Case Summary
| Case ID | 22F-H2222039-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-10-03 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Oak Creek Knolls Property Owners Association, Inc. | Counsel | Augustus H. Shaw, IV |
|---|---|---|---|
| Respondent | Kim M. Grill | Counsel | Lawrence J. Felder |
Alleged Violations
Article 2, Section 2.11 of the Restatement of Declaration of Covenants, Conditions and Restrictions (CC&Rs)
Outcome Summary
The Administrative Law Judge denied the petition, finding that the HOA failed to prove the homeowner violated the CC&Rs regarding leasing/occupancy rules, as the homeowner and her roommate's arrangement met the undefined term 'common household' required for a 'Single Family' occupancy.
Why this result: The HOA failed to meet the burden of proving that the homeowner's temporary roommate agreement constituted a violation of CC&R Article 2, Section 2.11.
Key Issues & Findings
Residential Use/Leasing Restrictions
Petitioner HOA alleged Respondent homeowner violated CC&R Article 2, Section 2.11 by entering into a roommate agreement while residing in the home, interpreting this as leasing less than the entire unit and arguing the parties did not constitute a 'Single Family' maintaining a 'common household.'
Orders: Petitioner’s petition denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. §§ 32-2102
- 32-2199 et seq.
- ARIZ. ADMIN. CODE R2-19-119
Analytics Highlights
- ARIZ. REV. STAT. §§ 32-2102
- 32-2199 et seq.
- ARIZ. ADMIN. CODE R2-19-119
- CC&Rs Article 2, Section 2.11