Case Summary
| Case ID | 24F-H007-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-11-08 |
| Administrative Law Judge | Brian Del Vecchio |
| Outcome | partial |
| Filing Fees Refunded | $1,500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Virginia Guest | Counsel | — |
|---|---|---|---|
| Respondent | Bella Tierra Community Association | Counsel | Nicholas C. S. Nogami, Esq. |
Alleged Violations
CC&Rs § 5.1, ARIZ. REV. STAT. § 33-1803
Outcome Summary
The petition was granted in part and denied in part. Petitioner won the claim regarding the unauthorized certified letter charges, resulting in removal of the charges and a $500.00 fee refund. Petitioner lost the claims regarding the animal restriction (chickens are banned fowl) and the failure to engage in mediation (ADR provision 9.15 was inapplicable).
Why this result: Petitioner failed to prove violations of CC&Rs § 9.1.1 and CC&Rs § 9.15. Chickens are banned as birds/fowl under CC&Rs § 3.3, and the mediation clause only applies to disputes involving Declarant Parties, not general homeowner disputes.
Key Issues & Findings
Wrongfully charging costs of certified letters/appeal response as a balance forward
Petitioner alleged Respondent wrongfully forwarded the cost of sending certified letters (categorized as a 'balance forward') onto her account without authority in the CC&Rs, violating rules for imposing fines.
Orders: Respondent ordered to pay Petitioner $500.00 of her filing fee and remove the balance forward associated with certified letter costs from her assessment.
Filing fee: $1,500.00, Fee refunded: Yes
Disposition: petitioner_win
- CC&Rs § 5.1
- ARIZ. REV. STAT. § 33-1803
Analytics Highlights
- ARIZ. REV. STAT. § 32-2199 et seq.
- ARIZ. REV. STAT. § 33-1803
- CC&Rs § 9.1.1
- CC&Rs § 3.3
- CC&Rs § 9.15
- CC&Rs § 5.1