2023A-08576-CHC-ROC Notice of Hearing & Packet MAILED 2023-08576.pdf

2023A-08576-CHC-ROC · Registrar of Contractors · 2024-06-06

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Valori Roy , Case No. 2023-08576

COMPLAINANT, Docket No. 2023A-08576-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Courtland Communities LLC License No. ROC 271575,

RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

July 23, 2024 1:00 PM Jenna Clark Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on May 13, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated June 6, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Secretary Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail June 6, 2024 to:

Respondent(s) Courtland Communities LLC 19820 N 7th St. Ste. 200 Phoenix, AZ 85024

Respondent's Attorney James E Holland Jr, Esq. 1850 N Central Ave Ste 2100 Phoenix, AZ 85004 Complainant(s) Valori Roy 22409 W Max Dr. Wittmann, AZ 85361

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Respondent’s Attorney at email address of record with Registrar Complainant at email address on record with the Registrar

Case No. 2023-08576 /

Katie Hobbs, Governor Martin Quezada, Director

Hearing Packet FAQ What is the Hearing Packet?

The Hearing Packet is a packet of certain documents collected or issued by the Registrar over the course of its investigation.

Who gets the Hearing Packet?

The Hearing Packet is assembled and distributed to all parties and to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing.

What types of cases does the Registrar prepare a Hearing Packet for?

The Registrar prepares a Hearing Packet for Complainant-Handled Cases and No-Pay Cases. Note: If the Docket Number on the Notice of Hearing contains a “CHC” or “NPC”, your case is a Complainant-Handled Case or a No-Pay Case.

What is in the Hearing Packet?

The Hearing Packet contains essential case-specific documents and at a minimum will include the following documents:

● Original complaint;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

● Citation; and ● Answer.

The Hearing Packet will also contain the following documents (if applicable):

● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos.

What if there are documents missing from the Hearing Packet?

If there is any evidence you submitted to the Registrar that are not included in the Hearing Packet it is your responsibility to introduce that evidence at the administrative hearing. Note: The administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to:

● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Katie Hobbs, Governor Martin Quezada, Director

How do I disclose evidence I intend to use at a Hearing?

You must properly disclose any and all documents and witnesses you intend to use at your hearing according to the Registrar’s Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118.

A sample prehearing disclosure form and instructions are provided to the parties by the Registrar.

How do I obtain documents I previously submitted to the Registrar?

If you previously submitted documents to the Registrar and need a copy of these documents, please contact the Registrar’s Legal Department or submit a public records request at https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complainant: Valori Roy 22409 W Max Dr Wittmann, AZ 85361

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Respondent: Courtland Communities LLC 19820 N 7th St Ste 200 Phoenix, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 August 3, 2023

Jobsite Inspection Notice Re: Complaint Number 2023-08576

Dear Complainant and Respondent:

A formal complaint has been filed with the Arizona Registrar of Contractors.

A jobsite inspection is scheduled for August 7, 2023 at 11:00 AM. The Complainant is required to be present. The Respondent’s attendance is requested and encouraged. The Registrar encourages both parties to make a good faith effort to resolve this complaint prior to the jobsite inspection.

COMPLAINANT: 1. Under A.R.S. § 32-1155(D)(1), the Respondent must be allowed, upon request, the opportunity to inspect the work complained of within fifteen (15) days of receiving this notice. If Respondent is not provided an opportunity to inspect the work within the fifteen (15) day time period, the Registrar may be prohibited from taking further action on this complaint. 2. The Registrar may also be precluded from taking further action on this complaint, if the work that is the subject of the complaint is subject to neglect, modification, or abnormal use. A.R.S. § 32-1155(D)(2) 3. You must provide safe access to any area to be inspected. If access to a roof or other elevated area is required, you must provide a means to safely access the area (ladder or manlift as appropriate). Additionally, please secure any animals.

