Tag Archives: HOA violation

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)

Tom Barrs v. Desert Ranch Homeowners Association

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Case Summary

Case ID 19F-H1918037-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-09-12
Administrative Law Judge Jenna Clark
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge concluded that the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide the full requested documentation relating to EDC actions and communications. The Petitioner's request for relief was granted, resulting in the reimbursement of the $500 filing fee and the imposition of a $500 civil penalty against the HOA.

Key Issues & Findings

Whether Desert Ranch Homeowners Association (Respondent) violated A.R.S. § 33-1805 by failing to fulfill a records request.

The Association violated A.R.S. § 33-1805 by failing to fully comply with Petitioner's specific request for EDC records (submissions, requests, and approvals) by providing only a summary table instead of the totality of requested communications within the statutory deadline.

Orders: Petitioner's petition granted. Respondent ordered to reimburse Petitioner's $500.00 filing fee (ARIZ. REV. STAT. § 32-2199.01) and tender a $500.00 civil penalty to the Department (ARIZ. REV. STAT. § 32-2199.02(A)).

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Records Request, HOA Violation, Civil Penalty, Filing Fee Reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. ADMIN. CODE R2-19-107
  • ARIZ. REV. STAT. § 33-1804

Audio Overview

Decision Documents

19F-H1918037-REL-RHG Decision – 737525.pdf

Uploaded 2025-10-08T07:08:32 (176.7 KB)





Briefing Doc – 19F-H1918037-REL-RHG


Briefing Document: Barrs v. Desert Ranch Homeowners Association

Executive Summary

This document synthesizes the findings from two Administrative Law Judge (ALJ) Decisions concerning a records request dispute between homeowner Tom Barrs (Petitioner) and the Desert Ranch Homeowners Association (Respondent). The central issue was whether the Association violated Arizona Revised Statute (A.R.S.) § 33-1805 by failing to adequately fulfill a records request submitted by the Petitioner on November 1, 2018.

The initial hearing on March 21, 2019, resulted in an April 10, 2019, decision in favor of the Association. The ALJ concluded that the Petitioner had failed to properly submit his request to all members of the Association’s Board, and thus the Association’s partial response (a summary table) did not constitute a statutory violation.

Following a successful appeal by the Petitioner, a rehearing was held on August 27, 2019. New evidence demonstrated that the Petitioner had followed prior express instructions from the Association regarding who to contact for records requests. Consequently, the ALJ issued a new decision on September 12, 2019, reversing the original order. The final ruling found the Association in violation of A.R.S. § 33-1805. The Association was ordered to reimburse the Petitioner’s $500 filing fee and was assessed a civil penalty of $500.

Case Overview

Case Numbers

No. 19F-H1918037-REL (Initial Decision)
No. 19F-H1918037-REL-RHG (Rehearing Decision)

Petitioner

Tom Barrs, a property owner and member of the Association.

Respondent

Desert Ranch Homeowners Association, Scottsdale, Arizona.

Central Issue

Whether the Association violated A.R.S. § 33-1805 by failing to fulfill a records request for Environmental Design Committee (EDC) actions, requests, and approvals.

Initial Petition

Filed by Tom Barrs on December 17, 2018.

Initial Hearing

March 21, 2019, before ALJ Jenna Clark.

Rehearing

August 27, 2019, before ALJ Jenna Clark.

Final Outcome

Petition granted in favor of Tom Barrs. The Association was found in violation of state law, ordered to reimburse the filing fee, and fined.

Key Individuals and Entities

Role / Affiliation

Tom Barrs

Petitioner; homeowner in the Desert Ranch subdivision.

Desert Ranch HOA

Respondent; homeowners’ association.

Jenna Clark

Administrative Law Judge, Office of Administrative Hearings.

Brian Schoeffler

Chairman of the Association’s Environmental Design Committee (EDC); appeared on behalf of the Association.

Catherine Overby

President of the Association’s Board of Directors.

Lori Loch-Lee

Vice President of Client Services at Associated Asset Management (AAM), the Association’s accounting/management company.

Jonathan Dessaules, Esq.

Attorney who appeared on behalf of the Petitioner at the rehearing.

The Records Request and Subsequent Dispute

The Initial Request

On November 1, 2018, at 9:40 p.m., Petitioner submitted an electronic records request to Catherine Overby, Brian Schoeffler, and Lori Loch-Lee. The text of the request was as follows:

“Pursuant to ARS 33-1805, I am requesting a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018. Soft copies via return email are preferable; otherwise, please let me know when hard copies are available for pickup.”

The Association’s Response and Petitioner’s Follow-Up

• November 2, 2018: Lori Loch-Lee from AAM notified the Petitioner she would forward his request to all Board members, noting that AAM was only the Association’s accounting firm.

• November 18, 2018: The Petitioner received a summary table listing some EDC actions, not the complete set of communications and documents requested. At this time, he was advised by Brian Schoeffler that he “needed to copy all Board members on records requests.”

• March 6, 2019: The Petitioner sent a follow-up email, accusing the Association of willful failure and clarifying the specific records he sought beyond the summary table, including “copies of the communications (letters, emails, and application forms) relating to Environmental Design Review (EDC) submissions, requests, complaints and approvals (or denials).”

• March 11, 2019: Mr. Schoeffler replied, arguing that the request had been complied with on November 18, 2018, and directed the Petitioner to “submit a new request” for the additional information.

• March 17, 2019: Mr. Schoeffler reiterated that the original request was only sent to two of four Board members and stated that providing additional documents could be “interpreted as an admission of guilt.”

As of the rehearing date (August 27, 2019), the Petitioner had still not received all the documentation requested on November 1, 2018.

Legal Proceedings and Rulings

Initial Hearing and Decision (April 10, 2019)

In the first hearing, the dispute centered on the validity of the request submission and the adequacy of the Association’s response.

Arguments:

• Petitioner (Barrs): Argued the Association acted in bad faith and willfully failed to fulfill the request, noting a similar dispute had been previously adjudicated. He was concerned with the completeness of the response, not its timeliness.

• Respondent (HOA): Argued it had complied with the request by providing a summary table, consistent with its handling of a previous dispute with the Petitioner. Mr. Schoeffler testified that the response was untimely (provided on the 11th business day) but asserted it was otherwise sufficient.

