Case Summary
| Case ID | 18F-H1818045-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2018-10-18 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Warren R. Brown | Counsel | — |
|---|---|---|---|
| Respondent | Mogollon Airpark, Inc. | Counsel | Gregory A. Stein, Esq.; Mark K. Sahl, Esq. |
Alleged Violations
ARIZ. REV. STAT. section 33-1803(A)
Outcome Summary
The matter was consolidated with two other petitions concerning assessment increases (18F-H1818029-REL-RHG and 18F-H1818054-REL). The ALJ dismissed the claims regarding the $325 assessment increase (029 and 054 matters) against the HOA. However, Petitioner Brown prevailed in the 045 matter, proving the HOA violated ARIZ. REV. STAT. section 33-1803(A) by charging a $25 late fee, resulting in an order for rescission of the fee and refund of his $500 filing fee.
Why this result: Petitioner Brown (029 matter) and Petitioner Stevens (054 matter) lost their claims regarding the $325 assessment increase because they failed to show by a preponderance of the evidence that Mogollon violated section 33-1803(A). The ALJ determined that the petitioners' definition of 'regular assessment' as referring to process (motion, second, vote) was not supported by principles of statutory construction.
Key Issues & Findings
Late payment charges limitation
Petitioner Brown alleged that the HOA violated ARS § 33-1803 by charging a late fee of $25 and interest of 18% on late payments, asserting the statute limits late charges to the greater of $15.00 or 10%. The ALJ agreed, concluding the statute's limit on late charges applies to all assessments, not just regular assessments, and found the $25 late charge violated the statute.
Orders: Mogollon Airpark Inc. must rescind the $25 late fee assessed against Mr. Brown and must pay him his filing fee of $500.00 within thirty days of the Order.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. section 33-1803(A)
