Case Summary
| Case ID | 21F-H2120009-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-12-17 |
| Administrative Law Judge | Kay A. Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John D Klemmer | Counsel | — |
|---|---|---|---|
| Respondent | Caribbean Gardens Association | Counsel | Nicole D. Payne, Esq., Lydia A. Pierce Linsmeier, Esq. |
Alleged Violations
CC&Rs Article 1, Sections 1.5 and 1.8; Article 3, Section 3.4; Article 4, Section 4.1; Article 8, Section 8.1; and, Article 12, Section 12.4
Outcome Summary
The Petition was dismissed because the Petitioner failed to prove, by a preponderance of the evidence, that the Respondent Association violated the cited CC&R provisions by refusing to manage the disputed area, which the ALJ determined was a limited common element.
Why this result: The Petitioner lost because the area in dispute was determined to be a 'limited common element' (a balcony serving Unit 207) under Arizona statute (A.R.S. § 33-1212(A)), not a 'common area' the Association was required to manage under the referenced CC&Rs.
Key Issues & Findings
Refusal to manage, operate, maintain and administer common area
Petitioner alleged the HOA violated multiple CC&Rs by refusing to maintain an area between Unit 206 and Unit 207, which he claimed was a common area. The HOA argued the area was a limited common element. The ALJ concluded, relying on A.R.S. § 33-1212(A), that the disputed area was a limited common element (a balcony) allocated exclusively to Unit 207, thus Petitioner failed to establish a CC&R violation.
Orders: Petitioner's Petition is dismissed. Petitioner bears his $500.00 filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1212(A)
- CC&Rs Article 1, Section 1.5
- CC&Rs Article 1, Section 1.6
- CC&Rs Article 3, Section 3.4
- CC&Rs Article 4, Section 4.1
- CC&Rs Article 8, Section 8.1
- CC&Rs Article 12, Section 12.4
Analytics Highlights
- A.R.S. § 33-1212
- A.R.S. § 33-1218
- A.R.S. Title 33, Chapter 16
- A.A.C. R2-19-119
- CC&Rs Article 1, Sections 1.5, 1.8
- CC&Rs Article 3, Section 3.4
- CC&Rs Article 4, Section 4.1
- CC&Rs Article 8, Section 8.1
- CC&Rs Article 12, Section 12.4