Case Summary
| Case ID | 20F-H2019014-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-01-27 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Paul L Moffett | Counsel | Richard M. Rollman |
|---|---|---|---|
| Respondent | Vistoso Community Association | Counsel | Jason E. Smith |
Alleged Violations
CC&Rs Article VII Membership and Voting section 7.3.1 Voting Classes
Outcome Summary
The ALJ dismissed the petition because the Petitioner failed to sustain the burden of proof that the Vistoso Community Association committed a violation of Article VII, Section 7.3.1 by allowing certain owners to vote. The ALJ reasoned that the specific restriction on voting for those paying reduced assessments was inapplicable in this case.
Why this result: The restriction on voting found in Section 7.3.1 applies only when the owner is paying a reduced assessment 'pursuant to Section 8.3.' Since the reduced assessment period permitted under Section 8.3 had expired for the developer owners, they were not paying reduced assessments 'pursuant to Section 8.3,' and were therefore entitled to vote.
Key Issues & Findings
Alleged violation of community document regarding the voting rights of Developer Owners paying reduced assessments.
Petitioner filed a Homeowners Association (HOA) Dispute Process Petition alleging the Respondent HOA violated the community documents (CC&Rs Article VII, Section 7.3.1) by allowing Developer Owners (Vistoso Highlands and Pulte) to vote in an election while they were paying reduced assessments, which Petitioner argued was prohibited.
Orders: Petitioner’s petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 32-2199
- 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)
- Vazanno v. Superior Court
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5
- BLACK’S LAW DICTIONARY
Analytics Highlights
- A.R.S. § 32-2199
- CC&Rs Article VII, Section 7.3.1
- CC&Rs Article VIII, Section 8.3
- 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)
- Vazanno v. Superior Court
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5
- BLACK’S LAW DICTIONARY
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09