ALJ Conclusion: The Judge ruled in favor of the Association, denying the Petitioner’s petition. The key finding was that the Petitioner had failed to properly submit his request.

“Because the credible evidence of record reflects that Petitioner failed to properly submit his records request to the Board, Petitioner has failed established by a preponderance of the evidence that the Association was in violation of ARIZ. REV. STAT. § 33-1805 for providing him with a summary table on November 18, 2018.”

The decision also noted that the statute does not legally obligate an HOA to email copies of records.

Rehearing and Final Decision (September 12, 2019)

After the Petitioner’s appeal was granted, a rehearing introduced new evidence that fundamentally changed the outcome.

New Evidence and Concessions:

• July 19, 2017 Instruction: Evidence showed Association President Catherine Overby had previously appointed Brian Schoeffler as the Petitioner’s “primary records request contact.”

• July 18, 2018 Instruction: Evidence showed Ms. Overby had also instructed the Petitioner to direct requests to the management company, AAM.

• Association Concessions: The Respondent conceded that its governing documents do not require all Board members to be copied on records requests and that its own bylaws regarding submission forms are not adhered to or enforced.

ALJ’s Reversed Conclusion: The Judge reversed the prior decision and granted the Petitioner’s petition. The new evidence proved the Petitioner had followed express instructions from the Association.

“Petitioner’s November 01, 2018, records request was not required to be sent to all members of the Association’s Board, as Petitioner had expressly been instructed to only send his records requests to the Association’s EDC Chairman, Mr. Schoeffler, which he did.”

The Judge concluded that the partial response was a clear violation of the law.

“Petitioner is correct that the Association did not fully comply with his specific request, and has established by a preponderance of the evidence that the summary table provided by the Association was a violation of ARIZ. REV. STAT. § 33-1805.”

Final Order and Penalties

The Administrative Law Judge’s Final Order on September 12, 2019, which is binding on the parties, mandated the following:

1. Petition Granted: The Petitioner’s petition was granted.

2. Filing Fee Reimbursement: The Respondent (Desert Ranch HOA) was ordered to reimburse the Petitioner’s $500.00 filing fee.

3. Civil Penalty: The Respondent was ordered to pay a civil penalty of $500.00 to the Arizona Department of Real Estate.


Tom Barrs v. Desert Ranch Homeowners Association

Posted on by

Case Summary

Case ID 19F-H1918037-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-09-12
Administrative Law Judge Jenna Clark
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge concluded that the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide the full requested documentation relating to EDC actions and communications. The Petitioner's request for relief was granted, resulting in the reimbursement of the $500 filing fee and the imposition of a $500 civil penalty against the HOA.

Key Issues & Findings

Whether Desert Ranch Homeowners Association (Respondent) violated A.R.S. § 33-1805 by failing to fulfill a records request.

The Association violated A.R.S. § 33-1805 by failing to fully comply with Petitioner's specific request for EDC records (submissions, requests, and approvals) by providing only a summary table instead of the totality of requested communications within the statutory deadline.

Orders: Petitioner's petition granted. Respondent ordered to reimburse Petitioner's $500.00 filing fee (ARIZ. REV. STAT. § 32-2199.01) and tender a $500.00 civil penalty to the Department (ARIZ. REV. STAT. § 32-2199.02(A)).

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Records Request, HOA Violation, Civil Penalty, Filing Fee Reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. ADMIN. CODE R2-19-107
  • ARIZ. REV. STAT. § 33-1804

Audio Overview

Decision Documents

19F-H1918037-REL-RHG Decision – 737525.pdf

Uploaded 2025-10-09T03:33:57 (176.7 KB)





Briefing Doc – 19F-H1918037-REL-RHG


Briefing Document: Barrs v. Desert Ranch Homeowners Association

Executive Summary

This document synthesizes the findings from two Administrative Law Judge (ALJ) Decisions concerning a records request dispute between homeowner Tom Barrs (Petitioner) and the Desert Ranch Homeowners Association (Respondent). The central issue was whether the Association violated Arizona Revised Statute (A.R.S.) § 33-1805 by failing to adequately fulfill a records request submitted by the Petitioner on November 1, 2018.

The initial hearing on March 21, 2019, resulted in an April 10, 2019, decision in favor of the Association. The ALJ concluded that the Petitioner had failed to properly submit his request to all members of the Association’s Board, and thus the Association’s partial response (a summary table) did not constitute a statutory violation.

Following a successful appeal by the Petitioner, a rehearing was held on August 27, 2019. New evidence demonstrated that the Petitioner had followed prior express instructions from the Association regarding who to contact for records requests. Consequently, the ALJ issued a new decision on September 12, 2019, reversing the original order. The final ruling found the Association in violation of A.R.S. § 33-1805. The Association was ordered to reimburse the Petitioner’s $500 filing fee and was assessed a civil penalty of $500.

Case Overview

Case Numbers

No. 19F-H1918037-REL (Initial Decision)
No. 19F-H1918037-REL-RHG (Rehearing Decision)

Petitioner

Tom Barrs, a property owner and member of the Association.

Respondent

Desert Ranch Homeowners Association, Scottsdale, Arizona.

Central Issue

Whether the Association violated A.R.S. § 33-1805 by failing to fulfill a records request for Environmental Design Committee (EDC) actions, requests, and approvals.

Initial Petition

Filed by Tom Barrs on December 17, 2018.

Initial Hearing

March 21, 2019, before ALJ Jenna Clark.

Rehearing

August 27, 2019, before ALJ Jenna Clark.

Final Outcome

Petition granted in favor of Tom Barrs. The Association was found in violation of state law, ordered to reimburse the filing fee, and fined.

Key Individuals and Entities

Role / Affiliation

Tom Barrs

Petitioner; homeowner in the Desert Ranch subdivision.

Desert Ranch HOA

Respondent; homeowners’ association.

Jenna Clark

Administrative Law Judge, Office of Administrative Hearings.

Brian Schoeffler

Chairman of the Association’s Environmental Design Committee (EDC); appeared on behalf of the Association.

Catherine Overby

President of the Association’s Board of Directors.

