Tag Archives: A.R.S. § 32-2199

Deatta M. Pleasants v. Pinecrest Lake Property Owners Association,

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Case Summary

Case ID 25F-H021-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-02-20
Administrative Law Judge Sondra J. Vanella
Outcome total_loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Deatta M. Pleasants Counsel —
Respondent Pinecrest Lake Property Owners Association, Inc. Counsel David Onuschak

Alleged Violations

CC&R Rev 2022, Article II., Sec. I (alpha) 2. Maintenance and Repair, By the Association

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet the burden of proof to establish a violation of the CC&Rs by the Association. The Association maintained the underground culverts in accordance with Navajo County approved plans, and the evidence established the culverts were functioning as intended. Flooding experienced by the Petitioner was expected due to the lot's location in a FEMA Floodway during an exceptional storm (likely a 100-year event).

Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated the CC&R provision; the culverts were maintained and functioning as intended, and flooding was anticipated given the lot's location in a FEMA Floodway during the exceptional storm event.

Key Issues & Findings

The association will not repair the culvert (common area) to allow the ditch to drain.

Petitioner alleged the HOA violated CC&Rs by failing to repair or connect a culvert (common area), causing her lot located in a regulatory floodway to flood during a severe (100-year) storm in July 2021. The Respondent contended the drainage system was maintained, functioned as intended, and the flooding was due to the exceptional storm magnitude and the property's location in a floodway.

Orders: No action required of Respondent; Petitioner's Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • 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)
  • CC&R Rev 2022, Article II., Sec. I (alpha) 2

Analytics Highlights

Topics: HOA Dispute, CC&R Maintenance Violation, Drainage System, Culvert Maintenance, FEMA Floodway, 100-Year Storm, Civil Engineer Testimony
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • 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)
  • CC&R Rev 2022, Article II., Sec. I (alpha) 2
  • CC&Rs Rev. September 2022, Article 1, D.

Decision Documents

25F-H021-REL Decision – 1252432.pdf

Uploaded 2025-10-09T03:44:48 (52.5 KB)

25F-H021-REL Decision – 1275219.pdf

Uploaded 2025-10-09T03:44:48 (128.4 KB)

R.L. Whitmer v. Hilton Casitas Council of Homeowners

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Case Summary

Case ID 25F-H001-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-11-12
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner R.L. Whitmer Counsel —
Respondent Hilton Casitas Council of Homeowners Counsel Emily H. Mann

Alleged Violations

A.R.S. § 33-1215(A)(1)

Outcome Summary

The Administrative Law Judge found the Respondent HOA in violation of A.R.S. § 33-1215(A)(1) for failing to contain the name of the association in the Declaration. The Petitioner was deemed the prevailing party and awarded the $500.00 filing fee, but no civil penalty was imposed.

Key Issues & Findings

Declaration requirements for naming the condominium and association.

Petitioner claimed the Declaration failed to comply with A.R.S. § 33-1215(A)(1) because it lacked the formal name of the association. Respondent argued the existing reference to the 'Council of Co-owners' was sufficient because case law established the current association was the successor entity. The Tribunal found the Declaration did not contain the name of the association as required.

Orders: Respondent shall pay Petitioner the filing fee of $500.00 within thirty (30) days and shall comply with A.R.S. § 33-1215(A)(1) going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1215(A)(1)
  • A.R.S. § 12-550
  • A.R.S. § 33-1202(15)
  • A.R.S. § 33-1219(A)
  • London v Carrick
  • Schaefer v Pro Keanti AZ2 LP
  • Eli v Cro County A

Analytics Highlights

Topics: HOA, Condominium Act, Declaration, Statute of Limitations
Additional Citations:

  • A.R.S. § 33-1215(A)(1)
  • A.R.S. § 12-550
  • A.R.S. § 33-1202(15)
  • A.R.S. § 33-1219(A)
  • A.R.S. § 32-2199
  • A.R.S. § 41-1092
  • London v Carrick
  • Schaefer v Pro Keanti AZ2 LP
  • Eli v Cro County A

