Case Summary
| Case ID | 22F-H2222057-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-10-05 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Deborah Mesear | Counsel | — |
|---|---|---|---|
| Respondent | Paradise Park Condominiums Phase II Homeowners Association | Counsel | Ashley N. Moscarello, Esq. |
Alleged Violations
A.R.S. § 33-1243(J)
Outcome Summary
The petition filed by the homeowner against the HOA was dismissed because the homeowner failed to prove the HOA violated A.R.S. § 33-1243(J) regarding financial reporting.
Why this result: The Petitioner failed to establish that the Association violated the applicable statute by a preponderance of the evidence, resulting in the dismissal of the petition.
Key Issues & Findings
Violation of HOA statutory duty to provide annual financial reports (audit, review, or compilation)
Petitioner alleged the HOA failed to share an annual audit/compilation for 2017-2021. The ALJ found the HOA provided financial compilations for 2017-2020 after the petition was filed. The claim regarding 2021 was found to be premature because the financial compilation was not yet due when the petition was filed on May 29, 2022.
Orders: The petition is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1243(J)
- A.R.S. § 33-1810
Analytics Highlights
- A.R.S. § 33-1243(J)
- A.R.S. § 33-1810
- A.R.S. § 32-2199(1)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.09