Tag Archives: statutory interpretation

Anne F. Segal vs Prince Court Homeowners Association, INC.

Posted on by

Case Summary

Case ID 25F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-22
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anne F. Segal Counsel —
Respondent Prince Court Homeowners Association, Inc. Counsel Wendy Ehrlich, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1812, 33-1803(B-E), 33-1804, 33-1817, and CC&Rs Article VII

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was legally permitted to amend its CC&Rs via written, notarized consent of the members under ARIZ. REV. STAT. § 33-1817(A)(1), and that the actions taken did not violate the cited statutes or the governing documents.

Why this result: Petitioner failed to meet the burden of proof; statutory requirements regarding voting (33-1812) and violation notices (33-1803) were inapplicable, and the process of using written consent and closed sessions for legal advice adhered to ARIZ. REV. STAT. §§ 33-1817 and 33-1804.

Key Issues & Findings

Alleged unlawful procedures in replacing CC&Rs

Petitioner alleged the Association violated multiple Arizona Revised Statutes and CC&Rs Article VII by using unlawful procedures to replace the existing CC&Rs. Specific complaints included the Board directing members to sign a notarized agreement without permitting open discussion or dissent on specific proposed changes, arguing that a full vote was required. Respondent argued compliance with ARS § 33-1817 and CC&Rs Article VII, which permits amendment via written consent.

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1803(B-E)
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 33-1817
  • CC&Rs Article VII
  • ARIZ. REV. STAT. § 10-3704

Analytics Highlights

Topics: HOA, CC&R Amendment, Written Consent, Executive Session, Statutory Interpretation, Planned Community, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1803(B-E)
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 33-1817
  • CC&Rs Article VII
  • ARIZ. REV. STAT. § 10-3704
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802

Decision Documents

25F-H032-REL Decision – 1269718.pdf

Uploaded 2025-10-09T03:45:10 (53.7 KB)

25F-H032-REL Decision – 1269742.pdf

Uploaded 2025-10-09T03:45:10 (7.8 KB)

25F-H032-REL Decision – 1274756.pdf

Uploaded 2025-10-09T03:45:10 (54.6 KB)

25F-H032-REL Decision – 1274775.pdf

Uploaded 2025-10-09T03:45:10 (7.9 KB)

25F-H032-REL Decision – 1277633.pdf

Uploaded 2025-10-09T03:45:11 (48.1 KB)

25F-H032-REL Decision – 1288621.pdf

Uploaded 2025-10-09T03:45:11 (51.6 KB)

25F-H032-REL Decision – 1308520.pdf

Uploaded 2025-10-09T03:45:11 (206.1 KB)

AZNH Revocable Trust V. Sunland Springs Village Homeowners Association

Posted on by

Case Summary

Case ID 24F-H047-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-11-05
Administrative Law Judge Kay A. Abramsohn
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner AZNH Revocable Trust Counsel John F. Sullivan
Respondent Sunland Springs Village Homeowners Association Counsel Chad M. Gallacher

Alleged Violations

ARIZ. REV. STAT. § 33-1812(A)(7)

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was in compliance with ARIZ. REV. STAT. § 33-1812(7) by providing the electronic data lists received from the voting vendor (Vote HOA Now), as the statute requires storage of 'electronic votes' not necessarily 'electronic ballots' (images).

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Key Issues & Findings

Failure to provide voting records (electronic ballots) for inspection

Petitioner alleged the Association failed to provide all voting materials, specifically images of each actual online ballot, in response to the February 28, 2024, inspection request, arguing this violated ARIZ. REV. STAT. § 33-1812(A)(7).

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.

Analytics Highlights

Topics: Voting Records, Electronic Voting, HOA Records Inspection, Statutory Interpretation, ARS 33-1812
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.04

Decision Documents

24F-H047-REL-RMD Decision – 1240168.pdf

Uploaded 2025-10-09T03:44:12 (184.8 KB)

24F-H047-REL-RMD Decision – 1330098.pdf

Uploaded 2025-10-09T03:44:12 (48.9 KB)

24F-H047-REL-RMD Decision – 1330115.pdf

Uploaded 2025-10-09T03:44:12 (6.2 KB)

Clifford S Burnes V. Saguaro Crest Homeowners’ Association

Posted on by

Case Summary

Case ID 23F-H030-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-04-17
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford (Norm) S. Burnes Counsel —
Respondent Saguaro Crest Homeowners' Association Counsel John T. Crotty

Alleged Violations

ARIZ. REV. STAT. § 33-1812(A)(6)

Outcome Summary

The Administrative Law Judge granted the petition, finding that the Saguaro Crest Homeowners' Association violated ARIZ. REV. STAT. § 33-1812(A)(6). The violation occurred because the Association's governing documents did not permit secret ballots, necessitating that the completed ballot contain the name, address, and signature of the voter, a requirement the distributed ballots failed to meet. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee and comply with the statute henceforth.

