Tatiana Hernandez Evidence Packet .pdf
26F-H012-REL · Department of Real Estate - H/C · 2026-04-10
Exhibit A. Case Summary 1
Petitioner: Tatiana Hernandez Respondent: Barcelona Manor Association, Inc. Case No: 26F-H012-REL
Summary of Dispute:
This matter concerns responsibility for a concealed plumbing item that failed and caused water damage to the unit below mine. The association has determined I’m responsible for the repair of the plumbing and the unit's damages; however, the facts and governing documents show that the responsibility does not lie with me.
Key Facts:
● The plumbing item (a bathtub drain/P-trap) serves my unit but is not located within my unit boundaries. ● The P-trap is fully concealed within the ceiling of the unit below and cannot be accessed, inspected, or maintained from my unit. ● I did not install, modify, or repair this plumbing and had no prior knowledge of any defect before the leak was rediscovered. ● This leak issue appears to be pre-existing and related to improper installation and component type.
Governing Documents and Law:
● CC&R Section 9.1(iii): Assigns responsibility to the Association for plumbing facilities that serve a unit but are located outside that unit’s boundaries. ● CC&R Sections 9.4 and 13.2: Provide for owner responsibility only where damage results from an owner’s act, neglect, or failure to maintain accessible components. ● A.R.S. § 33-1247: Requires the Association to maintain and repair common elements and components for which it is responsible under the declaration.
Position: I’ve been assigned responsibility by the association based solely on the plumbing serving my unit, while disregarding its location outside my unit, my lack of access to it, and my inability to maintain it. Under the governing documents, responsibility for the repair and resulting damage is determined by location, control, and negligence, not only service.
Due to the plumbing being located outside my unit’s boundaries, being inaccessible to me, and no result of any act of negligence or irresponsibility on my part, the responsibility for repairs do not lie with me.
Requested Outcome:
I respectfully request an outcome where the association is determined responsible for the repair of the plumbing component and any resulting damages, consistent with the declaration and Arizona Law. Exhibit 1. CC&R and Arizona Law Exhibit 2. P-trap and Unit Damage 5 Exhibit 3. Proof of Inaccessibility Exhibit 4. Online Communication
From: Tatiana H.<[email redacted]> Sent: Wednesday, December 3, 2025 3:39 PM To: Destiny Du da-Phillips <[email redacted]> Subjea: Water leak concern Units 624 and 620
Hi Destiny
I hope you had a lowly Thanksgiving holid.ly. I'm not sure if you're the person I send this email to but I wanted to reach out for some C.llm. dear communiC.l:ion especi.llly if you haven't h.ld .l chance to be m.lde aw.l.fe of updates.
l"m writi"9 in reg.ll'ds to the plumbing lea k located in the conoeaJed structural C.lVity be�n my unit and the unit below. which resulted in dam.lge to the lower unifs ceili"9 ood wall assembly. I wou ld llke to ensure that responsibifrty for aooess. repair, and restor.ltion is allocated in aooord.l.flce with Arizona condominium law .l.fld ou:r goveming documents.
Location and natu:re of the iss ue: Th e plumbing assembly that failed is located outs,jde the interior boundaries of rrry unit. within a concealed struo:ural cavity th.lt is not accessible or maintainable by me. Access to this component requires destruction of bui.ldi ng materi.lls in the lower unit. induding drywall. insulation. and associated struo.u:r.ll or fire-rated Msemblie s.
Unde:r Arizona l.lw, owners are responsible only for me unit's imerio:r elements. while the association is responsible fo:r common elemen;s, limited common elements. and property outsi de the unit's boundaries.
A.R.S. § 33-1243{AX3) s;ates th.lt the association is responsi.ble for-maintenance. repair ood repl.lOement of the common elemen;s. •
A.R.S. § 33-1212 defines •common elements" to indude: •a1I portions of the condominium other th.l.fl the units.•
Given th.lt the affected plumbing is located outside the boundaries of my unit and inside the building C.lvity between units. it falls within the associ.ltion's maintenance and rep.air responsibility.
