HOA - ALJDEC decisions
25F-H115-REL · Department of Real Estate - H/C · 2026-04-09
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
In the Matter of:
AZNH Revocable Trust,
by and through
John & Susan Sullivan, Trustees, Real Parties In Interest
Petitioner,
v.
Sunland Springs Village Homeowners Association,
Respondent.
No. 25F-H115-REL
ADMINISTRATIVE LAW JUDGE
DECISION
HEARING: April 6, 2026 at 1:00pm
APPEARANCES: Attorney Chad Gallagher appeared on behalf of Respondent Sunland Springs Village Homeowners Association with witness Kathy Fowlers. No one appeared on behalf of Petitioner.
ADMINISTRATIVE LAW JUDGE: Nicole Robinson
FINDINGS OF FACT
On January 14, 2026, the Arizona Department of Real Estate (“Department”) referred the above-aforementioned matter to the Office of Administrative Hearings (“OAH”), an independent state agency, for an evidentiary hearing.
On January 30, 2026, the Department issued a Notice of Hearing, setting a hearing at 1:00pm on March 6, 2026. The Registrar mailed copies of the Notice of Hearing to Petitioner at its address and email address of record.
The hearing was postponed and rescheduled to be heard at 1:00pm on April 6, 2026. On February 18, 2026, an Order Granting Continuance was issued to the parties via email which provided the new hearing date and provided the OAH address to appear in-person.
Petitioner failed to appear at the hearing on April 6, 2026 by 1:15pm and consequently, the matter was not convened and no evidence was taken. OAH did not receive any further communication from Petitioner in regards to the missed hearing on April 6, 2026.
CONCLUSIONS OF LAW
The Notice of Hearing that the Department and the Order that OAH mailed to Petitioner at its address and/or email address of record was reasonable and Petitioner is deemed to have received notice of the hearing. See Ariz. Rev. Stat. § 41-1092.04; Ariz. Rev. Stat. § 41-1061(A).
By failing to appear at the hearing, Petitioner did not meet the burden to present evidence in support of the complaint. See Ariz. Admin. Code R2-19-119.
ORDER
Based on the foregoing,
IT IS ORDERED that Petitioner’s complaint be dismissed.
NOTICE
Pursuant to Ariz. Rev. Stat. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to Ariz. Rev. Stat. § 32-2199.04. Pursuant to Ariz. Rev. Stat. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.
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-137160-45720000Done this day, April 9, 2026.
/s/ Nicole Robinson
Administrative Law Judge
Transmitted by either mail, e-mail, or facsimile April 9, 2026 to:
Susan Nicolson, Commissioner
Arizona Department of Real Estate
100 N. 15th Avenue, Suite 201
Phoenix, Arizona 85007
[email redacted]
[email redacted]
[email redacted]
[email redacted]
[email redacted]
[email redacted]
[email redacted]
Chad M. Gallacher, Esq.
Maxwell & Morgan, P.C.
4854 E Baseline Rd, Ste 104
Mesa AZ 85206
[email redacted]
AZ Revocable Trust
John Sullivan
336 Intervale Rd, Unit B1
Gilford, NH 03249
[email redacted]
[email redacted]
[email redacted]
By: OAH Staff