Case Summary
| Case ID | 20F-H2019018-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-01-29 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Robert L Greco | Counsel | — |
|---|---|---|---|
| Respondent | Bellasera Community Association, Inc. | Counsel | Nathan Tennyson |
Alleged Violations
A.R.S. § 33-1803(B)
Outcome Summary
The Administrative Law Judge concluded that Bellasera Community Association, Inc. did not violate A.R.S. § 33-1803(B) because the homeowner received constructive notice of the violation and fine structure, satisfying statutory requirements. The petition was dismissed.
Why this result: Petitioner failed to meet the burden of proving Respondent violated A.R.S. § 33-1803(B), as the evidence showed Petitioner received sufficient constructive notice of the alleged violation and had an opportunity to be heard or appeal.
Key Issues & Findings
Whether the HOA violated statutory requirements regarding notice and imposition of monetary penalties/late fees, resulting in suspension of privileges.
Petitioner alleged the HOA violated A.R.S. § 33-1803(B) by imposing fines and suspending gate/clubhouse access without providing adequate (actual) notice of the violation and hearing opportunity, and by improperly imposing late fees. The ALJ found the HOA provided constructive notice, satisfying the statute, and was entitled to impose cumulative fines for the ongoing violation.
Orders: Petitioner’s petition is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1803(B)
- A.R.S. § 32-2199 et seq.
- A.A.C. R2-19-119
- BLACK'S LAW DICTIONARY 1220
- BLACK'S LAW DICTIONARY 1090
Analytics Highlights
- A.R.S. § 33-1803(B)
- A.R.S. § 32-2199 et seq.
- A.A.C. R2-19-119