAT. section 32-2199.04
  • ARIZ. REV. STAT. section 41-1092.09
  • Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
  • Tierra Ranchos Homeowners Ass’n v Kitchukov, 216 Ariz. 173, 165 P.3d 173 (App. 2007)

Audio Overview

Decision Documents

21F-H2121038-REL Decision – 924982.pdf

Uploaded 2025-10-09T03:36:49 (100.9 KB)

21F-H2121038-REL Decision – 924983.pdf

Uploaded 2025-10-09T03:36:50 (94.9 KB)

Ronald Borruso v. Sunland Village East Association

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Case Summary

Case ID 21F-H2121062-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-09-21
Administrative Law Judge Thomas Shedden
Outcome none
Filing Fees Refunded $1,500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Ronald Borruso Counsel —
Respondent Sunland Village East Association Counsel Nicholas Nogami, Esq. and Nikolas Eicher, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1804

Outcome Summary

The Administrative Law Judge dismissed the petition filed by Ronald Borruso, finding that the Petitioner failed to meet the standard of proof (preponderance of the evidence) regarding the alleged violations of ARIZ. REV. STAT. § 33-1804 concerning meeting procedures and unauthorized board actions.

Why this result: The Petitioner failed to carry the burden of proof to show that the alleged violations of ARIZ. REV. STAT. § 33-1804 occurred.

Key Issues & Findings

Alleged violations regarding member speaking rights at May 27, 2021 meeting and unauthorized board meetings concerning Operations Manager job qualifications

Petitioner alleged the HOA violated open meeting laws by restricting member speaking rights during deliberations at a special meeting on May 27, 2021, and by holding improperly noticed meetings to approve job qualifications for an Operations Manager.

Orders: Ronald Borruso’s petition is dismissed.

Filing fee: $1,500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)

Analytics Highlights

Topics: Open Meetings, Right to Speak, Statute Violation, Burden of Proof, Dismissal, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)

Audio Overview

Decision Documents

21F-H2121062-REL Decision – 912276.pdf

Uploaded 2025-10-09T03:37:37 (114.4 KB)

Clifford (Norm) Burnes v. Saguaro Crest Homeowners Association, Inc.

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Case Summary

Case ID 21F-H2121051-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-03
Administrative Law Judge Thomas Shedden
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford (Norm) Burnes Counsel —
Respondent Saguaro Crest Homeowners Association, Inc. Counsel John Crotty

Alleged Violations

ARIZ. REV STAT. 33-1804

Outcome Summary

The ALJ dismissed the Petitioner's complaint, finding that the Respondent HOA did not violate the open meeting law (A.R.S. § 33-1804) because the action was taken without a meeting via unanimous written consent as authorized by A.R.S. § 10-3821.

Why this result: The Petitioner did not meet the burden of proof to show that the alleged violation occurred, as the board acted without holding a formal meeting.

Key Issues & Findings

Violation of open meeting law by taking action via unanimous written consent

Petitioner alleged that the Board of Directors violated the open meeting law (A.R.S. § 33-1804) on May 3, 2020, by taking two actions using unanimous written consent of the Board members, which the Respondent claimed was permissible under A.R.S. § 10-3821 as action without a meeting.

Orders: Petitioner's petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV STAT. 33-1804
  • ARIZ. REV STAT. 10-3821

Analytics Highlights

Topics: HOA, Open Meeting Law, Unanimous Written Consent, Rehearing, Planned Community
Additional Citations:

  • ARIZ. REV STAT. 33-1804
  • ARIZ. REV STAT. 10-3821
  • ARIZ. REV. STAT. 32-2199
  • ARIZ. REV. STAT. 32-2199.02(A)
  • ARIZ. REV. STAT. 41-1092.08
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. 10-3701(F)
  • ARIZ. REV. STAT. 10-3071

Audio Overview

Decision Documents

21F-H2121051-REL Decision – 930803.pdf

Uploaded 2025-10-09T03:37:15 (46.9 KB)

21F-H2121051-REL Decision – 935756.pdf

Uploaded 2025-10-09T03:37:15 (124.8 KB)

Keith D Smith v. Sierra Foothills Condominium Association

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Case Summary

Case ID 21F-H2120003-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-06-03
Administrative Law Judge Thomas Shedden
Outcome none
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Keith D Smith Counsel —
Respondent Sierra Foothills Condominium Association Counsel —

Alleged Violations

CC&R section 7.1(C)
ARIZ. REV. STAT. section 33-1248

Outcome Summary

The Petitioner's petition, alleging violations of CC&R section 7.1(C) and ARIZ. REV. STAT. section 33-1248, was dismissed because the Petitioner failed to meet the burden of proof on both alleged violations.

Why this result: The Petitioner failed to provide substantial evidence to support either the alleged open meeting law violation or the claim that the monument sign rule was unreasonable/discriminatory.

