Case Summary
| Case ID | 24F-H025-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-04-18 |
| Administrative Law Judge | Amy M. Haley |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | David Y. Samuels | Counsel | — |
|---|---|---|---|
| Respondent | The Concorde Condominium Home Owners Association | Counsel | Ashley N. Turner |
Alleged Violations
A.R.S. § 33-1803
Outcome Summary
The petition filed by David Y. Samuels against The Concorde Condominium Home Owners Association was dismissed. The Tribunal found that Samuels lacked standing to bring the action as an individual, and the cited statute, A.R.S. § 33-1803 (Planned Community Act), was improper for this condominium dispute.
Why this result: Petitioner lacked standing because the property was owned by Daso Properties, LLC, not by David Y. Samuels individually. Additionally, the Petitioner brought the action under the incorrect statute, A.R.S. § 33-1803, which governs planned communities, not condominiums.
Key Issues & Findings
Alleged violation concerning late fees, collection fees, and attorney fees for delinquent assessment payments
Petitioner alleged Respondent violated A.R.S. § 33-1803 by charging unwarranted late fees, collection fees, and attorney fees for delinquent assessments.
Orders: Petitioner's petition is dismissed because Petitioner lacked standing as an individual owner, and the cause of action was brought under the improper statute (Planned Community Act) for a condominium property.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1803
- A.R.S. § 32-2199.01(A)
- A.R.S. § 33-1801(A)
- A.R.S. § 32-2199 et seq.
- A.R.S. § 41-1092.09
Analytics Highlights
- A.R.S. § 33-1803
- A.R.S. § 32-2199.01(A)
- A.R.S. § 33-1801(A)
- A.R.S. § 32-2199 et seq.
- A.R.S. § 41-1092.09
- A.A.C. R2-19-106(D)