Case Summary
| Case ID | 23F-H004-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-12-29 |
| Administrative Law Judge | Jenna Clark |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Randall White | Counsel | — |
|---|---|---|---|
| Respondent | Quail Creek Villas Association Inc. | Counsel | Carolyn Goldschmidt |
Alleged Violations
ARIZ. REV. STAT. § 10-3842; Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2
Outcome Summary
The ALJ denied the petition because the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated community documents or statutes. The ALJ noted that Petitioner lacked the authority to request the inspection on behalf of the HOA, and one primary statute cited (ARS § 10-3842) was inapplicable/outside jurisdiction.
Why this result: Petitioner failed to meet the burden of proof regarding the alleged statutory and community document violations. The ALJ found Petitioner lacked the authority to act for the Association, and the inspection had not yet commenced when directed to stop.
Key Issues & Findings
Alleged interference with wildfire risk assessment
Petitioner alleged Respondent stopped the Green Valley Fire Department's in-progress wildfire risk assessment, interfering with the assessment and failing to act in good faith or in the best interests of the Corporation.
Orders: Petitioner's petition was denied. All pending post-hearing motions were denied as moot.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. § 10-3842
- ARIZ. REV. STAT. § 33-1802
- ARIZ. REV. STAT. § 33-1805
- Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2
Analytics Highlights
- ARIZ. REV. STAT. § 10-3842
- ARIZ. REV. STAT. § 32-2102
- ARIZ. REV. STAT. § 32-2199
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 33-1802
- ARIZ. REV. STAT. § 33-1805
- Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2
- ARIZ. ADMIN. CODE R2-19-119