Tag Archives: 2025

Allan, Joseph P v. The Springs Condominiums Association

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Case Summary

Case ID 25F-H018-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-03-31
Administrative Law Judge Velva Moses-Thompson
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Joseph P. Allan Counsel —
Respondent The Springs Condominiums Association Counsel —

Alleged Violations

A.R.S. § 33-1258(A)

Outcome Summary

The Administrative Law Judge concluded that Petitioner met his burden of establishing by a preponderance of the evidence that Respondent violated A.R.S. § 33-1258(A). Petitioner was deemed the prevailing party, and Respondent was ordered to refund the $500.00 filing fee and comply with the statute in the future.

Key Issues & Findings

Failure to provide access to financial and other records within ten business days.

Respondent violated A.R.S. § 33-1258(A) by failing to allow Petitioner to examine original invoices for May 2024 (requested July 9, 2024) and bank statements from four accounts (requested September 23, 2024) within the required ten business days, despite receiving the requests through board members.

Orders: Respondent was ordered to pay Petitioner his filing fee of $500.00 within thirty (30) days and is directed to comply with the requirements of A.R.S. § 33-1258(A) going forward. No Civil Penalty was found appropriate.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258(A)
  • A.R.S. § 32-2199(1)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Analytics Highlights

Topics: HOA, records request, A.R.S. 33-1258, prevailing party, condominium association
Additional Citations:

  • A.R.S. § 33-1258(A)
  • A.R.S. § 32-2199(1)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Decision Documents

25F-H018-REL Decision – 1263777.pdf

Uploaded 2025-10-09T03:44:43 (48.3 KB)

25F-H018-REL Decision – 1288586.pdf

Uploaded 2025-10-09T03:44:44 (105.9 KB)

Miera Phx LLC v. Dartmouth Trace Homeowner Associations, Inc

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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)

Debbie Westerman v. Bridgewood Nine 30 Homeowners Association

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Case Summary

Case ID 25F-H029-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-03-12
Administrative Law Judge Samuel Fox
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debbie Westerman Counsel —
Respondent Bridgewood Nine 30 Homeowners Association Counsel Mark Lines

Alleged Violations

A.R.S. § 33-1258

Outcome Summary

The ALJ found that the documents Petitioner requested—specifically bills issued by Respondent’s counsel—were privileged communications under A.R.S. § 33-1258(B)(1). Because these documents were subject to the statutory exception, the Petitioner failed to meet her burden of proof that the Respondent violated the records request statute. Respondent was deemed the prevailing party.

Why this result: Petitioner failed to establish a violation because the requested records fell under the attorney-client privilege exception defined in A.R.S. § 33-1258(B).

Key Issues & Findings

Alleged violation of member's right to examine financial records regarding legal fees.

Petitioner sought statements from the HOA's law firm (Shaw and Lines) from 2015 onward, specifically seeking the numerical amounts paid in legal fees. The HOA failed to respond within ten business days. The HOA argued the requested bills were privileged communications and therefore exempt from disclosure under A.R.S. § 33-1258(B)(1).

Orders: Respondent was deemed the prevailing party in this matter.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(B)(1)

Analytics Highlights

Topics: records request, HOA records, condominium act, privileged communication, attorney-client privilege, legal fees
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(B)(1)

Decision Documents

25F-H029-REL Decision – 1282218.pdf

Uploaded 2025-10-09T03:45:02 (95.6 KB)

Millard C. and Samantha Finch v. Mountain Gate Community aka Copper

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Case Summary

Case ID 25F-H017-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2025-07-03
Administrative Law Judge Kay A. Abramsohn
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Samantha and Millard C. Finch Counsel —
Respondent Mountain Gate Community aka Copper Canyon Ranch Counsel B. Austin Baillio

Alleged Violations

A.R.S. § 32-2199.04

Outcome Summary

The Administrative Law Judge dismissed the Petitioners' Dispute Petition, concluding that Petitioners failed to prove any errors in the administration or rejection of evidence or errors of law during the previous administrative hearing, which was the sole basis for the rehearing.

