Tag Archives: ARIZ. REV. STAT. § 32-2199.01

Jeremy R Whittaker v. The Val Vista Lake Community Association (ROOT)

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Case Summary

Case ID 25F-H045-REL; 25F-H054-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-08-08
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $1,000.00

Parties & Counsel

Petitioner Jeremy R. Whittaker Counsel —
Respondent The Val Vista Lakes Community Association Counsel Joshua M. Bolen, Esq.

Alleged Violations

A.R.S. § 33-1805
A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge granted both consolidated petitions (25F-H045-REL and 25F-H054-REL), finding that Respondent, The Val Vista Lakes Community Association, violated A.R.S. § 33-1805(A) by wrongfully withholding requested documents and failing to respond to records requests. Respondent was ordered to follow A.R.S. § 33-1805(A) for all pending and future requests, reimburse the Petitioner the total filing fees of $1000.00, and pay a total civil penalty of $1000.00.

Key Issues & Findings

Violation regarding failure to provide association records (Policies/Legal)

Petitioner alleged Respondent violated A.R.S. § 33-1805 by failing to provide requested records (including those regarding records policy and attorney fee information) within the ten-business-day deadline, and by conditioning production on an unenforceable ‘Records Request Form’. The tribunal found Val Vista wrongfully withheld the documents and violated the statute.

Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.

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

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01

Violation regarding failure to provide financial records (Bank Statements)

Petitioner alleged Respondent violated A.R.S. § 33-1805(A) by failing to provide requested operating and reserve bank statements. Val Vista failed to respond to the request. The tribunal found the failure to respond unacceptable and in violation of the statute.

Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.

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

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01

Analytics Highlights

Topics: HOA Records Request, Failure to Produce Documents, Statutory Violation, Civil Penalty, Filing Fee Refund, Consolidated Cases
Additional Citations:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02
  • Title 33, Chapter 16, Article 1

Decision Documents

25F-H045-REL Decision – 1315733.pdf

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25F-H045-REL Decision – 1316066.pdf

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25F-H045-REL Decision – 1316100.pdf

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25F-H045-REL Decision – 1316101.pdf

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25F-H045-REL Decision – 1318153.pdf

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25F-H045-REL Decision – 1324339.pdf

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25F-H045-REL Decision – 1324343.pdf

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25F-H045-REL Decision – 1324372.pdf

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25F-H045-REL Decision – 1328416.pdf

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25F-H045-REL Decision – 1337742.pdf

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25F-H045-REL Decision – 1342973.pdf

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John R Krahn Living Trust/Janet Krahn Living Trust vs Tonto Forest

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Case Summary

Case ID 25F-H036-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-06-08
Administrative Law Judge Kay Abramsohn
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John R. Krahn Living Trust/Janet Krahn Living Trust Counsel —
Respondent Tonto Forest Estates Homeowners Association Counsel —

Alleged Violations

CC&R 5.3

Outcome Summary

The Administrative Law Judge granted the Petitioner’s single-issue petition because the HOA Board had not appointed a third member to the Architectural Committee (ARC) to comply with CC&R 5.3 until March 17, 2025. The HOA was ordered to reimburse the Petitioner’s $500.00 filing fee, but no civil penalty was awarded.

Key Issues & Findings

Architectural Committee Composition Requirement

Petitioner alleged violation of CC&R Article 5.3, which mandates the Architectural Committee (ARC) shall consist of three regular members, because the HOA only had two members on the ARC as of the petition date (February 5, 2025). The Tribunal found the HOA failed to appoint a third member to the ARC until March 17, 2025, granting the petition.

Orders: Petition granted; Respondent ordered to reimburse Petitioner's $500.00 filing fee. No civil penalty was awarded.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&R 5.3
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1817(B)(1)

Analytics Highlights

Topics: Architectural Committee, ARC, CC&R Violation, Board Appointment, Filing Fee Reimbursement, Civil Penalty Denied
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 33-1817(B)(1)
  • ARIZ. ADMIN. CODE R2-19-119
  • CC&R 5.3

Decision Documents

25F-H036-REL Decision – 1294268.pdf

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25F-H036-REL Decision – 1295556.pdf

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25F-H036-REL Decision – 1314961.pdf

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25F-H036-REL Decision – 1323845.pdf

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25F-H036-REL Decision – 1323922.pdf

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Anne F. Segal vs Prince Court Homeowners Association, INC.