Lori Loch-Lee

Vice President of Client Services at Associated Asset Management (AAM), the Association’s accounting/management company.

Jonathan Dessaules, Esq.

Attorney who appeared on behalf of the Petitioner at the rehearing.

The Records Request and Subsequent Dispute

The Initial Request

On November 1, 2018, at 9:40 p.m., Petitioner submitted an electronic records request to Catherine Overby, Brian Schoeffler, and Lori Loch-Lee. The text of the request was as follows:

“Pursuant to ARS 33-1805, I am requesting a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018. Soft copies via return email are preferable; otherwise, please let me know when hard copies are available for pickup.”

The Association’s Response and Petitioner’s Follow-Up

• November 2, 2018: Lori Loch-Lee from AAM notified the Petitioner she would forward his request to all Board members, noting that AAM was only the Association’s accounting firm.

• November 18, 2018: The Petitioner received a summary table listing some EDC actions, not the complete set of communications and documents requested. At this time, he was advised by Brian Schoeffler that he “needed to copy all Board members on records requests.”

• March 6, 2019: The Petitioner sent a follow-up email, accusing the Association of willful failure and clarifying the specific records he sought beyond the summary table, including “copies of the communications (letters, emails, and application forms) relating to Environmental Design Review (EDC) submissions, requests, complaints and approvals (or denials).”

• March 11, 2019: Mr. Schoeffler replied, arguing that the request had been complied with on November 18, 2018, and directed the Petitioner to “submit a new request” for the additional information.

• March 17, 2019: Mr. Schoeffler reiterated that the original request was only sent to two of four Board members and stated that providing additional documents could be “interpreted as an admission of guilt.”

As of the rehearing date (August 27, 2019), the Petitioner had still not received all the documentation requested on November 1, 2018.

Legal Proceedings and Rulings

Initial Hearing and Decision (April 10, 2019)

In the first hearing, the dispute centered on the validity of the request submission and the adequacy of the Association’s response.

Arguments:

• Petitioner (Barrs): Argued the Association acted in bad faith and willfully failed to fulfill the request, noting a similar dispute had been previously adjudicated. He was concerned with the completeness of the response, not its timeliness.

• Respondent (HOA): Argued it had complied with the request by providing a summary table, consistent with its handling of a previous dispute with the Petitioner. Mr. Schoeffler testified that the response was untimely (provided on the 11th business day) but asserted it was otherwise sufficient.

ALJ Conclusion: The Judge ruled in favor of the Association, denying the Petitioner’s petition. The key finding was that the Petitioner had failed to properly submit his request.

“Because the credible evidence of record reflects that Petitioner failed to properly submit his records request to the Board, Petitioner has failed established by a preponderance of the evidence that the Association was in violation of ARIZ. REV. STAT. § 33-1805 for providing him with a summary table on November 18, 2018.”

The decision also noted that the statute does not legally obligate an HOA to email copies of records.

Rehearing and Final Decision (September 12, 2019)

After the Petitioner’s appeal was granted, a rehearing introduced new evidence that fundamentally changed the outcome.

New Evidence and Concessions:

• July 19, 2017 Instruction: Evidence showed Association President Catherine Overby had previously appointed Brian Schoeffler as the Petitioner’s “primary records request contact.”

• July 18, 2018 Instruction: Evidence showed Ms. Overby had also instructed the Petitioner to direct requests to the management company, AAM.

• Association Concessions: The Respondent conceded that its governing documents do not require all Board members to be copied on records requests and that its own bylaws regarding submission forms are not adhered to or enforced.

ALJ’s Reversed Conclusion: The Judge reversed the prior decision and granted the Petitioner’s petition. The new evidence proved the Petitioner had followed express instructions from the Association.

“Petitioner’s November 01, 2018, records request was not required to be sent to all members of the Association’s Board, as Petitioner had expressly been instructed to only send his records requests to the Association’s EDC Chairman, Mr. Schoeffler, which he did.”

The Judge concluded that the partial response was a clear violation of the law.

“Petitioner is correct that the Association did not fully comply with his specific request, and has established by a preponderance of the evidence that the summary table provided by the Association was a violation of ARIZ. REV. STAT. § 33-1805.”

Final Order and Penalties

The Administrative Law Judge’s Final Order on September 12, 2019, which is binding on the parties, mandated the following:

1. Petition Granted: The Petitioner’s petition was granted.

2. Filing Fee Reimbursement: The Respondent (Desert Ranch HOA) was ordered to reimburse the Petitioner’s $500.00 filing fee.

3. Civil Penalty: The Respondent was ordered to pay a civil penalty of $500.00 to the Arizona Department of Real Estate.


Tom Barrs v. Desert Ranch Homeowners Association

Posted on by

Case Summary

Case ID 19F-H1918037-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-09-12
Administrative Law Judge Jenna Clark
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge concluded that the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide the full requested documentation relating to EDC actions and communications. The Petitioner's request for relief was granted, resulting in the reimbursement of the $500 filing fee and the imposition of a $500 civil penalty against the HOA.

Key Issues & Findings

Whether Desert Ranch Homeowners Association (Respondent) violated A.R.S. § 33-1805 by failing to fulfill a records request.

The Association violated A.R.S. § 33-1805 by failing to fully comply with Petitioner's specific request for EDC records (submissions, requests, and approvals) by providing only a summary table instead of the totality of requested communications within the statutory deadline.

Orders: Petitioner's petition granted. Respondent ordered to reimburse Petitioner's $500.00 filing fee (ARIZ. REV. STAT. § 32-2199.01) and tender a $500.00 civil penalty to the Department (ARIZ. REV. STAT. § 32-2199.02(A)).

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Records Request, HOA Violation, Civil Penalty, Filing Fee Reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. ADMIN. CODE R2-19-107
  • ARIZ. REV. STAT. § 33-1804

Audio Overview

Decision Documents

19F-H1918037-REL Decision – 700566.pdf

Uploaded 2025-10-08T07:08:27 (149.3 KB)





Briefing Doc – 19F-H1918037-REL


Briefing Document: Barrs v. Desert Ranch Homeowners Association

Executive Summary

This document synthesizes the findings from two Administrative Law Judge (ALJ) Decisions concerning a records request dispute between homeowner Tom Barrs (Petitioner) and the Desert Ranch Homeowners Association (Respondent). The central issue was whether the Association violated Arizona Revised Statute (A.R.S.) § 33-1805 by failing to adequately fulfill a records request submitted by the Petitioner on November 1, 2018.

