Case Summary
| Case ID | 20F-H2020042-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-04-27 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Charles P Mandela | Counsel | — |
|---|---|---|---|
| Respondent | Blue Ridge Estates Homeowners' Association | Counsel | Nicholas Nogami |
Alleged Violations
CC&R’s Article X, Section 10.3
Outcome Summary
The Administrative Law Judge concluded that the Respondent acted in compliance with the CC&R’s regarding the handling of the architectural request, specifically Section 10.3 concerning submission and review of plans. Petitioner failed to sustain the burden of proof of a violation, and the appeal was dismissed.
Why this result: Petitioner failed to sustain the burden to establish a violation of Article X of the CC&R’s. The request was deemed denied per the terms of Section 10.3 when the Board took longer than 30 days to respond, and Petitioner failed to follow the subsequent requirement to formally request a meeting with the Architectural Committee.
Key Issues & Findings
Denial of request to place a patio shade structure and alleged violation of response time requirements
Petitioner alleged the HOA violated CC&R’s Article X by denying his patio shade request and failing to provide a written response within the 30-day period required by Section 10.3. Respondent argued the shade counted as another structure, the request was properly deemed denied after 30 days, and Petitioner failed to follow the appeal procedures by requesting a meeting.
Orders: Petitioner’s appeal is dismissed; Respondent is the prevailing party.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 41-2198.01
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 32-2199.02(A)
- CC&R’s Article X
- CC&R’s Section 10.3
Analytics Highlights
- A.R.S. § 41-2198.01
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 32-2199.02(A)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)