Tom Barrs vs Desert Ranch Homeowners Association

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

Uploaded 2025-10-09T03:45:35 (50.9 KB)

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

Uploaded 2025-10-09T03:45:35 (107.0 KB)

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

Uploaded 2025-10-09T03:45:36 (21.7 KB)

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

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

Miera Phx LLC v. Dartmouth Trace Homeowner Associations, Inc

Case Summary

Case ID 25F-H022-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-03-27
Administrative Law Judge Nicole Robinson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Miera Phx LLC Counsel
Respondent Dartmouth Trace Homeowner Associations, Inc Counsel

Alleged Violations

CC&Rs Sections 17, 6.1, 6.2, 5; Bylaws Articles I, Section 3; Article VI, Section 3(b); Article IX, Section 2

Outcome Summary

The petition was denied because the Petitioner failed to prove by a preponderance of the evidence that the Respondent HOA violated the cited documents or statutes, as the ALJ determined the complaint was fundamentally a dispute regarding violations committed by individual unit owners (a homeowner vs. homeowner argument).

Why this result: The ALJ found that Petitioner failed to establish that the HOA violated the governing documents or statutes, particularly noting that the Association cannot violate the Use & Occupancy restrictions cited, only a homeowner can. The statute regarding monetary penalties uses 'may' (ARIZ. REV. STAT. § 33-1242(A)(11)), indicating discretion, not a mandatory duty enforceable as a violation against the HOA.

Key Issues & Findings

HOA's failure to enforce CC&Rs prohibiting transient/short-term rentals and managing parking/common areas misuse

Petitioner alleged the HOA failed to enforce restrictions prohibiting short-term rentals (under 30 days) and misused parking/common areas by transient guests, citing conflicts of interest among Board members operating STRs.

Orders: Petition denied. Respondent shall not reimburse Petitioner's filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1242(A)(11)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • Dartmouth Trace CC&Rs Section 17
  • Dartmouth Trace Bylaws Article VI Section 3(b)

Decision Documents

25F-H022-REL Decision – 1264772.pdf

Uploaded 2025-10-09T03:44:52 (66.0 KB)

25F-H022-REL Decision – 1275713.pdf

Uploaded 2025-10-09T03:44:53 (49.9 KB)

25F-H022-REL Decision – 1275762.pdf

Uploaded 2025-10-09T03:44:53 (8.3 KB)

25F-H022-REL Decision – 1287568.pdf

Uploaded 2025-10-09T03:44:53 (182.8 KB)

25F-H022-REL Decision – 1318865.pdf

Uploaded 2025-10-09T03:44:53 (56.7 KB)

Taylor Kidd vs Heritage Village III Homeowners Association (ROOT)

Case Summary

Case ID 24F-H037-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-08-23
Administrative Law Judge Adam D. Stone
Outcome full
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Taylor Kidd and Jerome L. Glazer Counsel Patrick T. Nackley
Respondent Heritage Village III Homeowners Association Counsel Tessa Knueppel and Mark K. Sahl

Alleged Violations

McCormick Ranch CC&R Article III, Section 4 and Heritage Village III HO CC&R Article VII, Section 1

Outcome Summary

The ALJ found that the Association violated its own CC&Rs (Article VII, Section 1) by failing to incorporate and follow Article III, Section 4 of the McCormick Ranch CC&Rs, which required a two-thirds vote of voting owners for a special assessment for capital improvements. Both petitions were granted, and the Association was ordered to refund the total filing fees of $1,000.00.

Why this result: Respondent failed to take the required vote regarding the special assessment for the Landscape Improvement Project, in violation of the controlling CC&Rs.

Key Issues & Findings

Violation of CC&Rs by approving a Landscape Improvement Project and potential special assessment for a capital improvement without the required 2/3 membership vote.

The Association violated its CC&Rs by failing to follow the McCormick Ranch CC&R provision requiring the assent of two-thirds (2/3) of the votes cast by Voting Owners for a Special Assessment intended for construction, reconstruction, repair, or replacement of a capital improvement (the Landscape Improvement Project).

Orders: The petitions were granted. Respondent was ordered to reimburse both Petitioners' filing fees pursuant to ARIZ. REV. STAT. § 32-2199.02(A).