The initial hearing on March 21, 2019, resulted in an April 10, 2019, decision in favor of the Association. The ALJ concluded that the Petitioner had failed to properly submit his request to all members of the Association’s Board, and thus the Association’s partial response (a summary table) did not constitute a statutory violation.

Following a successful appeal by the Petitioner, a rehearing was held on August 27, 2019. New evidence demonstrated that the Petitioner had followed prior express instructions from the Association regarding who to contact for records requests. Consequently, the ALJ issued a new decision on September 12, 2019, reversing the original order. The final ruling found the Association in violation of A.R.S. § 33-1805. The Association was ordered to reimburse the Petitioner’s $500 filing fee and was assessed a civil penalty of $500.

Case Overview

Case Numbers

No. 19F-H1918037-REL (Initial Decision)
No. 19F-H1918037-REL-RHG (Rehearing Decision)

Petitioner

Tom Barrs, a property owner and member of the Association.

Respondent

Desert Ranch Homeowners Association, Scottsdale, Arizona.

Central Issue

Whether the Association violated A.R.S. § 33-1805 by failing to fulfill a records request for Environmental Design Committee (EDC) actions, requests, and approvals.

Initial Petition

Filed by Tom Barrs on December 17, 2018.

Initial Hearing

March 21, 2019, before ALJ Jenna Clark.

Rehearing

August 27, 2019, before ALJ Jenna Clark.

Final Outcome

Petition granted in favor of Tom Barrs. The Association was found in violation of state law, ordered to reimburse the filing fee, and fined.

Key Individuals and Entities

Role / Affiliation

Tom Barrs

Petitioner; homeowner in the Desert Ranch subdivision.

Desert Ranch HOA

Respondent; homeowners’ association.

Jenna Clark

Administrative Law Judge, Office of Administrative Hearings.

Brian Schoeffler

Chairman of the Association’s Environmental Design Committee (EDC); appeared on behalf of the Association.

Catherine Overby

President of the Association’s Board of Directors.

Lori Loch-Lee

Vice President of Client Services at Associated Asset Management (AAM), the Association’s accounting/management company.

Jonathan Dessaules, Esq.

Attorney who appeared on behalf of the Petitioner at the rehearing.

The Records Request and Subsequent Dispute

The Initial Request

On November 1, 2018, at 9:40 p.m., Petitioner submitted an electronic records request to Catherine Overby, Brian Schoeffler, and Lori Loch-Lee. The text of the request was as follows:

“Pursuant to ARS 33-1805, I am requesting a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018. Soft copies via return email are preferable; otherwise, please let me know when hard copies are available for pickup.”

The Association’s Response and Petitioner’s Follow-Up

• November 2, 2018: Lori Loch-Lee from AAM notified the Petitioner she would forward his request to all Board members, noting that AAM was only the Association’s accounting firm.

• November 18, 2018: The Petitioner received a summary table listing some EDC actions, not the complete set of communications and documents requested. At this time, he was advised by Brian Schoeffler that he “needed to copy all Board members on records requests.”

• March 6, 2019: The Petitioner sent a follow-up email, accusing the Association of willful failure and clarifying the specific records he sought beyond the summary table, including “copies of the communications (letters, emails, and application forms) relating to Environmental Design Review (EDC) submissions, requests, complaints and approvals (or denials).”

• March 11, 2019: Mr. Schoeffler replied, arguing that the request had been complied with on November 18, 2018, and directed the Petitioner to “submit a new request” for the additional information.

• March 17, 2019: Mr. Schoeffler reiterated that the original request was only sent to two of four Board members and stated that providing additional documents could be “interpreted as an admission of guilt.”

As of the rehearing date (August 27, 2019), the Petitioner had still not received all the documentation requested on November 1, 2018.

Legal Proceedings and Rulings

Initial Hearing and Decision (April 10, 2019)

In the first hearing, the dispute centered on the validity of the request submission and the adequacy of the Association’s response.

Arguments:

• Petitioner (Barrs): Argued the Association acted in bad faith and willfully failed to fulfill the request, noting a similar dispute had been previously adjudicated. He was concerned with the completeness of the response, not its timeliness.

• Respondent (HOA): Argued it had complied with the request by providing a summary table, consistent with its handling of a previous dispute with the Petitioner. Mr. Schoeffler testified that the response was untimely (provided on the 11th business day) but asserted it was otherwise sufficient.

ALJ Conclusion: The Judge ruled in favor of the Association, denying the Petitioner’s petition. The key finding was that the Petitioner had failed to properly submit his request.

“Because the credible evidence of record reflects that Petitioner failed to properly submit his records request to the Board, Petitioner has failed established by a preponderance of the evidence that the Association was in violation of ARIZ. REV. STAT. § 33-1805 for providing him with a summary table on November 18, 2018.”

The decision also noted that the statute does not legally obligate an HOA to email copies of records.

Rehearing and Final Decision (September 12, 2019)

After the Petitioner’s appeal was granted, a rehearing introduced new evidence that fundamentally changed the outcome.

New Evidence and Concessions:

• July 19, 2017 Instruction: Evidence showed Association President Catherine Overby had previously appointed Brian Schoeffler as the Petitioner’s “primary records request contact.”

• July 18, 2018 Instruction: Evidence showed Ms. Overby had also instructed the Petitioner to direct requests to the management company, AAM.

• Association Concessions: The Respondent conceded that its governing documents do not require all Board members to be copied on records requests and that its own bylaws regarding submission forms are not adhered to or enforced.

ALJ’s Reversed Conclusion: The Judge reversed the prior decision and granted the Petitioner’s petition. The new evidence proved the Petitioner had followed express instructions from the Association.

“Petitioner’s November 01, 2018, records request was not required to be sent to all members of the Association’s Board, as Petitioner had expressly been instructed to only send his records requests to the Association’s EDC Chairman, Mr. Schoeffler, which he did.”

The Judge concluded that the partial response was a clear violation of the law.

