Case Summary
| Case ID | 20F-H2020051-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-01-08 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Debra K. Morin | Counsel | — |
|---|---|---|---|
| Respondent | Solera Chandler Homeowners' Association, Inc. | Counsel | Lydia A. Perce Linsmeier, Esq. |
Alleged Violations
CC&R Article 7, Section 7.1
Outcome Summary
The Administrative Law Judge ruled that Solera was in compliance with its governing documents, specifically CC&R Article 7, Section 7.1, concluding that the Board is the 'sole judge' regarding appropriate maintenance of AREAS. The Petitioner failed to meet the burden of proof, and the Rehearing Petition was dismissed.
Why this result: Petitioner failed to sustain her burden to establish a violation. The governing documents grant the Board 'the sole judge' authority over maintenance, and Petitioner did not provide legal support requiring the HOA to meet the homeowner maintenance standard.
Key Issues & Findings
Failure to maintain Areas of Association Responsibility (AREAS) in good condition and repair at all times
Petitioner alleged that Solera failed to maintain Areas of Association Responsibility (AREAS) in good condition and repair at all times, arguing that the same strict maintenance standard applied to homeowners (CC&R 7.2) should apply to the HOA (CC&R 7.1). The issue was heard on rehearing after the initial decision dismissed the petition.
Orders: The Administrative Law Judge concluded Solera was in compliance with its governing documents and was the prevailing party. Petitioner's appeal (Rehearing Petition) was dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. 33-1801 et seq.
- A.R.S. §§ 32-2102
- A.R.S. §§ 32-2199 et al.
- A.R.S. § 32-2199.05
- A.R.S. §§ 32-2199(2)
- A.R.S. § 32-2199.01(D)
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092
- CC&R Article 7, Section 7.1
- CC&R Article 7, Section 7.2
- CC&R Article 9, Section 9.5
- ARIZ. ADMIN. CODE R2-19-119
- ARIZ. ADMIN. CODE R2-19-116
Analytics Highlights
- A.R.S. 33-1801 et seq.
- A.R.S. §§ 32-2102
- A.R.S. §§ 32-2199 et al.
- A.R.S. § 32-2199.05
- A.R.S. §§ 32-2199(2)
- A.R.S. § 32-2199.01(D)
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092
- CC&R Article 7, Section 7.1
- CC&R Article 7, Section 7.2
- CC&R Article 9, Section 9.5
- ARIZ. ADMIN. CODE R2-19-119
- ARIZ. ADMIN. CODE R2-19-116