Case Summary
| Case ID | 20F-H2019003-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-03-16 |
| Administrative Law Judge | Antara Nath Rivera |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Will Schreiber | Counsel | Aaron M. Green |
|---|---|---|---|
| Respondent | Cimarron Hills at McDowell Mountain Homeowners Association | Counsel | Mark K. Sahl |
Alleged Violations
CC&R Article 12.3; Design Guidelines Sections HH & E
Outcome Summary
The ALJ dismissed the Petition, concluding that the Petitioner failed to meet the burden of proof that the Respondent HOA violated its community documents when denying retroactive approval for the glass view fence, and found the HOA's denial to be reasonable.
Why this result: Petitioner failed to establish by a preponderance of the evidence that he rightfully sought approval to change his existing fence pursuant to the Design Guidelines.
Key Issues & Findings
HOA denial of retroactive glass view fence approval
Petitioner installed a glass viewing fence without prior approval and subsequently sought retroactive approval, which the HOA denied. Petitioner argued the denial was unreasonable. The ALJ found that Petitioner failed to follow proper procedures to seek approval for the fence change and failed to show the HOA violated its governing documents, finding the HOA's denial reasonable.
Orders: Petitioner Will Schreiber's Petition was dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- 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.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
- CC&R Article 12.3
- Design Guidelines Section HH
- Design Guidelines Section E
- Design Guidelines Section GG
Analytics Highlights
- 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.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
- CC&R Article 12.3
- Design Guidelines Section HH
- Design Guidelines Section E
- Design Guidelines Section GG