“Petitioner is correct that the Association did not fully comply with his specific request, and has established by a preponderance of the evidence that the summary table provided by the Association was a violation of ARIZ. REV. STAT. § 33-1805.”

Final Order and Penalties

The Administrative Law Judge’s Final Order on September 12, 2019, which is binding on the parties, mandated the following:

1. Petition Granted: The Petitioner’s petition was granted.

2. Filing Fee Reimbursement: The Respondent (Desert Ranch HOA) was ordered to reimburse the Petitioner’s $500.00 filing fee.

3. Civil Penalty: The Respondent was ordered to pay a civil penalty of $500.00 to the Arizona Department of Real Estate.


Tom Barrs v. Desert Ranch Homeowners Association

Posted on by

Case Summary

Case ID 19F-H1918037-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2019-09-12
Administrative Law Judge Jenna Clark
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge concluded that the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide the full requested documentation relating to EDC actions and communications. The Petitioner's request for relief was granted, resulting in the reimbursement of the $500 filing fee and the imposition of a $500 civil penalty against the HOA.

Key Issues & Findings

Whether Desert Ranch Homeowners Association (Respondent) violated A.R.S. § 33-1805 by failing to fulfill a records request.

The Association violated A.R.S. § 33-1805 by failing to fully comply with Petitioner's specific request for EDC records (submissions, requests, and approvals) by providing only a summary table instead of the totality of requested communications within the statutory deadline.

Orders: Petitioner's petition granted. Respondent ordered to reimburse Petitioner's $500.00 filing fee (ARIZ. REV. STAT. § 32-2199.01) and tender a $500.00 civil penalty to the Department (ARIZ. REV. STAT. § 32-2199.02(A)).

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Records Request, HOA Violation, Civil Penalty, Filing Fee Reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. ADMIN. CODE R2-19-107
  • ARIZ. REV. STAT. § 33-1804

Audio Overview

Decision Documents

19F-H1918037-REL Decision – 700566.pdf

Uploaded 2025-10-09T03:33:55 (149.3 KB)





Briefing Doc – 19F-H1918037-REL


Briefing Document: Barrs v. Desert Ranch Homeowners Association

Executive Summary

This document synthesizes the findings from two Administrative Law Judge (ALJ) Decisions concerning a records request dispute between homeowner Tom Barrs (Petitioner) and the Desert Ranch Homeowners Association (Respondent). The central issue was whether the Association violated Arizona Revised Statute (A.R.S.) § 33-1805 by failing to adequately fulfill a records request submitted by the Petitioner on November 1, 2018.

The initial hearing on March 21, 2019, resulted in an April 10, 2019, decision in favor of the Association. The ALJ concluded that the Petitioner had failed to properly submit his request to all members of the Association’s Board, and thus the Association’s partial response (a summary table) did not constitute a statutory violation.

Following a successful appeal by the Petitioner, a rehearing was held on August 27, 2019. New evidence demonstrated that the Petitioner had followed prior express instructions from the Association regarding who to contact for records requests. Consequently, the ALJ issued a new decision on September 12, 2019, reversing the original order. The final ruling found the Association in violation of A.R.S. § 33-1805. The Association was ordered to reimburse the Petitioner’s $500 filing fee and was assessed a civil penalty of $500.

Case Overview

Case Numbers

No. 19F-H1918037-REL (Initial Decision)
No. 19F-H1918037-REL-RHG (Rehearing Decision)

Petitioner

Tom Barrs, a property owner and member of the Association.

Respondent

Desert Ranch Homeowners Association, Scottsdale, Arizona.

Central Issue

Whether the Association violated A.R.S. § 33-1805 by failing to fulfill a records request for Environmental Design Committee (EDC) actions, requests, and approvals.

Initial Petition

Filed by Tom Barrs on December 17, 2018.

Initial Hearing

March 21, 2019, before ALJ Jenna Clark.

Rehearing

August 27, 2019, before ALJ Jenna Clark.

Final Outcome

Petition granted in favor of Tom Barrs. The Association was found in violation of state law, ordered to reimburse the filing fee, and fined.

Key Individuals and Entities

Role / Affiliation

Tom Barrs

Petitioner; homeowner in the Desert Ranch subdivision.

Desert Ranch HOA

Respondent; homeowners’ association.

Jenna Clark

Administrative Law Judge, Office of Administrative Hearings.

Brian Schoeffler

Chairman of the Association’s Environmental Design Committee (EDC); appeared on behalf of the Association.

Catherine Overby

President of the Association’s Board of Directors.

Lori Loch-Lee

Vice President of Client Services at Associated Asset Management (AAM), the Association’s accounting/management company.

Jonathan Dessaules, Esq.

Attorney who appeared on behalf of the Petitioner at the rehearing.

The Records Request and Subsequent Dispute

The Initial Request

On November 1, 2018, at 9:40 p.m., Petitioner submitted an electronic records request to Catherine Overby, Brian Schoeffler, and Lori Loch-Lee. The text of the request was as follows:

“Pursuant to ARS 33-1805, I am requesting a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018. Soft copies via return email are preferable; otherwise, please let me know when hard copies are available for pickup.”

The Association’s Response and Petitioner’s Follow-Up

• November 2, 2018: Lori Loch-Lee from AAM notified the Petitioner she would forward his request to all Board members, noting that AAM was only the Association’s accounting firm.

• November 18, 2018: The Petitioner received a summary table listing some EDC actions, not the complete set of communications and documents requested. At this time, he was advised by Brian Schoeffler that he “needed to copy all Board members on records requests.”

• March 6, 2019: The Petitioner sent a follow-up email, accusing the Association of willful failure and clarifying the specific records he sought beyond the summary table, including “copies of the communications (letters, emails, and application forms) relating to Environmental Design Review (EDC) submissions, requests, complaints and approvals (or denials).”

• March 11, 2019: Mr. Schoeffler replied, arguing that the request had been complied with on November 18, 2018, and directed the Petitioner to “submit a new request” for the additional information.

• March 17, 2019: Mr. Schoeffler reiterated that the original request was only sent to two of four Board members and stated that providing additional documents could be “interpreted as an admission of guilt.”

As of the rehearing date (August 27, 2019), the Petitioner had still not received all the documentation requested on November 1, 2018.

