Briefing Document: Archer v. PMPE Community Association, Inc.

Executive Summary

This document synthesizes the key themes, evidence, and legal proceedings in the administrative case Marc Archer v. PMPE Community Association, Inc. (No. 21F-H2121040-REL). The central conflict revolves around Petitioner Marc Archer’s proposal for a two-story addition to his home, which was denied by the Respondent, the PMPE Community Association’s Architectural Committee (AC). Mr. Archer alleged this denial was an unreasonable withholding of approval, violating Arizona statute § 33-1817(B)(3).

The case is marked by a protracted history, including a previous denial for a different one-story design in 2019 and an earlier ruling in this matter (December 2020) that found the Association had violated its own procedures by not providing a written reason for its April 2020 denial. This procedural failure led to a formal denial letter on December 30, 2020, which became the central focus of the subsequent hearings.

The Association cited three primary reasons for the denial: 1) the addition lacked harmony with the existing structure, resembling a “large box”; 2) the proposal to use painted roof tiles was unacceptable; and 3) the design lacked sufficient architectural elements to break up large, flat expanses.

Mr. Archer countered with extensive evidence, including testimony from building industry experts and a registered architect, arguing that the design was harmonious, incorporated numerous architectural details found on the existing house, and that the Association’s objections were unfounded and inconsistent. The proceedings revealed significant confusion stemming from the Association’s denial letter, which conflated mandatory reasons for denial with what it later claimed were “advisory only” suggestions.

Ultimately, Administrative Law Judge (ALJ) Thomas Shedden ruled in favor of Mr. Archer. The March 30, 2022 decision concluded that the Association’s reasons for denial were unreasonable and not supported by a preponderance of the evidence. The Association was ordered to grant preliminary approval for the project and reimburse Mr. Archer’s $500 filing fee. A subsequent request for rehearing by the Association was withdrawn, making the ALJ’s decision final.

1. Case Overview

Case Number

21F-H2121040-REL

Petitioner

Marc Archer

Respondent

PMPE Community Association, Inc.

Presiding Judge

Administrative Law Judge (ALJ) Thomas Shedden

Core Allegation

The Association violated ARIZ. REV. STAT. § 33-1817(B)(3), which states, “Approval of a construction project’s architectural designs, plans and amendments shall not unreasonably be withheld.”

Subject of Dispute

The denial of Mr. Archer’s January 2020 preliminary submittal for a two-story garage addition to his home at 8619 North Place, Phoenix, AZ.

2. Detailed Procedural History

The dispute has a multi-year history involving multiple architectural proposals and administrative hearings.

• 2019 Denial (One-Story Design): Mr. Archer first sought approval for a one-story garage with a flat roof. The Association denied final approval. In a decision dated September 3, 2019 (Docket 19F-H1919063-REL), an ALJ concluded the Association had not violated the statute, noting the architectural rules favored pitched roofs and the structure would be visible above a nine-foot wall.

• January 2020 Submittal (Two-Story Design): Mr. Archer submitted the current proposal for a two-story garage addition.

• April 10, 2020 Denial (No Written Basis): The Association’s Architectural Committee (AC) denied the proposal during a conference call but failed to provide a written basis for the denial, as required by its own rules.

• December 3, 2020 ALJ Decision (Procedural Violation): In response to a petition filed by Mr. Archer, an ALJ determined the Association had violated its CC&Rs and the state statute by not providing a written reason for denial. The decision explicitly noted it was not a finding on the merits of the architectural design itself.

• December 30, 2020 Written Denial: The Association issued a formal written response outlining its reasons for denial. This document’s confusing structure, with separate sections for “reasons for denial” and “comments… for resubmittal,” became a major point of contention.

• 2021-2022 Hearings: Hearings on the reasonableness of the denial were held before ALJ Thomas Shedden on July 29, 2021, October 22, 2021, and January 31, 2022.

• March 30, 2022 ALJ Decision: ALJ Shedden found in favor of Mr. Archer, ruling the Association’s denial was unreasonable.

• July 13, 2022 Finality: The Association requested a rehearing but subsequently withdrew the request, rendering the March 30, 2022 decision final.

3. The Association’s Rationale for Denial

The Association’s denial, as articulated in the December 30, 2020 letter and testimony from its president, Keith Kauffman, was based on three main points.

3.1 Lack of Harmony and Integration

The primary objection was that the addition failed to “harmonize with the current building structure” as required by the Architectural Rules (ARs).

• Argument: The Association contended Mr. Archer was “attaching a large two-story ‘box’ to [his] home and not incorporating the addition into the current structure.”

• Kauffman’s Testimony: Mr. Kauffman elaborated that the addition was akin to “building a structure and then attaching that structure instead of… building an addition to his home.” Key issues he identified were that the new roofline did not blend into the existing second-story roof and that the structure connected to the house at only two points. The committee felt it would not look like it “was there from the beginning.”

3.2 Unacceptable Painted Roof Tiles

The second reason for denial was that Mr. Archer’s proposal to paint new roof tiles to match the existing roof was unacceptable.

• Argument: According to the letter, “painted roof tiles are not acceptable and are not identified as under section 4.4 of the archetypal rule.”

• Kauffman’s Testimony: Mr. Kauffman argued that because AR Section 4.4 does not explicitly state that painted tiles are acceptable, they are therefore not acceptable. He stated, “[The committee] didn’t feel that in this kind of development… that is not an acceptable… way to… tile one’s roof.”

3.3 Insufficient Architectural Expression

The final reason was that the design lacked sufficient architectural elements to break up large, flat wall expanses.

