Case Summary
Case ID | 19F-H1918010-REL |
---|---|
Agency | ADRE |
Tribunal | OAH |
Decision Date | 2019-05-10 |
Administrative Law Judge | Tammy L. Eigenheer |
Outcome | loss |
Filing Fees Refunded | $0.00 |
Civil Penalties | $0.00 |
Parties & Counsel
Petitioner | John A Sellers | Counsel | — |
---|---|---|---|
Respondent | Rancho Madera Condominium Association | Counsel | Edward D. O'Brien |
Alleged Violations
CC&Rs § 3.10
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that the HOA (Respondent) did not violate CC&R Section 3.10. The CC&Rs imposed the duty of keeping the drainage area clear primarily on the Unit Owners, and the HOA only retained the right to enforce this requirement, not an explicit obligation.
Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated the CC&Rs because the HOA did not have an obligation to enforce clearance requirements against unit owners under the cited covenant provisions.
Key Issues & Findings
Alleged violation of CC&Rs § 3.10 by failing to require unit owners to remove vegetation and fencing materials from the stormwater channel behind their homes.
Petitioner alleged the HOA violated CC&Rs § 3.10 by failing to compel unit owners to clear vegetation and debris (including chicken wire) from the stormwater drainage channel, asserting this failure created a flood risk to unit 12. The ALJ found that the CC&Rs placed the primary maintenance responsibility on Unit Owners, and the HOA only had the right, but not the obligation, to enforce clearance requirements.
Orders: The petition was denied and dismissed. No action was required of Respondent because Petitioner failed to establish that Respondent violated the CC&Rs regarding maintenance of the drainage easement.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 32-2199.01
- Title 33, Chapter 9
- A.A.C. R2-19-119(A) and (B)(1)
- Vazanno v. Superior Court
- A.A.C. R2-19-119(B)(2)
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5
- BLACK’S LAW DICTIONARY
- Powell v. Washburn
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs.
Analytics Highlights
- A.R.S. § 32-2199.01
- Title 33, Chapter 9
- A.A.C. R2-19-119(A) and (B)(1)
- Vazanno v. Superior Court
- A.A.C. R2-19-119(B)(2)
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5
- BLACK’S LAW DICTIONARY
- Powell v. Washburn
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs.