Case Summary
| Case ID | 24F-H049-REL, 24F-H055-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-01-21 |
| Administrative Law Judge | Samuel Fox |
| Outcome | partial |
| Filing Fees Refunded | $2,500.00 |
| Civil Penalties | $500.00 |
Parties & Counsel
| Petitioner | The Gregory M and Donna P Hulbert Family Trust dated May 25, 1995 | Counsel | — |
|---|---|---|---|
| Respondent | The Summit at Copper Square Condominium Association | Counsel | Daryl Wilson |
Alleged Violations
Declaration §§ 7.1, 7.12, 7.14
Declaration §§ 4.6.1, 4.6.2
Declaration §§ 3.3.1, 3.3.2, 4.13
A.R.S. § 33-1248(E), (F)
Declaration § 5.1
Outcome Summary
Petitioner was deemed the prevailing party regarding issues 2 (Puppy Potty) and 4 (Notice/Agenda). Respondent was ordered to pay Petitioner a filing fee refund of $1,000 and a Civil Penalty of $500 for Issue 2. Respondent prevailed on Issues 1, 3, and 5.
Why this result: Petitioner failed to meet the burden of proof on Issues 1, 3, and 5, often due to the Board's discretion being upheld (budget, maintenance pace) or failure to establish the circumstances constituted an actionable nuisance (news crew).
Key Issues & Findings
Inadequate budget and funding of reserves; improper withdrawal of reserve funds.
Petitioner alleged the HOA improperly borrowed reserves (~$390k) for operating expenses and failed to adopt an adequate budget for reserves. The Tribunal found the budget practices required only a reasonable estimate and that the reserve contributions had exceeded recommended levels as of July 2024.
Orders: Petitioner's claim denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Declaration § 7.1
- Declaration § 7.12
- Declaration § 7.14
Installation of 'puppy potty' on common elements.
Petitioner sought removal of a puppy potty installed on the roof (a common element) arguing it violated rules prohibiting pet structures on common elements and constituted a nuisance. The Tribunal found the puppy potty was a structure for the care of pets on common elements, violating Section 4.6.2.
Orders: Respondent is directed to remove the puppy potty structure, and a Civil Penalty of $500 is imposed.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00
Disposition: petitioner_win
- Declaration § 4.6.1
- Declaration § 4.6.2
Allowing news crew use of common area.
Petitioner contested the HOA allowing a news crew in the common pool area during the 2023 baseball post-season. The Tribunal found the Declaration permits invitees (guests) and failed to establish the presence of the news crew was unreasonable, offensive, or infringed upon owner easements.
Orders: Petitioner's claim denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Declaration § 3.3.1
- Declaration § 3.3.2
- Declaration § 4.13
Failure to provide required notice and adequate information in agendas.
Petitioner alleged the HOA agendas failed to provide adequate information for meaningful resident comments, specifically concerning non-emergency topics like purchasing patio furniture. The Tribunal found evidence that the Board failed to include at least one non-emergency topic on the agenda.
Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1248 and its Community Documents going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1248(E)
- A.R.S. § 33-1248(F)
Failure to maintain, repair, and replace Common Elements (structural damage/garage cracks).
Petitioner sought enforcement of maintenance obligations due to perceived slow pace (years of delay) in addressing structural cracks and water infiltration in the garage ceiling. The Tribunal acknowledged delays but noted the Board had engaged experts and was following their recommendations for monitoring and testing before the decision date.
Orders: Petitioner's claim denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Declaration § 5.1
Analytics Highlights
- Declaration § 7.1
- Declaration § 7.12
- Declaration § 7.14
- Declaration § 4.6.1
- Declaration § 4.6.2
- Declaration § 3.3.1
- Declaration § 3.3.2
- Declaration § 4.13
- A.R.S. § 33-1248(E)
- A.R.S. § 33-1248(F)
- Declaration § 5.1