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • McCormick Ranch CC&R Article III, Section 4
  • Association CC&R Article VII, Section 1

Analytics Highlights

Topics: Special Assessment, Capital Improvement, Membership Vote, CC&R Violation, Consolidation, Master Association
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 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
  • ARIZ. REV. STAT. § 33-1803.7
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. ADMIN. CODE R2-19-119
  • Title 33, Chapter 16, Article 1 of the Arizona Revised Statutes

Decision Documents

24F-H037-REL Decision – 1182719.pdf

Uploaded 2025-10-09T03:43:54 (62.8 KB)

24F-H037-REL Decision – 1182767.pdf

Uploaded 2025-10-09T03:43:54 (13.4 KB)

24F-H037-REL Decision – 1182769.pdf

Uploaded 2025-10-09T03:43:54 (50.0 KB)

24F-H037-REL Decision – 1203525.pdf

Uploaded 2025-10-09T03:43:55 (49.3 KB)

24F-H037-REL Decision – 1215299.pdf

Uploaded 2025-10-09T03:43:55 (123.4 KB)

24F-H037-REL Decision – 1226570.pdf

Uploaded 2025-10-09T03:43:55 (39.7 KB)

Aaron Solen & Anh Jung v. Power Ranch Community Association

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

Uploaded 2025-10-09T03:43:49 (42.0 KB)

24F-H036-REL Decision – 1184634.pdf

Uploaded 2025-10-09T03:43:50 (40.0 KB)

24F-H036-REL Decision – 1191323.pdf

Uploaded 2025-10-09T03:43:50 (37.4 KB)

24F-H036-REL Decision – 1196403.pdf

Uploaded 2025-10-09T03:43:50 (146.0 KB)

Teri S. Morcomb & J. Ted Morcomb v. Sierra Tortuga Homeowner’s

Case Summary

Case ID 24F-H015-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-01-03
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Teri S. Morcomb & J. Ted Morcomb Counsel Jeffrey Brie, Esq.
Respondent Sierra Tortuga Homeowner’s Association Counsel Phillip Brown, Esq. and Kelly Oetinger, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

Petitioner met the burden of proof for both alleged violations: violation of the Declaration (not enforcing the 25ft setback) and violation of A.R.S. § 33-1805 (failing to provide documents). The petition was granted, and Respondent was ordered to reimburse the $1,000.00 filing fee.

Key Issues & Findings

Failure to provide documents

Respondent failed to produce documents requested by Petitioner, specifically meeting minutes discussing the investigative report, within the statutory timeframe, violating A.R.S. § 33-1805.

Orders: Respondent was found in violation of A.R.S. § 33-1805 and Declaration Section F. Respondent shall reimburse Petitioner’s filing fee of $1,000.00.

Filing fee: $1,000.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • Declaration Section F

Analytics Highlights

Topics: setback enforcement, document request, HOA governance, filing fee refund, A.R.S. 33-1805
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et al.
  • 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. § 33-1805
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 33-1804
  • Declaration Section F

Decision Documents

24F-H015-REL Decision – 1102948.pdf

Uploaded 2025-10-09T03:43:05 (53.9 KB)

24F-H015-REL Decision – 1116083.pdf

Uploaded 2025-10-09T03:43:05 (50.5 KB)

24F-H015-REL Decision – 1129495.pdf

Uploaded 2025-10-09T03:43:06 (148.2 KB)

Schafer, Kevin W. & Lawton, Patricia A. v. Sycamore Springs

Case Summary

Case ID 24F-H019-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-01-01
Administrative Law Judge Brian Del Vecchio
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kevin W. Schafer & Patricia A. Lawton Counsel Craig L. Cline
Respondent Sycamore Springs Homeowners Association, INC. Counsel Edith I. Rudder & Eden G. Cohen

Alleged Violations

ARIZ. REV. STAT. § 33-1808(B) & CC&Rs Design Guidelines Section II(O)
CC&Rs Design Guidelines Section III(A)

Outcome Summary

Petitioners prevailed on both filed issues: the Respondent's conditional approval of the flagpole violated CC&Rs and statute, and the Violation Notice regarding the building envelope was improper as Petitioners were found to be in compliance (17,451 sq ft vs. 22,000 sq ft maximum). Respondent was ordered to reimburse the $1,000 filing fee. Request for civil penalties was denied.

Key Issues & Findings

Conditional approval of portable flagpole

Respondent conditionally approved Petitioners' DMR for a portable flagpole, but the conditions placed (limiting height, restricting mobility, and requiring placement on the side of the house) were outside the authority granted by the CC&Rs and violated ARIZ. REV. STAT. § 33-1808, which protects the display of the American flag in front or back yards. Petitioner sustained burden of proof.

Orders: Respondent must abide by the statute; civil penalty denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1808(B)
  • CC&Rs Design Guidelines Section II(O)

Violation Notice regarding Building Envelope compliance

Respondent sent a Violation Notice claiming Petitioners' building envelope was 38,000 square feet, exceeding the 22,000 square foot maximum limit defined in DG § III(A). The evidence established Petitioners' actual building envelope was 17,451 square feet, based on a superior 'boots on the ground' survey, proving no violation occurred. Petitioner sustained burden of proof.

