Case Summary
| Case ID | 22F-H2221009-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-04-25 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Sam & Pipper O' Shaughnessy Stangl | Counsel | — |
|---|---|---|---|
| Respondent | Sabino Vista Townhouse Association | Counsel | Nathan Tennyson, Esq. |
Alleged Violations
Article 6
Outcome Summary
The ALJ found that the Respondent violated Article VI of the CC&Rs by failing to maintain the natural desert area within the Common Area up to the exterior building lines. The CC&Rs mandate the Association maintain and remove all rubbish within its property up to the exterior building lines, and the Board lacked authority to designate this area as unmaintained natural desert without amending the CC&Rs. Petitioners were deemed the prevailing party and the filing fee was refunded.
Key Issues & Findings
Failure to Maintain Common Area
Petitioners alleged Respondent HOA violated Article 6 of the CC&Rs by failing to maintain the common area, specifically the unmaintained natural desert area (approx. two acres) located behind the townhome units, up to the exterior building lines and patio enclosures.
Orders: Respondent is deemed the non-prevailing party. Respondent must pay Petitioners their filing fee of $500.00 within thirty (30) days. Respondent is directed to comply with the requirements of Article VI (6) of the CC&Rs going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 32-2199(B)
- A.R.S. § 33-1803
- 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)
- Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70, 75 (Colo. App. 1993)
- Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
Analytics Highlights
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
- A.R.S. § 12-904(A)
- A.R.S. § 32-2199(B)
- A.R.S. § 33-1803
- 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)
- Powell v. Washburn, 211 Ariz. 553
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs., 867 P.2d 70
- Vazanno v. Superior Court, 74 Ariz. 369