RESPONDENT: 1. Enclosed is a copy of the complaint. Under A.R.S. § 32-1155(D) you must be allowed, upon request, the opportunity to inspect the work complained of within fifteen days of the date of receipt of this notice. 2. To assist the assigned investigator in evaluating the merits of the complaint, please submit a response to the enclosed complaint to the assigned investigator prior to the scheduled inspection. 3. If you do not attend the jobsite inspection, your absence may negatively impact the investigation, and your interests. 4. If a building permit(s) was required for this project, please have the building permit information available at the jobsite inspection.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 If either party needs to reschedule the jobsite inspection, please notify the assigned investigator at least three business days prior to the inspection date to schedule a new date and time.

If the parties resolve the complaint prior to the inspection, please notify the assigned investigator in writing and by phone as soon as possible.

Sincerely,

TtÜÉÇ ^|Çz Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Jobsite Inspections

Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license alleging poor workmanship, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

Jobsite Inspection Rights and Responsibilities Access to inspect: The property owner has complete control over who they allow on the property. However, if the Registrar’s investigator or the contractor cannot inspect the work, the Registrar will not move forward with a citation.

Cooperation: Arizona law enables injured parties to seek relief for damages through several paths. When dealing with a licensed contractor, the Registrar of Contractors’ administrative complaint process may serve as one of those possible paths. However, in order to use that path, the Registrar relies on the cooperation of all parties to a complaint.

Minimum workmanship: The Registrar investigates workmanship complaints for compliance with minimum workmanship and professional industry standards. The Registrar does not issue citations for work that meets these standards.

Scope: The scope of the Jobsite Inspection is limited to items listed in the complaint filed with the Registrar’s office. It is the complainant’s responsibility to point out the complaint item(s) and the Investigators role to review the item(s). If the complainant identifies additional workmanship items not listed in the original complaint, they must file an addendum to the complaint. The Registrar’s Investigator may identify additional administrative violations by the contractor (e.g. work performed out of scope of the license and failure to provide a contract that meets requirements set by Arizona law) at the time of the inspection.

The Role of the Investigator At the Jobsite Inspection, the Registrar’s investigator will: ● Only investigate the items listed on the complaint form filed with the Registrar. ● Will gather evidence to make an informed decision about the complaint items.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will leave the jobsite and review the evidence provided during the inspection. Generally, the investigator does not make any determination at the time of the jobsite inspection regarding whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Questions? If you have already filed a complaint and it was assigned to an investigator, you are encouraged to contact that investigator directly with the information listed in your jobsite inspection letter. If you have not filed a complaint yet or have not been assigned an investigator, you can reach the Registrar’s compliance department at (877) 692-9762. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 A Guide to Written Directives Purpose of the Jobsite Inspection When the Registrar receives a complaint against a contractor’s license, the Registrar generally schedules a Jobsite Inspection. The Jobsite Inspection serves two purposes: 1. To give the contractor an opportunity to inspect the complaint items; and 2. To give the Registrar an opportunity to determine if the contractor’s work violates Arizona law.

What to expect after a Jobsite Inspection After doing a Jobsite Inspection, the Registrar’s Investigator will determine whether the allegations listed in the complaint are supported. ● If the allegations are confirmed, the Registrar’s Investigator may issue a Written Directive telling the contractor to correct the poor or incomplete work. ● If the allegations are not confirmed, the Registrar’s Investigator will close the complaint.

Written Directives Access: In order to use the administrative process offered by the Registrar, a property owner must provide reasonable access to allow the contractor to fix their work as directed by the Registrar in a Written Directive. Complainants may not put any additional, unnecessary restrictions on the Respondent above and beyond the initial contract requirements agreed upon at the beginning of the project. Respondents are required to make repairs on items identified on any Written Directive, not otherwise restricted by local code or HOA limitations. Complainants must make access available to the Respondent to make the required repairs and failure to provide reasonable access may result in the Registrar dismissing the complaint.

