Case Summary
| Case ID | 19F-H1918004-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2018-11-30 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | win |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John W. Gray | Counsel | — |
|---|---|---|---|
| Respondent | Mesa Coronado III Condominium Association | Counsel | Austin Baillio, Esq. |
Alleged Violations
A.R.S. § 33-1258
Outcome Summary
The Petitioner was deemed the prevailing party regarding the Respondent's violations of the CC&Rs and rules concerning parking enforcement. The Respondent was ordered to refund the Petitioner's $500.00 filing fee.
Key Issues & Findings
Failure to enforce parking rules (vehicle limits, garage use, inoperable vehicles)
Petitioner alleged that the HOA refused to enforce parking rules regarding vehicle limits, requiring use of garages for first cars, and banning inoperable or commercial vehicles, despite written complaints. The ALJ found the HOA failed to enforce these rules or issue proper notices/fines.
Orders: MCIII ordered to pay Petitioner his filing fee of $500.00 within thirty days of the Order.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1258
- MCIII Rules and Regulations #2 and #3
- MCIII CC&Rs 4.12
- MCIII CC&Rs 4.13
- MCIII CC&Rs 4.14
Analytics Highlights
- A.R.S. § 33-1258
- A.R.S. § 32-2199(1)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. §32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
Audio Overview
Decision Documents
19F-H1918004-REL Decision – 674057.pdf
Briefing Document: Gray v. Mesa Coronado III Condominium Association (Case No. 19F-H1918004-REL)
Executive Summary
This document provides a comprehensive analysis of the Administrative Law Judge Decision in the case of John W. Gray (Petitioner) versus the Mesa Coronado III Condominium Association (MCIII, Respondent). The central issue was MCIII’s failure to enforce its own Covenants, Conditions, and Restrictions (CC&Rs) and community rules regarding vehicle parking.
The Petitioner, Mr. Gray, presented credible and convincing evidence of widespread, ongoing parking violations by multiple residents, including exceeding vehicle limits, failing to use garages for primary parking, and the long-term storage of an inoperable vehicle in a common area parking space. The Respondent, MCIII, argued that the rules were difficult to enforce and that it had taken some action, including revising the rules shortly before the hearing.
The Administrative Law Judge (ALJ) ultimately rejected MCIII’s defense, concluding that the association had demonstrably failed to enforce its governing documents. The ALJ found that MCIII had viable enforcement options, such as issuing notices and fines, which it did not utilize. The final order deemed the Petitioner the prevailing party and required MCIII to reimburse his $500 filing fee.
Case Overview
• Parties Involved:
◦ Petitioner: John W. Gray, owner of Unit 122 in the Mesa Coronado III Condominium development.
◦ Respondent: Mesa Coronado III Condominium Association (MCIII), the unit owners’ association for the 33-unit development.
• Adjudicating Body: The Office of Administrative Hearings, following a referral from the Arizona Department of Real Estate.
• Hearing Date: October 29, 2018.
• Decision Date: November 30, 2018.
• Core Allegation: The Petitioner alleged that MCIII violated its own Rules, Regulations, and CC&Rs (specifically Articles 4.12, 4.13, and 4.14) by refusing to enforce parking rules despite receiving written complaints.
Background and Timeline of the Dispute
The conflict centered on parking within the MCIII development, which has 36 parking spaces for 33 units, with spaces being “open” and not assigned to specific units (with one exception).
• Pre-existing Rules (Adopted Jan. 2002):
◦ Owners were limited to two cars per unit.
◦ The garage was considered the “assigned” parking for the first car.
◦ Inoperable vehicles were banned from the property.
◦ A system of warnings and fines was in place for rule violations.
• May 17, 2018: Petitioner Gray submitted a formal written complaint to MCIII, identifying at least eight units in violation of parking rules. His complaint specified:
◦ Units with three cars were not using their garages for parking, instead using them for storage.
◦ An inoperable red truck had been stationary in the same parking spot for over a year.
◦ A commercial truck was present containing what he believed to be hazardous pool chemicals.
• MCIII’s Initial Response: The association acknowledged a “history” with the parking situation and stated the Board would review the rules for revision. MCIII noted it would investigate the red truck and also accused the Petitioner of regularly parking his own truck in a fire lane.
• July 16, 2018: The Petitioner sent a follow-up notification regarding the continuing violations.
• MCIII’s Second Response: The association informed the Petitioner that the issue would be on the agenda for the July 24, 2018 Board meeting and again reminded him of his own alleged fire lane parking violations.
• July 23, 2018: MCIII sent a notice to the owner of the unit associated with the inoperable red truck, informing them of the rules violation.
• July 30, 2018: The Petitioner filed his formal petition with the Arizona Department of Real Estate.
• October 23, 2018: Days before the hearing, the MCIII Board adopted new parking rules.
