Tag Archives: CC&Rs

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)

Charles P Mandela vs. Blue Ridge Estates Homeowners’ Association

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Case Summary

Case ID 20F-H2020042-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-04-27
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Charles P Mandela Counsel —
Respondent Blue Ridge Estates Homeowners' Association Counsel Nicholas Nogami

Alleged Violations

CC&R’s Article X, Section 10.3

Outcome Summary

The Administrative Law Judge concluded that the Respondent acted in compliance with the CC&R’s regarding the handling of the architectural request, specifically Section 10.3 concerning submission and review of plans. Petitioner failed to sustain the burden of proof of a violation, and the appeal was dismissed.

Why this result: Petitioner failed to sustain the burden to establish a violation of Article X of the CC&R’s. The request was deemed denied per the terms of Section 10.3 when the Board took longer than 30 days to respond, and Petitioner failed to follow the subsequent requirement to formally request a meeting with the Architectural Committee.

Key Issues & Findings

Denial of request to place a patio shade structure and alleged violation of response time requirements

Petitioner alleged the HOA violated CC&R’s Article X by denying his patio shade request and failing to provide a written response within the 30-day period required by Section 10.3. Respondent argued the shade counted as another structure, the request was properly deemed denied after 30 days, and Petitioner failed to follow the appeal procedures by requesting a meeting.

Orders: Petitioner’s appeal is dismissed; Respondent is the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 41-2198.01
  • 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. § 32-2199.02(A)
  • CC&R’s Article X
  • CC&R’s Section 10.3

Analytics Highlights

Topics: HOA, CC&Rs, Architectural Review, Patio Shade, Rehearing, Deemed Denied
Additional Citations:

  • A.R.S. § 41-2198.01
  • 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. § 32-2199.02(A)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020042-REL-RHG Decision – 876009.pdf

Uploaded 2025-10-08T07:11:00 (118.9 KB)

Charles P Mandela vs. Blue Ridge Estates Homeowners’ Association

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Case Summary

Case ID 20F-H2020042-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-04-27
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Charles P Mandela Counsel —
Respondent Blue Ridge Estates Homeowners' Association Counsel Nicholas Nogami

Alleged Violations

CC&R’s Article X, Section 10.3

Outcome Summary

The Administrative Law Judge concluded that the Respondent acted in compliance with the CC&R’s regarding the handling of the architectural request, specifically Section 10.3 concerning submission and review of plans. Petitioner failed to sustain the burden of proof of a violation, and the appeal was dismissed.

Why this result: Petitioner failed to sustain the burden to establish a violation of Article X of the CC&R’s. The request was deemed denied per the terms of Section 10.3 when the Board took longer than 30 days to respond, and Petitioner failed to follow the subsequent requirement to formally request a meeting with the Architectural Committee.

Key Issues & Findings

Denial of request to place a patio shade structure and alleged violation of response time requirements

Petitioner alleged the HOA violated CC&R’s Article X by denying his patio shade request and failing to provide a written response within the 30-day period required by Section 10.3. Respondent argued the shade counted as another structure, the request was properly deemed denied after 30 days, and Petitioner failed to follow the appeal procedures by requesting a meeting.

Orders: Petitioner’s appeal is dismissed; Respondent is the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 41-2198.01
  • 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. § 32-2199.02(A)
  • CC&R’s Article X
  • CC&R’s Section 10.3

Analytics Highlights

Topics: HOA, CC&Rs, Architectural Review, Patio Shade, Rehearing, Deemed Denied
Additional Citations:

  • A.R.S. § 41-2198.01
  • 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. § 32-2199.02(A)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020042-REL-RHG Decision – 876009.pdf

Uploaded 2025-10-09T03:34:51 (118.9 KB)

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

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Case Summary

Case ID 20F-H2020049-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-03-08
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs Section 14.8

Outcome Summary

The ALJ denied the petition upon rehearing, confirming the prior decision that the Association did not violate CC&Rs Section 14.8 because that provision only relates to the Association's obligation to send notice, not the homeowner's methods of mailing payments. Petitioner failed to prove the violation.

Why this result: Petitioner failed to sustain the burden of proving that the Association violated CC&Rs Section 14.8, which was deemed inapplicable to the facts presented.

Key Issues & Findings

Notices

Petitioner started mailing monthly assessment payments via restricted delivery for board member Rhea Carlisle's pickup, deviating from the established HOA mailing address, resulting in delayed/returned payments and late fees. Petitioner sought an order compelling the Association to abide by CC&Rs 14.8 and statutes, and sought a civil penalty. The core issue determined was whether the Association violated CC&Rs 14.8.