• Argument: The denial stated, “There needs to be architectural elements per pop out in windows etc. Prim to break up expanses and add ‘architectural expression’ to the addition as outlined in 4.2.”

• Testimony: Both Mr. Kauffman and community manager Gail Zigler testified that the proposed windows were not appropriate because they were not the same size as other windows on the house.

4. The Petitioner’s Rebuttal and Evidence

Mr. Archer presented a comprehensive case to counter each of the Association’s points, supported by his own testimony and that of multiple expert witnesses.

4.1 Design Harmony and Architectural Details

Mr. Archer argued that his design was meticulously planned to be harmonious with the existing home.

• Existing Elements: He demonstrated that the proposed addition incorporated numerous features already present on his house, including stucco pop-outs, soffit details, and eave designs. During cross-examination of Mr. Kauffman, Mr. Archer used photographs to establish that pop-outs, which the committee initially claimed were not present elsewhere on the house, did in fact exist near the bay windows.

• Roofline: He testified that staggering the rooflines adds aesthetic appeal and that tying the new roof directly into the existing second-story roof was not aesthetically viable.

• Expert Opinion:

◦ Greg Hancock, a builder of 25,000-30,000 homes, testified that the proposed addition is “not non-harmonious.”

◦ Dan Earlie, with 47 years in homebuilding, opined that Mr. Archer “went overboard in an effort to harmonize the addition.”

◦ Thomas Bragg, a registered architect, concluded in a sealed affidavit that the proposal was in compliance with the ARs, noting the design “matched the existing architecture” and was “varied and does not present any large unbroken wall areas with the blended details.”

4.2 Defense of Roof Tiles and Window Design

Mr. Archer presented evidence that the objections regarding tiles and windows were unreasonable.

• Painted Tiles: He provided evidence that painting roof tiles is no different than painting stucco, as both are cement-based products. Furthermore, he noted that the ARs do not contain any prohibition on painting tiles, whereas other materials like vinyl siding are explicitly prohibited. During the hearings, he also indicated he may have located matching tiles, potentially rendering the issue moot.

• Window Sizes: Evidence showed that window sizes on Mr. Archer’s existing house, as well as on other houses in the community, already vary.

4.3 Witness Testimony

In addition to the building experts, a neighbor provided testimony supporting Mr. Archer’s position.

• Dr. Victor Zach, who lives across the street, testified that he is not opposed to the proposed addition.

5. Key Hearing Dynamics and Controversies

5.1 The Confounding Denial Letter

The structure of the December 30, 2020 letter was a central issue.

• Mr. Kauffman testified that the second set of six bullet points was “advisory only” and intended to provide guidance.

• However, this section contained two of the three official reasons for denial (roof tiles and architectural elements) and included the statement that the addition “will be limited to a single story,” which Mr. Kauffman later admitted under questioning was not a firm requirement.

• The ALJ noted this created significant confusion: “At the hearing, Mr. Kauffman testified that the second set of bullets was advisory only, which was not clear to Mr. Archer until the hearing.”

5.2 Irrelevant Considerations by the Committee

Evidence from a previous hearing revealed that the AC’s decision-making process was influenced by factors outside the scope of architectural review.

• A prior ALJ decision found that during the April 10, 2020 conference call, “at least two members expressed their concerns with how Petitioner was planning to use the new addition. Specifically, the members were concerned Petitioner was going to accumulate more ‘junk’.”

• In the current hearing, Mr. Archer played an audio recording where a prior judge asked Mr. Kauffman, “Is there anything in the architectural guidelines that says how a structure is going to be used should affect whether or not it’s approved?”

5.3 The “Collaborative Process” Breakdown

Mr. Kauffman repeatedly testified that the approval process is intended to be collaborative, yet acknowledged that no discussions occurred after the April 2020 denial. The Association’s stance was that Mr. Archer failed to engage, while Mr. Archer felt he was facing a “moving target.” The ALJ highlighted the lack of clarity from the Association, which hindered any potential collaboration. The judge expressed surprise at the need to clarify that the existing house must be considered in the review:

“I don’t see how you could possibly make a decision without taking the house into consideration. And I apologize… that just strikes me as so self-evident that… I’m surprised we we’ve had to have it out.” – ALJ Thomas Shedden

6. Final Adjudication and Outcome

In his March 30, 2022 decision, ALJ Thomas Shedden ruled definitively in favor of the Petitioner, Marc Archer.

6.1 Conclusions of Law

The decision found that Mr. Archer had met his burden of proof to show the Association unreasonably withheld approval. The ALJ systematically dismantled each of the Association’s reasons for denial:

1. Harmony: “There was no substantial evidence adduced showing that Mr. Archer’s proposed addition will dominate or sharply contrast with the community.” The judge noted that other houses have more than one roofline, making the proposed addition consistent with the neighborhood.

2. Painted Roof Tiles: “The preponderance of the evidence shows that the Association acted outside its scope of authority because the ARs do not include a prohibition on painting tiles.”

3. Architectural Expression: “Mr. Archer provided credible evidence showing that the proposed addition will provide architectural expression as required by AR section 4.2.”

6.2 Final Order

Based on these conclusions, the Judge issued a two-part order:

1. IT IS ORDERED that Marc Archer is the prevailing party in this matter and that the Association should approve his preliminary design;

2. IT IS FURTHER ORDERED that the Association must pay to Mr. Archer Petitioner his filing fee of $500.00 within thirty days of this Order.

The Association’s subsequent withdrawal of its rehearing request finalized this decision.