Case Summary
| Case ID | 24F-H019-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-01-01 |
| Administrative Law Judge | Brian Del Vecchio |
| Outcome | total |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Kevin W. Schafer & Patricia A. Lawton | Counsel | Craig L. Cline |
|---|---|---|---|
| Respondent | Sycamore Springs Homeowners Association, INC. | Counsel | Edith I. Rudder & Eden G. Cohen |
Alleged Violations
ARIZ. REV. STAT. § 33-1808(B) & CC&Rs Design Guidelines Section II(O)
CC&Rs Design Guidelines Section III(A)
Outcome Summary
Petitioners prevailed on both filed issues: the Respondent's conditional approval of the flagpole violated CC&Rs and statute, and the Violation Notice regarding the building envelope was improper as Petitioners were found to be in compliance (17,451 sq ft vs. 22,000 sq ft maximum). Respondent was ordered to reimburse the $1,000 filing fee. Request for civil penalties was denied.
Key Issues & Findings
Conditional approval of portable flagpole
Respondent conditionally approved Petitioners' DMR for a portable flagpole, but the conditions placed (limiting height, restricting mobility, and requiring placement on the side of the house) were outside the authority granted by the CC&Rs and violated ARIZ. REV. STAT. § 33-1808, which protects the display of the American flag in front or back yards. Petitioner sustained burden of proof.
Orders: Respondent must abide by the statute; civil penalty denied.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. § 33-1808(B)
- CC&Rs Design Guidelines Section II(O)
Violation Notice regarding Building Envelope compliance
Respondent sent a Violation Notice claiming Petitioners' building envelope was 38,000 square feet, exceeding the 22,000 square foot maximum limit defined in DG § III(A). The evidence established Petitioners' actual building envelope was 17,451 square feet, based on a superior 'boots on the ground' survey, proving no violation occurred. Petitioner sustained burden of proof.
Orders: Petitioners' building envelope did not violate the CC&Rs maximum limit; civil penalty denied.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- CC&Rs Design Guidelines Section III(A)
Analytics Highlights
- ARIZ. REV. STAT. § 32-2199 et seq.
- ARIZ. REV. STAT. § 33-1808
- ARIZ. REV. STAT. § 32-2199.02(A)