Case Summary
| Case ID | 22F-H2221003-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-12-08 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Kathy Padalino | Counsel | — |
|---|---|---|---|
| Respondent | Legend Trail Parcel A | Counsel | Kelsey Dressen, Esq. |
Alleged Violations
CC&Rs Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4
Outcome Summary
The Administrative Law Judge ordered that the Petitioner’s Petition be dismissed after finding that the Petitioner failed to sustain her burden to establish a violation by the Respondent of the cited sections of the CC&Rs.
Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated the CC&Rs, and did not establish that Respondent was obligated to provide her with an individual access code separate from the one already provided to the Lot.
Key Issues & Findings
The dispute between Petitioner and Respondent arises from Community Document Conditions, Covenants, and Restrictions Article 1 Section 26, Article 4 Section 4.6, and Article 2, Section 2.4.
Petitioner filed an HOA Dispute Process Petition alleging a violation of community documents because the HOA refused to grant her a personal access gate code. Petitioner argued that as an owner and member, she was entitled to her own personal and individual access code. Respondent disputed the violation, asserting the lot already had multiple modes of access, and was not obligated to provide an additional individual code.
Orders: Petitioner’s Petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- CC&Rs Article 1 Section 26
- CC&Rs Article 4 Section 4.6
- CC&Rs Article 2, Section 2.4
- A.R.S. § 32-2199
- ARIZ. REV. STAT. section 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)
Analytics Highlights
- A.R.S. § 32-2199
- ARIZ. REV. STAT. section 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