Case Summary
| Case ID | 18F-H1818030-REL, 18F-H1818031-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2018-05-25 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Jon Paul Holyoak | Counsel | — |
|---|---|---|---|
| Respondent | Camelback Country Club Estates I & II Homeowners Association | Counsel | Diana J. Elston, J. Gary Linder |
Alleged Violations
CC&Rs Section 12
Outcome Summary
The Administrative Law Judge denied the petition related to landscaping (18F-H1818030-REL), but deemed Petitioner the prevailing party and ordered the refund of the $500 filing fee regarding the petition concerning the additional mailbox (18F-H1818031-REL) because the HOA improperly based the fine on CC&R Section 12.
Why this result: Petitioner failed to prove the olive tree was alive, and a dead tree could be reasonably considered a violation of CC&R Section 28 requiring neatly trimmed/properly cultivated plantings (Case 18F-H1818030-REL).
Key Issues & Findings
Improper fine regarding additional freestanding mailbox
Petitioner challenged fines for an additional mailbox lacking architectural approval. The ALJ found that CC&R Section 12 (related to 'building') could not be applied to a mailbox, rendering the fine imposed under that section a violation by the Respondent. Petitioner was deemed the prevailing party in this docket number (18F-H1818031-REL).
Orders: Respondent ordered to pay Petitioner $500.00 filing fee refund within thirty days.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 32-2199 et seq.
- A.R.S. § 33-1805(A)
- A.A.C. R2-19-119
- CC&Rs Section 8
- CC&Rs Section 12
- CC&Rs Section 27
Analytics Highlights
- A.R.S. § 32-2199 et seq.
- A.R.S. § 33-1805(A)
- A.A.C. R2-19-119
- CC&Rs Section 8
- CC&Rs Section 12
- CC&Rs Section 27
- CC&Rs Section 28
Audio Overview
Decision Documents
18F-H1818030-REL Decision – 636748.pdf
18F-H1818030-REL Decision – 637227.pdf
18F-H1818030-REL Decision – 637433.pdf
Briefing Document: Holyoak v. Camelback Country Club Estates HOA
Executive Summary
This briefing document synthesizes the findings and conclusions from an Administrative Law Judge Decision concerning two consolidated petitions filed by homeowner Jon Paul Holyoak against the Camelback Country Club Estates I & II Homeowners Association (HOA). The disputes centered on HOA-issued violations for landscaping maintenance and the presence of a freestanding mailbox.
The final judgment produced a split decision. The Petitioner, Mr. Holyoak, failed to prove the HOA acted improperly in the landscaping case and his petition was denied. However, he was deemed the prevailing party in the mailbox case, with the judge concluding the HOA had violated its own community documents (CC&Rs) by imposing a fine based on an inapplicable section. As the prevailing party in one of the two matters, Mr. Holyoak was awarded his $500 filing fee, to be paid by the HOA. The initial decision document required two subsequent nunc pro tunc orders to correct typographical errors.
Key Takeaways:
• Landscaping Petition (Denied): Mr. Holyoak was cited for failing to remove a “dead” olive tree. He argued the tree was merely “in distress.” The judge ruled that a reasonable person would consider the tree dead and that Mr. Holyoak failed to provide sufficient evidence to the contrary. A dead tree was found to be a potential violation of CC&R Section 28, which requires plantings to be “neatly trimmed” and “properly cultivated.”
• Mailbox Petition (Upheld): Mr. Holyoak was cited for an “additional mailbox” that was present when he purchased the property in 2012. The judge found the HOA’s enforcement problematic for two primary reasons:
1. The HOA cited three different CC&R sections across multiple notices.
2. The fine was ultimately based on Section 12, which pertains to “buildings” and was deemed inapplicable to a mailbox.
• Final Order: The HOA was ordered to pay the Petitioner’s $500 filing fee. The decision is binding on the parties.