Contractor obligations: The Written Directive will set a deadline for compliance. This is the period of time determined by the Investigator as necessary to complete the items listed in the Directive. ● The deadline for compliance assumes the contractor will promptly begin working on the items listed in the Directive. ● Do not wait. Both parties should communicate quickly to schedule the work.

Extensions: If good cause exists to extend this deadline, either party may submit a written request to the Investigator. The Registrar will review requests for extension and determine if the Directive should be extended.

Manner and method of performance: The Registrar does not provide specific instructions for how to correct poor work. A licensed contractor is expected to have the skill and professionalism to complete the work. Moreover, the complainant may not dictate the manner of repair. If the contractor fails to appropriately correct the work according to the contract, the Registrar will issue a citation.

Compliance Inspection: After the Written Directive expires, the Registrar’s Investigator will contact the complainant to determine if the contractor performed any corrective work. ● If the contractor did corrective work, the Investigator may schedule a Compliance Inspection to determine if the poor work is corrected. ● If the contractor did not perform any corrective work, the Registrar’s Investigator will not do a Compliance Inspection and will determine whether to issue a citation based on the administrative record.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C008 05/21 Work performed after the directive ends: After the Directive period ends, a property owner may choose to allow the contractor to continue its work. The Registrar encourages parties to work cooperatively, but cannot require a homeowner to continue to allow a contractor access to the property after the Directive period ends in order for the administrative process to continue. Denying access after the Directive ends is not grounds to close or dismiss a complaint.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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JSI PHOTOS Jobsite Inspection Notes

Case No.: 2023-08576 Investigator: Aaron King Inspection Date: August 7, 2023 Inspection Time: 11:00 AM

Complainant: Valori Roy Respondent: Courtland Not Present: Communities LLC Not Present:

Jobsite General Notes: JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Olympus Digital Voice Recorder model DM-720. JSI photos and audio have been placed into the ROC complaint file.

Complaint Item: 1. Air conditioner (AC) runs 24/7 does not get down to cool temp. AC tech (Chas Roberts) came out to inspect and found nothing, told us it was normal for the AC to run nonstop. Tech did replace air returns in other rooms where there was no problem. The AC continued to run nonstop, never gets down to temp, called out another licensed and insured AC company for second opinion, that AC tech found several problems including the coil in the blower fan bad, improper installation of ductwork, ducting wrapped around raftors, kinked and smashed ductwork into owner's suite (the hottest room) . The Chas Roberts tech also bad mouthed Courtland about Courtland being cheap and doing the bare minimum, the tech tried to sell us upgrades and mini splits, the AC tech also stated they were quitting. This issue was pointed out in the pre-possession home inspection and the builder did not correct then. We contacted Courtland to get the problem fixed, Chas Roberts tech claimed the second opinion company made alterations to the AC unit, we told them it was an inspection and a second opinion, 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Chas Roberts and Courtland now are refusing to come and fix the problem AC. We invited Chas Roberts and Courtland to come and inspect the AC unit to see that no work was done, but both are still refusing to come and fix. ; Investigator’s Observation: Unit should cool structure 30 degrees lower than outside air temperature when measured in center of room at 5' height. Minimum indoor temperature should be 78 degrees. The thermostat was set at 78 degrees and the exterior temperature was 113 degrees. Air temp at 5 feet high and center of room was approximately 81 degrees which is within tolerance. In the attic the panel was removed and as the system ran, the coils were identified as not functioning correctly by Chas Roberts’s tech. One row of coils were warm to the touch while the second row were cold. The Respondent needs to identify the problem and correct by appropriate means. Additionally there were kinked ducts that were severely restricted that need to be corrected by the appropriate means. There was no evidence shown to confirm that any additional work had been done on the HVAC system that would support ARS 32-1155(D) for modification by another trade work. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 2. Owner's suite: floor not level, you can the high/low spots when walking around the room. This was called out in pre-possession move in, still not fixed (pics available). The carpet has been pulled up twice - now you can see gaps by the wall and you can see the seams of the carpet. Same with carpet padding, came out once as pieces were missing and bunched, padding underneath still not fixed Investigator’s Observation: Gaps between the carpet and baseboard were evident. Noticeable humps in the carpet were felt in master bed and closet. Seams did not appear abnormal and did not need correction. The Respondent had indicated this was being addressed by them soon. Respondent shall correct by appropriate means.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 3. Same in the owner's walk-in closet. Builder claimed the concrete company fixed however still noticeably uneven.; Investigator’s Observation: Confirmed, humps felt in closet and are noticeable by walking into it. Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 4. Bedroom 2: wall outlet/data jack are in the wrong location, baseboards missing silicone and paint. Investigator’s Observation: Confirmed, Respondent noted that they have already scheduled the repair work. Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 5. Hinge pin in the door is bent causing door to stick and squeak.; Investigator’s Observation: Complainant noted this item is repaired. Governing Rule: N/A