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Case Summary

Case ID 25F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-22
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anne F. Segal Counsel —
Respondent Prince Court Homeowners Association, Inc. Counsel Wendy Ehrlich, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1812, 33-1803(B-E), 33-1804, 33-1817, and CC&Rs Article VII

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was legally permitted to amend its CC&Rs via written, notarized consent of the members under ARIZ. REV. STAT. § 33-1817(A)(1), and that the actions taken did not violate the cited statutes or the governing documents.

Why this result: Petitioner failed to meet the burden of proof; statutory requirements regarding voting (33-1812) and violation notices (33-1803) were inapplicable, and the process of using written consent and closed sessions for legal advice adhered to ARIZ. REV. STAT. §§ 33-1817 and 33-1804.

Key Issues & Findings

Alleged unlawful procedures in replacing CC&Rs

Petitioner alleged the Association violated multiple Arizona Revised Statutes and CC&Rs Article VII by using unlawful procedures to replace the existing CC&Rs. Specific complaints included the Board directing members to sign a notarized agreement without permitting open discussion or dissent on specific proposed changes, arguing that a full vote was required. Respondent argued compliance with ARS § 33-1817 and CC&Rs Article VII, which permits amendment via written consent.

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1803(B-E)
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 33-1817
  • CC&Rs Article VII
  • ARIZ. REV. STAT. § 10-3704

Analytics Highlights

Topics: HOA, CC&R Amendment, Written Consent, Executive Session, Statutory Interpretation, Planned Community, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1803(B-E)
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 33-1817
  • CC&Rs Article VII
  • ARIZ. REV. STAT. § 10-3704
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802

Decision Documents

25F-H032-REL Decision – 1269718.pdf

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25F-H032-REL Decision – 1269742.pdf

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25F-H032-REL Decision – 1274756.pdf

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25F-H032-REL Decision – 1274775.pdf

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25F-H032-REL Decision – 1277633.pdf

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25F-H032-REL Decision – 1288621.pdf

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25F-H032-REL Decision – 1308520.pdf

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Tom Barrs vs Desert Ranch Homeowners Association

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Case Summary

Case ID 25F-H2222050-REL-RMD
Agency ADRE
Tribunal OAH
Decision Date 2025-04-01
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $25.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules, Esq.
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge Decision granted the remanded petition based on the parties' stipulation that the Respondent Homeowners Association violated ARIZ. REV. STAT. § 33-1805 by failing to timely provide the membership roster. The ALJ ordered Respondent to reimburse the Petitioner $500.00 for the filing fee and assessed a civil penalty of $25.00 against Respondent. All other respects of the previous ALJ Decision issued February 21, 2023, remain unchanged.

Key Issues & Findings

Failure to timely provide full membership roster

The remanded issue concerned whether Respondent failed to timely fulfill records requests, specifically a full roster of Association Member names and corresponding property addresses, in violation of ARS § 33-1805. The parties stipulated that a violation of ARS § 33-1805 occurred.

Orders: Petitioner's remanded petition was granted. Respondent was ordered to reimburse Petitioner $500.00 for the filing fee and pay a $25.00 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $25.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: HOA Records Request, Membership Roster, Records Disclosure, Statutory Violation, Stipulation, Remand
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09(A)(1)

Decision Documents

25F-H2222050-REL-RMD Decision – 1280942.pdf

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25F-H2222050-REL-RMD Decision – 1285833.pdf

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25F-H2222050-REL-RMD Decision – 1286292.pdf

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25F-H2222050-REL-RMD Decision – 1288559.pdf

Uploaded 2025-10-09T03:45:36 (149.2 KB)

Aaron Solen & Anh Jung v. Power Ranch Community Association

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Case Summary

Case ID 24F-H036-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-07-05
Administrative Law Judge Adam D. Stone
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Aaron Solen and Anh Jung Counsel —
Respondent Power Ranch Community Association Counsel Charles H. Oldham

Alleged Violations

A.R.S. §33-1803(B) and Article 5.2.4 of the Association’s by-laws

Outcome Summary

The tribunal granted the petition, finding the Association violated ARIZ. REV. STAT. § 33-1803(B) and CC&R section 5.2.3 by failing to provide Petitioners an opportunity to be heard before imposing monetary penalties. The Respondent was ordered to reimburse the $500 filing fee. However, the tribunal denied all other requests for relief, including the reimbursement of fines, imposition of civil penalties, and forced approval of the modification, citing lack of statutory authority.

