Tag Archives: A.A.C. R2-19-119(B)(2)

Elieen Ahearn and Robert Barfield v. High Lonesome Ranch Estates

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Case Summary

Case ID 23F-H002-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-11-17
Administrative Law Judge Sondra J. Vanella
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Eileen Ahearn Counsel —
Respondent High Lonesome Ranch Estates Property Owners Association Counsel Jason Smith, Esq.

Alleged Violations

HLR CCR 6.2.1 and HLR Association Rules: Nominating and Election Committee Mission and Procedures (approved 19 July 2021)

Outcome Summary

The Administrative Law Judge upheld the Petition, finding the Respondent HOA violated its Nominating and Elections Committee Mission and Procedures by refusing to count otherwise valid couriered ballots and subsequent in-person attempts to vote at the July 5, 2022 Special Election. Petitioners were deemed the prevailing party and awarded the $500 filing fee refund, and the HOA was assessed a $500 civil penalty.

Key Issues & Findings

Denial of the right to vote in Removal/Recall Special Election

Petitioners alleged they were denied the right to vote in the July 5, 2022 Removal/Recall Special Election after their initial ballots (couriered prior to the meeting) were rejected for lacking a postmark, and their subsequent attempts to cast new ballots in person were rejected for reasons including 'double voting' or being 'too late.' The ALJ found the HOA violated its established election procedures.

Orders: The Petition was upheld, and Petitioners were deemed the prevailing party. Respondent was ordered to pay Petitioners their $500.00 filing fee and pay a civil penalty of $500.00 to the Department.

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

Disposition: petitioner_win

Cited:

  • HLR CCR 6.2.1
  • Nominating and Elections Committee Mission and Procedures

Analytics Highlights

Topics: HOA Dispute, Election Violation, Voting Rights, CCNR, Recall Election, Filing Fee Refund, Civil Penalty
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • HLR CCR 6.2.1
  • Nominating and Elections Committee Mission and Procedures

Audio Overview

Decision Documents

23F-H002-REL Decision – 1009442.pdf

Uploaded 2025-10-09T03:39:49 (60.1 KB)

23F-H002-REL Decision – 1013289.pdf

Uploaded 2025-10-09T03:39:50 (127.8 KB)

23F-H002-REL Decision – 996298.pdf

Uploaded 2025-10-09T03:39:50 (54.8 KB)

23F-H002-REL Decision – 996319.pdf

Uploaded 2025-10-09T03:39:50 (7.5 KB)

Amy Hillburn v. Stetson Valley Owners Association

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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)

Anthony T Horn v. Sun Lakes Homeowners Association #1, Inc.

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Case Summary

Case ID 22F-H2221017-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-08-22
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anthony T Horn Counsel —
Respondent Sun Lakes Homeowners Association #1, Inc. Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(F)

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's single-issue petition, finding that the Respondent HOA did not violate A.R.S. § 33-1804(F) regarding the July 6, 2021 board meeting, and alternatively, any potential violation was cured by the proper notice and vote taken at the November 9, 2021 board meeting.

Why this result: The ALJ concluded that the HOA properly notified members of the matter to be discussed at the July 6, 2021 meeting (tennis court upgrade/repair). Furthermore, any potential violation was cured by the explicit notice and second unanimous vote taken at the November 9, 2021 board meeting.

Key Issues & Findings

Open Meetings/Notice/Ability to Speak (July 6, 2021 Board Meeting)

Petitioner alleged the HOA violated ARS 33-1804(F) because the July 6, 2021 agenda item 'Tennis Courts Upgrade & Repair' did not adequately disclose the conversion of one tennis court into four pickleball courts. The ALJ found the initial notice was sufficient, and alternatively, any violation was cured by a subsequent November 9, 2021 meeting with explicit notice and a second vote.