Complaint Item: 6. Bedroom 4: Paint touchups in closet; baseboards missing silicone and paint. silicone air return by door; Investigator’s Observation: Respondent agreed to do the warranty work on this home to include the caulk at baseboards and paint touch ups. Caulking at air returns is not required. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Complaint Item: 7. Hallway blinds need to be fixed; window scratched; windows need to be re-caulked; window frame looks cracked.; Investigator’s Observation: Blinds appeared to be at off as the bottom of the blinds is at an angle with the sill. The Respondent will need to correct by appropriate means. There is a window that has a scratch however this was not reported within the first 10 days and therefore the Respondent does not need to do anything. The frame does have a crack and this will need to be corrected by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 8. Flex Space: baseboards; cracked tile, missing electrical outlet paired with added data jack Investigator’s Observation: The baseboards gapping is already scheduled to be corrected by Respondent. The cracked tile is actually a big chip towards the center of it just under the size of a dime, and the Respondent will need to correct by appropriate means. The missing outlet paired with added data jack was confirmed as a mistake by Respondent who has this already on schedule for repair. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 9. Dining and Kitchen air returns are missing silicone; Investigator’s Observation: The air returns do not need to be caulked. No action required by the Respondent. Governing Rule: N/A

Complaint Item: 10. Kitchen backsplash missing grout and grout is cracking and separating from counter/wall; Investigator’s Observation: There is some missing grout and most of the meeting points from the countertop to the back splash show signs of cracking. The Respondent will correct by appropriate means. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

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Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 11. Kitchen hood not straight, hood is bent - the contractor stuck a cardboard/shim that is visible to attempt to fix.; Investigator’s Observation: There is a folded paper product used to space the hood from the wall. Standing on the far side of the island and looking at the vent hood, it appeared that it was not in alignment with the cabinets and backsplash. Visually the hood canted in several areas. The Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 12. Pantry door stop not even behind door.; Investigator’s Observation: The door stop is in place however it is too far inside the pantry so the door misses it completely. The Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 13. Garage entry door hinges not all the same, one hinge is completely different.; Investigator’s Observation: The hinges are self-closing hinges and due to the requirement for the fire door to be self-closing, the door requires multiple of them. The fourth hinge is a standard one that is not needed to help the door close. The hinges are installed correctly. Nothing is required by the Respondent. Governing Rule: N/A

Complaint Item: 14. Hall bathroom: hot and cold water are reversed in shower; when stepping into the bathtub there are cracking sounds as if the supports underneath have sunk.; 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Investigator’s Observation: Testing for the shower has found that they are backwards. The cold produces hot water. The Respondent shall correct by appropriate means. The tub is flexing when stepping into it creating a sound however the tub is operating normally. In regards to the flexing “cracking” sound, no action is required by the Respondent. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 15. Owner's bathroom: The super shower marble is scratched in several places, the floor of the shower is fading away as if the floor was painted and it is coming off. Sinks have several scratches and gouges in them, you can see where they attempted to paint and the paint is wearing away. Various spots in the entire bathroom and walk in closet touch up paint does not match. Rainfall shower head is not straight. Again in the pre-possession walk thru we requested builder to correct. Not done; Investigator’s Observation: There are scratches in the cultured marble in the shower and on the countertop however there was no evidence to show that these had been reported in the first 10 days since COE. The Respondent is not required to do anything on these. There was an area at the sink and inside the shower ledge that showed poor workmanship that the Complainant referred to as painted. It is unfinished and rough at the touch. This was a poor finish on the marble and the Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 16. Back patio concrete just awful! Builder's first attempt to fix just enhanced the awful concrete also you can see footprints in the concrete, also in the main driveway.; Investigator’s Observation: On rear concrete, the RV pad outside the RV rear door and on the driveway there are multiple areas in which permanent footprints are showing, and some type of lines. This does not meet minimum workmanship 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

