Case Summary
| Case ID | 24F-H006-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-10-26 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Susannah Sabnekar | Counsel | — |
|---|---|---|---|
| Respondent | Four Peaks Vista Owners Association | Counsel | Maria McKee |
Alleged Violations
A.R.S. §§ 33-1252 and 33-1217
Outcome Summary
The Administrative Law Judge dismissed the petition, ruling that the statutes cited by the petitioner regarding conveyance of common elements (A.R.S. §§ 33-1252 and 33-1217) do not apply to the leasing of common elements, which was the action taken by the Respondent HOA.
Why this result: The statutes cited by the Petitioner apply to conveyances, but the disputed action was determined to be a lease, which is treated separately under Arizona's Condominium Act.
Key Issues & Findings
Whether the Board violated statute by conveying a portion of common elements without a vote from all homeowners.
Petitioner alleged the HOA violated A.R.S. §§ 33-1252 and 33-1217 by approving a lease agreement granting the Declarant (Four Peaks) the right to use a portion of the clubhouse as a management office, arguing this action constituted a conveyance requiring an 80% homeowner vote. The ALJ ruled that the statutes apply only to conveyances, not leases, and found no violation.
Orders: The petition is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- 33-1252
- 33-1217
- 33-1242
- 33-1225
Analytics Highlights
- 33-1252
- 33-1217
- 33-1242
- 33-1225
- 33-1226