Tag Archives: ARIZ. REV. STAT. § 32-2199 et seq.

Cross Creek Ranch Community Association v. Turquoise Textures, LLC

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Case Summary

Case ID 25F-H005-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-12-16
Administrative Law Judge Nicole Robinson
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Cross Creek Ranch Community Association Counsel —
Respondent Turquoise Textures, LLC Counsel —

Alleged Violations

CC&Rs Article 3, Section 3.1.3; Article 7, Section 7.5

Outcome Summary

The Administrative Law Judge granted the petition filed by the Cross Creek Ranch Community Association, finding that Turquoise Textures, LLC violated CC&Rs Article 3, Section 3.1.3 and Article 7, Section 7.5 by clear cutting old growth trees and vegetation in violation of approved plans. Respondent was ordered to reimburse the $500 filing fee and comply with governing documents.

Key Issues & Findings

Violation of Covenants, Conditions, and Restrictions (CC&Rs) by clear cutting old growth trees and vegetation contrary to approved plans.

Petitioner alleged Respondent clear cut approximately 30 old growth trees and native vegetation, violating approved plans and governing documents, and presenting a nuisance. The Administrative Law Judge concluded that Petitioner sustained its burden of proof that Respondent violated the Association’s governing documents, regardless of whether Respondent directed the general contractor, and granted the petition.

Orders: Respondent ordered to reimburse Petitioner's filing fee of $500.00 in certified funds and henceforth comply with the provisions of the governing documents.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • 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.

Analytics Highlights

Topics: HOA violations, ARC approval, clear cutting, landscaping, governing documents, filing fee reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • 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.

Decision Documents

25F-H005-REL Decision – 1246254.pdf

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25F-H005-REL Decision – 1252576.pdf

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25F-H005-REL Decision – 1252586.pdf

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AZNH Revocable Trust V. Sunland Springs Village Homeowners Association

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Case Summary

Case ID 24F-H047-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-11-05
Administrative Law Judge Kay A. Abramsohn
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner AZNH Revocable Trust Counsel John F. Sullivan
Respondent Sunland Springs Village Homeowners Association Counsel Chad M. Gallacher

Alleged Violations

ARIZ. REV. STAT. § 33-1812(A)(7)

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was in compliance with ARIZ. REV. STAT. § 33-1812(7) by providing the electronic data lists received from the voting vendor (Vote HOA Now), as the statute requires storage of 'electronic votes' not necessarily 'electronic ballots' (images).

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Key Issues & Findings

Failure to provide voting records (electronic ballots) for inspection

Petitioner alleged the Association failed to provide all voting materials, specifically images of each actual online ballot, in response to the February 28, 2024, inspection request, arguing this violated ARIZ. REV. STAT. § 33-1812(A)(7).

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • 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.

Analytics Highlights

Topics: Voting Records, Electronic Voting, HOA Records Inspection, Statutory Interpretation, ARS 33-1812
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • 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. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.04

Decision Documents

24F-H047-REL-RMD Decision – 1240168.pdf

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24F-H047-REL-RMD Decision – 1330098.pdf

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24F-H047-REL-RMD Decision – 1330115.pdf

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Jesse Freeman v. Millett Ranch Homeowners’ Association

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Case Summary

Case ID 24F-H035-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-08-09
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jesse Freeman Counsel —
Respondent Millett Ranch Homeowners’ Association Counsel Augustus H. Shaw IV, Esq.

Alleged Violations

Bylaws Article II, Section 8, as amended October 18, 2000

Outcome Summary

The Administrative Law Judge determined that Petitioner failed to sustain the burden of proof required to show the Association violated the purported Bylaws amendment, and therefore, the petition was denied.

Why this result: Petitioner failed to prove the validity or implementation of the purported Bylaws amendment, and the language of the amendment itself was found not to be compulsory in requiring a subsequent meeting.

Key Issues & Findings

Alleged failure to hold a second and subsequent meeting of the membership with a diminished quorum.

Petitioner alleged the Association violated its Bylaws by failing to hold a second meeting with a diminished 15% quorum after failing to meet the initial 25% quorum at the Annual Meeting on January 16, 2024, despite a motion and second being made to adjourn and reset the meeting.