standards by being “improper, inadequate, unsightly finishing”. The Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 17. Garage floor concrete not level throughout the entire garage. The floor is pitted in several locations.; Investigator’s Observation: The overall garage floor appears wavy. A level was used to notate dips that are concave in nature. Floors should not vary from flat more than 1/4" over a 10' area provided the deviation is gradual. Deviations, dips, or sags over short distances and easily visible to the eye are considered unacceptable. The Respondent will have to identify and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 18. Electrical: back patio flood light switches are reversed L turns on R/R turns on L. Splices in the main electrical panel.; Investigator’s Observation: Confirmed, the switches are opposite of the lights they turn on. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 19. Grout throughout house is different colors/missing - mostly visible in owners bathroom.; Investigator’s Observation: There are areas of grout found to be of a different color in the bathroom. The Respondent shall ensure to identify all areas and correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 20. Main entry door bottom seal you can see daylight and dirt comes in. Investigator’s Observation: There is a gap and some daylight showing through the door from outside to inside. Visual inspection finds the exterior with a gap between the door and the foam stripping along the frame. The Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 21. Missing stucco and paint around all outdoor security lights.; Investigator’s Observation: Confirmed. There is missing stucco at the security lights. Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 22. All outlets in garage plus outside security lights on one breaker, when running a fan, leaf blower, and security lights on the circuit kept tripping.; Investigator’s Observation: There was not enough evidence to show that the circuit is not operating as designed. Nothing is required by the Respondent. Governing Rule: N/A

Complaint Item: 23. Seals at the bottom of the garage doors are not right, excessive amounts of dirt and bugs come in through, you can clearly see the large gaps.; Investigator’s Observation: There was daylight showing from gaps at the bottom of the door while the door was in the down position. The Respondent shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complaint Item: 24. Windows have dirt coming into the home through the window sills; (bedrooms 3/4/flex space. Investigator’s Observation: The windows showed buildup of dirt on the interior side of the windows. The amount of buildup is considered excessive. Minor infiltration of moisture and dust is normal around doors and windows, especially during high winds and excessive rain. Excessive infiltration from improperly installed doors and windows or poorly fitted weather stripping is unacceptable. The Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 25. Courtyard paver pattern is awful and inconsistent with odd cuts, pavers loose. Our paver courtyard does not look like the other homes, the builder told us that the contractor was "no longer with us and our home was the last they installed) Asked the builder to fix, they did not. Investigator’s Observation: I observed the random pattern installation of the pavers at the home and found multiple areas that are inconsistent with the rest of the installation pattern. Next to the soldiers’ course were cut pavers installed to fill gaps that did not correlate with the way the rest of the installment was done. Several sections in the paver installation stood out visually as inconsistent. The Respondent will need to identify the areas and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 26. Expansion tank in garage insufficiently secure with a band that has already come off, asked the builder to fix using an actual brace attached to wall as installed in previous home, builder did nothing.; Investigator’s Observation: The tank is mounted with the brace laying next to it, not connected. The brace should be attached and properly installed. The Respondent shall correct by appropriate means. 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 27. Garage doors need to be adjusted, the RV garage is making loud noise Investigator’s Observation: The operation of the doors did not replicate a loud noise in which indicated abnormal or a workmanship issue. The allegation does not implicate workmanship issue and no correction is required by the respondent. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov RCC100 08/19

