Case Summary
| Case ID | 22F-H2221004-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-11-04 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Vance Gribble | Counsel | — |
|---|---|---|---|
| Respondent | Legend Trail Community Association | Counsel | Josh Bolen, Esq. |
Alleged Violations
A.R.S. § 33-1808(E); Article 1 § 18 of the Declaration; Article 3 § 5 of the Declaration
Outcome Summary
The petition was dismissed because the Petitioner failed to meet the burden of proof necessary to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or the cited Declaration Articles.
Why this result: Petitioner failed to establish by a preponderance of the evidence that the Association violated A.R.S. § 33-1808(E), A.R.S. § 33-1808(F), or Article 3 § 5/Article 1 § 18 of the Declaration.
Key Issues & Findings
HOA rule adoption/enforcement regarding motorized vehicle use (ATVs/scooters)
Petitioner alleged the Association improperly prohibited the use of ATVs and motorized scooters on Association streets via e-mails (March 31, 2021, and June 21, 2021). The Association contended these were not rules and no formal enforcement action was taken.
Orders: Petitioner Vance Gribble’s petition against Respondent Legend Trail Community Association is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1808(E)
- A.R.S. § 33-1808(F)
- Article 1 § 18 of the Declaration
- Article 3 § 5 of the Declaration
Analytics Highlights
- A.R.S. § 33-1808(E)
- A.R.S. § 33-1808(F)
- Article 1 § 18 of the Declaration
- Article 3 § 5 of the Declaration
- A.R.S. § 32-2199(B)
- Title 33, Chapter 16
- A.R.S. §§ 33-3101 to 33-11702
- A.R.S. § 10-3140
- A.R.S. § 33-1803
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
- Vazanno v. Superior Court
- Powell v. Washburn
- Lookout Mountain Paradise Hills Homeowners’ Ass’n v. Viewpoint Assocs.