Case Summary
| Case ID | 23F-H017-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-03-08 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Carolyn Wefsenmoe | Counsel | — |
|---|---|---|---|
| Respondent | Summit View Homeowner's Association | Counsel | Chad M. Gallacher, Esq. |
Alleged Violations
CC&R’s Article XI, Sections 1, 2, and 3; Summit View Community Plat Notes
Outcome Summary
The Administrative Law Judge denied the petition, ruling that the Petitioner failed to meet the burden of proof to establish that the walls were built on the common area. Since HOA maintenance responsibility primarily attached to the common area, and the location of the walls relative to the lots remained unproven, the HOA was not found in violation of its maintenance obligations.
Why this result: Petitioner failed to prove by a preponderance of the evidence that the walls were located in a common area. No survey evidence was presented to determine whether the walls were on the individual lots (Owner responsibility) or the common area (HOA responsibility).
Key Issues & Findings
HOA failure to maintain perimeter walls and improper charging of homeowners for repairs.
Petitioner alleged that the HOA (SVHA) violated CC&R Article XI, Sections 1, 2, and 3, and the Community Plat Notes by failing to maintain the subdivision perimeter walls and charging homeowners for repairs, arguing the walls abutted and were part of the Common Area (NAOS), making maintenance the HOA's responsibility.
Orders: Petitioner’s petition is denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 32-2199
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- CC&R Article XI, Section 1
- CC&R Article XI, Section 2
- CC&R Article XI, Section 3
- Summit View Community Plat Notes
Analytics Highlights
- A.R.S. § 32-2199
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119
- CC&R Article XI, Section 1
- CC&R Article XI, Section 2
- CC&R Article XI, Section 3
- Summit View Plat Notes