Orders: Petitioner's petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. Title 33, Chapter 16, Article 1
  • ARIZ. REV. STAT. § 33-1802(4)
  • ARIZ. REV. STAT. § 33-1802(1)
  • 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. § 41-1092.09
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Analytics Highlights

Topics: HOA Bylaws, Quorum, Annual Meeting, Burden of Proof, Invalid Document, Continuance
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. § 33-1802(1)
  • ARIZ. REV. STAT. § 33-1802(4)
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. Title 33, Chapter 16, Article 1
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Decision Documents

24F-H035-REL Decision – 1163387.pdf

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24F-H035-REL Decision – 1163395.pdf

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24F-H035-REL Decision – 1165696.pdf

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24F-H035-REL Decision – 1165699.pdf

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24F-H035-REL Decision – 1179128.pdf

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24F-H035-REL Decision – 1179136.pdf

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24F-H035-REL Decision – 1209016.pdf

Uploaded 2025-10-09T03:43:46 (146.3 KB)

Jeffrey Connell & Corey Cox v. Casa Del Monte, INC.

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Case Summary

Case ID 24F-H024-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-20
Administrative Law Judge Jenna Clark
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jeffrey Connell & Corey Cox Counsel Ross Meyer, Esq.
Respondent Casa Del Monte, Inc. Counsel Solomon Krotzer, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1248

Outcome Summary

The Administrative Law Judge denied the Petitioners' petition, concluding they failed to meet their burden of proving a violation of ARIZ. REV. STAT. § 33-1248 regarding the May 19, 2023, Executive Board Meeting.

Why this result: Petitioners failed to prove the statutory violation by a preponderance of the evidence, as the Executive Session was deemed appropriate for receiving legal advice or conducting discussion related thereto, which falls under ARIZ. REV. STAT. § 33-1248(A)(1).

Key Issues & Findings

Alleged violation of open meeting law concerning Executive Board Meeting on May 19, 2023

Petitioners alleged the Association violated ARS § 33-1248 by improperly conducting business (Code of Conduct review and vote on minutes) in a closed Executive Session on May 19, 2023, and by failing to provide 48-hour notice.

Orders: Petitioners' petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)

Analytics Highlights

Topics: HOA Open Meeting Law, Executive Session, Legal Advice Exception, Code of Conduct, Burden of Proof, Condominium Association Statute, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • 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.

Decision Documents

24F-H024-REL Decision – 1138580.pdf

Uploaded 2025-10-09T03:43:21 (54.3 KB)

24F-H024-REL Decision – 1144884.pdf

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24F-H024-REL Decision – 1146526.pdf

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24F-H024-REL Decision – 1161533.pdf

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24F-H024-REL Decision – 1179547.pdf

Uploaded 2025-10-09T03:43:22 (132.9 KB)

Laura R. Braglia V. Palo Verde Estates Homeowners Association, INC.

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Case Summary

Case ID 24F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-17
Administrative Law Judge Jenna Clark
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Laura R. Braglia Counsel —
Respondent Palo Verde Estates Homeowners Association, Inc. Counsel Jacqueline Zipprich

Alleged Violations

ARIZ. REV. STAT. § 33-1258

Outcome Summary

The ALJ granted the petition after finding that the Respondent HOA violated ARIZ. REV. STAT. § 33-1258 by failing to fulfill a records request within the statutory ten business days. The HOA was ordered to reimburse the Petitioner's $500 filing fee and comply with the statute, but was not assessed a civil penalty.

Key Issues & Findings

Whether Respondent violated ARIZ. REV. STAT. § 33-1258 because the “HOA has not complied witha [sic] formal records request … regarding damage to homeowner's unit.”

Respondent received Petitioner's records request on November 28, 2023, but did not comply until February 13, 2024, nearly two months later. The Tribunal found no viable justification for the delay, establishing a violation of the statute.

Orders: Petitioner's petition is granted. Respondent must reimburse the $500 filing fee in certified funds and must henceforth comply with ARIZ. REV. STAT. § 33-1258. No civil penalty was assessed.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1258

Analytics Highlights

Topics: records request, statutory violation, HOA transparency, filing fee reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.

