Case Summary
| Case ID | 24F-H037-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-08-23 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | full |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Taylor Kidd and Jerome L. Glazer | Counsel | Patrick T. Nackley |
|---|---|---|---|
| Respondent | Heritage Village III Homeowners Association | Counsel | Tessa Knueppel and Mark K. Sahl |
Alleged Violations
McCormick Ranch CC&R Article III, Section 4 and Heritage Village III HO CC&R Article VII, Section 1
Outcome Summary
The ALJ found that the Association violated its own CC&Rs (Article VII, Section 1) by failing to incorporate and follow Article III, Section 4 of the McCormick Ranch CC&Rs, which required a two-thirds vote of voting owners for a special assessment for capital improvements. Both petitions were granted, and the Association was ordered to refund the total filing fees of $1,000.00.
Why this result: Respondent failed to take the required vote regarding the special assessment for the Landscape Improvement Project, in violation of the controlling CC&Rs.
Key Issues & Findings
Violation of CC&Rs by approving a Landscape Improvement Project and potential special assessment for a capital improvement without the required 2/3 membership vote.
The Association violated its CC&Rs by failing to follow the McCormick Ranch CC&R provision requiring the assent of two-thirds (2/3) of the votes cast by Voting Owners for a Special Assessment intended for construction, reconstruction, repair, or replacement of a capital improvement (the Landscape Improvement Project).
Orders: The petitions were granted. Respondent was ordered to reimburse both Petitioners' filing fees pursuant to ARIZ. REV. STAT. § 32-2199.02(A).
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- McCormick Ranch CC&R Article III, Section 4
- Association CC&R Article VII, Section 1
Analytics Highlights
- ARIZ. REV. STAT. § 32-2102
- ARIZ. REV. STAT. § 32-2199 et al.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(D), 32-2199.02, and 41-1092
- ARIZ. REV. STAT. § 33-1803.7
- ARIZ. REV. STAT. § 32-2199.02(A)
- ARIZ. ADMIN. CODE R2-19-119
- Title 33, Chapter 16, Article 1 of the Arizona Revised Statutes