Tag Archives: A.R.S. § 10-3708

Daniel Mayer v. Scottsdale North Homeowners Association, Inc.

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Case Summary

Case ID 23F-H020-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-02-17
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner Daniel Mayer Counsel —
Respondent Scottsdale North Homeowners Association, Inc. Counsel —

Alleged Violations

A.R.S. § 33-1812

Outcome Summary

The Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1812 by improperly combining two separate expenditure proposals (roadway preservation and gate replacement) into a single vote on a ballot, failing to provide an opportunity to vote on each action separately. Respondent was ordered to refund the $500.00 filing fee and pay a $500.00 civil penalty.

Key Issues & Findings

Combining two separate proposed actions into a single vote action on a ballot.

The Respondent HOA combined two separate proposed expenditures ($30,000 total for roadway asset preservation and common area gate replacement) into one vote on a ballot sent to homeowners, violating statutory requirements that each proposed action must be voted upon separately.

Orders: Respondent must abide by A.R.S. § 33-1812; Respondent must refund the Petitioner's $500.00 filing fee; Respondent must pay a $500.00 civil penalty to the Department of Real Estate.

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

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1812
  • A.R.S. § 10-3708
  • A.R.S. § 33-1812(A)(1)

Analytics Highlights

Topics: HOA Ballot, Combined Vote, Reserve Funds Access, Statutory Violation
Additional Citations:

  • A.R.S. § 33-1812
  • A.R.S. § 10-3708
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02
  • A.R.S. § 41-1092.07
  • A.R.S. § 41-1092.09
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

23F-H020-REL Decision – 1031122.pdf

Uploaded 2025-10-09T03:40:38 (100.0 KB)

23F-H020-REL Decision – 1038504.pdf

Uploaded 2025-10-09T03:40:38 (54.8 KB)

Shannon Lee Trezza Irrevocable Trust v. Haciendas Del Conde

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Case Summary

Case ID 20F-H2020045-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-11-18
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Shannon Lee Trezza Irrevocable Trust Counsel —
Respondent Haciendas Del Conde Association Counsel Sharon Briggs, Esq.

Alleged Violations

CCRs Section 21(m)

Outcome Summary

The Administrative Law Judge denied the Petition on all issues, concluding that the CCRs contained legally enforceable setback language (Section 21(m)) properly passed in 2017 under A.R.S. § 33-1817(A). The ALJ rejected Petitioner's arguments regarding improper voting procedures, statute of limitations, and selective enforcement.

Why this result: Petitioner failed to establish the alleged violations by a preponderance of the evidence. The CCRs were deemed valid, and the enforcement action was deemed reasonable.

Key Issues & Findings

Challenge to the validity and enforcement of the 10-foot setback requirement regarding the Petitioner's carport and claims of selective enforcement.

Petitioner asserted that the HOA violated CCR 21(m) by improperly adopting the 2017 CCRs and sought resolution on whether the setback language was enforceable, whether forcing Petitioner to move the carport was reasonable, whether selective enforcement was applied, and whether an easement existed. The ALJ concluded the CCRs were valid and enforceable under A.R.S. § 33-1817(A), rejected the selective enforcement claim, and denied the petition.

Orders: The Petition was denied on all issues. Respondent was deemed the prevailing party. No Civil Penalty was found appropriate.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 33-1817(A)
  • A.R.S. § 10-3708
  • CCRs Section 21(m)

Analytics Highlights

Topics: CCR_enforceability, setback_violation, voting_validity, selective_enforcement, carport
Additional Citations:

  • A.R.S. § 33-1817
  • A.R.S. § 10-3708
  • A.R.S. § 32-2199

Audio Overview

Decision Documents

20F-H2020045-REL Decision – 837850.pdf

Uploaded 2025-10-08T07:11:12 (132.2 KB)

Shannon Lee Trezza Irrevocable Trust v. Haciendas Del Conde

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Case Summary

Case ID 20F-H2020045-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-11-18
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Shannon Lee Trezza Irrevocable Trust Counsel —
Respondent Haciendas Del Conde Association Counsel Sharon Briggs, Esq.

Alleged Violations

CCRs Section 21(m)

Outcome Summary

The Administrative Law Judge denied the Petition on all issues, concluding that the CCRs contained legally enforceable setback language (Section 21(m)) properly passed in 2017 under A.R.S. § 33-1817(A). The ALJ rejected Petitioner's arguments regarding improper voting procedures, statute of limitations, and selective enforcement.

Why this result: Petitioner failed to establish the alleged violations by a preponderance of the evidence. The CCRs were deemed valid, and the enforcement action was deemed reasonable.

Key Issues & Findings

Challenge to the validity and enforcement of the 10-foot setback requirement regarding the Petitioner's carport and claims of selective enforcement.

Petitioner asserted that the HOA violated CCR 21(m) by improperly adopting the 2017 CCRs and sought resolution on whether the setback language was enforceable, whether forcing Petitioner to move the carport was reasonable, whether selective enforcement was applied, and whether an easement existed. The ALJ concluded the CCRs were valid and enforceable under A.R.S. § 33-1817(A), rejected the selective enforcement claim, and denied the petition.

Orders: The Petition was denied on all issues. Respondent was deemed the prevailing party. No Civil Penalty was found appropriate.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 33-1817(A)
  • A.R.S. § 10-3708
  • CCRs Section 21(m)

Analytics Highlights

Topics: CCR_enforceability, setback_violation, voting_validity, selective_enforcement, carport
Additional Citations:

  • A.R.S. § 33-1817
  • A.R.S. § 10-3708
  • A.R.S. § 32-2199

Audio Overview

Decision Documents

20F-H2020045-REL Decision – 837850.pdf

Uploaded 2025-10-09T03:34:55 (132.2 KB)

Shannon Lee Trezza Irrevocable Trust v. Haciendas Del Conde

Posted on by

Case Summary

Case ID 20F-H2020045-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-11-18
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Shannon Lee Trezza Irrevocable Trust Counsel —
Respondent Haciendas Del Conde Association Counsel Sharon Briggs, Esq.

Alleged Violations

CCRs Section 21(m)

Outcome Summary

The Administrative Law Judge denied the Petition on all issues, concluding that the CCRs contained legally enforceable setback language (Section 21(m)) properly passed in 2017 under A.R.S. § 33-1817(A). The ALJ rejected Petitioner's arguments regarding improper voting procedures, statute of limitations, and selective enforcement.

Why this result: Petitioner failed to establish the alleged violations by a preponderance of the evidence. The CCRs were deemed valid, and the enforcement action was deemed reasonable.

Key Issues & Findings

Challenge to the validity and enforcement of the 10-foot setback requirement regarding the Petitioner's carport and claims of selective enforcement.

Petitioner asserted that the HOA violated CCR 21(m) by improperly adopting the 2017 CCRs and sought resolution on whether the setback language was enforceable, whether forcing Petitioner to move the carport was reasonable, whether selective enforcement was applied, and whether an easement existed. The ALJ concluded the CCRs were valid and enforceable under A.R.S. § 33-1817(A), rejected the selective enforcement claim, and denied the petition.

Orders: The Petition was denied on all issues. Respondent was deemed the prevailing party. No Civil Penalty was found appropriate.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199 et seq.
  • A.R.S. § 33-1817(A)
  • A.R.S. § 10-3708
  • CCRs Section 21(m)

Analytics Highlights

Topics: CCR_enforceability, setback_violation, voting_validity, selective_enforcement, carport
Additional Citations:

  • A.R.S. § 33-1817
  • A.R.S. § 10-3708
  • A.R.S. § 32-2199