Case Summary
| Case ID | 22F-H2222060-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-09-06 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | total |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | M&T Properties LLC | Counsel | Lucas Thomas, Owner |
|---|---|---|---|
| Respondent | Kivas Uno Homeowners’ Association | Counsel | David Rivandi, Director |
Alleged Violations
Section 6.7 of the First Amendment to the Amended and Restated Declaration of Condominium and of Covenants, Conditions and Restrictions for Kivas Uno Condominium
Outcome Summary
The Petitioner prevailed on the singular issue raised: Respondent (HOA) was found to be in violation of Section 6.7 of the CC&Rs for failing to retain a duly licensed property management agent at the time the petition was filed. The HOA was ordered to reimburse the $500 filing fee and comply with the CC&Rs moving forward. No civil penalty was imposed.
Key Issues & Findings
Professional Management
Respondent (HOA) acknowledged that as of the date the Petition was filed (June 6, 2022), it did not retain or maintain a Managing Agent who is duly licensed by the State of Arizona as a property manager, which violated Section 6.7 of the CC&Rs.
Orders: Respondent was ordered to reimburse Petitioner the $500.00 filing fee and was directed to comply with the requirements of Section 6.7 of the CC&Rs going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 32-2199 et seq.
- A.R.S. § 33-1248
- A.R.S. § 33-1258
- A.A.C. R2-19-119
Analytics Highlights
- A.R.S. § 32-2199 et seq.
- A.R.S. § 33-1248
- A.R.S. § 33-1258
- A.A.C. R2-19-119