Legal Proceedings and Rulings

Initial Hearing and Decision (April 10, 2019)

In the first hearing, the dispute centered on the validity of the request submission and the adequacy of the Association’s response.

Arguments:

• Petitioner (Barrs): Argued the Association acted in bad faith and willfully failed to fulfill the request, noting a similar dispute had been previously adjudicated. He was concerned with the completeness of the response, not its timeliness.

• Respondent (HOA): Argued it had complied with the request by providing a summary table, consistent with its handling of a previous dispute with the Petitioner. Mr. Schoeffler testified that the response was untimely (provided on the 11th business day) but asserted it was otherwise sufficient.

ALJ Conclusion: The Judge ruled in favor of the Association, denying the Petitioner’s petition. The key finding was that the Petitioner had failed to properly submit his request.

“Because the credible evidence of record reflects that Petitioner failed to properly submit his records request to the Board, Petitioner has failed established by a preponderance of the evidence that the Association was in violation of ARIZ. REV. STAT. § 33-1805 for providing him with a summary table on November 18, 2018.”

The decision also noted that the statute does not legally obligate an HOA to email copies of records.

Rehearing and Final Decision (September 12, 2019)

After the Petitioner’s appeal was granted, a rehearing introduced new evidence that fundamentally changed the outcome.

New Evidence and Concessions:

• July 19, 2017 Instruction: Evidence showed Association President Catherine Overby had previously appointed Brian Schoeffler as the Petitioner’s “primary records request contact.”

• July 18, 2018 Instruction: Evidence showed Ms. Overby had also instructed the Petitioner to direct requests to the management company, AAM.

• Association Concessions: The Respondent conceded that its governing documents do not require all Board members to be copied on records requests and that its own bylaws regarding submission forms are not adhered to or enforced.

ALJ’s Reversed Conclusion: The Judge reversed the prior decision and granted the Petitioner’s petition. The new evidence proved the Petitioner had followed express instructions from the Association.

“Petitioner’s November 01, 2018, records request was not required to be sent to all members of the Association’s Board, as Petitioner had expressly been instructed to only send his records requests to the Association’s EDC Chairman, Mr. Schoeffler, which he did.”

The Judge concluded that the partial response was a clear violation of the law.

“Petitioner is correct that the Association did not fully comply with his specific request, and has established by a preponderance of the evidence that the summary table provided by the Association was a violation of ARIZ. REV. STAT. § 33-1805.”

Final Order and Penalties

The Administrative Law Judge’s Final Order on September 12, 2019, which is binding on the parties, mandated the following:

1. Petition Granted: The Petitioner’s petition was granted.

2. Filing Fee Reimbursement: The Respondent (Desert Ranch HOA) was ordered to reimburse the Petitioner’s $500.00 filing fee.

3. Civil Penalty: The Respondent was ordered to pay a civil penalty of $500.00 to the Arizona Department of Real Estate.


William Brown vs. Terravita Country Club, Inc.

Posted on by

Case Summary

Case ID 18F-H1717041-REL
Agency ADRE
Tribunal OAH
Decision Date 2017-10-11
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner William Brown Counsel —
Respondent Terravita Country Club, Inc. Counsel Dax R. Watson

Alleged Violations

A.R.S. § 33-1803(B)

Outcome Summary

The Administrative Law Judge denied the Petitioner's request, finding that the Respondent HOA did not violate A.R.S. § 33-1803(B) because the Petitioner received constructive notice of the infraction committee meeting before the penalties and suspension were imposed.

Why this result: Petitioner failed to prove that the notice required by A.R.S. § 33-1803(B) must be 'actual notice,' and the evidence supported a finding that Petitioner received constructive notice.

Key Issues & Findings

Prior to imposing reasonable monetary penalties on Petitioner for violations of the declaration, bylaws and rules of the association, Respondent failed to provide Petitioner proper notice in violation of A.R.S. § 33-1803(B).

Petitioner alleged Respondent violated A.R.S. § 33-1803(B) by failing to provide proper notice before imposing penalties ($2,500 fine and $5,000 recoupment of expenses) and indefinitely suspending his membership privileges. The ALJ found that Petitioner received constructive notice of the hearing and that Respondent did not violate the statute.

Orders: Petitioner's petition in this matter is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1803(B)
  • A.A.C. R2-19-119
  • A.R.S. § 32-2199 et seq.

Analytics Highlights

Topics: notice, constructive notice, monetary penalties, suspension, certified mail, HOA violation
Additional Citations:

  • A.R.S. § 33-1803(B)
  • A.A.C. R2-19-119
  • A.R.S. § 32-2199 et seq.

Audio Overview

Decision Documents

18F-H1717041-REL Decision – 593953.pdf

Uploaded 2025-10-08T07:02:50 (83.6 KB)





Briefing Doc – 18F-H1717041-REL


Administrative Law Judge Decision Analysis: Brown v. Terravita Country Club, Inc.

Executive Summary

This briefing document synthesizes the findings and conclusions of the Administrative Law Judge (ALJ) in case number 18F-H1717041-REL, concerning a dispute between homeowner William Brown (Petitioner) and the Terravita Country Club, Inc. (Respondent). The ALJ ultimately ruled in favor of the Respondent, denying the Petitioner’s claim that the homeowners association violated Arizona state law regarding notification procedures before imposing penalties.

The central issue revolved around the interpretation of “notice” as required by Arizona Revised Statutes (A.R.S.) § 33-1803(B). The Petitioner argued that the statute requires “actual notice”—proof of personal receipt of a notification—which he claimed he never received for a critical disciplinary hearing. The ALJ rejected this argument, establishing that “constructive notice” is legally sufficient. Constructive notice was deemed to have been achieved through the Respondent’s documented efforts to deliver notice via both certified and first-class mail.

A key factor in the decision was the ALJ’s finding that the Petitioner’s testimony was “not credible” regarding his claim that the United States Postal Service (USPS) failed to notify him of a certified letter. The decision upholds the sanctions imposed by the association, which include an indefinite suspension of membership privileges, a $2,500 fine, and the recoupment of $5,000 in related expenses.

