Case Summary
| Case ID | 21F-H2120003-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-06-03 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | none |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Keith D Smith | Counsel | — |
|---|---|---|---|
| Respondent | Sierra Foothills Condominium Association | Counsel | — |
Alleged Violations
CC&R section 7.1(C)
ARIZ. REV. STAT. section 33-1248
Outcome Summary
The Petitioner's petition, alleging violations of CC&R section 7.1(C) and ARIZ. REV. STAT. section 33-1248, was dismissed because the Petitioner failed to meet the burden of proof on both alleged violations.
Why this result: The Petitioner failed to provide substantial evidence to support either the alleged open meeting law violation or the claim that the monument sign rule was unreasonable/discriminatory.
Key Issues & Findings
Board authority to adopt rules that allegedly unreasonably discriminate among Owners regarding monument sign usage
Petitioner alleged the Association's rule limiting the monument sign use to only Building B units was an unreasonable and discriminatory violation of CC&R 7.1(C) and 6.26(a). The ALJ found the limitation reasonable because Building A units have street frontage available for signage, while Building B units do not.
Orders: Petitioner failed to prove the Association violated CC&R section 7.1(C) because the limitation was reasonable. CC&R section 6.26 only applies to Article 6 and was not violated.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. ADMIN. CODE § R2-19-119
- CC&R section 7.1(C)
- CC&R section 6.26(a)
Alleged open meeting law violation regarding adoption of the monument sign rule
Petitioner alleged the Board members communicated via email and reached their decision prior to the June 10, 2020 meeting, calling for a vote without discussion, violating open meeting laws. The ALJ found the claim unsubstantiated, noting that discussion did occur and no evidence (emails) was provided.
Orders: Petitioner did not prove the Association violated ARIZ. REV. STAT. section 33-1248. The petition was dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. REV. STAT. § 33-1248
- ARIZ. ADMIN. CODE § R2-19-119
- ARIZ. ADMIN. CODE § R2-19-115
Analytics Highlights
- ARIZ. REV. STAT. § 33-1248
- ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
- ARIZ. ADMIN. CODE § R2-19-119
- ARIZ. REV. STAT. § 41-1092.07(F)(6)
- ARIZ. REV. STAT. § 32-2199.02(B)
- ARIZ. REV. STAT. § 41-1092.07(F)(1)
- ARIZ. ADMIN. CODE § R2-19-115