Key Issues & Findings

Board authority to adopt rules that allegedly unreasonably discriminate among Owners regarding monument sign usage

Petitioner alleged the Association's rule limiting the monument sign use to only Building B units was an unreasonable and discriminatory violation of CC&R 7.1(C) and 6.26(a). The ALJ found the limitation reasonable because Building A units have street frontage available for signage, while Building B units do not.

Orders: Petitioner failed to prove the Association violated CC&R section 7.1(C) because the limitation was reasonable. CC&R section 6.26 only applies to Article 6 and was not violated.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. ADMIN. CODE § R2-19-119
  • CC&R section 7.1(C)
  • CC&R section 6.26(a)

Alleged open meeting law violation regarding adoption of the monument sign rule

Petitioner alleged the Board members communicated via email and reached their decision prior to the June 10, 2020 meeting, calling for a vote without discussion, violating open meeting laws. The ALJ found the claim unsubstantiated, noting that discussion did occur and no evidence (emails) was provided.

Orders: Petitioner did not prove the Association violated ARIZ. REV. STAT. section 33-1248. The petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. ADMIN. CODE § R2-19-115

Analytics Highlights

Topics: condominium, signage dispute, common elements, rules and regulations, open meeting law, discrimination
Additional Citations:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 41-1092.07(F)(6)
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.07(F)(1)
  • ARIZ. ADMIN. CODE § R2-19-115

Audio Overview

Decision Documents

21F-H2120003-REL-RHG Decision – 885949.pdf

Uploaded 2025-10-09T03:35:50 (143.3 KB)

Donald S Fern & Judith A. Hedges vs.

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Case Summary

Case ID 21F-H2120005-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-11-20
Administrative Law Judge Thomas Shedden
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Donald S Fern & Judith A. Hedges Counsel Lance Leslie
Respondent San Ignacio Heights, Inc. Counsel Michael S. Shupe

Alleged Violations

CC&R Article VI(D)

Outcome Summary

Petitioners were the prevailing party because the Respondent acknowledged violating the CC&Rs by approving the pergola. Respondent was ordered to refund the $500.00 filing fee, but the request for a civil penalty was denied.

Key Issues & Findings

View Obstruction by Pergola Approval

Petitioners alleged that Respondent, by granting approval in February 2018 for the construction of a pergola on lot 47, violated the CC&Rs requirement that an unobstructed view of the Santa Rita Mountains be maintained for owners of View Lots (Lot 46) and sought a civil penalty.

Orders: Respondent acknowledged the violation, rescinded the pergola approval prior to the Notice of Hearing, and was ordered to pay Petitioners the $500.00 filing fee. A civil penalty was sought but denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: CC&R Violation, View Obstruction, Architectural Review Committee, Filing Fee Refund, Civil Penalty Denial
Additional Citations:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • BLACK’S LAW DICTIONARY 1373 (10th ed. 2014)

Audio Overview

Decision Documents

21F-H2120005-REL Decision – 838563.pdf

Uploaded 2025-10-09T03:35:57 (90.6 KB)

Keith D Smith v. Sierra Foothills Condominium Association

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Case Summary

Case ID 21F-H2120003-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-06-03
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Keith D Smith Counsel —
Respondent Sierra Foothills Condominium Association Counsel Stuart Rayburn

Alleged Violations

CC&R section 7.1(C)
ARIZ. REV. STAT. section 33-1248

Outcome Summary

The petition was dismissed as the Petitioner failed to prove by a preponderance of the evidence that the Association violated CC&R section 7.1(C) or ARIZ. REV. STAT. section 33-1248. The rule limiting sign use was deemed reasonable.

Why this result: Petitioner failed to meet the burden of proof on both issues.

Key Issues & Findings

Alleged unreasonable discrimination in adopting rules regarding common elements (monument sign)

Petitioner alleged the Association violated CC&R 7.1(C) by adopting a rule limiting the use of the common element monument sign to only owners in Building B, arguing this was unreasonable discrimination against Building A owners.

Orders: Petition dismissed for this issue.

Filing fee: $250.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&R section 7.1(C)
  • CC&R section 6.26(a)
  • ARIZ. REV. STAT. section 33-1217

Alleged open meeting law violation at the June 10, 2020 Board meeting

Petitioner alleged the Board violated open meeting laws by communicating via email and reaching a decision prior to the June 10, 2020 meeting, claiming the President called for a vote without discussion.

Orders: Petition dismissed for this issue.

Filing fee: $250.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. section 33-1248

Analytics Highlights

Topics: Condominium, Commercial HOA, Signage rules, Open meeting law, Discrimination
Additional Citations:

  • ARIZ. REV. STAT. section 33-1248
  • CC&R section 7.1(C)
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 41-1092.07(F)(6)

Audio Overview

Decision Documents

21F-H2120003-REL Decision – 837073.pdf

Uploaded 2025-10-09T03:35:47 (103.9 KB)