Governing Documents: Our bylaws specifiC,l]ly assign the associ.l'tion responsibility for infrastructure IOC.lted within units that seNes other property or requi:res access for other areM of the building.
Th e bylaws state me associ.l:ion shall maintain:
•au facilities contained within a unit which service part or pans of the condominium property other than the unit within which such facifities are contained.•
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Gnull • FOOO-.Up: Pl\lmtllng Leal & HOA R.espon&ll>lt!y (NO Response Yei>
M Gmail Tatiana H.<[email redacted]>
Follow-Up: Plumbing Leak & HOA Responsibility (No Response Yet) messages
Destiny Duda-Phillips<[email redacted]> Thu. Dec 11. 2025 at 3:00 PM To: •Tatiana H.• <[email redacted]>
Good afternoon,
Thank you for your patience. I have finally recei\<ed the work order from the evaluation. Please find the information from the onsite maintenance staff.
EVALUATION: Scheduled for Friday, 11/21/2025@9am Per Art & Steve; Bathroom 624 - leak from tub/shower drain= water rnnning down to 620 ceiling shower area - over the toilet area = wall behind toilet= and water rnnning across shower ceiling to the heater closet area. Leaking into heater closet 620 and down to the heater closet 616. No dan1age to heater closets condensation drain lines are clear. Owner to owner issues - infom1ation exchanged. 624= there are numerous cracks in the patio deck 624. Several cracks have been sealed. 2 areas still need to be corrected 1- Deck over laundry area 2- Deck at the threshold/sliding door as of I 1/21/2025.
If there is anything else I can assist you will please do not hesitate to let me know. Thank you.
Destiny Phillips, CAAM Community Manager
AAM, LLC (520) 219-7200 (Office) {520) 477-0256 {Direct line) (520) 219-9324 (Fax) 866-553-8290 (Emergency line)
[email redacted]
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RE: Formal dispute - request for governing authority (Barcelona Manor Unit 624) )fflU.Ugtt
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Good aftemooa,
Ple.ase see the Board's response to your dispute attached a hard copy has been mailed to you for your records.
All decisions of the Bo.ard are final and may not be furtlw: appealed or disputed. Thank you for taking the time to write to the Board so they could consider and decide this matter.
I hope you have a great rest ofyour week
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Gnull. FCCO-.Up: Pl\lmDlng Leal & HOA R.espon&ll>lt!y (NO Response Yei>
MGmail Tatiana H.<[email redacted]>
Follow-Up: Plumbing Leak & HOA Responsibility (No Response Yet) messages
Destiny Ouda-Phitips <[email redacted]> Thu. Dec 11. 2025 at 3:00PM To: •Tatiana H.• <[email redacted]>
Good afternoon,
Thank you for your patience. I have finally received the work order from the evaluation. Please find the information from the onsite maintenance staff.
EVALUATION: Scheduled for Friday, ll/21/2025@9am Per Art & Steve; Bathroom 624 - leak from tub/shower drain= water rnnning down to 620 ceiling shower area - over the toilet area= wall behind toilet= and water rnnning across shower ceiling to the heater closet area. Leaking into heater closet 620 and down to the heater closet 616. No daniage to heater closets condensation drain lines are clear. Owner to owner issues - infom1ation exchanged. 624= there are numerous cracks in the patio deck 624. Several cracks have been sealed. 2 areas still need to be corrected 1- Deck over laundry area 2- Deck at the threshold/sliding door as of 11/21/2025.
If there is an)thing else I can assist you will please do not hesitate to let me know. Thank you.
Destiny Phillips, CAAM Community Manager
AAM, LLC (520) 219-7200 (Office) {520) 477-0256 {Direct line) (520) 219-9324 (Fax) 866-553-8290 {Emergency line) [email redacted]
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Exhibit 5. HOA Decition Email Exhibit 6. Inspections
WIN ® The door rr■me ■ppee15 to be bent. Thi$ i$IJe can cau1;e <lillicu•y in op,enilg and cto$ilg the door prope1t,,. I! i$ 1e<:om'lleoded to evak>ate and rep.i� tl'le door frame to enS1Jre prope,r funetloflalty. A q.,alihed earpe,nte, or con1,1ctor c,n help in rea5gning or repl&ei'lg the be,nt door Iramen neeoed.