Decision Documents

25F-H001-REL Decision – 1235116.pdf

Uploaded 2025-10-09T03:44:34 (44.0 KB)

25F-H001-REL Decision – 1241814.pdf

Uploaded 2025-10-09T03:44:35 (115.8 KB)

Justin R. Sheakley v. Arizona Hillcrest Community Association

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Case Summary

Case ID 24F-H056-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-10-21
Administrative Law Judge Samuel Fox
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Justin R. Sheakley Counsel —
Respondent Arizona Hillcrest Community Association Counsel Quinten Cupps

Alleged Violations

CC&Rs Article 11, Section 11.2

Outcome Summary

Petitioner failed to meet the burden of proof showing Respondent violated its Community Documents concerning the determination of structural damage required for shared cost repair under CC&R 11.2.

Why this result: Petitioner failed to demonstrate by a preponderance of the evidence that the Board was unreasonable when determining the wall at issue was structurally damaged.

Key Issues & Findings

Dispute regarding cost sharing for common wall repair (structural damage determination)

Petitioner claimed the wall only required cosmetic repair (HOA responsibility per CC&R 11.2) rather than structural replacement (shared cost). The HOA relied on contractor assessment indicating structural damage. The ALJ found Petitioner failed to meet the burden of proof to show the HOA violated the CC&Rs or acted unreasonably in ordering the repair.

Orders: Respondent deemed the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.01
  • A.R.S. § 32-2199.02

Analytics Highlights

Topics: Structural Damage, HOA Maintenance, Cost Sharing, HOA Discretion
Additional Citations:

  • CC&Rs Article 11, Section 11.2
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.01
  • A.R.S. § 32-2199.02

Decision Documents

24F-H056-REL Decision – 1211424.pdf

Uploaded 2025-10-09T03:44:32 (55.5 KB)

24F-H056-REL Decision – 1235391.pdf

Uploaded 2025-10-09T03:44:32 (125.4 KB)

Lisa Marx v. Tara Condominium Association

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Case Summary

Case ID 24F-H054-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-09-20
Administrative Law Judge Kay A. Abramsohn
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Lisa Marx Counsel —
Respondent Tara Condominium Association Counsel —

Alleged Violations

A.R.S. § 33-1258(A)
A.R.S. § 33-1248 (A), (D), (E), and (F); and Tara CC&Rs Section 9(E)

Outcome Summary

Petitioner prevailed on the 'Records' issue (A.R.S. § 33-1258), resulting in a $500.00 filing fee reimbursement. Respondent prevailed on the 'Example 13' issue (A.R.S. § 33-1248 and CC&Rs § 9(E)).

Why this result: The Administrative Law Judge concluded that Petitioner failed to sustain her burden regarding the Open Meeting Law allegations, finding that TARA conducted meetings in compliance and the specific volunteer work referenced was not statutorily or contractually required to be placed on an agenda for formal action.

Key Issues & Findings

Records Access Violation

TARA failed to timely provide access to TARA HOA records it possessed, violating the ten business day fulfillment requirement for examination requests.

Orders: TARA was ordered to reimburse Petitioner $500.00.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(A)

Open Meeting Law Violation (Example 13)

Petitioner alleged open meeting violations concerning volunteer work and projects not placed on agendas or formally voted upon by the board (Example 13).

Orders: Petitioner's Petition was dismissed as to alleged violations of A.R.S. § 33-1248(A), (D), (E), and (F) and/or Tara CC&Rs Section 9(E).