Complainant: Valori Roy 22409 W Max Dr Wittmann, AZ 85361

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Courtland Communities LLC 19820 N 7th St Ste 200 Phoenix, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 August 18, 2023

License No. ROC 271575

Re:Complaint No. 2023-08576

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on September 6, 2023.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F). 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 raftors, kinked and smashed ductwork into owner's suite (the hottest room) . The Chas Roberts tech also bad mouthed Courtland about Courtland being cheap and doing the bare minimum, the tech tried to sell us upgrades and mini splits, the AC tech also stated they were quitting. This issue was pointed out in the pre-possession home inspection and the builder did not correct then. We contacted Courtland to get the problem fixed, Chas Roberts tech claimed the second opinion company made alterations to the AC unit, we told them it was an inspection and a second opinion, Chas Roberts and Courtland now are refusing to come and fix the problem AC. We invited Chas Roberts and Courtland to come and inspect the AC unit to see that no work was done, but both are still refusing to come and fix. ; Investigator’s Observation: Unit should cool structure 30 degrees lower than outside air temperature when measured in center of room at 5' height. Minimum indoor temperature should be 78 degrees. The thermostat was set at degrees and the exterior temperature was 113 degrees. Air temp at 5 feet high and center of room was approximately 81 degrees which is within tolerance. In the attic the panel was removed and as the system ran, the coils were identified as not functioning correctly by Chas Roberts’s tech. One row of coils were warm to the touch while the second row were cold. The Respondent needs to identify the problem and correct by appropriate means. Additionally there were kinked ducts that were severely restricted that need to be corrected by the appropriate means. There was no evidence shown to confirm that any additional work had been done on the HVAC system that would support ARS 32-1155(D) for modification by another trade work. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 2. Owner's suite: floor not level, you can the high/low spots when walking around the room. This was called out in pre-possession move in,

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 still not fixed (pics available). The carpet has been pulled up twice - now you can see gaps by the wall and you can see the seams of the carpet. Same with carpet padding, came out once as pieces were missing and bunched, padding underneath still not fixed Investigator’s Observation: Gaps between the carpet and baseboard were evident. Noticeable humps in the carpet were felt in master bed and closet. Seams did not appear abnormal and did not need correction. The Respondent had indicated this was being addressed by them soon. Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 6. Bedroom 4: Paint touchups in closet; baseboards missing silicone and paint. silicone air return by door; Investigator’s Observation: Respondent agreed to do the warranty work on this home to include the caulk at baseboards and paint touch ups. Caulking at air returns is not required. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 10. Kitchen backsplash missing grout and grout is cracking and separating from counter/wall; Investigator’s Observation: There is some missing grout and most of the meeting points from the countertop to the back splash show signs of cracking. The Respondent will correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item: 14. Hall bathroom: hot and cold water are reversed in shower; when stepping into the bathtub there are cracking sounds as if the supports underneath have sunk.;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: Testing for the shower has found that they are backwards. The cold produces hot water. The Respondent shall correct by appropriate means. The tub is flexing when stepping into it creating a sound however the tub is operating normally. In regards to the flexing “cracking” sound, no action is required by the Respondent. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 16. Back patio concrete just awful! Builder's first attempt to fix just enhanced the awful concrete also you can see footprints in the concrete, also in the main driveway.;