Key Issues & Findings

Violation of voting statute requiring name, address, and signature on completed ballot.

Petitioner alleged that the HOA's vote by written ballot was non-compliant because the individual ballots lacked the required name, address, and signature of the voter. The ALJ concluded that since the community documents did not permit secret ballots, the plain language of A.R.S. § 33-1812(A)(6) required the ballot itself (distinct from the envelope) to contain the name, address, and signature, and the HOA failed to meet this requirement.

Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 and henceforth comply with ARIZ. REV. STAT. § 33-1812(A)(6).

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1812(A)(6)
  • ARIZ. REV. STAT. § 33-1812

Analytics Highlights

Topics: HOA governance, Voting procedures, Secret ballot, Statutory interpretation, Dissolution vote
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812(A)(6)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1812

Audio Overview

Decision Documents

23F-H030-REL Decision – 1037366.pdf

Uploaded 2025-10-09T03:40:53 (47.2 KB)

23F-H030-REL Decision – 1049922.pdf

Uploaded 2025-10-09T03:40:53 (128.9 KB)

Michael H. Jahr v. Leisure World Community Association

Posted on by

Case Summary

Case ID 23F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-03-14
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael H. Jahr Counsel —
Respondent Leisure World Community Association Counsel —

Alleged Violations

ARIZ. REV. STAT. § 33-1816(a-b)

Outcome Summary

The Administrative Law Judge denied Petitioner Michael H. Jahr's petition, concluding that he failed to prove by a preponderance of the evidence that the Association violated ARS § 33-1816, because a clothesline is not a 'solar energy device' under ARS § 44-1761, and ARS § 33-439(a) was inapplicable.

Why this result: Petitioner failed to sustain his burden of proof that the Association violated ARS § 33-1816. The Tribunal determined that a clothesline does not meet the statutory definition of a solar energy device.

Key Issues & Findings

Alleged violation of ARS § 33-1816 regarding denial of utilizing solar means to reduce energy consumption.

Petitioner alleged the Association violated ARS § 33-1816 by refusing him the ability to utilize solar means (a clothesline) to reduce energy consumption, arguing the clothesline met the definition of a 'solar energy device' under ARS § 44-1761, which the HOA cannot prohibit.

Orders: Petitioner's petition was denied. Respondent was ordered not to owe Petitioner any reimbursement for fees incurred.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1816(a-b)
  • ARIZ. REV. STAT. § 44-1761
  • ARIZ. REV. STAT. § 33-439(a)
  • Association Rules & Regulations 2-304(D)

Analytics Highlights

Topics: HOA Dispute, Solar Energy Device, Clothesline, Planned Community, Statutory Interpretation, Burden of Proof
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 33-439(a)
  • ARIZ. REV. STAT. § 33-1808(a)
  • ARIZ. REV. STAT. § 33-1816(a-b)
  • ARIZ. REV. STAT. § 44-1761
  • ARIZ. ADMIN. CODE R2-19-111(4)
  • Association Rules & Regulations 2-304(D)

Audio Overview

Decision Documents

23F-H032-REL Decision – 1041743.pdf

Uploaded 2025-10-09T03:40:59 (161.1 KB)

23F-H032-REL Decision – 1057366.pdf

Uploaded 2025-10-09T03:40:59 (55.7 KB)

Amy Hillburn v. Stetson Valley Owners Association

Posted on by

Case Summary

Case ID 23F-H008-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-11-17
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Amy Hilburn Counsel —
Respondent Stetson Valley Owners Association Counsel Melissa Doolan, Esq.

Alleged Violations

A.R.S. § 33-1804 and Article 6.2 of the Bylaws

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove a violation of A.R.S. § 33-1804(A) because the Architectural Review Committee (ARC) had ceased holding regularly scheduled meetings since March 2022, thereby negating the statutory requirement that such committee meetings must be open to members.

