Tag Archives: Assessment Dispute

Jill P. Eden-Burns v. Tonto Forest Estates Homeowners Association

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Case Summary

Case ID 23F-H015-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-05-18
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jill P. Eden-Burns Counsel —
Respondent Tonto Forest Estates Homeowners Association Counsel Daniel S. Francom

Alleged Violations

A.R.S. § 33-1804(A), (C), (E); CC&R 4.32

Outcome Summary

The petition was granted because the Association violated A.R.S. § 33-1804 (Open Meeting Law) by holding an informal quorum discussion prior to a meeting, and violated CC&R 4.32 by improperly charging the homeowner $1750.00 for septic maintenance and repair costs that should have been covered by annual common assessments.

Key Issues & Findings

Violation of Open Meeting Laws and unequal application of CC&R 4.32 regarding septic system costs.

The Board violated open meeting laws by holding an informal quorum discussion about septic policy prior to a formal meeting. Additionally, the Association improperly charged Petitioner $1750.00 for septic maintenance and repair, violating CC&R 4.32, which mandates such costs be included as part of Assessments allocated equally among all Lots.

Orders: Petition granted. Respondent must reimburse the $1,000.00 filing fee and henceforth comply with A.R.S. § 33-33-1804 and CC&R 4.32.

Filing fee: $1,000.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804(A)
  • A.R.S. § 33-1804(C)
  • A.R.S. § 33-1804(E)
  • CC&R 4.32

Analytics Highlights

Topics: Open Meeting Law, HOA Governing Documents, Assessment Dispute, Septic System Maintenance, Informal Meeting
Additional Citations:

  • A.R.S. § 32-2102
  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 33-1804(A)
  • A.R.S. § 33-1804(C)
  • A.R.S. § 33-1804(E)
  • CC&R 4.32
  • CC&R 8.1
  • CC&R 8.2
  • CC&R 11.2
  • CC&R 15.1

Audio Overview

Decision Documents

23F-H015-REL Decision – 1015027.pdf

Uploaded 2025-10-09T03:40:19 (52.0 KB)

23F-H015-REL Decision – 1017891.pdf

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23F-H015-REL Decision – 1024720.pdf

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23F-H015-REL Decision – 1033722.pdf

Uploaded 2025-10-09T03:40:19 (47.5 KB)

23F-H015-REL Decision – 1057466.pdf

Uploaded 2025-10-09T03:40:19 (168.6 KB)

Brian D Sopatyk v. Xanadu Lake Resort Condominium, Inc.

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Case Summary

Case ID 21F-H2121065-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-11-01
Administrative Law Judge Velva Moses-Thompson
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Brian D. Sopatyk Counsel Jacob A. Kubert, Esq.
Respondent Xanadu Lake Resort Condominium, Inc. Counsel Penny L. Koepke, Esq.

Alleged Violations

CC&R Article 2 § 3(a)(2)
CC&R Article 3 § 3(d)(1)
CC&R Article 6 § 2(a)

Outcome Summary

Petitioner was deemed the prevailing party regarding Issues 1 and 3, while Respondent was deemed the prevailing party regarding Issue 2. Respondent was ordered to pay Petitioner his filing fee of $1,000.00. No civil penalty was found appropriate.

Why this result: Petitioner lost Issue 2 because he failed to prove the Respondent's no-pet policy was arbitrarily or unreasonably applied.

Key Issues & Findings

Alleged violation of CC&R Article 2 § 3(a)(2)

The Administrative Law Judge (ALJ) concluded that screen doors are not permitted in Xanadu under CC&R Article 2 § 3(a)(2), and CC&R Article 7 (Architectural Committee authority) does not override this explicit prohibition.

Orders: Respondent is directed to comply with the requirements of CC&R Article 2 § 3(a)(2) going forward.

Filing fee: $0.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&R Article 2 § 3(a)(2)
  • CC&R Article 7

Alleged violation of CC&R Article 3 § 3(d)(1)

Petitioner alleged violation concerning the 'no-pet' policy. The ALJ concluded that Respondent is not required to allow pets, but may allow them with Board approval, and the Petitioner did not establish that the policy was arbitrarily or unreasonably applied.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&R Article 3 § 3(d)(1)
  • A.R.S. § 12-548

Alleged violation of CC&R Article 6 § 2(a)

The ALJ concluded that the marquee is common area, and the Association was not authorized under CC&R Article 6 § 2(a) to charge a separate assessment or rental fee for its use. Furthermore, there was no evidence the $50 assessment complied with CC&R Article 6 § 5 (special assessment requirements).

Orders: Respondent is directed to comply with the requirements of CC&R Article 6 § 2(a) going forward.

Filing fee: $0.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&R Article 6 § 2(a)
  • CC&R Article 6 § 5
  • A.R.S. § 12-548

Analytics Highlights

Topics: HOA Governance, Condominium, CC&R Violation, Assessment Dispute, Architectural Control, Pet Policy, Statute of Limitations Defense
Additional Citations:

  • A.R.S. § 32-2199(1)
  • A.R.S. § 12-548
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • CC&R Article 2 § 3(a)(2)
  • CC&R Article 3 § 3(d)(1)
  • CC&R Article 6 § 2(a)
  • CC&R Article 6 § 5
  • CC&R Article 7

Audio Overview

Decision Documents

21F-H2121065-REL Decision – 913797.pdf

Uploaded 2025-10-09T03:37:45 (41.8 KB)

21F-H2121065-REL Decision – 913859.pdf

Uploaded 2025-10-09T03:37:45 (5.9 KB)

21F-H2121065-REL Decision – 921820.pdf

Uploaded 2025-10-09T03:37:45 (100.1 KB)

21F-H2121065-REL Decision – 921823.pdf

Uploaded 2025-10-09T03:37:45 (112.8 KB)