Case Summary
| Case ID | 22F-H2222028-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-10-11 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Asmaa Kadhum | Counsel | — |
|---|---|---|---|
| Respondent | Goldcrest Patio Homes Condominium Association | Counsel | — |
Alleged Violations
A.R.S. § 33-1256
Outcome Summary
The Administrative Law Judge denied the petition, concluding that Petitioner failed to prove a violation of A.R.S. § 33-1256 because the specific issue raised—a complaint about a recorded lien—was moot, as the lien had been released, and no current enforcement action regarding the disputed legal fees was pending.
Why this result: The ALJ determined that absent a recorded lien or pending enforcement action, the Office of Administrative Hearings lacked jurisdiction to address the reasonableness or accuracy of the disputed legal fees under the specific statute cited (A.R.S. § 33-1256).
Key Issues & Findings
Requesting to Waive/or Adjust Unreasonable Collection Fees.
Petitioner sought to waive or adjust unreasonable collection fees and attorney fees ($2,351.40 or $3,500.00) charged by the HOA related to a lien placed on their unit, which was later released because it was allegedly based on incorrect amounts.
Orders: Petitioner's petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1256
- A.A.C. R2-19-119
Analytics Highlights
- A.R.S. § 33-1256
- A.R.S. § 32-2199 et seq.
- A.A.C. R2-19-119
- A.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)