Case Background and Timeline

The dispute originated from an incident on November 29, 2016, where Petitioner William Brown was alleged to have left a box of matches at the Respondent’s clubhouse containing papers listing several club properties. This act was interpreted as a threat, leading the Terravita Country Club to initiate disciplinary proceedings. Mr. Brown subsequently filed a petition with the Arizona Department of Real Estate on June 28, 2017, alleging the club failed to provide proper notice before taking action.

Nov 29, 2016

William Brown allegedly leaves a box of matches and notes at the clubhouse.

Dec 2, 2016

The club’s General Manager sends a letter to Brown notifying him of an immediate suspension pending a review.

Dec 8, 2016

Brown signs for and receives the certified mail delivery of the December 2 suspension letter.

Dec 14, 2016

The club sends a letter via first-class and certified mail notifying Brown of a January 9, 2017, Infractions Committee hearing.

Dec 24, 2016

USPS tracking shows the December 14 certified letter is “out for delivery” at Brown’s temporary address in Coldspring, Texas.

Jan 9, 2017

The Infractions Committee meets; Brown does not attend. The Committee sends a letter recommending indefinite suspension and fines.

Jan 12, 2017

The unclaimed December 14 certified letter is returned by the USPS to the club.

Jan 31, 2017

The club’s Board of Directors meets; Brown does not attend. The Board ratifies the sanctions.

Jan 31, 2017

The Board sends a letter to Brown detailing its decision: indefinite suspension, a $2,500 fine, and $5,000 in expense recoupment.

Jun 28, 2017

Brown files a petition with the Arizona Department of Real Estate, alleging a violation of A.R.S. § 33-1803.

Sep 22, 2017

The Office of Administrative Hearings holds a hearing on the matter.

Oct 11, 2017

Administrative Law Judge Tammy L. Eigenheer issues the decision, denying Brown’s petition.

Central Legal Issue: The Definition of “Notice”

The core of the legal dispute was the interpretation of the notice requirement within A.R.S. § 33-1803(B), which states, in part:

“After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association.”

The Petitioner argued that this statute requires “actual notice,” defined by Black’s Law Dictionary as “[n]otice given directly to, or received personally by, a party.” Because there was no evidence he personally received the December 14, 2016, letter notifying him of the initial hearing, he contended that all subsequent actions by the club were invalid.

The ALJ rejected this interpretation for two primary reasons:

1. Statutory Silence: The governing statute, A.R.S. Title 33, Chapter 16, does not define the term “notice” or specify that it must be “actual notice.”

2. Legal Precedent and Practicality: The ALJ reasoned that requiring actual notice would create an unworkable loophole. A homeowner could “avoid receiving ‘actual notice’ by simply refusing to sign for a certified mailing,” thereby thwarting any disciplinary process.

Instead, the ALJ determined that “constructive notice” was sufficient. Constructive notice is defined as “notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of.” The Respondent’s actions of sending notice via multiple methods met this standard.

Key Findings and Rulings

The ALJ made several critical findings of fact and conclusions of law that led to the denial of the petition.

• Burden of Proof: The Petitioner, William Brown, bore the burden of proving by a “preponderance of the evidence” that the Respondent violated the statute. The ALJ concluded he failed to meet this burden.

• Finding on Credibility: The ALJ explicitly stated that the Petitioner’s assertion was not credible. The decision notes: “Petitioner’s assertion that the USPS failed to notify him of the certified letter at any time between December 24, 2016, and January 12, 2017, was not credible.”

• Ruling on Constructive Notice: The ALJ concluded that the Petitioner received constructive notice of the January 9, 2017, Infractions Committee meeting through two distinct actions taken by the Respondent:

1. The certified mailing of the December 14, 2016, letter, for which USPS tracking showed an attempted delivery and which the Petitioner was deemed to have refused.

2. The simultaneous first-class mailing of the same letter, which was “presumably delivered to his temporary address in Coldspring, Texas.”

• Notice for Subsequent Meetings: The ALJ further presumed that the first-class mailing of the January 9, 2017, letter—notifying the Petitioner of the Board of Directors meeting—was also delivered, thus satisfying notice requirements for the final decision-making body.

Final Decision and Sanctions

Based on the foregoing analysis, the Administrative Law Judge ordered that the Petitioner’s petition be denied. The ruling affirmed that Terravita Country Club, Inc. did not violate the provisions of A.R.S. § 33-1803(B).

This decision effectively upholds the sanctions imposed by the club’s Board of Directors on January 31, 2017, which include:

• Indefinite suspension of membership privileges.

• A fine of $2,500.00.

• Recoupment of expenses incurred related to the infraction, totaling $5,000.00.

The order is binding on both parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04.


William Brown vs. Terravita Country Club, Inc.

Posted on by

Case Summary

Case ID 18F-H1717041-REL
Agency ADRE
Tribunal OAH
Decision Date 2017-10-11
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner William Brown Counsel —
Respondent Terravita Country Club, Inc. Counsel Dax R. Watson

Alleged Violations

A.R.S. § 33-1803(B)

Outcome Summary

The Administrative Law Judge denied the Petitioner's request, finding that the Respondent HOA did not violate A.R.S. § 33-1803(B) because the Petitioner received constructive notice of the infraction committee meeting before the penalties and suspension were imposed.

Why this result: Petitioner failed to prove that the notice required by A.R.S. § 33-1803(B) must be 'actual notice,' and the evidence supported a finding that Petitioner received constructive notice.

Key Issues & Findings

Prior to imposing reasonable monetary penalties on Petitioner for violations of the declaration, bylaws and rules of the association, Respondent failed to provide Petitioner proper notice in violation of A.R.S. § 33-1803(B).

Petitioner alleged Respondent violated A.R.S. § 33-1803(B) by failing to provide proper notice before imposing penalties ($2,500 fine and $5,000 recoupment of expenses) and indefinitely suspending his membership privileges. The ALJ found that Petitioner received constructive notice of the hearing and that Respondent did not violate the statute.

Orders: Petitioner's petition in this matter is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1803(B)
  • A.A.C. R2-19-119
  • A.R.S. § 32-2199 et seq.

Analytics Highlights

Topics: notice, constructive notice, monetary penalties, suspension, certified mail, HOA violation
Additional Citations:

  • A.R.S. § 33-1803(B)
  • A.A.C. R2-19-119
  • A.R.S. § 32-2199 et seq.