Why this result: Petitioners failed to satisfy their burden of proof to show procedural or evidentiary errors as required by the limited scope of the rehearing granted by the Department of Real Estate. Arguments focused on disagreement with the findings of the original decision, which were outside the scope.

Key Issues & Findings

Error in the administration or rejection of evidence or other errors occurring during the proceeding

The rehearing was limited to determining if errors occurred during the previous proceeding regarding the admission or rejection of evidence or errors of law. Petitioners alleged improper use of A.R.S. § 33-1807 by the original ALJ and claimed their evidence was rejected or not considered. The ALJ found that Petitioners failed to meet the burden of proof.

Orders: Petitioners' Dispute Petition is Dismissed. The underlying ALJ Decision is binding.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.04
  • A.R.S. § 33-1807
  • A.R.S. § 33-1803

Analytics Highlights

Topics: Rehearing, Procedural Error, Evidence, A.R.S. 33-1807
Additional Citations:

  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • A.R.S. § 12-904(A)
  • A.R.S. § 33-1807
  • A.R.S. § 33-1803

Decision Documents

25F-H017-REL Decision – 1316094.pdf

Uploaded 2025-10-09T03:44:41 (51.5 KB)

25F-H017-REL Decision – 1325522.pdf

Uploaded 2025-10-09T03:44:41 (120.7 KB)

Deatta M. Pleasants v. Pinecrest Lake Property Owners Association,

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Case Summary

Case ID 25F-H021-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-02-20
Administrative Law Judge Sondra J. Vanella
Outcome total_loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Deatta M. Pleasants Counsel —
Respondent Pinecrest Lake Property Owners Association, Inc. Counsel David Onuschak

Alleged Violations

CC&R Rev 2022, Article II., Sec. I (alpha) 2. Maintenance and Repair, By the Association

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet the burden of proof to establish a violation of the CC&Rs by the Association. The Association maintained the underground culverts in accordance with Navajo County approved plans, and the evidence established the culverts were functioning as intended. Flooding experienced by the Petitioner was expected due to the lot's location in a FEMA Floodway during an exceptional storm (likely a 100-year event).

Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated the CC&R provision; the culverts were maintained and functioning as intended, and flooding was anticipated given the lot's location in a FEMA Floodway during the exceptional storm event.

Key Issues & Findings

The association will not repair the culvert (common area) to allow the ditch to drain.

Petitioner alleged the HOA violated CC&Rs by failing to repair or connect a culvert (common area), causing her lot located in a regulatory floodway to flood during a severe (100-year) storm in July 2021. The Respondent contended the drainage system was maintained, functioned as intended, and the flooding was due to the exceptional storm magnitude and the property's location in a floodway.

Orders: No action required of Respondent; Petitioner's Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • CC&R Rev 2022, Article II., Sec. I (alpha) 2

Analytics Highlights

Topics: HOA Dispute, CC&R Maintenance Violation, Drainage System, Culvert Maintenance, FEMA Floodway, 100-Year Storm, Civil Engineer Testimony
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • CC&R Rev 2022, Article II., Sec. I (alpha) 2
  • CC&Rs Rev. September 2022, Article 1, D.

Decision Documents

25F-H021-REL Decision – 1252432.pdf

Uploaded 2025-10-09T03:44:48 (52.5 KB)

25F-H021-REL Decision – 1275219.pdf

Uploaded 2025-10-09T03:44:48 (128.4 KB)

The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995 v.

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Case Summary

Case ID 24F-H049-REL, 24F-H055-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-01-21
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,500.00
Civil Penalties $500.00

Parties & Counsel

Petitioner The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995 Counsel —
Respondent The Summit at Copper Square Condominium Association Counsel Daryl Wilson

Alleged Violations

Declaration §§ 7.1, 7.12, 7.14
Declaration §§ 4.6.1, 4.6.2
Declaration §§ 3.3.1, 3.3.2, 4.13
A.R.S. § 33-1248(E), (F)
Declaration § 5.1

Outcome Summary

Petitioner was deemed the prevailing party regarding issues 2 (Puppy Potty) and 4 (Notice/Agenda). Respondent was ordered to pay Petitioner a filing fee refund of $1,000 and a Civil Penalty of $500 for Issue 2. Respondent prevailed on Issues 1, 3, and 5.