Water Heating Equipment Caulking Touchup (I" Repairs Recommended)
Water Heater Temperature Too High (I" Repairs Recommended) ,cat Ha,llway Bathroom The wate1 heatef 1empe,1ture i$ set too high, which can inerea$11 the 11$1( ol ,-;:11k1ing and al$0 IHd to� energy bis. It is 1eeommefl(led to f<l;.,$1 the temperature setti'lg 10 a sale al'ld energy-e!lieient leve-1, typicaly around 120 deQrees Farvenr.eit. This actp.,stment can be dO<le on tl'le tl'lermostat The uul<ng in 11,. interior ot the prop,,ny ne.ds touch-up to contSlue prou,c1ng the str1JC1Ura. This issue is common i-, areal freque,ntly e-q:>OM<l to of the water heate<. HOA may have tobe contacted to make any changes moisture. Proper cauldng help1 prevent water damage and mai>taln energy elliciflocy. It is recommended to eval.Jate !he caulldng and repal" any .U.magedor de1erioratedsections to preven1 moiswraS1truslon
Infrared photography pmvicies an Water running at kitchen sink accurate temperature reading
Interior 21 Loose Bathroom AccessOfies (P Repairs Recommended)
O � iOI All Bathrooms Bent Screen Door Frame (P Repairs Recommended)
Thtl toiel paper h<)ljef and 1-i h-af1981" ara loose, Which can 00 a nuis.aoce and may fal off completely. A qu,alll'led handyman can evaluate and repai" at, Rear Porch these ijems to enS1J,e they are securely last&ned and foncton proper!),
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HOA-CoMrolled lnterlof Spaces (A Action Required) Appliances Ce<reh .,._, ouer. u ,r..o ltne,.,,. ...._), on; ,....-,a,1rol'l(;co, ro:,f accuo l'»t<r> - cor-cpe,eted ti,,...,o,y ,c,om. moyb. COl'!r<>ltdb) •�l IOA. We recommend you tanlbrtle yoorun wl".hCotldO.'HJA ru• �-g the up1,,np an<l nuin1'�nce ot !teie 1uu1.. Dishwasher Not Se-cured (P Rep.an Heccrnmenoea)
Thefl'l)Kl0r n:>1.eo1na1 ire J�wasner iS ru '""' ie<:urea to me ciooet. Rep;at iS rec&Timmoeo cy i c,.,Uliea i:,OleSSIOl!Ul tO ixe- n'IC\lfffl!f"l
Corrnon na1wa; co:n-op launo-y rcom
Dryer Hoo�-..ps Nat Ava'.lable (P Repa f$ Recommeflded)
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Timeline of Leak
● Pre-purchache of the unit ○ A leak is found in Unit 624 ○ Owners make an attempt to fix it unprofessionally ○ Owner of unit below gets no follow up from original owners or HOA
● August 2025 Tatiana purchases Unit 624 ○ No known leaks or defects ○ Moved in, in beginning of September
● October 31, 2025 Leak discovered ○ Tatiana receives a text message that a leak has been discovered ○ Not known what was causing the leak ○ Tatiana stops using that bathroom
● About two weeks before November 21st, 2025 ○ Steve from HOA inspects the Unit below 624 and takes pictures of water damages ○ Unit 624 shower is suspected for leak ○ Tatiana is not made aware of any of this information of the shower nor the damages
● November 18th, 2025 Tatiana is made aware of damages and the shower is the cause and the 624 unit bathroom needs inspection
● November 21, 2025 Unit 624 is inspected by Steve ○ Steve tells Tatiana it’s her issue to fix including damages ○ Tatiana emails HOA for inspection report
● December 3rd, 2025 Tatiana Emails HOA that the faulty plumbing is not her fault nor her responsibility due to reasons within the bylaws and Arizona law. ○ Doesn’t receive any response back so sends a follow up email December 10th
● December 11th, 2025 HOA sends Tatiana Report ○ HOA sends 2nd email to deny responsibility
● December 18th, 2025 HOA sends official letter denying responsibility
● January 26th, 2026 ADRE compliant filed by Tatiana
● February 13th, 2026 HOA denies request for mediation Exhibit 8. Seller Disclosure 1l!lentK1nn I� :c'l::lt::4/\JJlH·Lilt:H·U11•lJUCf\·lJU:!L'4/L:'Lf" /bA
Residential Seller's Property Disclosure Statement (SPDS) >> 309. 310. 311. 312. 313. 314. SELLER CERTIFICATION: Seller certifies that the Information contained herein is true and complete to lho besl of Seller's knowledge as
Ll"'""''""''·" 315. of the dale signed. Seller agrees thal any changes In lho Information conlained herein will be disclosed In writing by Seller to Buyer prior 316. to Close of Escrow, Including any lnformallon that may be revealed by subsequenl lnspecllons. Seller acknowledges receipt of Residential 317. Seller Disclosure Advisory tilled When /ti Doubt � Disclose.