Why this result: The tribunal lacks statutory authority to erase fines imposed, force the Association to rewrite its CC&R’s, or force the Association to accept the planters without Petitioners going through the proper Design Review Committee processes.

Key Issues & Findings

Petitioner was issued fines as a result of a Design Review Committee decision and petitioner was not provided an opportunity to appeal to or be heard by the board of directors as required by A.R.S. §33-1803(B) and Article 5, specifically Article 5.2.4 of the Association’s by-laws.

Petitioners were fined for an unapproved modification (planter) without being granted a proper opportunity to be heard by the Board, as required by statute and bylaws, leading to a violation finding against the Association. The May 2023 meeting did not include the hearing, and the June 2023 Executive Session was not deemed a proper 'hearing' due to confusion over the closed session terminology.

Orders: The petition alleging violation of hearing rights was granted. Respondent was ordered to reimburse the Petitioner’s filing fee pursuant to ARIZ. REV. STAT. § 32-2199.02(A). Requests for reimbursement of fines incurred ($400.00), approval of the planters, imposition of a civil penalty, and rewriting CC&R’s procedures were denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1803(B)
  • Article 5.2.4
  • CC&R Section 5.2.3
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: DRC denial, hearing rights, monetary penalty, unapproved modification, executive session, CC&R violation
Additional Citations:

  • ARIZ. REV. STAT. § 33-1803(B)
  • Article 5.2.4
  • CC&R Section 5.2.3
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. § 41-1092

Decision Documents

24F-H036-REL Decision – 1162665.pdf

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24F-H036-REL Decision – 1184634.pdf

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24F-H036-REL Decision – 1191323.pdf

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24F-H036-REL Decision – 1196403.pdf

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Jennifer J Sullivan v. The Village at Elk Run Homeowners Association,

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Case Summary

Case ID 23F-H043-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-08-08
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jennifer J Sullivan Counsel —
Respondent The Village at Elk Run Homeowners Association, Inc. Counsel Michael S. McLeran

Alleged Violations

Article 4, Section 4.1 of the Community’s CC&Rs; ARIZ. REV. STAT. § 33-1804(D)

Outcome Summary

The Administrative Law Judge denied the Petitioner's petition, finding that the HOA's CC&Rs (Section 4.1) prohibited nonresidential use, including short-term renting (deemed a business by the tribunal), unless the lot was rented or leased for month-to-month or longer terms. Therefore, rentals shorter than a month were prohibited.

Why this result: The tribunal determined the Petitioner failed to meet her burden, as her short-term rental operation constituted a prohibited nonresidential use/business under Section 4.1 of the CC&Rs, which only permits leasing for Month to Month or Longer Terms.

Key Issues & Findings

Challenging HOA Violation Notice for Short-Term Rental Restriction

Petitioner challenged the Courtesy Violation Notice issued by the HOA for operating a short-term rental (Airbnb) with a minimum rental period less than month-to-month, arguing the CC&Rs did not explicitly prohibit such rentals. The HOA maintained that Section 4.1 prohibited nonresidential use, unless leased for month-to-month or longer terms, thereby prohibiting short-term rentals/business use.

Orders: Petitioner’s petition was denied. Respondent shall not reimburse Petitioner’s filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • PAL versus Washburn 211 Arizona 553 2006
  • Burke versus Voiceream Wireless Corporation 2 2007 Arizona 393 quarter of appeal 2004
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(D), 32-2199.02, and 41-1092

Analytics Highlights

Topics: HOA governance, short-term rental, CC&R interpretation, business use, 30-day minimum
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • PAL versus Washburn 211 Arizona 553 2006
  • Burke versus Voiceream Wireless Corporation 2 2007 Arizona 393 quarter of appeal 2004
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(D), 32-2199.02, and 41-1092

Audio Overview

Decision Documents

23F-H043-REL Decision – 1050430.pdf

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23F-H043-REL Decision – 1081482.pdf

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23F-H043-REL Decision – 1081483.pdf

Uploaded 2025-10-09T03:41:31 (117.7 KB)

Felicia Woodward v. The Pointe South Mountain Residential Association

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Case Summary

Case ID 23F-H054-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-07-28
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Felicia Woodward Counsel —
Respondent The Pointe South Mountain Residential Association Counsel Jonathan D. Ebertshauser

Alleged Violations

ARIZ. REV. STAT. § 33-1804

Outcome Summary

The Administrative Law Judge denied the single-issue petition, concluding that the Petitioner failed to prove the Association violated A.R.S. § 33-1804(D). The ALJ found that the gathering was a 'workshop' and not necessarily a formal 'meeting of the board of directors,' and further found that the Petitioner had received sufficient notice regardless.

