Case Summary
| Case ID | 22F-H2221022-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-06-14 |
| Administrative Law Judge | Jenna Clark |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Wesley T Chadwick | Counsel | — |
|---|---|---|---|
| Respondent | Entrada Mountainside Homeowners Association | Counsel | Eadie Rudder, Esq. and Nick Eicher, Esq. |
Alleged Violations
CC&Rs Article 10 Section 9
Outcome Summary
Petitioner's petition was granted in part based on the violation of CC&Rs Article 10.9 (failure to provide specific steps to cure violations), resulting in a $500.00 payment to Petitioner. The petition was denied in part regarding alleged violations of CC&Rs Article 4.5, 10.1, and 10.10, as Petitioner failed to sustain the burden of proof on those issues.
Why this result: Petitioner failed to sustain the burden of proof for the allegations concerning CC&Rs Article 4.5 (as it applies solely to construction activities), Article 10.1 (as subsequent letters stemmed from the same issues), and Article 10.10 (as Petitioner failed to allege or establish a violation of a specific law, ordinance or regulation).
Key Issues & Findings
The Association violated Article 10 Section 9 of the CC&Rs by failing to provide specific steps necessary to cure the violation with each violation notice that was sent as required under the CC&Rs
The Association violated Article 10.9 by issuing vague, overbroad, and nondescript violation warning letters that failed to provide the requisite specific steps Petitioner needed to take to satisfactorily remedy the alleged violation(s), such as covering exposed irrigation lines, removing a specific plant, or filling in holes.
Orders: Respondent is ORDERED to pay $500.00 to Petitioner, a pro rata portion of his filing fee, directly to Petitioner within thirty (30) days of this ORDER.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- CC&Rs Article 10.9
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. ADMIN. CODE R2-19-119
Analytics Highlights
- CC&Rs Article 4 Section 5
- CC&Rs Article 10 Section 1
- CC&Rs Article 10 Section 9
- CC&Rs Article 10 Section 10
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. ADMIN. CODE R2-19-119
Decision Documents
22F-H2221022-REL Decision – 946305.pdf
22F-H2221022-REL Decision – 950368.pdf
22F-H2221022-REL Decision – 957992.pdf
22F-H2221022-REL Decision – 958039.pdf
22F-H2221022-REL Decision – 960467.pdf
22F-H2221022-REL Decision – 977411.pdf
Case Participants
Petitioner Side
- Wesley T Chadwick (petitioner)
Respondent Side
- Nick Eicher (HOA attorney)
Carpenter, Hazlewood, Delgado & Bolen, LLP
Counsel for Respondent - Eadie Rudder (HOA attorney)
Carpenter, Hazlewood, Delgado & Bolen, LLP
Counsel for Respondent - Danielle Miglio (property manager, witness)
Oasis Community Management - Cynthia Marie Ecker (board member, witness, VP)
Entrada Mountainside Homeowners Association - Mara Jolie (property manager)
OPM
HOA assistant manager
Neutral Parties
- Jenna Clark (ALJ)
Office of Administrative Hearings - Louis Dettorre (Commissioner)
Arizona Department of Real Estate - Miranda Alvarez (legal secretary)
OAH
Transmission staff - DGardner (ADRE staff)
Arizona Department of Real Estate
Email recipient for transmission - AHansen (ADRE staff)
Arizona Department of Real Estate
Email recipient for transmission - vnunez (ADRE staff)
Arizona Department of Real Estate
Email recipient for transmission - djones (ADRE staff)
Arizona Department of Real Estate
Email recipient for transmission - labril (ADRE staff)
Arizona Department of Real Estate
Email recipient for transmission
Other Participants
- c. serrano (staff)
Transmission staff