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Case Overview
The matter involves two petitions filed on February 2, 2018, by Petitioner Jon Paul Holyoak with the Arizona Department of Real Estate against the Respondent, Camelback Country Club Estates I & II Homeowners Association. The petitions alleged that the HOA had improperly cited Mr. Holyoak for violations of the community’s Conditions, Covenants, and Restrictions (CC&Rs). The two cases were consolidated for a single hearing.
Detail
Information
Case Numbers
18F-H1818030-REL (Landscaping)
18F-H1818031-REL (Mailbox)
Petitioner
Jon Paul Holyoak
Respondent
Camelback Country Club Estates I & II Homeowners Association (represented by Gary Linder and Diana Elston)
Hearing Date
May 2, 2018
Decision Date
May 25, 2018
Presiding Judge
Administrative Law Judge Tammy L. Eigenheer
Legal Framework
The Petitioner bore the burden of proving by a preponderance of the evidence that the Respondent violated the community CC&Rs and A.R.S. § 33-1805(A).
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Petition 1: Landscaping Violations (Case No. 18F-H1818030-REL)
This petition alleged that the HOA improperly cited Mr. Holyoak for violating Section 28 of the CC&Rs, which governs landscape maintenance.
HOA Actions and Timeline
The HOA, through its inspection team Associa Arizona, issued a series of notices regarding the landscaping on Mr. Holyoak’s property.
Notice Type
Description
Oct 17, 2017
Courtesy Notice
“Please remove the dead foliage on your lot.”
Dec 13, 2017
Courtesy Notice
“Please remove the dead olive tree in the front yard.”
Dec 13, 2017
Courtesy Notice
“There are several other trees that need to be removed as they have dead branches including the cassia…”
Jan 25, 2018
Notice of Violation
“2nd notice…There are several other trees that need to be removed as they have dead branches…” (Included photo of backyard).
Arguments Presented
• Petitioner’s Position (Holyoak):
◦ The olive tree in the front yard was not “dead” but rather “in distress,” and he was actively trying to nurse it back to health. He eventually had the tree removed on April 25, 2018, after months of effort.
◦ Regarding the backyard photo attached to the fine notice, he argued that the olive tree visible was healthy and that no dead trees were depicted.
◦ He requested that the fine be abated.
• Respondent’s Position (HOA):
◦ Board member Terry Rogers testified that the front yard olive tree had no leaves, appeared dead from the roadway, and was therefore not “properly trimmed” as required.
◦ He stated the backyard notice referred to a eucalyptus tree with several dead branches visible from the sidewalk bordering the property.
Administrative Law Judge’s Findings and Conclusion
The judge ruled in favor of the HOA in this matter.
• Burden of Proof: The Petitioner failed to present sufficient evidence, beyond “his self-serving statements,” that the olive tree was alive.
• Reasonable Interpretation: The judge concluded that “Any reasonable person viewing the olive tree, as depicted in the photographs presented, would understand the tree to be dead.”
• Violation of CC&Rs: A dead tree could reasonably be considered as not being “neatly trimmed” or “properly cultivated” in accordance with Section 28.
• Verdict: The Petitioner’s petition was denied. The judge found that the HOA had not improperly fined him for the landscaping violation.
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Petition 2: Unapproved Structure/Mailbox (Case No. 18F-H1818031-REL)
This petition alleged that the HOA improperly cited Mr. Holyoak for having an “additional mailbox” in violation of the CC&Rs.
HOA Actions and Timeline
The HOA’s notices for the mailbox cited three different sections of the CC&Rs over time.
Notice Type
Description
CC&R Section Cited
Oct 17, 2017
Courtesy Notice
“Please remove the additional mailbox on your lot.”
Section 27
Dec 14, 2017
Courtesy Notice
“…there is an additional mailbox on your lot. In research of our files, there is no architectural application on file for the modification.”
Section 12
Jan 25, 2018
Notice of Violation
“2nd notice…Please remove the mailbox or provide the approved architectural application.” (Mailbox was painted bright pink and yellow at this time).
