Case Summary
| Case ID | 20F-H2020057-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-12-01 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | no |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Susan E Abbass | Counsel | — |
|---|---|---|---|
| Respondent | 10000 North Central Homeowners Association | Counsel | Blake R. Johnson |
Alleged Violations
CCR’s Article XII, Section 6 and Article XIII, Sections 1(d) and 4
Outcome Summary
The Administrative Law Judge concluded, based on the evidence from both the initial hearing and the rehearing, that the Respondent (HOA) did not violate Article XII Section 6 or Article XIII Sections 1(d) and 4 of the CCR's. Petitioner failed to meet the burden of proof, and the appeal was dismissed.
Why this result: Petitioner failed to meet the burden of proof to establish a violation. The ALJ found that the HOA only had the right, not the obligation, to enter the neighboring property, and acted in compliance with the CCR's.
Key Issues & Findings
HOA's duty/obligation to grant access to neighboring property for water leak inspection
Petitioner claimed Respondent HOA violated community documents by failing to allow inspection of a neighboring property to determine the source of a water leak affecting Petitioner's home.
Orders: Petitioner's appeal is dismissed. Respondent is the prevailing party with regard to the rehearing.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 41-2198.01
- A.R.S. § 32-2199.02(A)
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
Analytics Highlights
- A.R.S. § 41-2198.01
- A.R.S. § 32-2199.02(A)
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)