Case Summary
| Case ID | 23F-H040-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-06-13 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Lisa Kittredge | Counsel | — |
|---|---|---|---|
| Respondent | SunBird Golf Resort Homeowners Association | Counsel | Lori N Brown |
Alleged Violations
ARIZ. REV. STAT. § 32-2199 et seq.
Outcome Summary
The Administrative Law Judge granted the petition, finding that the SunBird Golf Resort Homeowners Association violated its governing documents by allocating funds from the HOA Contingency funding stream (general assessments) for drainage issues benefitting the SunBird Golf Club, as the 2015 CC&Rs, as amended in 2021, restricted such expenditures exclusively to funds collected under Section 6.7(C).
Key Issues & Findings
Expenditure of HOA Contingency Funds for Golf Course Drainage Maintenance
Petitioner alleged the HOA improperly used annual assessments (Contingency Fund) to pay $15,968 (capped at $20,000) for cleaning drainage wells on the privately owned SunBird Golf Club property. The ALJ concluded that under the 2015 CC&Rs, as amended in 2021, the HOA was only permitted to expend funds collected specifically pursuant to Section 6.7(C) (Capital Improvement Assessment for Golf Course) for golf course drainage issues, and therefore, using the Contingency fund violated the governing documents.
Orders: Respondent must reimburse Petitioner's filing fee of $500.00 in certified funds and henceforth comply with the provisions of the governing documents.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- SunBird Golf Resort Homeowners Association Covenants, Conditions, and Restrictions Section 6.3(A) (2015)
- 2021 Amendment to 2015 CC&Rs
- Section 6.7(C) of the 2021 Amendment
- ARIZ. REV. STAT. § 32-2199 et seq.
- Tierra Ranchos Homeowners Ass’n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
Analytics Highlights
- ARIZ. REV. STAT. § 32-2199 et seq.
- SunBird Golf Resort Homeowners Association Covenants, Conditions, and Restrictions Section 6.3(A) (2015)
- 2021 Amendment to 2015 CC&Rs
- Section 6.7(C) of the 2021 Amendment