Doubletree Canyon Homeowners Association v. Teodora Cupes - CV2021-014955

Doubletree Canyon Homeowners Association v. Teodora Cupes, et al. (Case No. CV 2021-014955) was an Arizona civil dispute in the Maricopa County Superior Court between Plaintiff Doubletree Canyon Homeowners Association and Defendants Teodora Cupes and Cipriano Ionetescu [1-3]. Key Facts and Core Dispute The litigation arose from unapproved architectural alterations at the defendants' property, which was subject to the Homeowners Association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs) [4]. The defendants had submitted an architectural plan to the Association's Architectural Review Committee (ARC) showing matching doors and windows [4]. However, the actual doors and windows installed on the structure did not match, resulting in a clear deviation from the approved plans [4]. Additionally, the parties disputed the interpretation of Section 3.2.21 of the CC&Rs [4, 5]. Although this section was titled "Window Coverings," its second sentence stated that "No reflective material shall be used on any Improvement without the prior written consent of the Architectural Review Committee" [5]. The Association asserted that this rule applied to the exterior building surfaces, while the defendants argued that the restriction was limited strictly to window coverings [4, 5]. Procedural History and Mediation In late 2021, the Association filed an application for a default judgment, which was referred to a commissioner [1, 6]. However, the case ultimately proceeded to active litigation under Maricopa County Superior Court Judge John R. Hannah Jr. [7, 8]. The court ordered the parties to engage in a mandatory settlement conference [9]. While Jack Wilenchik was initially appointed as Judge Pro Tempore to conduct the mediation, he was relieved due to illness and replaced by Frankie J. Adamo [10-12]. The deadline to complete the settlement conference was ultimately extended to December 31, 2022 [13]. The Summary Judgment Ruling On May 27, 2022, the Association filed a Motion for Summary Judgment [3, 14, 15]. Following a virtual oral argument held on September 7, 2022, Judge Hannah granted summary judgment in favor of the Association [4]. In his ruling, Judge Hannah found that the property was indisputably in violation of the CC&Rs because the installed doors and windows failed to match the submitted plans [4]. The court also rejected the defendants' narrow reading of Section 3.2.21 [4]. Judge Hannah determined that because the word "Improvement" refers to the building itself, the prohibition on reflective materials applied to all exterior surfaces, including the doors, and was not limited to window coverings [5]. The court initially ordered the defendants to correct the non-matching windows and doors within 90 days and submit the required material samples to the ARC for approval [5, 16]. On November 28, 2022, the court extended the compliance deadline for the defendants to replace the non-compliant windows to January 15, 2023 [17, 18]. Final Outcome The Association filed an application for attorneys' fees and costs on October 5, 2022 [19]. After scheduling virtual oral argument on the fee application for January 10, 2023 [19, 20], Judge Hannah signed a final written judgment in favor of the Association on January 19, 2023 [21, 22]. The final judgment was officially entered by the Clerk of the Court on January 20, 2023, concluding the litigation in favor of the Homeowners Association [21, 22]. Case Details: Case ID: doubletree-canyon-homeowners-association-v-teodora-cupes Docket: CV2021-014955 Judge: John R. Hannah Jr. For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public court, ADRE, OAH, and related public records and may express opinions. Not affiliated with any court, ADRE, or the OAH. Read the full Legal & Terms: https://azhoawatch.org/legal