Case Summary
| Case ID | 21F-H2120024-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-02-16 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | none |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Aaron Ricks (Somerstone Properties, LLC) | Counsel | — |
|---|---|---|---|
| Respondent | Montelena Master Community Association | Counsel | Troy Stratman |
Alleged Violations
A.R.S. § 33-442, A.R.S. § 33-1806
Outcome Summary
The Administrative Law Judge dismissed the Petition because the Petitioner failed to meet the burden of proof to establish that the Montelena Master Community Association violated A.R.S. § 33-442 or its CC&Rs regarding the imposition of a transfer fee. The ALJ found that the use of the fee to fund operating expenses and/or reserves was an acceptable purpose under the relevant statute.
Why this result: Petitioner failed to establish Respondent acted in violation of the community documents and A.R.S. § 33-442.
Key Issues & Findings
Challenge to unauthorized/unlawful transfer fees charged by HOA
Petitioner alleged that the $2500.00 transfer fee charged to the purchaser was an unlawful transfer fee in violation of A.R.S. § 33-442 and specific CC&R provisions, arguing that the authorized use of the fee (Master Association’s operating expenses and/or reserves) was not specific enough to meet the statutory exception under A.R.S. § 33-442(C).
Orders: Petitioner’s petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1806
- A.R.S. § 33-442
- 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)
- Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
Analytics Highlights
- A.R.S. § 33-1806
- A.R.S. § 33-442
- 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)