Case Summary
| Case ID | 24F-H008-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-01-11 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | total |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Keith W. Cunningham | Counsel | — |
|---|---|---|---|
| Respondent | The Residences at 2211 Camelback Condominium Association, INC | Counsel | Allison Preston |
Alleged Violations
A.R.S. § 33-1258
CC&Rs Section 8.1.1
Outcome Summary
The petition was granted, finding Respondent violated A.R.S. § 33-1258 regarding records access and Section 8.1.1 of the CC&Rs regarding required property and general liability insurance limits. Respondent was ordered to comply with both going forward and reimburse the $1,000 filing fee.
Key Issues & Findings
Failure to provide or make reasonably available requested financial records and documents for examination
The Association failed to make requested financial records and vendor contracts (Epic Valet, FSR) reasonably available for examination within the ten business day statutory timeframe following requests on July 10 and July 24, 2023.
Orders: Respondent is ordered to comply with A.R.S. § 33-1258 going forward.
Filing fee: $1,000.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1258
Violation of CC&Rs regarding required insurance coverage limits
The Association failed to maintain property insurance equal to 100% of the replacement cost (appraised at $73,000,000, but insured for $59,000,000). Additionally, general liability coverage of $1,000,000 per occurrence was below the CC&R required $3,000,000 limit.
Orders: Respondent is ordered to comply with Section 8.1.1 of the CC&Rs going forward.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_win
- CC&Rs Section 8.1.1
Analytics Highlights
- A.R.S. § 33-1258
- CC&Rs Section 8.1.1