Why this result: Petitioner failed to meet the burden of proof required by a preponderance of the evidence for the alleged violation of A.R.S. § 33-1804(D). The tribunal determined the meeting was advertised as a workshop and not a statutory board meeting, and the Petitioner had timely opened the notice email a week prior.

Key Issues & Findings

Petitioner alleges the Respondent has violated A.R.S. § 33-1804 by holding a meeting that 'had not been properly noticed…'

Petitioner alleged that the March 14, 2023 meeting was not properly noticed because customary channels (email, calendar, sandwich boards) were not used, and the notice provided did not include the meeting location. Respondent argued notice was given through email survey and the community calendar, meeting the statutory requirements, and that the event was a workshop.

Orders: Petitioner's petition was denied. Respondent shall not reimburse Petitioner's filing fee pursuant to A.R.S. § 32-2199.02(A).

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Notice Requirements, HOA Board Meeting, Workshop, Filing Fee Reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.01

Audio Overview

Decision Documents

23F-H054-REL Decision – 1068018.pdf

Uploaded 2025-10-09T03:41:55 (54.7 KB)

23F-H054-REL Decision – 1078258.pdf

Uploaded 2025-10-09T03:41:55 (113.6 KB)

Quail Creek Villas Association, Inc. v. Randall & Gisela White

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Case Summary

Case ID 23F-H042-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-05-09
Administrative Law Judge Jenna Clark
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $100.00

Parties & Counsel

Petitioner Quail Creek Villas Association, Inc. Counsel Michael Shupe, Esq.
Respondent Randall & Gisela White Counsel —

Alleged Violations

CC&Rs Section 3(j)

Outcome Summary

The HOA's petition was granted. Respondents were found to have violated CC&Rs Section 3(j) by installing tile without approval and were ordered to comply with the CC&Rs, reimburse the $500 filing fee, and pay a $100 civil penalty.

Why this result: Respondents admitted to the alleged conduct and failed to establish a sufficient affirmative defense (incomplete CC&Rs) against the violation, as the recorded CC&Rs provided constructive notice of all provisions. Respondents' conduct during testimony was also considered a factor in aggravation.

Key Issues & Findings

Unauthorized exterior modification (tile installation)

Respondents permanently installed tile on their front porch entryway without obtaining prior written approval. The ALJ rejected the Respondents' defense regarding missing CC&R pages, noting the HOA sustained its burden of proving a community document violation by a preponderance of the evidence.

Orders: Respondents must henceforth abide by CC&Rs Section 3(j), reimburse the Petitioner $500.00 for the filing fee, and pay a $100.00 civil penalty to the Department.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $100.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • Federoff v. Pioneer Title & Trust Co., 166 Ariz. 393 (1990)
  • Heritage Heights Home Owners Ass’n v. Esser, 115 Ariz. 330 (App. 1977)
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Flying Diamond Air Park LLC v. Minenberg, 215 Ariz. 44 (App. 2007)

Analytics Highlights

Topics: CC&R violation, Architectural Review Committee (ALC), exterior modification, tile installation, constructive notice, affirmative defense, HOA maintenance
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(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1803
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
  • Arpaio v. Steinle, 201 Ariz. 353, 355 ¶ 5, 35 P.3d 114, 116 (App. 2001)
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
  • Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
  • Federoff v. Pioneer Title & Trust Co., 166 Ariz. 393 (1990)
  • Heritage Heights Home Owners Ass’n v. Esser, 115 Ariz. 330 (App. 1977)
  • Flying Diamond Air Park LLC v. Minenberg, 215 Ariz. 44 (App. 2007)

Audio Overview

Decision Documents

23F-H042-REL Decision – 1048063.pdf

Uploaded 2025-10-09T03:41:27 (55.7 KB)