Orders: Petitioners' building envelope did not violate the CC&Rs maximum limit; civil penalty denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&Rs Design Guidelines Section III(A)

Analytics Highlights

Topics: homeowner dispute, flagpole, building envelope, selective enforcement allegation, CC&R violation, statute violation
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 33-1808
  • ARIZ. REV. STAT. § 32-2199.02(A)

Decision Documents

24F-H019-REL Decision – 1117050.pdf

Uploaded 2025-10-09T03:43:13 (47.1 KB)

24F-H019-REL Decision – 1121577.pdf

Uploaded 2025-10-09T03:43:13 (52.0 KB)

24F-H019-REL Decision – 1122554.pdf

Uploaded 2025-10-09T03:43:13 (46.1 KB)

24F-H019-REL Decision – 1128513.pdf

Uploaded 2025-10-09T03:43:13 (40.1 KB)

24F-H019-REL Decision – 1128831.pdf

Uploaded 2025-10-09T03:43:14 (149.8 KB)

John R Krahn Living Trust & Janet Krahn Living Trust v. Tonto Forest

Case Summary

Case ID 24F-H013-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-12-19
Administrative Law Judge Brian Del Vecchio
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

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge affirmed the Petitioner's petition, finding the Respondent violated ARIZ. REV. STAT. § 33-1805 by failing to provide requested financial records (check registers) within the mandated ten business days. The request for civil penalties was denied, but the Respondent was ordered to reimburse the $500.00 filing fee.

Why this result: Petitioner failed to provide sufficient evidence that Respondent's actions warranted the issuance of civil penalties.

Key Issues & Findings

Failure to provide association financial records (check registers) within 10 business days

Respondent failed to provide the requested check registers within the ten business day statutory requirement for requests made on December 1, 2022, and July 26, 2023. The first request was fulfilled on April 6, 2023, and the second on November 21, 2023.

Orders: The Administrative Law Judge affirmed the petition, concluded Respondent violated ARS § 33-1805, and ordered Respondent to reimburse Petitioner the $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

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

Analytics Highlights

Topics: HOA Records Request, Financial Records, Check Register, Timeliness Violation, Civil Penalties Denied
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 41-1092 et seq.

Decision Documents

24F-H013-REL Decision – 1115590.pdf

Uploaded 2025-10-09T03:43:03 (57.6 KB)

24F-H013-REL Decision – 1125702.pdf

Uploaded 2025-10-09T03:43:03 (127.1 KB)

Megan E Gardner v. Woodland Valley Ranch Property Owners Association,

Case Summary

Case ID 23F-H061-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-10-16
Administrative Law Judge Adam D. Stone
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Megan E Gardner Counsel
Respondent Woodland Valley Ranch Property Owners Association, Inc. Counsel Kyle A. von Johnson and Edith I. Rudder

Alleged Violations

CC&Rs, Article 3, Section G

Outcome Summary

The ALJ affirmed the petition, finding the Respondent HOA violated CC&Rs, Article 3, Section G by failing to provide 30 days' notice prior to the 2023 assessment increase. The Respondent was ordered to reimburse the Petitioner's filing fee.

Key Issues & Findings

Failure to provide 30-day notice for 2023 dues increase

The HOA increased annual dues from $200.00 to $240.00 effective 1/1/2023 due to a financial crisis caused by embezzlement, but failed to provide the required 30-day written notice as mandated by the CC&Rs. Although the increase was later refunded, the ALJ affirmed the petition finding the HOA failed to comply with the CC&Rs.

Orders: Petitioner's petition is affirmed. Respondent is ordered to reimburse Petitioner's $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&Rs, Article 3, Section G
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et al.

Analytics Highlights

Topics: HOA Dues Increase, Notice Violation, CC&R Violation, Embezzlement, Filing Fee Refund, Assessment Timing
Additional Citations:

  • CC&Rs, Article 3, Section G
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09

Decision Documents

23F-H061-REL Decision – 1077230.pdf

Uploaded 2025-10-09T03:42:21 (41.5 KB)

23F-H061-REL Decision – 1095389.pdf

Uploaded 2025-10-09T03:42:21 (44.3 KB)

23F-H061-REL Decision – 1095762.pdf

Uploaded 2025-10-09T03:42:21 (6.7 KB)

23F-H061-REL Decision – 1102356.pdf

Uploaded 2025-10-09T03:42:21 (110.9 KB)

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

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

Uploaded 2025-10-09T03:41:30 (47.3 KB)

23F-H043-REL Decision – 1081482.pdf

Uploaded 2025-10-09T03:41:30 (59.0 KB)

23F-H043-REL Decision – 1081483.pdf

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