Orders: Petitioner's petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs 14.8
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 33-1243

Analytics Highlights

Topics: Assessment payments, CC&Rs, Notice provision, Jurisdiction, Statutory Agent, Restricted delivery
Additional Citations:

  • 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. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020049-REL-RHG Decision – 861466.pdf

Uploaded 2025-10-08T07:11:35 (145.6 KB)

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

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Case Summary

Case ID 20F-H2020049-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-03-08
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs Section 14.8

Outcome Summary

The ALJ denied the petition upon rehearing, confirming the prior decision that the Association did not violate CC&Rs Section 14.8 because that provision only relates to the Association's obligation to send notice, not the homeowner's methods of mailing payments. Petitioner failed to prove the violation.

Why this result: Petitioner failed to sustain the burden of proving that the Association violated CC&Rs Section 14.8, which was deemed inapplicable to the facts presented.

Key Issues & Findings

Notices

Petitioner started mailing monthly assessment payments via restricted delivery for board member Rhea Carlisle's pickup, deviating from the established HOA mailing address, resulting in delayed/returned payments and late fees. Petitioner sought an order compelling the Association to abide by CC&Rs 14.8 and statutes, and sought a civil penalty. The core issue determined was whether the Association violated CC&Rs 14.8.

Orders: Petitioner's petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs 14.8
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 33-1243

Analytics Highlights

Topics: Assessment payments, CC&Rs, Notice provision, Jurisdiction, Statutory Agent, Restricted delivery
Additional Citations:

  • 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. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020049-REL-RHG Decision – 861466.pdf

Uploaded 2025-10-09T03:35:03 (145.6 KB)

MICHAEL J. STOLTENBERG v. RANCHO DEL ORO HOMEOWNERS ASSOCIATION

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Case Summary

Case ID 20F-H2020059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-02-12
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs § 5.1; A.R.S. § 10-3842

Outcome Summary

The Petition was dismissed after rehearing because Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs. The ALJ found that Petitioner continually refused Respondent access to his locked back yard for landscaping maintenance, and the CC&Rs requiring landscaping do not mandate pool maintenance.

Why this result: Petitioner failed to establish a violation due to refusal of access to the back yard and misinterpretation of CC&R obligations regarding pool maintenance.

Key Issues & Findings

Failure to maintain landscaping and acting in bad faith

Petitioner alleged Respondent HOA violated CC&Rs by failing to maintain landscaping in 2020 and acting in bad faith, asserting that pool/hardscape maintenance was included in landscaping duties, and requesting the maximum fine. Respondent countered that they consistently maintained the front yard but were denied access to the locked backyard due to Petitioner's pool liability concerns.

Orders: Petitioner's Petition was dismissed/denied as Petitioner failed to establish a violation by a preponderance of the evidence. However, Respondent was ordered, going forward, to communicate the days and times they will be performing back yard landscaping so Petitioner can provide access.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: HOA Duties, Landscaping, Pool Maintenance, CC&Rs, Access Refusal, Rehearing
Additional Citations:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020059-REL-RHG Decision – 855028.pdf

Uploaded 2025-10-08T07:12:30 (139.1 KB)

MICHAEL J. STOLTENBERG v. RANCHO DEL ORO HOMEOWNERS ASSOCIATION

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Case Summary

Case ID 20F-H2020059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-02-12
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J. Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs § 5.1; A.R.S. § 10-3842

Outcome Summary

The Petition was dismissed after rehearing because Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs. The ALJ found that Petitioner continually refused Respondent access to his locked back yard for landscaping maintenance, and the CC&Rs requiring landscaping do not mandate pool maintenance.

Why this result: Petitioner failed to establish a violation due to refusal of access to the back yard and misinterpretation of CC&R obligations regarding pool maintenance.

Key Issues & Findings

Failure to maintain landscaping and acting in bad faith

Petitioner alleged Respondent HOA violated CC&Rs by failing to maintain landscaping in 2020 and acting in bad faith, asserting that pool/hardscape maintenance was included in landscaping duties, and requesting the maximum fine. Respondent countered that they consistently maintained the front yard but were denied access to the locked backyard due to Petitioner's pool liability concerns.

Orders: Petitioner's Petition was dismissed/denied as Petitioner failed to establish a violation by a preponderance of the evidence. However, Respondent was ordered, going forward, to communicate the days and times they will be performing back yard landscaping so Petitioner can provide access.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: HOA Duties, Landscaping, Pool Maintenance, CC&Rs, Access Refusal, Rehearing
Additional Citations:

  • CC&Rs § 5.1
  • CC&Rs § 5.1(a)
  • A.R.S. § 10-3842
  • 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)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-1122(A)(1)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020059-REL-RHG Decision – 855028.pdf

Uploaded 2025-10-09T03:35:25 (139.1 KB)

Susan E Abbass v. 10000 North Central Homeowners Association

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Case Summary

Case ID 20F-H2020057-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2020-12-01
Administrative Law Judge Adam D. Stone
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Susan E Abbass Counsel —
Respondent 10000 North Central Homeowners Association Counsel Blake R. Johnson

Alleged Violations

CCR’s Article XII, Section 6 and Article XIII, Sections 1(d) and 4

Outcome Summary

The Administrative Law Judge concluded, based on the evidence from both the initial hearing and the rehearing, that the Respondent (HOA) did not violate Article XII Section 6 or Article XIII Sections 1(d) and 4 of the CCR's. Petitioner failed to meet the burden of proof, and the appeal was dismissed.

