Case Summary
| Case ID | 21F-H2121037-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-06-11 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | partial |
| Filing Fees Refunded | $1,500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Gregory L. Smith | Counsel | — |
|---|---|---|---|
| Respondent | Mountain Bridge Community Association | Counsel | Nicole Payne, Esq. |
Alleged Violations
A.R.S. § 33-1811
CC&R Article 11.3.2
Outcome Summary
The Petitioner prevailed on the claim of violating CC&R Article 11.3.2 (failure to negotiate in good faith) but was denied relief on the claim of violating A.R.S. § 33-1811 (conflict of interest). Petitioner was ordered reimbursed $500.00 for the filing fee.
Why this result: Petitioner failed to prove the A.R.S. § 33-1811 violation because the statute was interpreted by the Tribunal to require the action to involve compensation.
Key Issues & Findings
Conflict of Interest Disclosure
Petitioner alleged the Respondent violated A.R.S. § 33-1811 because the HOA President failed to disclose a conflict of interest during the approval of his own flagpole. The Tribunal found the statute requires the decision to involve compensation, and Petitioner failed to meet the burden of proof.
Orders: Petition denied as to a violation of A.R.S. 33-1811. Tribunal declined to award a civil penalty.
Filing fee: $1,000.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1811
Failure to Negotiate Claim Resolution in Good Faith
Petitioner claimed Mountain Bridge failed to negotiate a resolution in good faith after he filed a claim notice. Mountain Bridge failed to communicate until approximately 35 days after the claim was noticed. The Tribunal found Respondent failed to negotiate in good faith.
Orders: Petitioner is deemed the prevailing party as to his claim of an Article 11 violation. Respondent must reimburse the $500.00 filing fee within 30 days. Tribunal declined to award a civil penalty.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- CC&R Article 11.3.2
Analytics Highlights
- A.R.S. § 33-1811
- A.R.S. § 32-2199(B)
- 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