Tag Archives: ARIZ. REV. STAT. § 10-3842

Randall White v. Quail Creek Villas Association Inc

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Case Summary

Case ID 23F-H004-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-12-29
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Randall White Counsel —
Respondent Quail Creek Villas Association Inc. Counsel Carolyn Goldschmidt

Alleged Violations

ARIZ. REV. STAT. § 10-3842; Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2

Outcome Summary

The ALJ denied the petition because the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated community documents or statutes. The ALJ noted that Petitioner lacked the authority to request the inspection on behalf of the HOA, and one primary statute cited (ARS § 10-3842) was inapplicable/outside jurisdiction.

Why this result: Petitioner failed to meet the burden of proof regarding the alleged statutory and community document violations. The ALJ found Petitioner lacked the authority to act for the Association, and the inspection had not yet commenced when directed to stop.

Key Issues & Findings

Alleged interference with wildfire risk assessment

Petitioner alleged Respondent stopped the Green Valley Fire Department's in-progress wildfire risk assessment, interfering with the assessment and failing to act in good faith or in the best interests of the Corporation.

Orders: Petitioner's petition was denied. All pending post-hearing motions were denied as moot.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 33-1805
  • Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2

Analytics Highlights

Topics: HOA dispute, wildfire risk, homeowner authority, jurisdiction, planned community
Additional Citations:

  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 33-1805
  • Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2
  • ARIZ. ADMIN. CODE R2-19-119

Audio Overview

Decision Documents

23F-H004-REL Decision – 1002376.pdf

Uploaded 2025-10-09T03:40:00 (40.8 KB)

23F-H004-REL Decision – 1002517.pdf

Uploaded 2025-10-09T03:40:00 (5.8 KB)

23F-H004-REL Decision – 1014952.pdf

Uploaded 2025-10-09T03:40:00 (45.6 KB)

23F-H004-REL Decision – 1020817.pdf

Uploaded 2025-10-09T03:40:00 (55.1 KB)

23F-H004-REL Decision – 1022445.pdf

Uploaded 2025-10-09T03:40:00 (170.8 KB)

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

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Case Summary

Case ID 20F-H2020049-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-03-08
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs Section 14.8

Outcome Summary

The ALJ denied the petition upon rehearing, confirming the prior decision that the Association did not violate CC&Rs Section 14.8 because that provision only relates to the Association's obligation to send notice, not the homeowner's methods of mailing payments. Petitioner failed to prove the violation.

Why this result: Petitioner failed to sustain the burden of proving that the Association violated CC&Rs Section 14.8, which was deemed inapplicable to the facts presented.

Key Issues & Findings

Notices

Petitioner started mailing monthly assessment payments via restricted delivery for board member Rhea Carlisle's pickup, deviating from the established HOA mailing address, resulting in delayed/returned payments and late fees. Petitioner sought an order compelling the Association to abide by CC&Rs 14.8 and statutes, and sought a civil penalty. The core issue determined was whether the Association violated CC&Rs 14.8.

Orders: Petitioner's petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs 14.8
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 33-1243

Analytics Highlights

Topics: Assessment payments, CC&Rs, Notice provision, Jurisdiction, Statutory Agent, Restricted delivery
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020049-REL-RHG Decision – 861466.pdf

Uploaded 2025-10-09T03:35:03 (145.6 KB)

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

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Case Summary

Case ID 20F-H2020049-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-03-08
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne

Alleged Violations

CC&Rs Section 14.8

Outcome Summary

The ALJ denied the petition upon rehearing, confirming the prior decision that the Association did not violate CC&Rs Section 14.8 because that provision only relates to the Association's obligation to send notice, not the homeowner's methods of mailing payments. Petitioner failed to prove the violation.

Why this result: Petitioner failed to sustain the burden of proving that the Association violated CC&Rs Section 14.8, which was deemed inapplicable to the facts presented.

Key Issues & Findings

Notices

Petitioner started mailing monthly assessment payments via restricted delivery for board member Rhea Carlisle's pickup, deviating from the established HOA mailing address, resulting in delayed/returned payments and late fees. Petitioner sought an order compelling the Association to abide by CC&Rs 14.8 and statutes, and sought a civil penalty. The core issue determined was whether the Association violated CC&Rs 14.8.

Orders: Petitioner's petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs 14.8
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 33-1243

Analytics Highlights

Topics: Assessment payments, CC&Rs, Notice provision, Jurisdiction, Statutory Agent, Restricted delivery
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 10-801
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)

Audio Overview

Decision Documents

20F-H2020049-REL-RHG Decision – 861466.pdf

Uploaded 2025-10-08T07:11:35 (145.6 KB)

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

Posted on by

Case Summary

Case ID 20F-H2020049-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-08
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne, Esq.

Alleged Violations

CC&Rs Section 14.8

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association did not violate CC&Rs Section 14.8. The provision was determined to be inapplicable, governing the Association’s obligation to provide notice, not the methods homeowners must use to send payments.

Why this result: Petitioner failed to meet the burden of proof. CC&Rs Section 14.8 was inapplicable, and Petitioner's chosen restricted delivery method for assessment payments caused delays, which were not the responsibility of the Respondent.

Key Issues & Findings

Whether the Association violated CC&Rs 14.8 concerning notice obligations.

Petitioner alleged the Association violated CC&Rs 14.8 by improperly handling or failing to receive his monthly assessment payments, which he sent via restricted delivery to a board member despite receiving instructions to mail payments to the Association's designated P.O. Box address.

Orders: Petitioner's petition was denied because he failed to sustain his burden of proof that the Association violated CC&Rs Section 14.8.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1243
  • CC&Rs 14.8

Analytics Highlights

Topics: homeowner assessments, CC&Rs interpretation, restricted delivery, jurisdiction, notice provision, rehearing
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 10-3842
  • CC&Rs 14.8
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Audio Overview

Decision Documents

20F-H2020049-REL Decision – 811290.pdf

Uploaded 2025-10-08T07:11:30 (131.7 KB)

Michael J Stoltenberg v. Rancho Del Oro Homeowners Association

Posted on by

Case Summary

Case ID 20F-H2020049-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-08
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael J Stoltenberg Counsel —
Respondent Rancho Del Oro Homeowners Association Counsel Nicole Payne, Esq.

Alleged Violations

CC&Rs Section 14.8

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association did not violate CC&Rs Section 14.8. The provision was determined to be inapplicable, governing the Association’s obligation to provide notice, not the methods homeowners must use to send payments.

Why this result: Petitioner failed to meet the burden of proof. CC&Rs Section 14.8 was inapplicable, and Petitioner's chosen restricted delivery method for assessment payments caused delays, which were not the responsibility of the Respondent.

Key Issues & Findings

Whether the Association violated CC&Rs 14.8 concerning notice obligations.

Petitioner alleged the Association violated CC&Rs 14.8 by improperly handling or failing to receive his monthly assessment payments, which he sent via restricted delivery to a board member despite receiving instructions to mail payments to the Association's designated P.O. Box address.

Orders: Petitioner's petition was denied because he failed to sustain his burden of proof that the Association violated CC&Rs Section 14.8.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1243
  • CC&Rs 14.8

Analytics Highlights

Topics: homeowner assessments, CC&Rs interpretation, restricted delivery, jurisdiction, notice provision, rehearing
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 10-3842
  • CC&Rs 14.8
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Audio Overview

Decision Documents

20F-H2020049-REL Decision – 811290.pdf

Uploaded 2025-10-09T03:35:01 (131.7 KB)