Orders: The Administrative Law Judge concluded that the Respondent did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. Petitioner's petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARS 33-1804(F)

Analytics Highlights

Topics: HOA Open Meeting Violation, Notice and Agenda Requirement, Cure Doctrine, Tennis Court Conversion, Pickleball
Additional Citations:

  • A.R.S. § 33-1804(F)
  • A.R.S. § 32-2199(B)
  • 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. § 33-1803

Audio Overview

Decision Documents

22F-H2221017-REL-RHG Decision – 964044.pdf

Uploaded 2025-10-09T03:38:30 (50.6 KB)

22F-H2221017-REL-RHG Decision – 970320.pdf

Uploaded 2025-10-09T03:38:30 (58.5 KB)

22F-H2221017-REL-RHG Decision – 974011.pdf

Uploaded 2025-10-09T03:38:30 (58.7 KB)

22F-H2221017-REL-RHG Decision – 982006.pdf

Uploaded 2025-10-09T03:38:30 (54.7 KB)

22F-H2221017-REL-RHG Decision – 982097.pdf

Uploaded 2025-10-09T03:38:31 (7.7 KB)

22F-H2221017-REL-RHG Decision – 994010.pdf

Uploaded 2025-10-09T03:38:31 (108.6 KB)

John Zumph v. Sanalina Homeowners Association

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Case Summary

Case ID 22F-H2222049-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-08-01
Administrative Law Judge Adam D. Stone
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John Zumph Counsel —
Respondent Sanalina Homeowners Association Counsel Nick Eicher

Alleged Violations

Bylaws Article VII Section 1(d)

Outcome Summary

The ALJ denied the petition, concluding that the Sanalina HOA did not violate its Bylaws when it removed Petitioner John Zumph from the Board of Directors. The tribunal held that a 'regular meeting' can occur even without the presence of a quorum necessary to conduct business, validating the HOA's decision to declare his office vacant after three consecutive absences.

Why this result: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the Bylaws. The ALJ determined that the meetings existed despite lack of quorum, and the Petitioner's intentional absences constituted an abuse of process and were not in the spirit of the bylaws.

Key Issues & Findings

Wrongful removal from the Board of Directors

Petitioner challenged his removal from the Board of Directors, arguing that his three consecutive absences from regularly scheduled meetings (July 8, 2021, September 9, 2021, and November 11, 2021) did not count because no quorum was met at those meetings, meaning the meetings did not exist.

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 41-1092.07(G)(2)
  • A.R.S. § 41-1092
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Sanalina Bylaws Article VII Section 1(d)
  • Sanalina Bylaws Article VI Section 3

Analytics Highlights

Topics: HOA Board Removal, Quorum Dispute, Bylaw Interpretation, Director Absence, Regular Meeting Definition
Additional Citations:

  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092
  • A.R.S. § 41-1092.09
  • A.R.S. § 32-2199(B)
  • 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)
  • Sanalina Bylaws Article VII Section 1(d)
  • Sanalina Bylaws Article VI Section 3

Audio Overview

Decision Documents

22F-H2222049-REL Decision – 988629.pdf

Uploaded 2025-10-09T03:39:26 (105.3 KB)

Sam & Pipper O’ Shaughnessy Stangl v. Sabino Vista Townhouse

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Case Summary

Case ID 22F-H2221009-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-04-25
Administrative Law Judge Velva Moses-Thompson
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Sam & Pipper O' Shaughnessy Stangl Counsel —
Respondent Sabino Vista Townhouse Association Counsel Nathan Tennyson, Esq.

Alleged Violations

Article 6

Outcome Summary

The ALJ found that the Respondent violated Article VI of the CC&Rs by failing to maintain the natural desert area within the Common Area up to the exterior building lines. The CC&Rs mandate the Association maintain and remove all rubbish within its property up to the exterior building lines, and the Board lacked authority to designate this area as unmaintained natural desert without amending the CC&Rs. Petitioners were deemed the prevailing party and the filing fee was refunded.

Key Issues & Findings

Failure to Maintain Common Area

Petitioners alleged Respondent HOA violated Article 6 of the CC&Rs by failing to maintain the common area, specifically the unmaintained natural desert area (approx. two acres) located behind the townhome units, up to the exterior building lines and patio enclosures.

Orders: Respondent is deemed the non-prevailing party. Respondent must pay Petitioners their filing fee of $500.00 within thirty (30) days. Respondent is directed to comply with the requirements of Article VI (6) of the CC&Rs going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)

Analytics Highlights

Topics: HOA maintenance, CC&R violation, Common Area, Maintenance scope, Filing fee refund, Administrative Law Judge Decision, Rehearing
Additional Citations:

  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • A.R.S. § 12-904(A)
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Powell v. Washburn, 211 Ariz. 553
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70
  • Vazanno v. Superior Court, 74 Ariz. 369

Audio Overview

Decision Documents

22F-H2221009-REL-RHG Decision – 959583.pdf

Uploaded 2025-10-09T03:38:07 (49.7 KB)

22F-H2221009-REL-RHG Decision – 964651.pdf

Uploaded 2025-10-09T03:38:07 (18.7 KB)

22F-H2221009-REL-RHG Decision – 964655.pdf

Uploaded 2025-10-09T03:38:07 (99.7 KB)

Anthony T Horn v. Sun Lakes Homeowners Association #1, Inc.

