Case Summary
| Case ID | 24F-H056-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-10-21 |
| Administrative Law Judge | Samuel Fox |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Justin R. Sheakley | Counsel | — |
|---|---|---|---|
| Respondent | Arizona Hillcrest Community Association | Counsel | Quinten Cupps |
Alleged Violations
CC&Rs Article 11, Section 11.2
Outcome Summary
Petitioner failed to meet the burden of proof showing Respondent violated its Community Documents concerning the determination of structural damage required for shared cost repair under CC&R 11.2.
Why this result: Petitioner failed to demonstrate by a preponderance of the evidence that the Board was unreasonable when determining the wall at issue was structurally damaged.
Key Issues & Findings
Dispute regarding cost sharing for common wall repair (structural damage determination)
Petitioner claimed the wall only required cosmetic repair (HOA responsibility per CC&R 11.2) rather than structural replacement (shared cost). The HOA relied on contractor assessment indicating structural damage. The ALJ found Petitioner failed to meet the burden of proof to show the HOA violated the CC&Rs or acted unreasonably in ordering the repair.
Orders: Respondent deemed the prevailing party.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 32-2199
- A.R.S. § 32-2199.01
- A.R.S. § 32-2199.02
Analytics Highlights
- CC&Rs Article 11, Section 11.2
- A.R.S. § 32-2199
- A.R.S. § 32-2199.01
- A.R.S. § 32-2199.02