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1248(A)
  • A.R.S. § 33-1248(D)
  • A.R.S. § 33-1248(E)
  • A.R.S. § 33-1248(F)
  • Tara CC&Rs Section 9(E)

Analytics Highlights

Topics: HOA Records, Open Meeting Law, Partial Victory, Filing Fee Reimbursement, Condominium Association
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.01
  • A.R.S. § 32-2199.02
  • A.R.S. § 32-2199.04
  • A.R.S. § 32-2199.05
  • A.R.S. § 33-1248
  • A.R.S. § 33-1258
  • A.R.S. § 33-1801 et seq.
  • A.R.S. § 41-1092.09
  • Tara CC&Rs Section 9(E)

Decision Documents

24F-H054-REL Decision – 1212274.pdf

Uploaded 2025-10-09T03:44:27 (70.4 KB)

24F-H054-REL Decision – 1212281.pdf

Uploaded 2025-10-09T03:44:28 (12.4 KB)

24F-H054-REL Decision – 1216809.pdf

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24F-H054-REL Decision – 1225818.pdf

Uploaded 2025-10-09T03:44:28 (168.1 KB)

24F-H054-REL Decision – 1226250.pdf

Uploaded 2025-10-09T03:44:28 (41.9 KB)

Kenneth M. Halal v. Eagle Crest Ranch Homeowners Association

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Case Summary

Case ID 24F-H045-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-06-26
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kenneth M. Halal Counsel —
Respondent Eagle Crest Ranch Homeowners Association Counsel Alexandra M. Kurtyka

Alleged Violations

A.R.S. §§ 33-1803, 33-1804; Bylaws Article 2.3, 5.2

Outcome Summary

The Petitioner's request was dismissed. The Administrative Law Judge determined that Petitioner failed to meet the burden of proof, as the restriction of access to the Townsquare forum was a unilateral decision made by Townsquare, a separate legal entity. The cited statutes and Bylaws regarding due process for violations of Project Documents were found inapplicable because Townsquare and its Terms of Use are not governed by the HOA’s Project Documents.

Why this result: Petitioner failed to meet the burden of proof, and the cited statutes and bylaw provisions were found inapplicable since the Townsquare platform is not owned or managed by the HOA, and the restriction was imposed solely by Townsquare based on its Terms of Use, which are not HOA Project Documents.

Key Issues & Findings

Due process violation regarding removal from HOA website forum (Townsquare Forum)

Petitioner alleged violation of A.R.S. §§ 33-1803 and 33-1804, and Bylaws 2.3 and 5.2, arguing the HOA failed to provide due process when restricting his access to the Townsquare online forum. The ALJ found the cited provisions inapplicable as the restriction was imposed solely by Townsquare, a third-party entity whose Terms of Use are not Project Documents.

Orders: Petition dismissed because Petitioner failed to prove by a preponderance of the evidence that Respondent violated the cited statutes or Bylaws.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1804
  • Bylaws Article 2.3
  • Bylaws Section 5.2

Analytics Highlights

Topics: HOA Dispute, Due Process, Online Forum, Townsquare, Third-Party Vendor, Project Documents
Additional Citations:

  • A.R.S. § 33-1803
  • A.R.S. § 33-1804
  • A.R.S. § 32-2199
  • Bylaws Article 2.3
  • Bylaws Section 5.2
  • CC&Rs Article 1 Section 1.36
  • Townsquare Terms of Use

Decision Documents

24F-H045-REL Decision – 1183806.pdf

Uploaded 2025-10-09T03:44:07 (61.3 KB)

24F-H045-REL Decision – 1186944.pdf

Uploaded 2025-10-09T03:44:07 (45.9 KB)

24F-H045-REL Decision – 1193702.pdf

Uploaded 2025-10-09T03:44:08 (171.0 KB)

Robert P Fink & Brittany L Oleson v. Casas Arroyo Association, Inc.

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Case Summary

Case ID 24F-H023-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-16
Administrative Law Judge Sondra J. Vanella
Outcome total_loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Robert P. Fink & Brittany L. Oleson Counsel —
Respondent Casas Arroyo Association, Inc. Counsel David Onuschak, Esq.

Alleged Violations

Article II Section 1(c)

Outcome Summary

Petitioners failed to establish by a preponderance of the evidence that Respondent violated CC&R Article II Section 1(c). The cited provision was inapplicable because the security gate installation did not involve transferring common area to a public agency or increasing the density of residences (the clause was read conjunctively).