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Case Summary

Case ID 22F-H2221017-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-08-22
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anthony T Horn Counsel —
Respondent Sun Lakes Homeowners Association #1, Inc. Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(F)

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's single-issue petition, finding that the Respondent HOA did not violate A.R.S. § 33-1804(F) regarding the July 6, 2021 board meeting, and alternatively, any potential violation was cured by the proper notice and vote taken at the November 9, 2021 board meeting.

Why this result: The ALJ concluded that the HOA properly notified members of the matter to be discussed at the July 6, 2021 meeting (tennis court upgrade/repair). Furthermore, any potential violation was cured by the explicit notice and second unanimous vote taken at the November 9, 2021 board meeting.

Key Issues & Findings

Open Meetings/Notice/Ability to Speak (July 6, 2021 Board Meeting)

Petitioner alleged the HOA violated ARS 33-1804(F) because the July 6, 2021 agenda item 'Tennis Courts Upgrade & Repair' did not adequately disclose the conversion of one tennis court into four pickleball courts. The ALJ found the initial notice was sufficient, and alternatively, any violation was cured by a subsequent November 9, 2021 meeting with explicit notice and a second vote.

Orders: The Administrative Law Judge concluded that the Respondent did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. Petitioner's petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARS 33-1804(F)

Analytics Highlights

Topics: HOA Open Meeting Violation, Notice and Agenda Requirement, Cure Doctrine, Tennis Court Conversion, Pickleball
Additional Citations:

  • A.R.S. § 33-1804(F)
  • A.R.S. § 32-2199(B)
  • 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. § 33-1803

Audio Overview

Decision Documents

22F-H2221017-REL Decision – 964044.pdf

Uploaded 2025-10-09T03:38:27 (50.6 KB)

22F-H2221017-REL Decision – 970320.pdf

Uploaded 2025-10-09T03:38:27 (58.5 KB)

22F-H2221017-REL Decision – 974011.pdf

Uploaded 2025-10-09T03:38:27 (58.7 KB)

22F-H2221017-REL Decision – 982006.pdf

Uploaded 2025-10-09T03:38:28 (54.7 KB)

22F-H2221017-REL Decision – 982097.pdf

Uploaded 2025-10-09T03:38:28 (7.7 KB)

22F-H2221017-REL Decision – 994010.pdf

Uploaded 2025-10-09T03:38:28 (108.6 KB)

Kathy Padalino v. Legend Trail Parcel A

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Case Summary

Case ID 22F-H2221003-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-12-08
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kathy Padalino Counsel —
Respondent Legend Trail Parcel A Counsel Kelsey Dressen, Esq.

Alleged Violations

CC&Rs Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4

Outcome Summary

The Administrative Law Judge ordered that the Petitioner’s Petition be dismissed after finding that the Petitioner failed to sustain her burden to establish a violation by the Respondent of the cited sections of the CC&Rs.

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated the CC&Rs, and did not establish that Respondent was obligated to provide her with an individual access code separate from the one already provided to the Lot.

Key Issues & Findings

The dispute between Petitioner and Respondent arises from Community Document Conditions, Covenants, and Restrictions Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4.

Petitioner filed an HOA Dispute Process Petition alleging a violation of community documents because the HOA refused to grant her a personal access gate code. Petitioner argued that as an owner and member, she was entitled to her own personal and individual access code. Respondent disputed the violation, asserting the lot already had multiple modes of access, and was not obligated to provide an additional individual code.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • CC&Rs Article 1 Section 26
  • CC&Rs Article 4 Section 4.6
  • CC&Rs Article 2, Section 2.4
  • A.R.S. § 32-2199
  • ARIZ. REV. STAT. section 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)

Analytics Highlights

Topics: HOA Dispute, CC&R Violation, Gate Access, Access Code Policy
Additional Citations:

  • A.R.S. § 32-2199
  • ARIZ. REV. STAT. section 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Audio Overview

Decision Documents

22F-H2221003-REL Decision – 930504.pdf

Uploaded 2025-10-09T03:37:48 (109.5 KB)

