Case Summary
| Case ID | 22F-H2222063-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-04-13 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Smoot Carl-Mitchell | Counsel | Stewart F. Gross, Esq. |
|---|---|---|---|
| Respondent | Los Reyes Homeowners Association Inc. | Counsel | Michael S. McLeran, Esq. |
Alleged Violations
A.R.S. § 33-1819; CC&Rs Article VIII, Section 8.8
Outcome Summary
The ALJ affirmed the Petitioner's position that the HOA's denial of artificial turf violated CC&Rs Section 8.8. The ALJ found that because maintenance was shared and the HOA's CC&Rs cannot contradict the superior McCormick Ranch rules (which allow artificial turf), the denial was improper and the HOA failed to meet the exemption requirements under A.R.S. § 33-1819(B).
Key Issues & Findings
Architectural disapproval of landscaping plans to install artificial turf
Petitioner alleged Respondent's disapproval of his landscaping plans to install artificial turf violated the CC&Rs and was unreasonable under Arizona law. The ALJ concluded the disapproval violated CC&Rs Section 8.8 because the maintenance responsibility was shared, not exclusive to the HOA, and the HOA's CC&Rs must not contradict McCormick Ranch's Rules, which permit artificial turf.
Orders: Petitioner’s petition is affirmed. Respondent must reimburse Petitioner the $500.00 filing fee. Respondent is directed to comply with the requirements of CC&Rs Section 8.8 going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1819
- CC&Rs Article VIII, Section 8.8
- CC&Rs Article 9.4
- CC&Rs Article 6.2
Analytics Highlights
- A.R.S. § 32-2199 et seq.
- A.R.S. § 32-2199.02(B)
- A.R.S. § 33-1819
- A.A.C. R2-19-119
- CC&Rs Article VIII, Section 8.8
- CC&Rs Article 9.4
- CC&Rs Article 6.2