Vacate

26F-H070-REL · Department of Real Estate - H/C · 2026-07-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Richard Beckstrom,

Petitioner,

Apache Villa Homeowners

Association, Inc.,

Respondent.

No. 26F-H070-REL

ORDER GRANTING MOTION TO DISMISS PETITION

AND

ORDER VACATING HEARING

Pending before the Office of Administrative Hearings is Apache Villa Homeowners Association, Inc.’s (“Respondent”) June 30, 2026 Motion to Dismiss Petition (“Motion”). Petitioner Richard Beckstrom has not filed a response thereto.

In its Motion, Respondent argues that the Arizona Department of Real Estate (“Department”) does not have jurisdiction over this matter because Respondent is neither a planned community nor a condominium. Rather, Respondent is a “voluntary recreational association whose members own real property within the Association.”

A.R.S. § 33-1802(6)(a) defines “planned community” as:

[A] real estate development that includes real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways is held by a nonprofit corporation or unincorporated association of owners, that is created for the purpose of managing, maintaining or improving the property and in which the declaration expressly states both that the owners of separately owned lots, parcels or units are mandatory members and that the owners are required to pay assessments to the association for these purposes.

Respondent’s Revised Declaration Restrictions, Paragraph 12, states: “[l]ot owners shall not have access to recreational facilities unless they are dues paying members in good standing of the recreational association formed to bear the cost of maintaining the recreational facilities.”

The owners of lots within Respondent are not mandatory members of the Association and Respondent’s Revised Declaration Restrictions do not require owners to pay assessments. Consequently, because Respondent does not meet the definition of a planned community, Respondent is not subject to the jurisdiction of the Department.

Based on the above,

IT IS ORDERED GRANTING Respondent’s Motion to Dismiss Petition.

IT IS FURTHER ORDERED that Petitioner’s Petition is DISMISSED.

IT IS FURTHER ORDERED vacating the hearing in this matter.

NOTICE

Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04. Pursuant to A.R.S. § 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.

Done this day, July 8, 2026.

/s/ Sondra J. Vanella

Administrative Law Judge

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

Susan Nicolson, Commissioner

Arizona Department of Real Estate

[email redacted]

Melissa Doolan

The Travis Law Firm, PLC

[email redacted]

Richard Becktsrom

[email redacted]

By: OAH Staff