Case Summary
| Case ID | 18F-H1817016-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2018-01-24 |
| Administrative Law Judge | Diane Mihalsky |
| Outcome | none |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Thomas J Stedronsky | Counsel | — |
|---|---|---|---|
| Respondent | Copper Canyon Ranches POA | Counsel | John S. Perlman, Esq. |
Alleged Violations
CC&Rs Section III (d) and (m)
CC&Rs Section VI (6.02, 6.03, 6.04, 6.05)
Outcome Summary
The Administrative Law Judge denied the Petitioner's petition entirely. The HOA did not violate CC&Rs regarding road maintenance or abuse its discretion in enforcement against Lot 77.
Why this result: Petitioner failed to meet the burden of proof by a preponderance of the evidence to establish that the Respondent violated its planned community documents.
Key Issues & Findings
Whether the Respondent has maintained the roadway Sundance Lane properly
Petitioner alleged Respondent violated CC&Rs by failing to properly maintain Sundance Lane. Respondent countered that limited funds necessitated prioritizing roads for full-time residents, but Sundance Lane was accessible.
Orders: Complaint regarding road maintenance dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- CC&Rs Section III
- A.R.S. § 41-2198.01
Whether Respondent has taken appropriate action against the owner of lot 77 in as much as that property allegedly resembles a junk yard
Petitioner alleged Lot 77 violated CC&Rs due to excessive storage and inoperable vehicles. Respondent showed it monitors the property, has written letters, and the owner has previously complied with HOA and County cleanup efforts.
Orders: Complaint regarding enforcement against Lot 77 dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- CC&Rs Section VI
- A.R.S. § 41-2198.01
Audio Overview
Decision Documents
18F-H1817016-REL Decision – 613995.pdf
Briefing: Stedronsky v. Copper Canyon Ranches POA
Executive Summary
This document synthesizes the findings from the Administrative Law Judge Decision in case number 18F-H1817016-REL, involving Petitioner Thomas J. Stedronsky and Respondent Copper Canyon Ranches Property Owners’ Association (POA). The Petitioner filed a two-issue petition alleging the POA violated its Covenants, Easements, Conditions and Restrictions (CC&Rs) by failing to properly maintain a roadway, Sundance Lane, and by failing to take appropriate action against a neighboring property, Lot 77, which allegedly resembled a junkyard.
The Administrative Law Judge (ALJ), Diane Mihalsky, denied the petition in its entirety. The decision found that the Petitioner failed to meet the burden of proof for both allegations. Regarding road maintenance, the ALJ concluded the POA acted within its reasonable discretion by prioritizing its limited funds ($35,000-$40,000 annually for 20 miles of roads) to maintain roadways used by the community’s approximately 35 full-time residents. Despite the poor condition of the northern section of Sundance Lane, the Petitioner’s lot remained accessible via a passenger car from the south.
Concerning Lot 77, the ALJ determined that the Petitioner did not establish a persistent violation of the CC&Rs. The evidence showed the POA had previously addressed complaints with the lot owner, who had been responsive. Furthermore, the alleged violations were largely located behind the required property buffer zone and were not easily visible from the Petitioner’s property without a telephoto lens. The decision suggests the Petitioner’s long-standing complaints were primarily motivated by his inability to sell his topographically challenging and undeveloped property.
Case Details
Case Information
Details
Case Number
18F-H1817016-REL
Petitioner
Thomas J. Stedronsky (Owner of Lot 76)
Respondent
Copper Canyon Ranches POA
Adjudicating Body
Office of Administrative Hearings, State of Arizona
Presiding Judge
Diane Mihalsky, Administrative Law Judge
Hearing Date
January 10, 2018
Decision Date
January 24, 2018
Final Order
The Petitioner’s petition was denied.
Core Issues
1. Whether the Respondent properly maintained the roadway Sundance Lane.
2. Whether the Respondent took appropriate action against the owner of Lot 77.
Detailed Analysis of Allegations
Allegation 1: Improper Roadway Maintenance of Sundance Lane
The Petitioner alleged that the POA failed to maintain Sundance Lane in accordance with the CC&Rs, particularly the northern section providing access to his Lot 76.