318. 319. �WcEi��';;;NATURE �g;6'.s;�R A ��l:s�:(«:r�� E O?�:����YR
320, BUYER'S ACKNOWLEDGMENT: Buyer acknowledges that tho Information contained herein Is based only on lhe Seller's actual 321. knowledge and Is not a warranty of any kind. Buyer acknowledges Buyer's obligation to Investigate any material (lmporlant) facts 322. In regard lo the Property. Buyer Is encouraged to obtain Property Inspections by professional Independent third parties and to 323. consider obtaining a home warranty protection plan. 324. NOTICE: Buyer acknowledges that by law, Sellers, Lessors and Brokers are not obligated to disclose lhal the Property Is or has been: (1) 325. !he slle of a natural death, suicide, homicide, or any other crime classified as a felony; (2) owned or occupied by a person exposed to HIV, 326. diagnosed as having AIDS or any other disease not l<nown to be transmitted lhrough common occupancy of real eslate; or (3) located In the 327. vicinity of a sex offender.
328. By signing below, Buyer acknowledges receipt only of this SPOS. If Buyer disapproves of any items provided herein, Buyer 329. shall deliver to Seller written notice of the Items disapproved as provided in the Contract,
330, 33i, A SUYEA'S SIGNATURE MO/DA/YR "BUYER'S SIGNAIURE MO/DA/YR
332, NOTICE TO SELLER ANO BUYER: In the event Seller needs to update any disclosures contained herein, the Arizona 333. Association of REALTORS® Nollce/Plsclosure form Is available for this purpose.
Residential Seller's Property Dlsc!osure Slatement (SPDS) Updated: February 2023 • Copyt!ghl® 2023 Atlzona AssoolaUon of REALTORS®, All 1ights reserved,
PagaOof9 II12ntIsIgn IU: ;!l:\t:A /\:J:Jll·!-:Zlilcl-H)l 1-lJUC/\-UtJn,wnt-/bA
TEXT OVERFLOW ATTACHMENT 42 FORM: ResidenUal Seller's Property Disclosure Statement (Sl?OS)
PROPERTY: 6302 N, Barcelona Lane, 624, Tucson, AZ 85704
Line 13, - Vacant since mid April Line 118, - Unknown. Common water heater for condo unit maintained by HOA. Line 172, - Mino:i: plumbing repai>:: performed by Silvera.do Rooter & Plmnbing Painting and drywall work performed by Better Way Services, Inc, tine 175, - Plumbing work was tightening a drain nut which is complete Painting and drywall was to improve aesthetics and not required Line 285, - Bathroom ceiling had minox- damage from X'Oof leak, Roof leak x-epaired by HOA, 'l1 ub had leak from drain nut which was tightened, Line 304, � The swimming pool i$ a community pool, Not aware of any issues not already stated on this form. we did not live on the property, It was an investment,
Dale: 01 2s 202n Date:
Buyer Signature
07/28/25
[i,::'1' Del«ooo Date: Date: ---------------------
Sliller Signature Buyer Signature
Page _1_ Exhibit 9. Bathtub Diagram