25F-H006-REL

In case 25F-H006-REL, the Petitioners alleged that the Tonto Forest Estates Homeowners Association violated A.R.S. § 33-1803(D)(1) by attempting to enforce property restrictions that were not found in the community's Covenants, Conditions, and Restrictions (CC&Rs) [1]. Key Facts and Main Issues On or about August 12, 2024, Petitioner John Krahn received a "Friendly Reminder" notice from the Association instructing him to cut back a tree on his property [1, 2]. Krahn requested an appeal, but the Board never scheduled a hearing for him [3]. Another homeowner, Joseph Pizzicaroli, received a similar tree-trimming notice [3]. Krahn contested the notice, arguing that the governing documents contained no provisions regarding neighborhood "aesthetics" and noting that other properties in the community had similarly overgrown trees [3]. Krahn sought a $500 civil penalty, arguing the Association acted improperly [4]. In response, the Association's Board President, Dwight Jolivette, testified that the technical issues with the notices had been remedied and that the Association was not actually trying to collect fines from homeowners [4]. Final Outcome The Administrative Law Judge (ALJ) found that while the letter was merely a "Friendly Reminder" and not an official fine notice, it still failed to meet statutory requirements because it did not specify which section of the CC&Rs was violated or provide guidance on how far back the tree needed to be cut [2, 5]. As a result, the ALJ granted the petition and ordered the Association to strictly follow Arizona statutes [6]. The Association was ordered to reimburse the Petitioner’s $500 filing fee [6]. However, the judge declined to award the $500 civil penalty, finding the Board President's testimony credible that the Association would ensure future notices comply with statutory requirements [2, 6]. Case Details: - Case ID: 25F-H006-REL - Docket: 25F-H006-REL For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public ADRE/OAH records and may express opinions. Not affiliated with ADRE or the OAH. Read the full Legal & Terms: https://azhoawatch.org/legal