Why this result: Petitioner failed to meet the burden of proof to establish a violation. The ALJ found that the HOA only had the right, not the obligation, to enter the neighboring property, and acted in compliance with the CCR's.

Key Issues & Findings

HOA's duty/obligation to grant access to neighboring property for water leak inspection

Petitioner claimed Respondent HOA violated community documents by failing to allow inspection of a neighboring property to determine the source of a water leak affecting Petitioner's home.

Orders: Petitioner's appeal is dismissed. Respondent is the prevailing party with regard to the rehearing.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 41-2198.01
  • A.R.S. § 32-2199.02(A)
  • 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. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: Rehearing, Water Leak, CC&Rs, Access to Property, Burden of Proof, Prevailing Party
Additional Citations:

  • A.R.S. § 41-2198.01
  • A.R.S. § 32-2199.02(A)
  • 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. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020057-REL-RHG Decision – 839845.pdf

Uploaded 2025-10-08T07:12:20 (108.6 KB)

Susan E Abbass v. 10000 North Central Homeowners Association

Posted on by

Case Summary

Case ID 20F-H2020057-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2020-12-01
Administrative Law Judge Adam D. Stone
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Susan E Abbass Counsel —
Respondent 10000 North Central Homeowners Association Counsel Blake R. Johnson

Alleged Violations

CCR’s Article XII, Section 6 and Article XIII, Sections 1(d) and 4

Outcome Summary

The Administrative Law Judge concluded, based on the evidence from both the initial hearing and the rehearing, that the Respondent (HOA) did not violate Article XII Section 6 or Article XIII Sections 1(d) and 4 of the CCR's. Petitioner failed to meet the burden of proof, and the appeal was dismissed.

Why this result: Petitioner failed to meet the burden of proof to establish a violation. The ALJ found that the HOA only had the right, not the obligation, to enter the neighboring property, and acted in compliance with the CCR's.

Key Issues & Findings

HOA's duty/obligation to grant access to neighboring property for water leak inspection

Petitioner claimed Respondent HOA violated community documents by failing to allow inspection of a neighboring property to determine the source of a water leak affecting Petitioner's home.

Orders: Petitioner's appeal is dismissed. Respondent is the prevailing party with regard to the rehearing.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 41-2198.01
  • A.R.S. § 32-2199.02(A)
  • 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. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Analytics Highlights

Topics: Rehearing, Water Leak, CC&Rs, Access to Property, Burden of Proof, Prevailing Party
Additional Citations:

  • A.R.S. § 41-2198.01
  • A.R.S. § 32-2199.02(A)
  • 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. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020057-REL-RHG Decision – 839845.pdf

Uploaded 2025-10-09T03:35:20 (108.6 KB)

Laura B Ganer v. Vincenz Homeowners Association

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Case Summary

Case ID 20F-H2020060-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-09-16
Administrative Law Judge Velva Moses-Thompson
Outcome total_loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Laura B Ganer Counsel —
Respondent Vincenz Homeowners Association Counsel Mark B. Sahl, Esq.

Alleged Violations

VHA CC&Rs Article 10 § 11, Article 7 § 3, and Article 12 § 2

Outcome Summary

The petition was dismissed because the Petitioner failed to prove that the Respondent HOA violated its CC&Rs (Article 7 § 3, Article 10 § 10.11, and Article 12 § 2) when adopting the new parking policy.

Why this result: Petitioner failed to meet the burden of proof to establish that Respondent violated its CC&Rs by a preponderance of the evidence.

Key Issues & Findings

Challenge to new HOA parking policy adoption

Petitioner alleged the VHA's new parking policy was unreasonable and improperly adopted without an amendment, violating specific CC&R sections.

Orders: The petition is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 32-2199(B)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 33-1803
  • ARIZ. REV. STAT. § 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)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Analytics Highlights

Topics: Parking Policy, CC&Rs, Board Authority, Burden of Proof, Dismissal
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199(B)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 33-1803
  • ARIZ. REV. STAT. § 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)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Audio Overview

Decision Documents

20F-H2020060-REL Decision – 822882.pdf

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