Sam & Pipper O’ Shaughnessy Stangl v. Sabino Vista Townhouse

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Case Summary

Case ID 22F-H2221009-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-04-25
Administrative Law Judge Velva Moses-Thompson
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Sam & Pipper O' Shaughnessy Stangl Counsel —
Respondent Sabino Vista Townhouse Association Counsel Nathan Tennyson

Alleged Violations

Article VI of the CC&Rs

Outcome Summary

The Administrative Law Judge deemed Petitioners the prevailing party. Respondent HOA violated Article VI of the CC&Rs by failing to maintain and remove rubbish from the natural desert area within the Common Area up to the exterior building lines, as the Board's determination not to maintain the area lacked proper authority without a CC&R amendment. The Respondent was ordered to comply with the CC&Rs and refund the Petitioners' filing fee.

Key Issues & Findings

HOA maintenance obligations for common area up to exterior building lines

Petitioners alleged the HOA failed to maintain and otherwise manage all property up to the exterior building lines and patio enclosures, specifically a natural desert area within the Common Area. The ALJ found that the CC&Rs require the Association to maintain and remove all rubbish within its property up to the exterior building lines, and the Board lacked the authority to refuse maintenance of the natural desert area without amending the CC&Rs.

Orders: Respondent is ordered to comply with the requirements of Article VI of the CC&Rs going forward and must pay Petitioners their filing fee of $500.00 within thirty (30) days.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • Article VI of the CC&Rs
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)

Analytics Highlights

Topics: HOA Maintenance, CC&R Interpretation, Common Area Maintenance, Filing Fee Refund, Prevailing Party
Additional Citations:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 41-1092.08(H)
  • A.R.S. § 12-904(A)

Audio Overview

Decision Documents

22F-H2221009-REL Decision – 927714.pdf

Uploaded 2025-10-09T03:38:04 (95.3 KB)

22F-H2221009-REL Decision – 927747.pdf

Uploaded 2025-10-09T03:38:04 (37.5 KB)

Vance Gribble v. Legend Trail Community Association

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Case Summary

Case ID 22F-H2221004-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-11-04
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Vance Gribble Counsel —
Respondent Legend Trail Community Association Counsel Josh Bolen, Esq.

Alleged Violations

A.R.S. § 33-1808(E); Article 1 § 18 of the Declaration; Article 3 § 5 of the Declaration

Outcome Summary

The petition was dismissed because the Petitioner failed to meet the burden of proof necessary to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or the cited Declaration Articles.

Why this result: Petitioner failed to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or Article 3 § 5/Article 1 § 18 of the Declaration.

Key Issues & Findings

HOA rule adoption/enforcement regarding motorized vehicle use (ATVs/scooters)

Petitioner alleged the Association improperly prohibited the use of ATVs and motorized scooters on Association streets via e-mails (March 31, 2021, and June 21, 2021). The Association contended these were not rules and no formal enforcement action was taken.

Orders: Petitioner Vance Gribble’s petition against Respondent Legend Trail Community Association is dismissed.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1808(E)
  • A.R.S. § 33-1808(F)
  • Article 1 § 18 of the Declaration
  • Article 3 § 5 of the Declaration

Analytics Highlights

Topics: Recreational Activity, Motorized Vehicles, ATVs, Scooters, Rule Adoption, Declaration, Common Area
Additional Citations:

  • A.R.S. § 33-1808(E)
  • A.R.S. § 33-1808(F)
  • Article 1 § 18 of the Declaration
  • Article 3 § 5 of the Declaration
  • A.R.S. § 32-2199(B)
  • Title 33, Chapter 16
  • A.R.S. §§ 33-3101 to 33-11702
  • A.R.S. § 10-3140
  • A.R.S. § 33-1803
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • Vazanno v. Superior Court
  • Powell v. Washburn
  • Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs.

Audio Overview

Decision Documents

22F-H2221004-REL Decision – 922828.pdf

Uploaded 2025-10-09T03:37:53 (100.5 KB)

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

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Case Summary

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

Parties & Counsel

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

Alleged Violations

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

Outcome Summary

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

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

Key Issues & Findings

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

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

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

Filing fee: $0.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

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

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

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

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

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

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

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

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

Filing fee: $0.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

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

Analytics Highlights

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

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

Audio Overview

Decision Documents

21F-H2121065-REL Decision – 913797.pdf

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

21F-H2121065-REL Decision – 913859.pdf

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

21F-H2121065-REL Decision – 921820.pdf

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

21F-H2121065-REL Decision – 921823.pdf

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