Case Summary
| Case ID | 23F-H059-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-09-05 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Charlotte Tande | Counsel | — |
|---|---|---|---|
| Respondent | Wintergardens Co-Operative | Counsel | Beth Mulcahy, Esq. |
Alleged Violations
A.R.S. § 33-1804
A.R.S. § 33-1810
Outcome Summary
The case was dismissed because the Administrative Law Judge determined the Wintergardens Co-Operative, a cooperative mobile home park, did not qualify as a 'planned community' or 'condominium association' under Title 33, Chapter 9 or 16, thus the Arizona Department of Real Estate lacked jurisdiction to hear the dispute.
Why this result: The Respondent was found not to be a 'Planned Community' because its shareholders were lessees, not owners of 'separately owned lots, parcels or units' as required by A.R.S. § 33-1802(4).
Key Issues & Findings
Open Meeting Requirements
Petitioner alleged Respondent failed to comply with the open meeting requirements of A.R.S. § 33-1804.
Orders: The case was dismissed after Respondent's Motion to Dismiss was granted.
Filing fee: $0.00
Disposition: petitioner_loss
- A.R.S. § 33-1804
- A.R.S. § 33-1802(4)
- A.R.S. § 32-2199.01(A)
Financial Records Provision
Petitioner alleged Respondent failed to provide certain financial records as required by A.R.S. § 33-1810.
Orders: The case was dismissed after Respondent's Motion to Dismiss was granted.
Filing fee: $0.00
Disposition: petitioner_loss
- A.R.S. § 33-1810
- A.R.S. § 33-1802(4)
- A.R.S. § 32-2199.01(A)