Case Summary
| Case ID | 20F-H2020059-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-02-12 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Michael J. Stoltenberg | Counsel | — |
|---|---|---|---|
| Respondent | Rancho Del Oro Homeowners Association | Counsel | Nicole Payne |
Alleged Violations
CC&Rs § 5.1; A.R.S. § 10-3842
Outcome Summary
The Petition was dismissed after rehearing because Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the CC&Rs. The ALJ found that Petitioner continually refused Respondent access to his locked back yard for landscaping maintenance, and the CC&Rs requiring landscaping do not mandate pool maintenance.
Why this result: Petitioner failed to establish a violation due to refusal of access to the back yard and misinterpretation of CC&R obligations regarding pool maintenance.
Key Issues & Findings
Failure to maintain landscaping and acting in bad faith
Petitioner alleged Respondent HOA violated CC&Rs by failing to maintain landscaping in 2020 and acting in bad faith, asserting that pool/hardscape maintenance was included in landscaping duties, and requesting the maximum fine. Respondent countered that they consistently maintained the front yard but were denied access to the locked backyard due to Petitioner's pool liability concerns.
Orders: Petitioner's Petition was dismissed/denied as Petitioner failed to establish a violation by a preponderance of the evidence. However, Respondent was ordered, going forward, to communicate the days and times they will be performing back yard landscaping so Petitioner can provide access.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- CC&Rs § 5.1
- CC&Rs § 5.1(a)
- A.R.S. § 10-3842
- 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.A.C. R2-19-119(B)(2)
- A.R.S. § 32-1122(A)(1)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
Analytics Highlights
- CC&Rs § 5.1
- CC&Rs § 5.1(a)
- A.R.S. § 10-3842
- 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.A.C. R2-19-119(B)(2)
- A.R.S. § 32-1122(A)(1)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)