Case Summary
| Case ID | 22F-H2222028-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-10-11 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Asmaa Kadhum | Counsel | — |
|---|---|---|---|
| Respondent | Goldcrest Patio Homes Condominium Association | Counsel | — |
Alleged Violations
A.R.S. § 33-1256
Outcome Summary
The Administrative Law Judge denied the petition, concluding that since the lien central to the Petitioner's complaint (A.R.S. § 33-1256) had been released and no enforcement action was pending, there was no issue for the OAH to decide regarding the reasonableness of the remaining outstanding legal fees.
Why this result: Petitioner failed to meet the burden of proving a violation of A.R.S. § 33-1256 because the underlying lien had been released and no enforcement action was being pursued by the Respondent against the property.
Key Issues & Findings
Requesting to Waive/or Adjust Unreasonable Collection Fees
Petitioner alleged Respondent (HOA) violated A.R.S. § 33-1256 by charging unreasonable collection fees and legal fees ($2,351.40 or $3,500.00) related to a lien placed (June 15, 2020) and later released (November 13, 2020). Petitioner argued the fees were invalid as the underlying lien was improper and subsequently released. The ALJ found no violation because there was no recorded lien or pending enforcement action at the time of the petition (January 2022) or rehearing, thus removing the issue from the OAH's purview under the cited statute.
Orders: Petitioner's petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1256
- A.R.S. § 33-420
- A.R.S. § 32-2199 et seq.
- A.A.C. R2-19-119
Analytics Highlights
- A.R.S. § 33-1256
- A.R.S. § 33-420
- A.R.S. § 32-2199 et seq.
- A.A.C. R2-19-119
- A.R.S. § 32-2199.02(B)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)