Why this result: Petitioner failed to meet the burden of proof on Issues 1, 3, and 5, often due to the Board's discretion being upheld (budget, maintenance pace) or failure to establish the circumstances constituted an actionable nuisance (news crew).

Key Issues & Findings

Inadequate budget and funding of reserves; improper withdrawal of reserve funds.

Petitioner alleged the HOA improperly borrowed reserves (~$390k) for operating expenses and failed to adopt an adequate budget for reserves. The Tribunal found the budget practices required only a reasonable estimate and that the reserve contributions had exceeded recommended levels as of July 2024.

Orders: Petitioner's claim denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Declaration § 7.1
  • Declaration § 7.12
  • Declaration § 7.14

Installation of 'puppy potty' on common elements.

Petitioner sought removal of a puppy potty installed on the roof (a common element) arguing it violated rules prohibiting pet structures on common elements and constituted a nuisance. The Tribunal found the puppy potty was a structure for the care of pets on common elements, violating Section 4.6.2.

Orders: Respondent is directed to remove the puppy potty structure, and a Civil Penalty of $500 is imposed.

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

Disposition: petitioner_win

Cited:

  • Declaration § 4.6.1
  • Declaration § 4.6.2

Allowing news crew use of common area.

Petitioner contested the HOA allowing a news crew in the common pool area during the 2023 baseball post-season. The Tribunal found the Declaration permits invitees (guests) and failed to establish the presence of the news crew was unreasonable, offensive, or infringed upon owner easements.

Orders: Petitioner's claim denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Declaration § 3.3.1
  • Declaration § 3.3.2
  • Declaration § 4.13

Failure to provide required notice and adequate information in agendas.

Petitioner alleged the HOA agendas failed to provide adequate information for meaningful resident comments, specifically concerning non-emergency topics like purchasing patio furniture. The Tribunal found evidence that the Board failed to include at least one non-emergency topic on the agenda.

Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1248 and its Community Documents going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1248(E)
  • A.R.S. § 33-1248(F)

Failure to maintain, repair, and replace Common Elements (structural damage/garage cracks).

Petitioner sought enforcement of maintenance obligations due to perceived slow pace (years of delay) in addressing structural cracks and water infiltration in the garage ceiling. The Tribunal acknowledged delays but noted the Board had engaged experts and was following their recommendations for monitoring and testing before the decision date.

Orders: Petitioner's claim denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Declaration § 5.1

Analytics Highlights

Topics: HOA, Condo, Reserves, Budget, Pets, Common Elements, Board Meetings, Notice, Structural Integrity
Additional Citations:

  • Declaration § 7.1
  • Declaration § 7.12
  • Declaration § 7.14
  • Declaration § 4.6.1
  • Declaration § 4.6.2
  • Declaration § 3.3.1
  • Declaration § 3.3.2
  • Declaration § 4.13
  • A.R.S. § 33-1248(E)
  • A.R.S. § 33-1248(F)
  • Declaration § 5.1

Decision Documents

24F-H049-REL Decision – 1214040.pdf

Uploaded 2025-10-09T03:44:15 (45.7 KB)

24F-H049-REL Decision – 1218977.pdf

Uploaded 2025-10-09T03:44:15 (46.3 KB)

24F-H049-REL Decision – 1218981.pdf

Uploaded 2025-10-09T03:44:16 (5.9 KB)

24F-H049-REL Decision – 1219895.pdf

Uploaded 2025-10-09T03:44:16 (40.5 KB)

24F-H049-REL Decision – 1235253.pdf

Uploaded 2025-10-09T03:44:16 (47.1 KB)

24F-H049-REL Decision – 1264402.pdf

Uploaded 2025-10-09T03:44:16 (277.9 KB)