On August 6, a confrontation between Scottsdale Mountain Homeowners Association (HOA) director Lonnie Muto and neighbors David Creed and Sheila Janisch turned violent on a North Scottsdale street near 136th Street and East Via Linda Road, according to hoodline.com. Muto, who was driving with his wife Jane Muto, exited the vehicle and used pepper spray after believing the couple had thrown something at his car. The spray was then deployed on both Creed and Janisch, who later recovered, while Muto was taken to a hospital with minor injuries.
The incident is the latest episode in a years‑long conflict that began in 2020 when Janisch altered her landscaping. The dispute centers on the use of gray riprap and Table Mesa brown rock in front yards, materials that the Scottsdale Mountain Community Association’s design guidelines expressly prohibit without prior Architectural Committee approval. The guidelines also restrict decomposed granite to specific colors and a maximum depth of two inches.
In 2024, Creed and Janisch filed a lawsuit against the Scottsdale Mountain Community Association, naming board members Lonnie and Jane Muto, as well as Yuri Ellis, Tom McVay and Bill Dubé, alleging retaliation over the yard‑rock changes. Their complaint also accuses the board of threatening foreclosure, defamation, deactivating gate‑access stickers, withholding HOA records, and holding closed executive meetings without proper notice. The association’s gate policy does allow deactivation of sticker transmitters for violations, with a $250 reactivation fee plus any fines.
Police were called to the community previously for other complaints involving the two couples. After the August 6 fight, police recommended charging Muto with assault, though he was not arrested. A Scottsdale City Court judge issued an order of protection against Muto on August 10, though the protection’s exact scope remains unclear.
HOA board representative Chuck Oldham acknowledged the police report but declined to comment further, stating confidence that the board’s actions complied with governing documents and state statutes. Creed’s attorney advised him not to comment.
Legal experts note that similar HOA disputes are common across the Valley. Arizona Revised Statutes §§ 33‑1804 and 33‑1805 set requirements for meeting openness and record disclosure, and recent appellate rulings show the Scottsdale Mountain association’s willingness to pursue legal remedies for non‑payment of assessments.
What’s next: The 2024 lawsuit remains active, with no court date announced. Both parties await further legal proceedings, and the HOA board has indicated it will not comment on specific allegations while litigation continues.
Sources: hoodline.com
