Case Summary
| Case ID | 20F-H2020054-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-07-30 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Jean Williams | Counsel | — |
|---|---|---|---|
| Respondent | Surprise Farms II Community Association | Counsel | Nick Nogami |
Alleged Violations
A.R.S. § 33-1803; CC&Rs Article VII, Section 7.2 and 7.4(a)-(c)
Outcome Summary
Petitioner failed to prove the HOA violated A.R.S. § 33-1803(A) or the CC&Rs by increasing the Annual Assessment by 20% without a vote, as the increase remained below the Maximum Annual Assessment and complied with the statutory 20% cap.
Why this result: Petitioner’s assertion was based on an erroneous reading of the CC&Rs, confusing the maximum automatic increase of the Maximum Annual Assessment (10%) with the limit on the actual Annual Assessment increase.
Key Issues & Findings
Whether the 20% increase in the Annual Assessment effective April 2020 violated statutory limits or CC&R requirements for member approval.
Petitioner alleged the Respondent HOA violated A.R.S. § 33-1803 and the CC&Rs by increasing the Annual Assessment by 20% (from $720 to $864) effective April 2020 without obtaining a 2/3 majority vote of the members.
Orders: Petitioner’s petition is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1803(A)
- CC&Rs Article VII, Section 7.2
- CC&Rs Article VII, Section 7.4
Analytics Highlights
- A.R.S. § 33-1803(A)
- CC&Rs Article VII, Section 7.2
- CC&Rs Article VII, Section 7.4