Tag Archives: structural integrity

The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995 v.

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Case Summary

Case ID 24F-H049-REL, 24F-H055-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-01-21
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995 Counsel —
Respondent The Summit at Copper Square Condominium Association Counsel Daryl Wilson

Alleged Violations

Declaration §§ 7.1, 7.12, 7.14
Declaration §§ 4.6.1, 4.6.2
Declaration §§ 3.3.1, 3.3.2, 4.13
A.R.S. § 33-1248(E), (F)
Declaration § 5.1

Outcome Summary

Petitioner was deemed the prevailing party regarding issues 2 (Puppy Potty) and 4 (Notice/Agenda). Respondent was ordered to pay Petitioner a filing fee refund of $1,000 and a Civil Penalty of $500 for Issue 2. Respondent prevailed on Issues 1, 3, and 5.

Why this result: Petitioner failed to meet the burden of proof on Issues 1, 3, and 5, often due to the Board's discretion being upheld (budget, maintenance pace) or failure to establish the circumstances constituted an actionable nuisance (news crew).

Key Issues & Findings

Inadequate budget and funding of reserves; improper withdrawal of reserve funds.

Petitioner alleged the HOA improperly borrowed reserves (~$390k) for operating expenses and failed to adopt an adequate budget for reserves. The Tribunal found the budget practices required only a reasonable estimate and that the reserve contributions had exceeded recommended levels as of July 2024.

Orders: Petitioner's claim denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Declaration § 7.1
  • Declaration § 7.12
  • Declaration § 7.14

Installation of 'puppy potty' on common elements.

Petitioner sought removal of a puppy potty installed on the roof (a common element) arguing it violated rules prohibiting pet structures on common elements and constituted a nuisance. The Tribunal found the puppy potty was a structure for the care of pets on common elements, violating Section 4.6.2.

Orders: Respondent is directed to remove the puppy potty structure, and a Civil Penalty of $500 is imposed.

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

Disposition: petitioner_win

Cited:

  • Declaration § 4.6.1
  • Declaration § 4.6.2

Allowing news crew use of common area.

Petitioner contested the HOA allowing a news crew in the common pool area during the 2023 baseball post-season. The Tribunal found the Declaration permits invitees (guests) and failed to establish the presence of the news crew was unreasonable, offensive, or infringed upon owner easements.

Orders: Petitioner's claim denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Declaration § 3.3.1
  • Declaration § 3.3.2
  • Declaration § 4.13

Failure to provide required notice and adequate information in agendas.

Petitioner alleged the HOA agendas failed to provide adequate information for meaningful resident comments, specifically concerning non-emergency topics like purchasing patio furniture. The Tribunal found evidence that the Board failed to include at least one non-emergency topic on the agenda.

Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1248 and its Community Documents going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1248(E)
  • A.R.S. § 33-1248(F)

Failure to maintain, repair, and replace Common Elements (structural damage/garage cracks).

Petitioner sought enforcement of maintenance obligations due to perceived slow pace (years of delay) in addressing structural cracks and water infiltration in the garage ceiling. The Tribunal acknowledged delays but noted the Board had engaged experts and was following their recommendations for monitoring and testing before the decision date.

Orders: Petitioner's claim denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Declaration § 5.1

Analytics Highlights

Topics: HOA, Condo, Reserves, Budget, Pets, Common Elements, Board Meetings, Notice, Structural Integrity
Additional Citations:

  • Declaration § 7.1
  • Declaration § 7.12
  • Declaration § 7.14
  • Declaration § 4.6.1
  • Declaration § 4.6.2
  • Declaration § 3.3.1
  • Declaration § 3.3.2
  • Declaration § 4.13
  • A.R.S. § 33-1248(E)
  • A.R.S. § 33-1248(F)
  • Declaration § 5.1

Decision Documents

24F-H049-REL Decision – 1214040.pdf

Uploaded 2025-10-09T03:44:15 (45.7 KB)

24F-H049-REL Decision – 1218977.pdf

Uploaded 2025-10-09T03:44:15 (46.3 KB)

24F-H049-REL Decision – 1218981.pdf

Uploaded 2025-10-09T03:44:16 (5.9 KB)

24F-H049-REL Decision – 1219895.pdf

Uploaded 2025-10-09T03:44:16 (40.5 KB)

24F-H049-REL Decision – 1235253.pdf

Uploaded 2025-10-09T03:44:16 (47.1 KB)

24F-H049-REL Decision – 1264402.pdf

Uploaded 2025-10-09T03:44:16 (277.9 KB)

Ryan McMahon v. Alhambra Terrace Condominium Association

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Case Summary

Case ID 23F-H060-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-08-07
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Ryan McMahon Counsel —
Respondent Alhambra Terrace Condominium Association Counsel Mike Yohler

Alleged Violations

ARIZ. REV. STAT. § 33-1221

Outcome Summary

The Administrative Law Judge denied the petition, concluding that Petitioner failed to prove by a preponderance of the evidence that the Alhambra Terrace Condominium Association violated ARIZ. REV. STAT. § 33-1221.

Why this result: Petitioner failed to fully satisfy sub-requirements 6, 7, and/or 8 of the Preliminary Architectural Approval Letter, as the documentation provided (specifically from the plumbing company and designer) lacked the necessary professional weight or specificity required by the Association to address structural and plumbing concerns.

Key Issues & Findings

Alleged violation of statute regarding denial of interior modification request.

Petitioner alleged the Association violated ARS § 33-1221 by denying his request to combine two units and add two bathrooms, claiming the denial was unsupported by facts or governing documents. The ALJ found Petitioner failed to prove the violation.

Orders: Petitioner's petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1221
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. Title 33, Chapter 9, Article 3
  • 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. ADMIN. CODE R2-19-119

Analytics Highlights

Topics: condominium modification, HOA denial, structural integrity, plumbing concerns, burden of proof, architectural approval
Additional Citations:

  • ARIZ. REV. STAT. § 33-1221
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. Title 33, Chapter 9, Article 3
  • 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. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov

Decision Documents

23F-H060-REL Decision – 1081134.pdf

Uploaded 2025-10-09T03:42:17 (189.0 KB)