Case Summary
| Case ID | 20F-H2020041-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-05-21 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Douglas J. Karolak | Counsel | — |
|---|---|---|---|
| Respondent | VVE – Casa Grande Homeowners Association | Counsel | David Fitzgibbons |
Alleged Violations
A.R.S. § 33-1817(A)(1); CC&Rs Part 10, Section 10.4
Outcome Summary
Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1817(A)(1) and the community documents by improperly recording Amended CC&Rs without proper owner consent. The Respondent was ordered to refund the $500.00 filing fee. However, the ALJ could not grant the requested relief (rescission of the Amended CC&Rs) due to a lack of statutory authority.
Key Issues & Findings
Violation regarding the validity of Amended CC&Rs due to lack of required owner approval.
The Petitioner alleged that the Amended CC&Rs recorded by the Board were invalid because they were not approved by two-thirds (2/3) of the lot owners as required by the CC&Rs and statute. The ALJ agreed, finding the Board acted improperly and violated the documents and statute.
Orders: Respondent was ordered to pay Petitioner the filing fee of $500.00. No civil penalty was assessed. The ALJ determined she lacked the statutory authority to order the rescission of the Amended CC&Rs requested by the Petitioner.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1817(A)(1)
- CC&Rs Part 10, Section 10.4
Analytics Highlights
- 20F-H2020041-REL
- A.R.S. § 33-1817
- A.R.S. § 33-1817(A)(1)
- A.R.S. § 32-2199
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092.07(G)(2)
- CC&Rs Part 10, Section 10.4
