Case Summary
| Case ID | 21F-H2121044-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-12-15 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Joshua M Waldvogel | Counsel | — |
|---|---|---|---|
| Respondent | Sycamore Estate Parcel 13 Community Association | Counsel | Nicole Payne |
Alleged Violations
CC&Rs Article VI, Section 6.5; A.R.S. § 33-1817(B)(3)
Outcome Summary
Petitioner's claim that his architectural application was deemed approved due to a late denial by the HOA was rejected. The ALJ found that the HOA’s denial was timely because the 60-day clock started when the application was deemed complete (October 6, 2020), not when it was initially submitted (September 15, 2020).
Why this result: The application was deemed incomplete upon initial submission, and the 60-day review period specified in CC&Rs Article VI, Section 6.5 did not commence until all supporting information was submitted on October 6, 2020. The subsequent denial on November 19, 2020, was therefore valid and timely.
Key Issues & Findings
Whether the HOA's Architectural Committee (ARC) timely denied the Petitioner's application for construction of a casita, thereby avoiding deemed approval.
Petitioner asserted the application was submitted on September 15, 2020, requiring a decision by November 14, 2020, resulting in deemed approval when the denial notice was issued on November 19, 2020. Respondent argued the 60-day timeline did not begin until October 6, 2020, when the application was completed with supplemental information, making the November 19, 2020 denial valid (deadline December 5, 2020).
Orders: Petitioner’s petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. Title 32, Ch. 20, Art. 11
- Arizona Administrative Code R2-19-119
- Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
- Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
- Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)
- A.R.S. § 33-1817(B)(3)
Analytics Highlights
- A.R.S. Title 32, Ch. 20, Art. 11
- Arizona Administrative Code R2-19-119
- Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
- Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
- Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)
- A.R.S. § 33-1817(B)(3)