Case Summary
| Case ID | 20F-H2020050-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-06-25 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Ronna Biesecker | Counsel | — |
|---|---|---|---|
| Respondent | 6100 Fifth Condominium Homeowners Association | Counsel | — |
Alleged Violations
A.R.S. § 33-1247 and CC&Rs § 10(c)
Outcome Summary
The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs or Arizona statutes; therefore, the petition was dismissed.
Why this result: Petitioner failed to meet the burden of proof, as evidence suggested the water leak was caused by the sliding glass door of the unit above, not a flaw in the common elements.
Key Issues & Findings
Failure to maintain all Common Elements (Water Leak Dispute)
Petitioner alleged the Respondent HOA failed to maintain Common Elements, leading to water leaks in her unit. Respondent denied the violation, asserting the leak originated from the upstairs unit’s sliding doors or track assemblies, which are the responsibility of that unit owner.
Orders: Petitioner’s petition is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1247
- CC&Rs § 10(c)
- Article II.E, Section 1 of the Bylaws
- Article C of the CC&Rs
Analytics Highlights
- A.R.S. § 33-1247
- CC&Rs § 10(c)
- A.R.S. § 32-2199.01
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- Powell v. Washburn
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs.
- Vazanno v. Superior Court