Case Summary
| Case ID | 21F-H2120028-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-07-28 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Lee & Kim Edwards | Counsel | Terry Foster, Esq. |
|---|---|---|---|
| Respondent | Scottsdale Embassy Condominium Association | Counsel | — |
Alleged Violations
A.R.S. § 33-1255
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated its CC&Rs, Bylaws, or A.R.S. § 33-1255, ruling that the statute was inapplicable due to the specific provisions in the Declaration regarding the 1/26 assessment calculation.
Why this result: Petitioner failed to meet the burden of proof, and the ALJ determined A.R.S. § 33-1255 was superseded by the Declaration, which mandated assessments based on the undivided 1/26 interest in the common elements.
Key Issues & Findings
Assessment calculation based on undivided interest in common areas
Petitioner challenged the Association's decision to change assessments from a historical square footage basis to a 1/26 interest calculation, arguing that this method violates A.R.S. § 33-1255 by charging for limited common elements (patios/parking).
Orders: The petition of Lee & Kim Edwards is dismissed; Respondent is deemed the prevailing party.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1255
- Declaration Article I, Section 5
- Declaration Article II, Section 5
- Declaration Article II, Section 7
- Declaration Article IV, Section 4
- Declaration Article VI, Section 9
Analytics Highlights
- A.R.S. § 32-2199(1)
- A.R.S. § 33-1255
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- Vazanno v. Superior Court, 74 Ariz. 369
- Powell v. Washburn, 211 Ariz. 553
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70