Decision Documents

24F-H032-REL Decision – 1162594.pdf

Uploaded 2025-10-09T03:43:41 (51.3 KB)

24F-H032-REL Decision – 1167907.pdf

Uploaded 2025-10-09T03:43:42 (184.7 KB)

VVE-Casa Grande Home Owners Association v. Duane S & Mary L Eitel

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Case Summary

Case ID 24F-H003-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-02-22
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner VVE-Casa Grande Home Owners Association Counsel Anthony Rossetti, Esq.
Respondent Duane Eitel & Mary Eitel Counsel Kevin Harper, Esq.

Alleged Violations

CC&Rs Article VII, sections 7.2, 7.3, 7.25, 7.26, 7.28, 7.29, and 7.31

Outcome Summary

Petitioner sustained its burden of proof establishing that Respondents violated CC&Rs sections 7.2, 7.3, 7.25, 7.26, 7.28, and 7.31 by operating a cat rescue business (VKNR) from their residence, which involved unauthorized commercial activity, excessive non-pet animals, and creating a nuisance. Violation of 7.29 was not established. The petition was granted.

Key Issues & Findings

Violation of CC&Rs by operating an unauthorized business out of their home and housing dozens of cats in excess of a reasonable number of household pets, creating a nuisance.

Respondents operated a nonprofit cat rescue (VKNR) from their single-family residence, housing 50+ cats in a 3-car garage, which constituted an unauthorized commercial use, exceeded a reasonable number of pets, and created traffic and waste nuisances.

Orders: Petitioner's petition is granted. Respondents must henceforth abide by CC&Rs sections 7.2, 7.3, 7.25, 7.26, 7.28, and 7.31.

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

Disposition: petitioner_win

Cited:

  • CC&Rs section 7.2
  • CC&Rs section 7.3
  • CC&Rs section 7.25
  • CC&Rs section 7.26
  • CC&Rs section 7.28
  • CC&Rs section 7.31

Analytics Highlights

Topics: Home Business, Pets/Animals, Nuisance, CC&Rs, Enforcement, HOA
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. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Decision Documents

24F-H003-REL Decision – 1094853.pdf

Uploaded 2025-10-09T03:42:37 (51.0 KB)

24F-H003-REL Decision – 1113338.pdf

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24F-H003-REL Decision – 1125372.pdf

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24F-H003-REL Decision – 1147484.pdf

Uploaded 2025-10-09T03:42:38 (184.8 KB)

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

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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

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24F-H019-REL Decision – 1121577.pdf

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24F-H019-REL Decision – 1122554.pdf

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24F-H019-REL Decision – 1128513.pdf

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24F-H019-REL Decision – 1128831.pdf

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

Thomas P Hommrich v. The Lakewood Community Association

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Case Summary

Case ID 24F-H009-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-11-09
Administrative Law Judge Brian Del Vecchio
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Thomas P. Hommrich Counsel —
Respondent The Lakewood Community Association Counsel Quinten Cupps, Esq.

Alleged Violations

Section 2.1 of the Declaration of Covenants, Conditions, Restrictions, and Easements (CC&Rs)

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's petition, finding that the Petitioner failed to prove that the Association violated CC&Rs Section 2.1 by adopting the Residential Parking Policy. The Policy was deemed a valid clarification authorized by existing CC&R provisions (4.2(t) and 5.3).

Why this result: Petitioner failed to meet the burden of proof required to establish a violation of the governing documents.

Key Issues & Findings

Violation of CC&Rs Section 2.1 regarding adoption of Residential Parking Policy

Petitioner alleged that the Association's adoption of the Residential Parking Policy violated CC&Rs Section 2.1 because the policy used the unauthorized term 'Rules and Regulations' rather than 'restrictions,' thereby attempting to amend the CC&Rs without following the proper process, particularly concerning the use of government-owned property.

Orders: Petitioner's petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • 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. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass’n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Analytics Highlights

Topics: HOA, CC&Rs, Parking Policy, Rules vs Restrictions, Burden of Proof, Planned Community
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. § 41-1092.09
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass’n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Decision Documents

24F-H009-REL Decision – 1101544.pdf

Uploaded 2025-10-09T03:42:54 (47.0 KB)

24F-H009-REL Decision – 1111460.pdf

Uploaded 2025-10-09T03:42:54 (102.6 KB)

Virginia Guest v Bella Tierra Community Association

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Case Summary

Case ID 24F-H007-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-11-08
Administrative Law Judge Brian Del Vecchio
Outcome partial
Filing Fees Refunded $1,500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Virginia Guest Counsel —
Respondent Bella Tierra Community Association Counsel Nicholas C. S. Nogami, Esq.

