Tag Archives: Prior Approval

Sebastien Verstraet v. Monterey Ridge Condominium Association

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Case Summary

Case ID 23F-H066-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-11-13
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Sebastien Verstraet Counsel —
Respondent Monterey Ridge Condominium Association Counsel Marcus R. Martinez

Alleged Violations

Section 4.24, Declaration/Rules

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the homeowner failed to meet the burden of proof to show the HOA violated its documents. The Declaration and Rules unambiguously prohibited hard floor coverings (including vinyl) in the Petitioner's third-floor unit, and the Petitioner admitted installing the flooring without seeking approval.

Why this result: Petitioner failed to meet the burden of proof. Petitioner received the governing documents prior to closing, failed to fully read them, and failed to seek permission from the Association prior to installing the prohibited Luxury Vinyl Plank flooring.

Key Issues & Findings

Flooring Restriction for New Units

Petitioner challenged the Association's enforcement of a declaration rule prohibiting hard floor coverings (like LVP) in his third-floor unit, arguing his chosen flooring had sufficient soundproofing. The Association argued the rule was clear, unambiguous, and mandatory for enforcement.

Orders: Petitioner's petition is denied. Respondent shall not reimburse Petitioner's filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. §§ 41-1092
  • ARIZ. ADMIN. CODE R2-19-119

Analytics Highlights

Topics: Flooring Restriction, Luxury Vinyl Plank (LVP), CCNR Enforcement, Third Floor Unit, Prior Approval
Additional Citations:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. §§ 41-1092
  • ARIZ. ADMIN. CODE R2-19-119

Decision Documents

23F-H066-REL Decision – 1085177.pdf

Uploaded 2025-10-09T03:42:29 (48.3 KB)

23F-H066-REL Decision – 1112087.pdf

Uploaded 2025-10-09T03:42:30 (110.4 KB)

Rosalie Lynne Emmons v. Rovey Farm Estates Homeowners Association

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Case Summary

Case ID 23F-H055-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-08-22
Administrative Law Judge Brian Del Vecchio
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Rosalie Lynne Emmons Counsel —
Respondent Rovey Farm Estates Homeowners Association Counsel Michael S. McLeran

Alleged Violations

CC&Rs Article 2 §§ 3.2, 3.3, and 3.11

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's petition, concluding that Petitioner failed to meet her burden of proof that the Rovey Farm Estates Homeowners Association engaged in selective enforcement regarding the shed constructed without prior approval, which violated the CC&Rs and design guidelines.

Why this result: Petitioner failed to provide sufficient evidence of selective enforcement. She admitted her shed was built without prior approval, was taller than the fence line, and was visible from the street, all of which violated the CC&Rs. The evidence presented by the Respondent showed consistent enforcement actions regarding similar violations.

Key Issues & Findings

Alleged selective, arbitrary, and capricious enforcement of CC&Rs regarding shed construction and prior approval.

Petitioner alleged that the HOA selectively enforced its shed policy against her, claiming that her denial for a shed built without prior approval and exceeding the fence height should be excused because other, similar non-compliant sheds existed in the community and were not consistently cited.

Orders: Petitioner's petition was dismissed. Petitioner's request to levy a civil penalty against Respondent was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. §§ 41-1092 et seq.
  • CC&Rs Article 2 §§ 3.2, 3.3, and 3.11
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Analytics Highlights

Topics: HOA Enforcement, Selective Enforcement, Shed, Design Guidelines, CC&Rs, Prior Approval
Additional Citations:

  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. §§ 41-1092 et seq.
  • CC&Rs Article 2 §§ 3.2, 3.3, and 3.11
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)

Audio Overview

Decision Documents

23F-H055-REL Decision – 1062778.pdf

Uploaded 2025-10-09T03:41:57 (44.1 KB)

23F-H055-REL Decision – 1086088.pdf

Uploaded 2025-10-09T03:41:58 (110.9 KB)

Dennis Anderson v. Tara Condominiums Association

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Case Summary

Case ID 22F-H2222062-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-08-10
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Dennis Anderson and Mary Scheller Counsel —
Respondent Tara Condominiums Association Counsel —

Alleged Violations

CC&Rs Section 11

Outcome Summary

The Petition was dismissed because the Petitioners failed to meet the burden of proof that the Respondent HOA violated CC&R Section 11. The ALJ concluded that the Petitioners themselves violated Section 11 by constructing the shed without prior written approval.

Why this result: Petitioner failed to prove the HOA violated CC&R Section 11; the construction of the shed occurred prior to seeking or obtaining architectural approval, violating Section 11.

Key Issues & Findings

Alleged unfair, arbitrary, and capricious rejection of Architectural Change Form based on a non-existent rule (shed must not be higher than patio wall).

Petitioners claimed the HOA violated CC&Rs Section 11 by arbitrarily denying their request to construct a shed based on an unwritten rule regarding shed height (must be 3 inches below the wall). Petitioners acknowledged they constructed the shed prior to obtaining approval.

Orders: Petition dismissed; no action required of Respondent.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 32-2199.01
  • A.R.S. § 33-1221
  • CC&Rs Section 11

Analytics Highlights

Topics: HOA, Architectural Change, CC&R Violation, Prior Approval, Shed
Additional Citations:

  • A.R.S. § 32-2199.01
  • A.R.S. § 33-1221
  • CC&Rs Section 11

Audio Overview

Decision Documents

22F-H2222062-REL Decision – 986010.pdf

Uploaded 2025-10-09T03:39:36 (48.4 KB)

22F-H2222062-REL Decision – 991586.pdf

Uploaded 2025-10-09T03:39:36 (114.3 KB)

22F-H2222062-REL Decision – 991600.pdf

Uploaded 2025-10-09T03:39:36 (6.5 KB)

22F-H2222062-REL Decision – 996350.pdf

Uploaded 2025-10-09T03:39:36 (47.3 KB)