Why this result: The ARC successfully argued that A.R.S. § 33-1804(A) only mandates open access for 'any regularly scheduled committee meetings.' Since they transitioned to using an online portal on an irregular schedule, they were no longer holding 'regularly scheduled meetings,' meaning the statute did not require them to be open.

Key Issues & Findings

Failure of Architectural Review Committee (ARC) to hold open meetings where members can comment prior to a vote.

Petitioner alleged the Architectural Review Committee (ARC) was violating A.R.S. § 33-1804 (open meetings statute) by failing to hold open meetings, particularly after the ARC began processing requests using an online portal which allows for discussion and voting among members outside of noticed meetings. Historically, the ARC held regularly scheduled meetings on the first Tuesday of every month until March 2022. The ALJ ultimately ruled that since March 2022, the ARC was not holding 'regularly scheduled committee meetings' as defined by the statute.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804(A)
  • A.R.S. § 32-2199
  • Article 6.2 of the Bylaws
  • 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. § 41-1092.09
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04

Analytics Highlights

Topics: HOA Open Meeting Law, Architectural Review Committee (ARC), Regularly Scheduled Meetings, Online Portal, Statutory Interpretation
Additional Citations:

  • A.R.S. § 33-1804(A)
  • Article 6.2 of the Bylaws

Audio Overview

Decision Documents

23F-H008-REL Decision – 1005178.pdf

Uploaded 2025-10-09T03:40:10 (48.8 KB)

23F-H008-REL Decision – 1013302.pdf

Uploaded 2025-10-09T03:40:10 (110.8 KB)

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

Posted on by

Case Summary

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

Parties & Counsel

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

Alleged Violations

ARIZ. REV STAT. section 33-1804

Outcome Summary

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

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

Key Issues & Findings

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

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

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

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

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

Analytics Highlights

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

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

Audio Overview

Decision Documents

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

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

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

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

Richard E Jewell v. Casa Fiesta Townhouses Corp.

Posted on by

Case Summary

Case ID 22F-H2221005-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-10-25
Administrative Law Judge Tammy L. Eigenheer
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Richard E Jewell Counsel —
Respondent Casa Fiesta Townhouses Corp. Counsel Nicole Payne and Carlotta L. Turman

Alleged Violations

A.R.S. § 33-1811

Outcome Summary

The Petitioner's petition alleging the HOA violated conflict of interest statutes (A.R.S. § 33-1811) was dismissed because the Petitioner failed to sustain the burden of proof, as the conflict was deemed sufficiently disclosed prior to the board action.

Why this result: Petitioner failed to sustain the burden of proof on the alleged violation.

Key Issues & Findings

Board Member Conflict of Interest Disclosure

Petitioner alleged the HOA violated the statute regarding conflict of interest when the board hired the board president as a paid office assistant and the conflict was not disclosed by the president. The ALJ found that while the president did not disclose the conflict, the conflict was made known by another attendee prior to discussion and action, fulfilling the statutory purpose.

Orders: Petitioner’s petition be dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1811
  • A.R.S. § 33-1243(c)
  • A.R.S. Title 32, Ch. 20, Art. 11
  • Arizona Administrative Code R2-19-119
  • A.R.S. § 1-211(B)
  • Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • BLACK’S LAW DICTIONARY 1373 (10th ed. 2014)

Analytics Highlights

Topics: HOA governance, Conflict of interest, Statutory interpretation, Board voting
Additional Citations:

  • A.R.S. § 33-1811
  • A.R.S. § 33-1243(c)
  • A.R.S. Title 32, Ch. 20, Art. 11
  • Arizona Administrative Code R2-19-119
  • A.R.S. § 1-211(B)
  • Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • BLACK’S LAW DICTIONARY 1373 (10th ed. 2014)

Audio Overview

Decision Documents

22F-H2221005-REL Decision – 920344.pdf

Uploaded 2025-10-09T03:37:56 (89.3 KB)

Lee & Kim Edwards v. Scottsdale Embassy Condominium Association

Posted on by

Case Summary

Case ID 21F-H2120028-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-07-28
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Lee & Kim Edwards Counsel Terry Foster, Esq.
Respondent Scottsdale Embassy Condominium Association Counsel —

Alleged Violations

A.R.S. § 33-1255

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated its CC&Rs, Bylaws, or A.R.S. § 33-1255, ruling that the statute was inapplicable due to the specific provisions in the Declaration regarding the 1/26 assessment calculation.