Why this result: CC&R Article II Section 1(c) was inapplicable because the sentence regarding improvements and density was written in the conjunctive using the word “and,” meaning the improvement must both be placed upon the common area AND increase the density of residences, neither of which applied to the security gate installation.

Key Issues & Findings

Violation of CC&Rs regarding vote threshold for placing improvements on common area.

Petitioners alleged Respondent HOA violated CC&R Article II Section 1(c) by approving the installation of a security gate on the common area using a two-thirds standard of those who voted (resulting in 27 affirmative votes, 69-72% approval rate) when they asserted three quarters (3/4 or 30 votes out of 39 eligible lots) of eligible votes was required for an improvement on the common area.

Orders: Petitioners’ Petition is dismissed; no action is required of Respondent.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(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. § 41-1092.09
  • CC&R Article II Section 1(c)
  • CC&R Article IV Section 2

Decision Documents

24F-H023-REL Decision – 1133251.pdf

Uploaded 2025-10-09T03:43:18 (51.2 KB)

24F-H023-REL Decision – 1135497.pdf

Uploaded 2025-10-09T03:43:18 (54.9 KB)

24F-H023-REL Decision – 1168799.pdf

Uploaded 2025-10-09T03:43:18 (47.6 KB)

24F-H023-REL Decision – 1178674.pdf

Uploaded 2025-10-09T03:43:18 (136.5 KB)

Clifford S Burnes V. Saguaro Crest Homeowners’ Association

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Case Summary

Case ID 23F-H033-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-04-14
Administrative Law Judge Sondra J. Vanella
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford S. Burnes Counsel —
Respondent Saguaro Crest Homeowners' Association Counsel John T. Crotty, Esq.

Alleged Violations

Articles of Incorporation, Section XV

Outcome Summary

The Administrative Law Judge dismissed the Petition, finding that the Respondent HOA did not violate Article XV of the Articles of Incorporation during the dissolution vote. The required 2/3 majority was achieved with 11 votes in favor, and the requirement for signed assent was met by the signatures provided on the ballot envelopes.

Why this result: Petitioner failed to meet the burden of proof to establish the alleged violation by a preponderance of the evidence.

Key Issues & Findings

Violation of voting requirements for dissolution of the Homeowners Association

Petitioner alleged that the dissolution vote was invalid because the ballots were not signed, and Respondent failed to achieve the 2/3 authorized votes needed, noting only 9 ballots were cast for dissolution. Respondent argued that 11 votes were cast, meeting the 2/3 requirement (10 votes needed), and that signatures on the ballot envelopes satisfied the Article XV requirement for assent given in writing and signed by Owners.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • 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, Articles of Incorporation, Voting Rights, Dissolution, Burden of Proof, Planned Community
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)

Audio Overview

Decision Documents

23F-H033-REL Decision – 1035350.pdf

Uploaded 2025-10-09T03:41:02 (55.1 KB)

23F-H033-REL Decision – 1049512.pdf

Uploaded 2025-10-09T03:41:02 (100.5 KB)

Carolyn Wefsenmoe v. Summit View Homeowner’s Association

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Case Summary

Case ID 23F-H017-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-03-08
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Carolyn Wefsenmoe Counsel —
Respondent Summit View Homeowner's Association Counsel Chad M. Gallacher, Esq.

Alleged Violations

CC&R’s Article XI, Sections 1, 2, and 3; Summit View Community Plat Notes

Outcome Summary

The Administrative Law Judge denied the petition, ruling that the Petitioner failed to meet the burden of proof to establish that the walls were built on the common area. Since HOA maintenance responsibility primarily attached to the common area, and the location of the walls relative to the lots remained unproven, the HOA was not found in violation of its maintenance obligations.

Why this result: Petitioner failed to prove by a preponderance of the evidence that the walls were located in a common area. No survey evidence was presented to determine whether the walls were on the individual lots (Owner responsibility) or the common area (HOA responsibility).