Audio Overview

Decision Documents

18F-H1717041-REL Decision – 593953.pdf

Uploaded 2025-10-09T03:31:56 (83.6 KB)





Briefing Doc – 18F-H1717041-REL


Administrative Law Judge Decision Analysis: Brown v. Terravita Country Club, Inc.

Executive Summary

This briefing document synthesizes the findings and conclusions of the Administrative Law Judge (ALJ) in case number 18F-H1717041-REL, concerning a dispute between homeowner William Brown (Petitioner) and the Terravita Country Club, Inc. (Respondent). The ALJ ultimately ruled in favor of the Respondent, denying the Petitioner’s claim that the homeowners association violated Arizona state law regarding notification procedures before imposing penalties.

The central issue revolved around the interpretation of “notice” as required by Arizona Revised Statutes (A.R.S.) § 33-1803(B). The Petitioner argued that the statute requires “actual notice”—proof of personal receipt of a notification—which he claimed he never received for a critical disciplinary hearing. The ALJ rejected this argument, establishing that “constructive notice” is legally sufficient. Constructive notice was deemed to have been achieved through the Respondent’s documented efforts to deliver notice via both certified and first-class mail.

A key factor in the decision was the ALJ’s finding that the Petitioner’s testimony was “not credible” regarding his claim that the United States Postal Service (USPS) failed to notify him of a certified letter. The decision upholds the sanctions imposed by the association, which include an indefinite suspension of membership privileges, a $2,500 fine, and the recoupment of $5,000 in related expenses.

Case Background and Timeline

The dispute originated from an incident on November 29, 2016, where Petitioner William Brown was alleged to have left a box of matches at the Respondent’s clubhouse containing papers listing several club properties. This act was interpreted as a threat, leading the Terravita Country Club to initiate disciplinary proceedings. Mr. Brown subsequently filed a petition with the Arizona Department of Real Estate on June 28, 2017, alleging the club failed to provide proper notice before taking action.

Nov 29, 2016

William Brown allegedly leaves a box of matches and notes at the clubhouse.

Dec 2, 2016

The club’s General Manager sends a letter to Brown notifying him of an immediate suspension pending a review.

Dec 8, 2016

Brown signs for and receives the certified mail delivery of the December 2 suspension letter.

Dec 14, 2016

The club sends a letter via first-class and certified mail notifying Brown of a January 9, 2017, Infractions Committee hearing.

Dec 24, 2016

USPS tracking shows the December 14 certified letter is “out for delivery” at Brown’s temporary address in Coldspring, Texas.

Jan 9, 2017

The Infractions Committee meets; Brown does not attend. The Committee sends a letter recommending indefinite suspension and fines.

Jan 12, 2017

The unclaimed December 14 certified letter is returned by the USPS to the club.

Jan 31, 2017

The club’s Board of Directors meets; Brown does not attend. The Board ratifies the sanctions.

Jan 31, 2017

The Board sends a letter to Brown detailing its decision: indefinite suspension, a $2,500 fine, and $5,000 in expense recoupment.

Jun 28, 2017

Brown files a petition with the Arizona Department of Real Estate, alleging a violation of A.R.S. § 33-1803.

Sep 22, 2017

The Office of Administrative Hearings holds a hearing on the matter.

Oct 11, 2017

Administrative Law Judge Tammy L. Eigenheer issues the decision, denying Brown’s petition.

Central Legal Issue: The Definition of “Notice”

The core of the legal dispute was the interpretation of the notice requirement within A.R.S. § 33-1803(B), which states, in part:

“After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association.”

The Petitioner argued that this statute requires “actual notice,” defined by Black’s Law Dictionary as “[n]otice given directly to, or received personally by, a party.” Because there was no evidence he personally received the December 14, 2016, letter notifying him of the initial hearing, he contended that all subsequent actions by the club were invalid.

The ALJ rejected this interpretation for two primary reasons:

1. Statutory Silence: The governing statute, A.R.S. Title 33, Chapter 16, does not define the term “notice” or specify that it must be “actual notice.”

2. Legal Precedent and Practicality: The ALJ reasoned that requiring actual notice would create an unworkable loophole. A homeowner could “avoid receiving ‘actual notice’ by simply refusing to sign for a certified mailing,” thereby thwarting any disciplinary process.

Instead, the ALJ determined that “constructive notice” was sufficient. Constructive notice is defined as “notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of.” The Respondent’s actions of sending notice via multiple methods met this standard.

Key Findings and Rulings

The ALJ made several critical findings of fact and conclusions of law that led to the denial of the petition.

• Burden of Proof: The Petitioner, William Brown, bore the burden of proving by a “preponderance of the evidence” that the Respondent violated the statute. The ALJ concluded he failed to meet this burden.

• Finding on Credibility: The ALJ explicitly stated that the Petitioner’s assertion was not credible. The decision notes: “Petitioner’s assertion that the USPS failed to notify him of the certified letter at any time between December 24, 2016, and January 12, 2017, was not credible.”

• Ruling on Constructive Notice: The ALJ concluded that the Petitioner received constructive notice of the January 9, 2017, Infractions Committee meeting through two distinct actions taken by the Respondent:

1. The certified mailing of the December 14, 2016, letter, for which USPS tracking showed an attempted delivery and which the Petitioner was deemed to have refused.

2. The simultaneous first-class mailing of the same letter, which was “presumably delivered to his temporary address in Coldspring, Texas.”

• Notice for Subsequent Meetings: The ALJ further presumed that the first-class mailing of the January 9, 2017, letter—notifying the Petitioner of the Board of Directors meeting—was also delivered, thus satisfying notice requirements for the final decision-making body.

Final Decision and Sanctions

Based on the foregoing analysis, the Administrative Law Judge ordered that the Petitioner’s petition be denied. The ruling affirmed that Terravita Country Club, Inc. did not violate the provisions of A.R.S. § 33-1803(B).

This decision effectively upholds the sanctions imposed by the club’s Board of Directors on January 31, 2017, which include:

• Indefinite suspension of membership privileges.

• A fine of $2,500.00.

• Recoupment of expenses incurred related to the infraction, totaling $5,000.00.

The order is binding on both parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04.