Case Summary
| Case ID | 25F-H001-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-11-12 |
| Administrative Law Judge | Samuel Fox |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | R.L. Whitmer | Counsel | — |
|---|---|---|---|
| Respondent | Hilton Casitas Council of Homeowners | Counsel | Emily H. Mann |
Alleged Violations
A.R.S. § 33-1215(A)(1)
Outcome Summary
The Administrative Law Judge found the Respondent HOA in violation of A.R.S. § 33-1215(A)(1) for failing to contain the name of the association in the Declaration. The Petitioner was deemed the prevailing party and awarded the $500.00 filing fee, but no civil penalty was imposed.
Key Issues & Findings
Declaration requirements for naming the condominium and association.
Petitioner claimed the Declaration failed to comply with A.R.S. § 33-1215(A)(1) because it lacked the formal name of the association. Respondent argued the existing reference to the 'Council of Co-owners' was sufficient because case law established the current association was the successor entity. The Tribunal found the Declaration did not contain the name of the association as required.
Orders: Respondent shall pay Petitioner the filing fee of $500.00 within thirty (30) days and shall comply with A.R.S. § 33-1215(A)(1) going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1215(A)(1)
- A.R.S. § 12-550
- A.R.S. § 33-1202(15)
- A.R.S. § 33-1219(A)
- London v Carrick
- Schaefer v Pro Keanti AZ2 LP
- Eli v Cro County A
Analytics Highlights
- A.R.S. § 33-1215(A)(1)
- A.R.S. § 12-550
- A.R.S. § 33-1202(15)
- A.R.S. § 33-1219(A)
- A.R.S. § 32-2199
- A.R.S. § 41-1092
- London v Carrick
- Schaefer v Pro Keanti AZ2 LP
- Eli v Cro County A