Minute Entry - FYI Advisement to Parties

25F-H050-REL-RHG · Department of Real Estate - H/C · 2026-02-09

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Marilyn J. Fogelsong,

PETITIONER,

vs.

Park Townhouses Homeowners

Association, Inc.

RESPONDENT.

No. 25F-H050-REL-RHG

Minute Entry

The undersigned Administrative Law Judge, having reviewed the document Motion in Limine filed by Petitioner January 17, 2026, makes the following minute entry:

Standing is always an issue in HOA disputes. Petitioner’s request that Respondent be precluded from introducing evidence challenging her standing to bring forth the current action is denied.

The evidentiary standard is a preponderance of the evidence. See Ariz. Admin. Code R2-19-119. Petitioner’s request that Respondent be precluded from arguing the applicability of a lesser evidentiary standard in the case at bar, presumably probable cause, is granted.

Neither party has submitted a subpoena request in this matter under the authority of Ariz. Admin. Code R2-19-113. As such, no individual is compelled to provide testimony on behalf of either party. Petitioner’s request that Mr. Levi Lazarus be required to testify at the scheduled hearing is granted.

Character is not at issue in an HOA dispute. Neither party shall be permitted to offer character evidence regarding a party or witness. Petitioner’s request that “irrelevant and prejudicial attacks” be precluded at hearing is granted.

IT IS SO ORDERED.

Done this day, February 09, 2026.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

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

Susan Nicolson, Commissioner

Arizona Department of Real Estate

100 N. 15th Ave., Ste. 201

Phoenix, AZ 85007

[email redacted]

Marilyn J. Fogelsong, Petitioner

3239 E. 3rd St., Studio B

Tucson, AZ 85716

[email redacted]

Park Townhouses Homeowners Association, Inc., Respondent

c/o Andrew F. Vizcarra, Assoc. Manager

2525 E. Broadway Blvd., Ste. 111

Tucson, AZ 85716

[email redacted]

By: OAH Staff