Case Summary
| Case ID | 25F-H036-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-06-08 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John R. Krahn Living Trust/Janet Krahn Living Trust | Counsel | — |
|---|---|---|---|
| Respondent | Tonto Forest Estates Homeowners Association | Counsel | — |
Alleged Violations
CC&R 5.3
Outcome Summary
The Administrative Law Judge granted the Petitioner’s single-issue petition because the HOA Board had not appointed a third member to the Architectural Committee (ARC) to comply with CC&R 5.3 until March 17, 2025. The HOA was ordered to reimburse the Petitioner’s $500.00 filing fee, but no civil penalty was awarded.
Key Issues & Findings
Architectural Committee Composition Requirement
Petitioner alleged violation of CC&R Article 5.3, which mandates the Architectural Committee (ARC) shall consist of three regular members, because the HOA only had two members on the ARC as of the petition date (February 5, 2025). The Tribunal found the HOA failed to appoint a third member to the ARC until March 17, 2025, granting the petition.
Orders: Petition granted; Respondent ordered to reimburse Petitioner's $500.00 filing fee. No civil penalty was awarded.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- CC&R 5.3
- ARIZ. REV. STAT. § 32-2199.01
- ARIZ. REV. STAT. § 33-1817(B)(1)
Analytics Highlights
- ARIZ. REV. STAT. § 32-2102
- ARIZ. REV. STAT. § 32-2199
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 32-2199(2)
- ARIZ. REV. STAT. § 32-2199.01(D)
- ARIZ. REV. STAT. § 32-2199.02
- ARIZ. REV. STAT. § 32-2199.04
- ARIZ. REV. STAT. § 41-1092
- ARIZ. REV. STAT. § 41-1092.09
- ARIZ. REV. STAT. § 33-1817(B)(1)
- ARIZ. ADMIN. CODE R2-19-119
- CC&R 5.3