Case Summary
| Case ID | 12F-H1212007-BFS |
|---|---|
| Agency | Department of Fire, Building and Life Safety |
| Tribunal | OAH |
| Decision Date | 2012-08-14 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | no |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Martin W. Johnson | Counsel | — |
|---|---|---|---|
| Respondent | The Ciento Condominiums Homeowners’ Association | Counsel | Lydia Peirce Linsmeier |
Alleged Violations
Article XII, Section 5 of CC&Rs
Outcome Summary
The Administrative Law Judge dismissed the petition, ruling that the Petitioner failed to prove the HOA violated its governing documents. The ALJ determined the water damage dispute was effectively between the Petitioner and the upstairs unit owner, and the HOA was not obligated to intervene or reimburse under the circumstances.
Why this result: Petitioner failed to meet the burden of proof; the tribunal found the issue to be a dispute between owners rather than an HOA violation.
Key Issues & Findings
Failure to enforce repair reimbursement for water damage
Petitioner alleged the HOA failed to enforce CC&Rs requiring it to repair damages caused by an owner's negligence (upstairs unit) and charge that owner, following multiple water leaks.
Orders: Petition dismissed; no action required of Respondent.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- Article XII, Section 5 of CC&Rs
- Rules and Regulations Article II, Section 8
Decision Documents
12F-H1212007-BFS Decision – 304220.pdf
12F-H1212007-BFS Decision – 308686.pdf
**Case Summary: Martin W. Johnson v. The Ciento Condominiums Homeowners’ Association**
**Case No.** 12F-H1212007-BFS
**Forum:** Arizona Office of Administrative Hearings
**Date of Decision:** August 14, 2012 (Certified Final October 1, 2012)
**Overview and Key Facts**
Petitioner Martin W. Johnson, owner of condominium unit 117E, filed a petition alleging that The Ciento Condominiums Homeowners’ Association ("HOA") failed to enforce its governing documents regarding water damage caused by a neighboring unit.
The dispute arose from five separate water intrusion incidents between September 2009 and January 2012. The leaks originated from unit 217E, located directly above the Petitioner’s unit. Unit 217E was owned by Kenneth Hamby (the Board Treasurer) and occupied by a tenant. The causes of damage included clogged toilets, defective drains, and overflowing bathtubs attributed to the upstairs tenant’s negligence.
Following the initial and most severe incident in 2009, the Petitioner’s insurance company paid $22,762.74 for restoration. The Petitioner sought reimbursement and intervention from the HOA, arguing the Board had an obligation to oversee tenants and enforce bylaws regarding damage caused by other units.
**Main Legal Issues**
1. **Enforcement of CC&Rs:** Whether the HOA violated its Covenants, Conditions and Restrictions (CC&Rs) by refusing to repair the damages and charge the owner of unit 217E.
2. **Jurisdiction and Liability:** Whether the dispute was a matter of HOA enforcement or a private "owner-to-owner" dispute.
**Key Arguments**
* **Petitioner’s Position:** Dr. Johnson argued that Article XII, Section 5 of the CC&Rs authorized the HOA to repair damage caused by negligence and charge the responsible owner. He claimed the Board refused to exercise this authority or provide oversight of the upstairs tenant.
* **Respondent’s Position:** The HOA contended that this was fundamentally an owner-to-owner dispute. They argued the HOA is not a police agency, cannot vet landlords' tenants, and cannot compel one owner to reimburse another for expenses.
**Tribunal Findings and Legal Analysis**
Administrative Law Judge Sondra J. Vanella ruled in favor of the HOA, dismissing the petition based on the following legal points:
* **Bur
Case Participants
Petitioner Side
- Martin W. Johnson (Petitioner)
Former Owner (Unit 117E)
Appeared on his own behalf
Respondent Side
- Lydia Peirce Linsmeier (Attorney)
Brown/Olcott, PLLC
Representing The Ciento Condominiums Homeowners’ Association - Kenneth Hamby, Jr. (Board Member)
The Ciento Condominiums Homeowners’ Association
Treasurer of the Board; Owner of unit 217E - Debra Katzenberger (Property Manager)
Associated Property Management (APM)
Neutral Parties
- Sondra J. Vanella (Administrative Law Judge)
Office of Administrative Hearings - Gene Palma (Director)
Department of Fire, Building and Life Safety - Cliff J. Vanell (Director)
Office of Administrative Hearings
Certified the ALJ decision
