Case Summary
| Case ID | 24F-H001-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-10-16 |
| Administrative Law Judge | Jenna Clark |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Kristeen L. Herron | Counsel | — |
|---|---|---|---|
| Respondent | The Villages at Rancho El Dorado Homeowners Association | Counsel | Lydia Linsmeier |
Alleged Violations
CC&Rs Article 4.4
Outcome Summary
The Administrative Law Judge concluded that Petitioner failed to establish a violation of Article 4.4 of the CC&Rs, finding that the Association's regulation of the lap pool temperature was authorized and reasonable, and dismissed the petition.
Why this result: Petitioner failed to sustain her burden of proof by a preponderance of the evidence that the Association violated CC&Rs Article 4.4. Petitioner's preference for warmer water did not establish discrimination or a rule violation.
Key Issues & Findings
Whether The Villages at Rancho El Dorado Homeowners Association (Respondent) is in violation of CC&Rs Article 4.4 for “turning off the lap pool heater … [f]or approximately one month” which Petitioner further alleges constitutes discrimination against senior residents.
Petitioner alleged the HOA violated CC&Rs Article 4.4 by turning off the lap pool heater around mid-April 2023, making the temperature too cold for her use and constituting discrimination against senior residents who rely on the pool for exercise. The ALJ found Petitioner failed to prove a violation of CC&Rs Article 4.4 or age-based discrimination.
Orders: Petitioner's petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- CC&Rs Article 4.4
- The Villages at Rancho El Dorado RULES & REGULATIONS 3.5.7(e)
- ARIZ. REV. STAT. § 32-2199 et seq.
- ARIZ. ADMIN. CODE R2-19-119
Analytics Highlights
- ARIZ. REV. STAT. §§ 32-2102
- ARIZ. REV. STAT. §§ 32-2199 et seq.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 32-2199.02
- ARIZ. REV. STAT. § 41-1092 et seq.
- ARIZ. REV. STAT. § 41-1092.08(H)
- ARIZ. REV. STAT. § 12-904(A)
- ARIZ. ADMIN. CODE R2-19-106
- ARIZ. ADMIN. CODE R2-19-119
- CC&Rs Article 4.4
- CC&Rs 8.2(c)(12)
- The Villages at Rancho El Dorado RULES & REGULATIONS 3.5.7
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)