ORDER

25F-H044-REL · Department of Real Estate - H/C · 2025-12-03

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Michael J. Schmidt,

Petitioner,

v.

Starpass Master Homeowner Association, Inc.,

Respondent.

No. 25F-H044-REL

Order

SECOND PETITION

To add issues to the hearing, an Amended Notice of Hearing or an order by the Arizona Department of Real Estate is required. Having reviewed the documents provided by Petitioner regarding the second petition, no such document has been provided. The Arizona Office of Administrative Hearings does not have jurisdiction over issues unless the Arizona Department of Real Estate authorizes jurisdiction.

If the amendment or consolidation is timely, all issues will be addressed at the hearing scheduled for January 6, 2026. If the amendment or consolidation is not timely, either the January 6, 2026, hearing will proceed with the single issue or the hearing may be rescheduled to allow all issues to be addressed together.

SUBPOENA

The subpoena is denied. Upon reviewing the subpoena and Respondent’s filings, the requested information is not relevant. Furthermore, Southwest Value Partners (SWVP) is not a party to this proceeding. SWVP has not entered any evidence in the record, and SWVP will not be given the opportunity to present evidence. The Amicus Brief filed by SWVP is not evidence. The Amicus Brief holds the limited value of input from a person who is interested in the outcome of this matter. Respondent’s position that SWVP has a monetary interest in addition to a legal interest is noted. However, the issue for hearing is limited to that stated in the Notice of Hearing, and this venue will not be used for discovery in issues not relevant to those before the Tribunal.

Done this day, December 3, 2025.

/s/ Samuel Fox

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Susan Nicolson, Commissioner

Arizona Department of Real Estate

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Chris Ansley

Starrpass Master Homeowners Association, INC.

[email redacted]

Michael J. Schmidt

[email redacted]

By: OAH Staff