Why this result: Petitioner failed to meet the burden of proof, and the ALJ determined A.R.S. § 33-1255 was superseded by the Declaration, which mandated assessments based on the undivided 1/26 interest in the common elements.

Key Issues & Findings

Assessment calculation based on undivided interest in common areas

Petitioner challenged the Association's decision to change assessments from a historical square footage basis to a 1/26 interest calculation, arguing that this method violates A.R.S. § 33-1255 by charging for limited common elements (patios/parking).

Orders: The petition of Lee & Kim Edwards is dismissed; Respondent is deemed the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1255
  • Declaration Article I, Section 5
  • Declaration Article II, Section 5
  • Declaration Article II, Section 7
  • Declaration Article IV, Section 4
  • Declaration Article VI, Section 9

Analytics Highlights

Topics: condominium, assessment, cc&r, statutory interpretation, common elements, limited common elements
Additional Citations:

  • A.R.S. § 32-2199(1)
  • A.R.S. § 33-1255
  • 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
  • Powell v. Washburn, 211 Ariz. 553
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70

Audio Overview

Decision Documents

21F-H2120028-REL-RHG Decision – 899379.pdf

Uploaded 2025-10-09T03:36:39 (123.6 KB)

Lee & Kim Edwards v. Scottsdale Embassy Condominium Association

Posted on by

Case Summary

Case ID 21F-H2120028-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-07-28
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Lee & Kim Edwards Counsel Terry Foster, Esq.
Respondent Scottsdale Embassy Condominium Association Counsel —

Alleged Violations

A.R.S. § 33-1255

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated its CC&Rs, Bylaws, or A.R.S. § 33-1255, ruling that the statute was inapplicable due to the specific provisions in the Declaration regarding the 1/26 assessment calculation.

Why this result: Petitioner failed to meet the burden of proof, and the ALJ determined A.R.S. § 33-1255 was superseded by the Declaration, which mandated assessments based on the undivided 1/26 interest in the common elements.

Key Issues & Findings

Assessment calculation based on undivided interest in common areas

Petitioner challenged the Association's decision to change assessments from a historical square footage basis to a 1/26 interest calculation, arguing that this method violates A.R.S. § 33-1255 by charging for limited common elements (patios/parking).

Orders: The petition of Lee & Kim Edwards is dismissed; Respondent is deemed the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1255
  • Declaration Article I, Section 5
  • Declaration Article II, Section 5
  • Declaration Article II, Section 7
  • Declaration Article IV, Section 4
  • Declaration Article VI, Section 9

Analytics Highlights

Topics: condominium, assessment, cc&r, statutory interpretation, common elements, limited common elements
Additional Citations:

  • A.R.S. § 32-2199(1)
  • A.R.S. § 33-1255
  • 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
  • Powell v. Washburn, 211 Ariz. 553
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70

Audio Overview

Decision Documents

21F-H2120028-REL Decision – 899379.pdf

Uploaded 2025-10-09T03:36:38 (123.6 KB)

Anthony & Karen Negrete v. Sundance Ranch Homeowners Association

Posted on by

Case Summary

Case ID 21F-H2120012-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-12-13
Administrative Law Judge Kay A. Abramsohn
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anthony & Karen Negrete Counsel —
Respondent Sundance Ranch Homeowners Association Counsel Quinten Cupps, Esq.

Alleged Violations

A.R.S. §§ 33-1803 and 33-1817(B)(2)(b)

Outcome Summary

The Respondent's Motion to Dismiss was granted because the statute cited by Petitioners (A.R.S. § 33-1817(B)(2)(b)) regarding mandatory design approval meetings applies only to the construction or rebuild of the 'main residential structure,' not to a shed.

Why this result: The key statute relied upon by Petitioners was deemed inapplicable to the construction of a shed.

Key Issues & Findings

Failure to provide opportunity to participate in design approval meeting for replacement shed

Petitioners alleged they were not given the opportunity to participate in a final design approval meeting for building a replacement shed on their property, pursuant to A.R.S. § 33-1817(B)(2)(b).

Orders: Respondent’s Motion to Dismiss is granted and Petitioners’ Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1817(B)(2)(b)

Analytics Highlights

Topics: Design Review, Shed, Architectural Approval, Motion to Dismiss, Statutory Interpretation
Additional Citations:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1817(B)(2)(b)
  • A.R.S. Title 33, Chapter 16
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

21F-H2120012-REL Decision – 842597.pdf

Uploaded 2025-10-09T03:36:11 (131.7 KB)