Case Summary
| Case ID | 22F-H2222062-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-08-10 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Dennis Anderson and Mary Scheller | Counsel | — |
|---|---|---|---|
| Respondent | Tara Condominiums Association | Counsel | — |
Alleged Violations
CC&Rs Section 11
Outcome Summary
The Petition was dismissed because the Petitioners failed to meet the burden of proof that the Respondent HOA violated CC&R Section 11. The ALJ concluded that the Petitioners themselves violated Section 11 by constructing the shed without prior written approval.
Why this result: Petitioner failed to prove the HOA violated CC&R Section 11; the construction of the shed occurred prior to seeking or obtaining architectural approval, violating Section 11.
Key Issues & Findings
Alleged unfair, arbitrary, and capricious rejection of Architectural Change Form based on a non-existent rule (shed must not be higher than patio wall).
Petitioners claimed the HOA violated CC&Rs Section 11 by arbitrarily denying their request to construct a shed based on an unwritten rule regarding shed height (must be 3 inches below the wall). Petitioners acknowledged they constructed the shed prior to obtaining approval.
Orders: Petition dismissed; no action required of Respondent.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 32-2199.01
- A.R.S. § 33-1221
- CC&Rs Section 11
Analytics Highlights
- A.R.S. § 32-2199.01
- A.R.S. § 33-1221
- CC&Rs Section 11