23F-H042-REL Decision – 1055060.pdf

Uploaded 2025-10-09T03:41:27 (219.4 KB)

Victoria J Whitaker v. Villas at Sunland Condominium Association

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Case Summary

Case ID 23F-H021-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-02-22
Administrative Law Judge Jenna Clark
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Victoria J Whitaker Counsel —
Respondent Villas at Sunland Condominium Association Counsel Austin Baillio

Alleged Violations

ARIZ. REV. STAT. § 33-1242

Outcome Summary

The Administrative Law Judge denied the petition, finding Petitioner failed to prove the Association violated ARIZ. REV. STAT. § 33-1242 regarding due process requirements for violation enforcement, as the Petitioner did not follow the required certified mail procedure to trigger those rights.

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1242. Petitioner did not follow the statutory requirement of sending a response via certified mail (ARIZ. REV. STAT. § 33-1242(B)).

Key Issues & Findings

Alleged failure to follow due process concerning violation enforcement

Petitioner alleged the Association failed to follow due process when enforcing community documents regarding damage to a semi-common element (carport) before her purchase, leading to a violation notice and subsequent enforcement.

Orders: Petition denied. Respondent shall not reimburse Petitioner's filing fee as required by ARIZ. REV. STAT. § 32-2199.02(A).

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1242
  • ARIZ. REV. STAT. § 33-1242(B)
  • ARIZ. REV. STAT. § 33-1242(C)
  • ARIZ. REV. STAT. § 33-1242(D)
  • ARIZ. REV. STAT. § 33-1803
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Condominium Association, Due Process, Violation Enforcement, Carport Damage, Statutory Compliance, Filing Fee Denial
Additional Citations:

  • ARIZ. REV. STAT. § 33-1242
  • ARIZ. REV. STAT. § 33-1242(B)
  • ARIZ. REV. STAT. § 33-1242(C)
  • ARIZ. REV. STAT. § 33-1242(D)
  • ARIZ. REV. STAT. § 33-1803
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 33-1260(A)(3)(e)
  • ARIZ. REV. STAT. § 33-1243
  • Declaration Article 5.3
  • Declaration Article 5.1
  • Declaration Article 5.2

Audio Overview

Decision Documents

23F-H021-REL Decision – 1036088.pdf

Uploaded 2025-10-09T03:40:42 (224.9 KB)

James Iannuzo v. Moonrise at Starr Pass Community Association

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Case Summary

Case ID 22F-H2221014-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-12-30
Administrative Law Judge Thomas Shedden
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner James Iannuzo Counsel —
Respondent Moonrise at Starr Pass Community Association Counsel Jason E. Smith

Alleged Violations

ARIZ. REV. STAT. section 33-1243(H)(4)

Outcome Summary

The Petitioner prevailed by showing the Association violated ARIZ. REV. STAT. section 33-1243. The Association was ordered to refund the $500.00 filing fee. Petitioner's requests for voiding election results, assessing a civil penalty, and appointing an administrator were denied.

Key Issues & Findings

Violation of statutory procedure for board member removal concerning ballot tabulation after deadline.

The Association violated the statute by tabulating ballots for a recall election at the August 19, 2021 meeting, as those ballots were only valid for the canceled June 30, 2021 special meeting.

Orders: Respondent must pay the Petitioner his filing fee of $500.00 within thirty days of the Order. Other requested remedies (voiding results, assessing civil penalty, appointing administrator) were denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 33-1243(H)(4)
  • ARIZ. REV. STAT. § 33-1250(C)(3)

Analytics Highlights

Topics: HOA board recall, Ballot tabulation, Quorum dispute, Statutory violation, Filing fee refund
Additional Citations:

  • ARIZ. REV. STAT. § 33-1243
  • ARIZ. REV. STAT. § 33-1250
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. ADMIN. CODE § R2-19-119
  • Whitmer v. Hilton Casitas Homeowners Ass'n
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall

Audio Overview

Decision Documents

22F-H2221014-REL Decision – 935534.pdf

Uploaded 2025-10-09T03:38:23 (128.9 KB)

22F-H2221014-REL Decision – 945764.pdf

Uploaded 2025-10-09T03:38:23 (48.2 KB)

22F-H2221014-REL Decision – 949683.pdf

Uploaded 2025-10-09T03:38:23 (49.4 KB)