Tonto Creek Estates Homeowners Ass'n v. Arizona Corp. Commission
In Tonto Creek Estates Homeowners Ass'n v. Arizona Corp. Commission, 177 Ariz. 49, 864 P.2d 1081 (App. 1993), a homeowners' association assumed operation of a water utility that provided water service to lots within the Tonto Creek Estates subdivision. Id. at 54, 864 P.2d at 1086.
Over time, the association began providing water service to several properties located in a different subdivision, Tonto Rim Ranch. Id.
Because the association, as a public service corporation, contracted to provide water to various lot owners located in Tonto Rim Ranch, this court concluded that the Arizona Corporation Commission could properly order the association to provide service to all the lot owners in that subdivision on a non-discriminatory basis. Id. at 58-59, 864 P.2d at 1090-91.