Case Summary
| Case ID | 25F-H021-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-02-20 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | total_loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Deatta M. Pleasants | Counsel | — |
|---|---|---|---|
| Respondent | Pinecrest Lake Property Owners Association, Inc. | Counsel | David Onuschak |
Alleged Violations
CC&R Rev 2022, Article II., Sec. I (alpha) 2. Maintenance and Repair, By the Association
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet the burden of proof to establish a violation of the CC&Rs by the Association. The Association maintained the underground culverts in accordance with Navajo County approved plans, and the evidence established the culverts were functioning as intended. Flooding experienced by the Petitioner was expected due to the lot's location in a FEMA Floodway during an exceptional storm (likely a 100-year event).
Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated the CC&R provision; the culverts were maintained and functioning as intended, and flooding was anticipated given the lot's location in a FEMA Floodway during the exceptional storm event.
Key Issues & Findings
The association will not repair the culvert (common area) to allow the ditch to drain.
Petitioner alleged the HOA violated CC&Rs by failing to repair or connect a culvert (common area), causing her lot located in a regulatory floodway to flood during a severe (100-year) storm in July 2021. The Respondent contended the drainage system was maintained, functioned as intended, and the flooding was due to the exceptional storm magnitude and the property's location in a floodway.
Orders: No action required of Respondent; Petitioner's Petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 32-2199
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- CC&R Rev 2022, Article II., Sec. I (alpha) 2
Analytics Highlights
- A.R.S. § 32-2199
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- CC&R Rev 2022, Article II., Sec. I (alpha) 2
- CC&Rs Rev. September 2022, Article 1, D.