Case Summary
| Case ID | No. 20F-H2019019-REL (Root), No. 20F-H2019034-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-07-28 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Magnus L.D. MacLeod | Counsel | Jeffrey M. Proper, Esq. |
|---|---|---|---|
| Respondent | Mogollon Airpark, Inc. | Counsel | Gregory A. Stein, Esq. |
Alleged Violations
A.R.S. § 33-1817(A)(1), (A)(2)(a), and (A)(2)(b)
Outcome Summary
Petitioner MacLeod's challenge to the HOA's Amendment (Petition #19) was dismissed. The HOA's cross-petition (Petition #34) was partially affirmed, finding MacLeod in violation of the Amendment by living full-time in his hangar/home. The HOA (Mogollon Airpark, Inc.) was deemed the prevailing party in the cross-petitions, and each party was ordered to bear its own filing fee.
Why this result: Petitioner MacLeod failed to prove the Amendment was improperly adopted, and the HOA successfully proved MacLeod was in violation of the Amendment regarding full-time residency.
Key Issues & Findings
Challenge to the proper adoption of the October 18, 2018 Amendment to the Declaration (Petition #19)
Petitioner MacLeod alleged that the Amendment substantially altering residential usage in Tract Hangar/Homes was improperly adopted because it applied to fewer than all lots and thus required unanimous approval under A.R.S. § 33-1817(A)(2).
Orders: Petition #19 was dismissed because the Amendment was found to be properly adopted requiring 75% approval pursuant to the Declaration and A.R.S. § 33-1817(A)(1) [40, 44a].
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1817(A)(1)
- A.R.S. § 33-1817(A)(2)
- A.R.S. § 33-1817(A)(2)(a)
- A.R.S. § 33-1817(A)(2)(b)
Analytics Highlights
- A.R.S. 33-1801 et seq.
- A.R.S. § 33-1817(A)(1)
- A.R.S. § 33-1817(A)(2)
- A.R.S. § 32-2102
- A.R.S. § 32-2199 et al.
- A.R.S. § 32-2199.05
- A.R.S. § 32-2199(2)
- A.R.S. § 32-2199.01(D)
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092
- Tierra Ranchos Homeowners Ass'n v. Kitchukov