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: On rear concrete, the RV pad outside the RV rear door and on the driveway there are multiple areas in which permanent footprints are showing, and some type of lines. This does not meet minimum workmanship standards by being “improper, inadequate, unsightly finishing”. The Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 17. Garage floor concrete not level throughout the entire garage. The floor is pitted in several locations.; Investigator’s Observation: The overall garage floor appears wavy. A level was used to notate dips that are concave in nature. Floors should not vary from flat more than 1/4" over a 10' area provided the deviation is gradual. Deviations, dips, or sags over short distances and easily visible to the eye are considered unacceptable. The Respondent will have to identify and correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 19. Grout throughout house is different colors/missing - mostly visible in owners bathroom.; Investigator’s Observation: There are areas of grout found to be of a different color in the bathroom. The Respondent shall ensure to identify all areas and correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 20. Main entry door bottom seal you can see daylight and dirt comes in. Investigator’s Observation: There is a gap and some daylight showing through the door from outside to inside. Visual inspection finds the exterior with a gap between the door and the foam stripping along the frame. The Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 shall correct by the appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 24. Windows have dirt coming into the home through the window sills; (bedrooms 3/4/flex space. Investigator’s Observation: The windows showed buildup of dirt on the interior side of the windows. The amount of buildup is considered excessive. Minor infiltration of moisture and dust is normal around doors and windows, especially during high winds and excessive rain. Excessive infiltration from improperly installed doors and windows or poorly fitted weather stripping is unacceptable. The Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 26. Expansion tank in garage insufficiently secure with a band that has already come off, asked the builder to fix using an actual brace attached to wall as installed in previous home, builder did nothing.; Investigator’s Observation: The tank is mounted with the brace laying next to it, not connected. The brace should be attached and properly installed. The Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item: 5. Hinge pin in the door is bent causing door to stick and squeak.; Investigator’s Observation: Complainant noted this item is repaired. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent. Governing Rule: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Aaron King Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Valori Roy 22409 W Max Dr Wittmann, AZ 85361

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Courtland Communities LLC 19820 N 7th St Ste 200 Phoenix, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 6, 2023

License No. ROC 271575

Re:Complaint No. 2023-08576

AMENDED WRITTEN DIRECTIVE FROM THE REGISTRAR (Items #17 and #25)

Dear Respondent:

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 blower fan bad, improper installation of ductwork, ducting wrapped around rafters, kinked and smashed ductwork into owner's suite (the hottest room) . The Chas Roberts tech also bad mouthed Courtland about Courtland being cheap and doing the bare minimum, the tech tried to sell us upgrades and mini splits, the AC tech also stated they were quitting. This issue was pointed out in the pre-possession home inspection and the builder did not correct then. We contacted Courtland to get the problem fixed, Chas Roberts tech claimed the second opinion company made alterations to the AC unit, we told them it was an inspection and a second opinion, Chas Roberts and Courtland now are refusing to come and fix the problem AC. We invited Chas Roberts and Courtland to come and inspect the AC unit to see that no work was done, but both are still refusing to come and fix. ; Investigator’s Observation: Unit should cool structure 30 degrees lower than outside air temperature when measured in center of room at 5' height. Minimum indoor temperature should be 78 degrees. The thermostat was set at degrees and the exterior temperature was 113 degrees. Air temp at 5 feet high and center of room was approximately 81 degrees which is within tolerance. In the attic the panel was removed and as the system ran, the coils were identified as not functioning correctly by Chas Roberts’s tech. One row of coils were warm to the touch while the second row were cold. The Respondent needs to identify the problem and correct by appropriate means. Additionally there were kinked ducts that were severely restricted that need to be corrected by the appropriate means. There was no evidence shown to confirm that any additional work had been done on the HVAC system that would support ARS 32-1155(D) for modification by another trade work. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 2. Owner's suite: floor not level, you can the high/low spots when walking around the room. This was called out in pre-possession move in, still not fixed (pics available). The carpet has been pulled up twice - now you can see gaps by the wall and you can see the seams of the carpet. Same with carpet padding, came out once as pieces were missing and bunched, padding underneath still not fixed Investigator’s Observation: Gaps between the carpet and baseboard were evident. Noticeable humps in the carpet were felt in master bed and closet. Seams did not appear abnormal and did not need correction. The Respondent had indicated this was being addressed by them soon. Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 10. Kitchen backsplash missing grout and grout is cracking and separating from counter/wall; Investigator’s Observation: There is some missing grout and most of the meeting points from the countertop to the back splash show signs of cracking. The Respondent will correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 14. Hall bathroom: hot and cold water are reversed in shower; when stepping into the bathtub there are cracking sounds as if the supports underneath have sunk.; Investigator’s Observation: Testing for the shower has found that they are backwards. The cold produces hot water. The Respondent shall correct by appropriate means. The tub is flexing when stepping into it creating a sound however the tub is operating normally. In regards to the flexing “cracking” sound, no action is required by the Respondent. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 16. Back patio concrete just awful! Builder's first attempt to fix just enhanced the awful concrete also you can see footprints in the concrete, also in the main driveway.;

