Case Summary
| Case ID | 20F-H2019026-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-07-14 |
| Administrative Law Judge | Jenna Clark |
| Outcome | total_loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Werner A. Reis | Counsel | — |
|---|---|---|---|
| Respondent | Canyon Mesa Townhouse Association | Counsel | Edward O’Brien and Mark Sall |
Alleged Violations
CC&Rs Article III, sec. 1
Outcome Summary
Petitioner's request to find the Association in violation of CC&Rs Article III section 1 was denied because Petitioner failed to sustain his burden of proof. The Association Board acted within its authority to maintain and improve Common Areas (painting pickleball lines on one tennis court), and this action did not violate Petitioner's easement or enjoyment rights.
Why this result: Petitioner failed to sustain the burden of proof that the Association violated the CC&Rs. The material facts showed the Board was authorized to manage and maintain the Common Areas, and access to tennis play was not denied, as one court remained available at all times.
Key Issues & Findings
Whether Canyon Mesa Townhouse Association violated community documents CC&Rs Article III, sec. 1.
Petitioner alleged the Association infringed upon the easement rights of members by painting pickleball lines on one of two tennis courts, arguing this restricted tennis play and constituted an impediment of enjoyment rights.
Orders: Petitioner’s petition is denied, and the February 24, 2020, ALJ Decision, restated herein, is the FINAL ORDER.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. §§ 32-2102
- ARIZ. REV. STAT. §§ 32-2199 et seq.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 33-1243
- Tierra Ranchos Homeowners Ass'n v. Kitchukov
Analytics Highlights
- ARIZ. REV. STAT. §§ 32-2102
- ARIZ. REV. STAT. §§ 32-2199 et seq.
- ARIZ. REV. STAT. § 33-1243
- Tierra Ranchos Homeowners Ass'n v. Kitchukov