Petitioner’s Case and Evidence (John W. Gray)
The Petitioner built a detailed case demonstrating a pattern of non-enforcement by MCIII. The ALJ found his evidence to be “credible and convincing.”
• Specific Violations Alleged:
◦ Excess Vehicles: Multiple units possessed more than the two-vehicle limit.
◦ Garage Misuse: Residents with multiple cars were using common area parking spaces while their garages were used for storage.
◦ Inoperable Vehicle: A red truck remained parked and inoperable in one space for over a year, in direct violation of CC&R 4.14.
• Evidence Presented at Hearing:
◦ Photographs: A series of exhibits (6 through 16) contained photographs documenting the various offending vehicles.
◦ Private Investigation: The Petitioner hired a private investigator to obtain vehicle registration information to link specific vehicles to their owners and units (Exhibit 17).
◦ Quantitative Analysis: The Petitioner calculated that just 12 units were occupying 27 common area parking spaces, leaving very few spaces for the remaining 21 units.
◦ Written Correspondence: Copies of his complaints to MCIII were submitted, demonstrating that the association was put on notice of the violations.
Respondent’s Defense and Actions (MCIII)
The association’s defense centered on the difficulty of enforcement and subsequent actions taken after the Petitioner’s complaint.
• Core Arguments:
◦ Unenforceability: MCIII asserted that it was “almost impossible” to enforce the existing restrictive rules, as it would require constant 24/7 monitoring.
◦ Lack of Prior Complaints: The Respondent claimed it had received no complaints about parking prior to Mr. Gray’s.
◦ Issue is Moot: MCIII argued that its recent revision of the parking rules rendered the Petitioner’s complaint moot.
• Actions Taken by MCIII:
◦ Rule Revision: At the October 23, 2018 Board meeting, MCIII adopted new rules that eliminated the two-car limit but maintained the requirement for residents to use their garage first before occupying common area spaces. The ban on inoperable and commercial vehicles was also kept.
◦ Enforcement Against Petitioner: The Respondent noted that it had previously taken enforcement action by having the Petitioner’s own truck towed for parking in a fire lane.
◦ Notice Regarding Red Truck: MCIII provided evidence that it sent one letter on July 23, 2018, regarding the inoperable red truck.
◦ Towing Contract: The association stated it had recently contracted with Shaffer Towing for towing services.
◦ Community Manager Patrols: The “Community Manager,” Andrea Lacombe, testified that she drove through the property approximately twice a month looking for violations.
Governing Rules and CC&Rs
The decision rested on the specific language of the association’s governing documents in effect at the time of the complaint.
Document
Article/Rule
Provision
Rules & Regulations (Jan 2002)
Rule 3
Limits owners to two cars per unit and “assigns” the garage as parking for the first car.
CC&Rs (Jan 1999)
Art. 4.12
Prohibits the parking of commercial vehicles, RVs, boats, trailers, etc., on any part of the condominium outside of an enclosed garage.
CC&Rs (Jan 1999)
Art. 4.13
States that no parking space may be used for storage or any purpose other than parking of Family Vehicles. Grants the Board the right to assign spaces.
CC&Rs (Jan 1999)
Art. 4.14
Prohibits the storage of inoperable vehicles on any portion of the condominium other than within enclosed garages. Grants the Board the right to have violating vehicles towed.
Administrative Law Judge’s Decision and Rationale
The ALJ sided with the Petitioner, finding that MCIII had failed in its duty to enforce its own rules.
• Rejection of MCIII’s Defense: The ALJ determined that MCIII’s argument that the rules were unenforceable was “not a viable defense.” The decision explicitly stated that the association could have used provisions for notification and fines to enforce the rules but failed to do so.
• Evidence of Non-Enforcement: The hearing record demonstrated a clear failure by MCIII to act.
◦ The evidence was “undisputed” that the inoperable red truck had been in violation for over a year, yet MCIII only sent a single notice long after the complaint was filed.
◦ The ALJ noted that clearing even that one space would have improved the “tenuous parking situation.”
◦ The record contained no indication that MCIII had ever enforced the rules regarding the number of vehicles or the mandatory use of garages for primary parking.
◦ The only enforcement action cited, other than the single letter, was the towing of the Petitioner’s own vehicle.
• Conclusion of Law: Based on the evidence, the ALJ concluded that “MCIII failed to enforce CC&Rs and rules and regulations regarding parking.” The revision of the rules just before the hearing did not negate the past failure to enforce the rules that were in effect at the time of the Petitioner’s complaint.
Final Order
Based on the findings of fact and conclusions of law, the Administrative Law Judge issued a binding order with two key provisions:
1. Prevailing Party: The Petitioner, John W. Gray, is officially deemed the prevailing party in the matter.
2. Reimbursement: MCIII is ordered to pay the Petitioner his filing fee of $500.00 within thirty (30) days of the order.