Case Summary
| Case ID | 25F-H022-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-03-27 |
| Administrative Law Judge | Nicole Robinson |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Miera Phx LLC | Counsel | — |
|---|---|---|---|
| Respondent | Dartmouth Trace Homeowner Associations, Inc | Counsel | — |
Alleged Violations
CC&Rs Sections 17, 6.1, 6.2, 5; Bylaws Articles I, Section 3; Article VI, Section 3(b); Article IX, Section 2
Outcome Summary
The petition was denied because the Petitioner failed to prove by a preponderance of the evidence that the Respondent HOA violated the cited documents or statutes, as the ALJ determined the complaint was fundamentally a dispute regarding violations committed by individual unit owners (a homeowner vs. homeowner argument).
Why this result: The ALJ found that Petitioner failed to establish that the HOA violated the governing documents or statutes, particularly noting that the Association cannot violate the Use & Occupancy restrictions cited, only a homeowner can. The statute regarding monetary penalties uses 'may' (ARIZ. REV. STAT. § 33-1242(A)(11)), indicating discretion, not a mandatory duty enforceable as a violation against the HOA.
Key Issues & Findings
HOA's failure to enforce CC&Rs prohibiting transient/short-term rentals and managing parking/common areas misuse
Petitioner alleged the HOA failed to enforce restrictions prohibiting short-term rentals (under 30 days) and misused parking/common areas by transient guests, citing conflicts of interest among Board members operating STRs.
Orders: Petition denied. Respondent shall not reimburse Petitioner's filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. REV. STAT. § 33-1242(A)(11)
- ARIZ. REV. STAT. § 32-2199.02(A)
- Dartmouth Trace CC&Rs Section 17
- Dartmouth Trace Bylaws Article VI Section 3(b)