Investigator’s Observation: On rear concrete, the RV pad outside the RV rear door and on the driveway there are multiple areas in which permanent footprints are showing, and some type of lines. This does not meet minimum workmanship standards by being “improper, inadequate, unsightly finishing”. The Respondent shall correct by the appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complaint Item: 20. Main entry door bottom seal you can see daylight and dirt comes in. Investigator’s Observation: There is a gap and some daylight showing through the door from outside to inside. Visual inspection finds the exterior with a gap between the door and the foam stripping along the frame. The Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 24. Windows have dirt coming into the home through the window sills; (bedrooms 3/4/flex space.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Investigator’s Observation: The windows showed buildup of dirt on the interior side of the windows. The amount of buildup is considered excessive. Minor infiltration of moisture and dust is normal around doors and windows, especially during high winds and excessive rain. Excessive infiltration from improperly installed doors and windows or poorly fitted weather stripping is unacceptable. The Respondent shall correct by appropriate means Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

Complaint Item: 26. Expansion tank in garage insufficiently secure with a band that has already come off, asked the builder to fix using an actual brace attached to wall as installed in previous home, builder did nothing.; Investigator’s Observation: The tank is mounted with the brace laying next to it, not connected. The brace should be attached and properly installed. The Respondent shall correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item: 5. Hinge pin in the door is bent causing door to stick and squeak.; Investigator’s Observation: Complainant noted this item is repaired. Governing Rule: N/A

Complaint Item: 9. Dining and Kitchen air returns are missing silicone; Investigator’s Observation: The air returns do not need to be caulked. No

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 action required by the Respondent. Governing Rule: N/A

Complaint Item: 17. Garage floor concrete not level throughout the entire garage. The floor is pitted in several locations.; Investigator’s Observation AMENDED: The garage floor was coated by an epoxy coating done by an outside contractor that is not part of the builders’ process. This constitutes a third party working on the home that is not part of the original builders work. The builder provided the funds for the homeowner to obtain a company of their preference to use, instead of utilizing one from the builder themselves in which the builder would contract with. The contract is therefore with the Complainant and the coating company, and not the Respondent. No action is required by the Respondent. Governing Rule: N/A.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent. Governing Rule: N/A

Complaint Item: 25. Courtyard paver pattern is awful and inconsistent with odd cuts, pavers loose. Our paver courtyard does not look like the other homes, the builder told us that the contractor was "no longer with us and our home was the last they installed) Asked the builder to fix, they did not. Investigator’s Observation AMENDED: I observed the random pattern installation of the pavers at the home and found multiple areas that are inconsistent with the rest of the installation pattern. Next to the soldiers’ course were cut pavers installed to fill gaps that did not correlate with the way the rest of the installment was done. Several sections in the paver installation stood out visually as inconsistent however upon further research of the space and allotment of random pattern installation, the installation does meet the minimum workmanship standards. On paver installations the contractor should fill gaps at the edges greater than 3/8” with cut pavers. Pavers with a gap greater than 3/16” in the field should be taken up and relayed tight. This was done at this installation therefore no action is required by the Respondent. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Aaron King Aaron King, Investigator (520) 628-6890 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Complainant: Valori Roy 22409 W Max Dr Wittmann, AZ 85361

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 Respondent: Courtland Communities LLC 19820 N 7th St Ste 200 Phoenix, AZ 85024

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812

602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 04/21 September 14, 2023