Case Summary
| Case ID | 21F-H2120004-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-11-27 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | total |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Foothills Club West Homeowners Association | Counsel | John Halk, Esq. |
|---|---|---|---|
| Respondent | Subrahmanyam & Sudhakar Living Trust | Counsel | Mary T. Hone, Esq. |
Alleged Violations
CC&Rs Article 7, Section 7.3, and Article 9, Sections 9.3, 9.4, and 9.5
Outcome Summary
The ALJ concluded that Foothills demonstrated Respondents' violation of the community governing documents by commencing and continuing construction of a second-story Addition without obtaining the required Architectural Committee approval. Foothills was deemed the prevailing party, and Respondents' appeal was dismissed.
Key Issues & Findings
Unauthorized 2nd story addition
Respondents constructed a second-story Addition to their property without first obtaining approval from the Foothills Architectural Committee, violating the community governing documents.
Orders: Respondents’ appeal is dismissed, and Foothills is deemed the prevailing party with regard to its Petition.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_win
- CC&Rs Article 7, Section 7.3
- CC&R Article 9, Section 9.3
- CC&R Article 9, Section 9.4
- CC&R Article 9, Section 9.5
Analytics Highlights
- A.R.S. §§ 32-2102
- A.R.S. §§ 32-2199 et al.
- A.R.S. §§ 32-2199(2)
- A.R.S. §§ 32-2199.01(D)
- A.R.S. §§ 32-2199.02
- A.R.S. § 32-2199.05
- A.R.S. § 41-1092
- A.R.S. §32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
- ARIZ. ADMIN. CODE R2-19-119
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
- BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)