• Photographic Evidence: The Petitioner submitted photographs from September 2017 comparing well-maintained roads like Black Peak Parkway and Copper Hills Road with the poor condition of the northern portion of Sundance Lane near his property. These photos depicted the northern section as a “barely visible road running along the side of a steep hillside that is overgrown with vegetation and has a large number of large boulders.”
• Accessibility Issues: The Petitioner testified that in September 2017, he needed to rent a four-wheel drive truck to access his lot from the northeast via an unnamed road connecting to Sundance Lane.
• Plat Reference: The Petitioner submitted an undated and unsigned preliminary plat that stated “Roadbed 8” Native Gravel Fill Compacted to 95% Maximum Density,” but acknowledged this did not constitute an enforceable requirement for the POA.
• Admission of Access: The Petitioner acknowledged that his lot was usually accessible via passenger car from the southern end of Sundance Lane, where it connects with Black Peak Parkway.
• Testimony of Joe Wilson (POA President):
◦ Road Characteristics: Mr. Wilson described Sundance Lane as an “old two-track mining road from the 1940’s or 1950’s that has never been engineered that is too steep to be a perfect road.” He noted the northern part was rough but not impassable with four-wheel drive.
◦ Maintenance Schedule: The POA blades every roadway, including Sundance Lane, at least twice a year. Sundance Lane was bladed in September 2017 and December 2017. More intensive dozer work is sometimes performed on the worst roads.
◦ Prioritization of Resources: The POA board prioritizes maintenance on roads needed by the approximately 35 full-time residents to access their parcels. With an annual budget of only $35,000 to $40,000 to maintain 20 miles of roads, funds are used to better maintain the most traveled roadways.
◦ Financial Constraints: Blading all roads costs $15,000 to $20,000 per year. Paving all 20 miles would cost millions of dollars, requiring a prohibitive assessment of approximately $50,000 per parcel to raise just $1 million.
◦ Access Confirmation: Mr. Wilson testified that the resident of Lot 77 accesses his property from the south on Sundance Lane, and the Petitioner could access his lot from the south at any time. There are no residences that require access from the north side of Sundance Lane.
• Photographic Evidence: The POA submitted photos from December 2017 and January 9, 2018, showing Sundance Lane graded, passable, and cleared of vegetation following maintenance.
• Section III (d): Grants the POA authority to “Grade and maintain the roadways as needed, provide for proper drainage of roadways, install culverts where necessary.”
• Section III (m): Requires the POA to “maintain, care for, and otherwise manage the roadways…in as good condition (deterioration loss by damage due to environmental occurrences which cannot be reasonabl[y] avoided or insured against excepted)[.]”
• Section III (b): Authorizes acts “necessary, in the reasonable discretion of the Members, for the betterment of the Property and for the general benefit and welfare of the owners.”
Allegation 2: Failure to Enforce CC&Rs against Lot 77
The Petitioner alleged the POA failed to take appropriate action against the owner of neighboring Lot 77, Jerry Hamlin, for violations including inoperable vehicles and junk, creating a nuisance.
• Photographic Evidence: The Petitioner submitted photos of Lot 77 taken in September 2017, many with a telephoto lens. These photos showed multiple vehicles (some with hoods up), a backhoe, a trailer, and vehicle parts. Notations on the photos claimed vehicles were inoperable and had been sitting for years, though this was not apparent from the images themselves.
• Potential for Nuisance: The Petitioner testified to his belief that vehicles might be leaking oil and other fluids, potentially polluting the groundwater. He acknowledged he had no direct proof as he was unwilling to trespass.
• History of Complaints: The Petitioner acknowledged filing numerous complaints about Lot 77 with both the POA and Gila County over many years.