Section 12
Jan 25, 2018¹
Notice of Violation
“3rd notice…Please remove the mailbox or provide the approved architectural application.”
Section 8
¹The decision document states this notice was sent on January 25, 2018, but references a violation noted on March 15, 2018. The judge’s conclusions later clarify a notice referencing Section 8 was issued April 11, 2018, and was not properly before the tribunal.
Arguments Presented
• Petitioner’s Position (Holyoak):
◦ The freestanding mailbox was already in place when he purchased the home in 2012.
◦ At the time of purchase, he received a statement that there were no known covenant violations on the property.
◦ He argued the mailbox is required by the United States Postal Service (USPS), which no longer provides walking delivery and requires mailboxes to be reachable from a vehicle. The home’s other mailbox, built into a monument, is approximately 15 feet from the curb.
◦ A USPS mail carrier had confirmed this delivery requirement.
• Respondent’s Position (HOA):
◦ Board member Terry Rogers testified that the USPS mail carrier told him he would prefer to deliver to the permanent monument mailbox because the freestanding one was not secure.
◦ The mailbox had become an “eyesore,” as it was faded, peeling, and “listing to one side.”
◦ Of the 61 homes in the community, only three have freestanding mailboxes, and the Petitioner is the only one with two mailboxes.
Administrative Law Judge’s Findings and Conclusion
The judge ruled in favor of the Petitioner in this matter.
• Inconsistent Enforcement: The judge found it “problematic” that the HOA relied on three different sections of the CC&Rs in its notices.
• Pre-existing Structure: The Petitioner established that the mailbox was present at the time of his 2012 home purchase and that he was told of no existing violations. Therefore, the HOA’s argument regarding the lack of an architectural approval was “without merit.”
• Inapplicable CC&R Section: The fine was imposed based on Section 12 of the CC&Rs. The judge determined the plain language of this section relates to a “building” and “cannot be read to apply to Petitioner’s mailbox.”
• Violation by HOA: By imposing a fine based on an inapplicable section, the HOA was in violation of the CC&Rs.
• Verdict: The Petitioner was deemed the prevailing party. The judge noted that the HOA could potentially impose fines for failure to maintain the mailbox or for painting it without approval, but those specific violations were not before the court.
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Final Order and Subsequent Corrections
• Order of May 25, 2018:
1. Petitioner’s petition in Case Number 18F-H1818030-REL (Landscaping) is denied.
2. Petitioner is deemed the prevailing party in Case Number 18F-H1818031-REL (Mailbox).
3. Respondent (HOA) is ordered to pay Petitioner his $500.00 filing fee within thirty days.
• Order Nunc Pro Tunc of May 30, 2018:
◦ This order corrected a typographical error in the original decision. The original text mistakenly stated the petition for the mailbox case (31-REL) was denied.
◦ Correction: The denial was correctly applied to the landscaping case: “it is ORDERED that Petitioner’s petition in Case Number 18F-H1818031-REL 18F-H1818030-REL is denied.”
• Order Nunc Pro Tunc of May 31, 2018:
◦ This order corrected a typographical error in the May 30 order, which had misstated the date of the original decision.
◦ Correction: “On April 26 May 25, 2018, the Administrative Law Judge issued the Administrative Law Judge Decision…”
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Key CC&R Sections Cited
• Section 8 (Architectural Control): Requires written approval from the Committee before any “building or other structure” is erected, altered, or repaired. This includes exterior finish, color, and architectural style.
• Section 12 (Buildings): States that “No building may be erected or maintained upon any Lot except one single family dwelling with private appurtenant garage and customary outbuildings” without prior written approval.
• Section 27 (Maintenance): Prohibits any building or structure from falling into disrepair and requires owners to keep them in good condition and adequately painted.
• Section 28 (Landscaping): Requires the owner of each lot to “at all times keep shrubs, trees, grass and plantings of every kind, on his lot mostly trimmed, properly cultivated, and free of trash, weeds and other unsightly material.”