Alleged Violations

CC&Rs § 5.1, ARIZ. REV. STAT. § 33-1803

Outcome Summary

The petition was granted in part and denied in part. Petitioner won the claim regarding the unauthorized certified letter charges, resulting in removal of the charges and a $500.00 fee refund. Petitioner lost the claims regarding the animal restriction (chickens are banned fowl) and the failure to engage in mediation (ADR provision 9.15 was inapplicable).

Why this result: Petitioner failed to prove violations of CC&Rs § 9.1.1 and CC&Rs § 9.15. Chickens are banned as birds/fowl under CC&Rs § 3.3, and the mediation clause only applies to disputes involving Declarant Parties, not general homeowner disputes.

Key Issues & Findings

Wrongfully charging costs of certified letters/appeal response as a balance forward

Petitioner alleged Respondent wrongfully forwarded the cost of sending certified letters (categorized as a 'balance forward') onto her account without authority in the CC&Rs, violating rules for imposing fines.

Orders: Respondent ordered to pay Petitioner $500.00 of her filing fee and remove the balance forward associated with certified letter costs from her assessment.

Filing fee: $1,500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • CC&Rs § 5.1
  • ARIZ. REV. STAT. § 33-1803

Analytics Highlights

Topics: animal restriction, HOA enforcement, certified mail fee, dispute resolution, fines
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 33-1803
  • CC&Rs § 9.1.1
  • CC&Rs § 3.3
  • CC&Rs § 9.15
  • CC&Rs § 5.1

Decision Documents

24F-H007-REL Decision – 1095892.pdf

Uploaded 2025-10-09T03:42:47 (55.6 KB)

24F-H007-REL Decision – 1111192.pdf

Uploaded 2025-10-09T03:42:47 (104.5 KB)

Kristeen L. Herron v. The Villages at Rancho El Dorado Homeowners

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Case Summary

Case ID 24F-H001-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-10-16
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Kristeen L. Herron Counsel —
Respondent The Villages at Rancho El Dorado Homeowners Association Counsel Lydia Linsmeier

Alleged Violations

CC&Rs Article 4.4

Outcome Summary

The Administrative Law Judge concluded that Petitioner failed to establish a violation of Article 4.4 of the CC&Rs, finding that the Association's regulation of the lap pool temperature was authorized and reasonable, and dismissed the petition.

Why this result: Petitioner failed to sustain her burden of proof by a preponderance of the evidence that the Association violated CC&Rs Article 4.4. Petitioner's preference for warmer water did not establish discrimination or a rule violation.

Key Issues & Findings

Whether The Villages at Rancho El Dorado Homeowners Association (Respondent) is in violation of CC&Rs Article 4.4 for “turning off the lap pool heater … [f]or approximately one month” which Petitioner further alleges constitutes discrimination against senior residents.

Petitioner alleged the HOA violated CC&Rs Article 4.4 by turning off the lap pool heater around mid-April 2023, making the temperature too cold for her use and constituting discrimination against senior residents who rely on the pool for exercise. The ALJ found Petitioner failed to prove a violation of CC&Rs Article 4.4 or age-based discrimination.

Orders: Petitioner's petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs Article 4.4
  • The Villages at Rancho El Dorado RULES & REGULATIONS 3.5.7(e)
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. ADMIN. CODE R2-19-119

Analytics Highlights

Topics: HOA Dispute, CC&R Violation, Pool Heating, Discrimination Claim, Common Area Use, Burden of Proof, Planned Community
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. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)
  • ARIZ. ADMIN. CODE R2-19-106
  • ARIZ. ADMIN. CODE R2-19-119
  • CC&Rs Article 4.4
  • CC&Rs 8.2(c)(12)
  • The Villages at Rancho El Dorado RULES & REGULATIONS 3.5.7
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)

Decision Documents

24F-H001-REL Decision – 1089588.pdf

Uploaded 2025-10-09T03:42:33 (52.0 KB)

24F-H001-REL Decision – 1102316.pdf

Uploaded 2025-10-09T03:42:33 (136.7 KB)