Key Issues & Findings

HOA failure to maintain perimeter walls and improper charging of homeowners for repairs.

Petitioner alleged that the HOA (SVHA) violated CC&R Article XI, Sections 1, 2, and 3, and the Community Plat Notes by failing to maintain the subdivision perimeter walls and charging homeowners for repairs, arguing the walls abutted and were part of the Common Area (NAOS), making maintenance the HOA's responsibility.

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • 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)
  • CC&R Article XI, Section 1
  • CC&R Article XI, Section 2
  • CC&R Article XI, Section 3
  • Summit View Community Plat Notes

Analytics Highlights

Topics: HOA, Maintenance, Perimeter Walls, CC&R, Common Area, Burden of Proof, NAOS, Lot Line Dispute
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119
  • CC&R Article XI, Section 1
  • CC&R Article XI, Section 2
  • CC&R Article XI, Section 3
  • Summit View Plat Notes

Audio Overview

Decision Documents

23F-H017-REL Decision – 1018596.pdf

Uploaded 2025-10-09T03:40:26 (52.8 KB)

23F-H017-REL Decision – 1018616.pdf

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23F-H017-REL Decision – 1031301.pdf

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23F-H017-REL Decision – 1032541.pdf

Uploaded 2025-10-09T03:40:26 (258.1 KB)

23F-H017-REL Decision – 1032542.pdf

Uploaded 2025-10-09T03:40:26 (723.8 KB)

23F-H017-REL Decision – 1032543.pdf

Uploaded 2025-10-09T03:40:27 (487.6 KB)

23F-H017-REL Decision – 1032544.pdf

Uploaded 2025-10-16T00:02:15 (3029.4 KB)

23F-H017-REL Decision – 1032545.pdf

Uploaded 2025-10-09T03:40:27 (81.9 KB)

23F-H017-REL Decision – 1032546.pdf

Uploaded 2025-10-16T00:02:16 (3401.3 KB)

23F-H017-REL Decision – 1032547.pdf

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23F-H017-REL Decision – 1035846.pdf

Uploaded 2025-10-09T03:40:27 (114.5 KB)

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)

Pamela McKinney v. Valle Vista Property Owners Association

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Case Summary

Case ID 23F-H019-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-01-31
Administrative Law Judge Sondra J. Vanella
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Pamela McKinney Counsel —
Respondent Valle Vista Property Owners Association Counsel Alan Meda

Alleged Violations

Articles of Incorporation Article 8, Covenants, Limitations & Restrictions Article 19 Sec. A, Covenants, Limitations & Restrictions Article 19 Sec. B

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Respondent HOA's Articles of Incorporation had been previously amended to be perpetual (1994, 1999) and that the CLRs automatically renew for an additional 25 years without requiring a homeowner vote, provided no modifications or changes are made.

Why this result: Petitioner failed to meet the burden of proof that Respondent violated the Articles of Incorporation or the CLRs, as the evidence showed the corporation's existence was perpetual and the CLRs' automatic renewal was permissible without a vote.

Key Issues & Findings

Expiration of HOA Charter and unlawful extension of CLRs by Board resolution without member vote

Petitioner alleged the HOA's charter and CLRs expired after 50 years (2022) and that the Board unlawfully extended the CLRs for 25 years via a resolution (Resolution/Memorandum of September 27, 2022) without the required vote of the co-owners. The ALJ found that the Articles of Incorporation were perpetually extended by amendments in 1994 and 1999, and the CLRs automatically renewed without a vote because no modifications were made.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Articles of Incorporation (1972)
  • Articles of Amendment (1994)
  • Articles of Amendment (1999)
  • CLRs Unit One (1972)
  • Resolution 092722 (Sept 27, 2022)

Analytics Highlights

Topics: HOA Charter Expiration, CLRs Renewal, Perpetual Existence, Amendment Vote, HOA Board Authority, Arizona Real Estate Statute
Additional Citations:

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

Audio Overview

Decision Documents

23F-H019-REL Decision – 1030077.pdf

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