• Testimony of Joe Wilson (POA President):
◦ Enforcement Actions Taken: The POA has written letters to Mr. Hamlin in response to complaints, and Mr. Hamlin has removed vehicles and cleaned up the lot in the past.
◦ Owner’s Responsiveness: Mr. Hamlin has previously cooperated with the POA and Gila County. However, he expressed frustration with being “hassled” by the Petitioner’s continuing complaints after taking remedial action.
◦ Gila County Dismissal: A complaint filed by the Gila County Community Development Division against Mr. Hamlin was dismissed on November 6, 2013, after an inspector determined the property was “no longer in violation of Gila County Zoning Ordinances.”
◦ Condition of Vehicles: Mr. Hamlin stated to Mr. Wilson that all vehicles on the property were operable. Mr. Wilson noted that in rural areas, vehicle hoods are often left open to prevent vermin from nesting in the engine.
◦ Strategic Enforcement: The POA prefers not to take a “heavy hand” with Mr. Hamlin, as he is the “sort of man who would dig in his heels,” potentially leading to costly litigation that would deplete funds for road maintenance.
◦ Limited Enforcement Power: The POA’s primary enforcement mechanisms are writing letters and, after three failures to comply, liening the property.
• Photographic Evidence: The POA submitted recent photos showing the area was cleaner (a tire seen in the Petitioner’s photo had been removed) and that, from a distance without a telephoto lens, there were no apparent CC&R violations.
• 6.03 Storage: Allows up to 5% of a parcel for unenclosed storage, provided it is neat, orderly, and maintained at least 100 feet from the nearest property line.
• 6.04 Inoperable Vehicles and Equipment: Prohibits the repair or storage of more than one unregistered, inoperable motor vehicle within property boundaries.
• 6.05 Hazardous Materials and Nuisances: Prohibits storage of hazardous materials in a way that constitutes a fire hazard or nuisance.
Underlying Context: Petitioner’s Motivation and Property Challenges
The hearing evidence strongly suggests the Petitioner’s complaints were linked to his long-term inability to sell his unimproved 15-acre parcel, Lot 76.
• History of Complaints: The Petitioner sent numerous letters to the POA between 2012 and 2017, explicitly stating that the condition of Sundance Lane and the “junk on Lot 77” were preventing him from selling the property. A 2009 letter complained about the amount of the annual assessment due to his fixed income.
• POA’s Perspective: A September 27, 2017, letter from the POA to the Petitioner stated: “You have been complaining to the POA since 2009 about your inability to sell your property. … You sir are the only one blaming the POA and your neighbors for your inability to sell an undesirable property.”
• Property Characteristics: The Petitioner’s Lot 76 is located at the top of a steep, rocky hill. The POA President testified that it would be “difficult to build” on the lot, as it has “no level place on which to construct a building pad” and would require a “significant amount of bulldozer work.”
• Development Plans: While the Petitioner stated he would like to build a house, he had never planned construction dates or performed a percolation test. His proposed building site was located as close as possible to Lot 77’s garage.
Administrative Law Judge’s Conclusions and Final Order
The ALJ denied the petition, finding the Petitioner failed to prove his case by a preponderance of the evidence.
• Regarding Sundance Lane: The ALJ concluded that the POA did not abuse its discretion. Its decision to prioritize maintenance on roads used by full-time residents was deemed reasonable given its limited financial resources. The fact that Lot 76 remained accessible via passenger car from the southern end of Sundance Lane was a key factor.
• Regarding Lot 77: The ALJ concluded that the Petitioner failed to establish that there was more than one inoperable vehicle on Lot 77 or that other violations were more than a “transitory condition.” The decision notes that the POA monitors the lot and that the owner is “generally responsive.” Crucially, the ALJ found that the vehicles and storage on Lot 77 “occur behind the buffer zone and are not easily visible from Petitioner’s Lot 76 without binoculars or a telephoto lens.”
The Administrative Law Judge ordered that the Petitioner’s petition be denied. This order is binding on the parties unless a rehearing is granted.