**Case Summary: Strike v. Las Torres Homeowners Association**
**Case No:** 13F-H1314009-BFS
**Forum:** Arizona Office of Administrative Hearings
**Date:** May 6, 2014 (Hearing); June 24, 2014 (Final Certification)

**Key Facts**
Petitioner Krystine P. Strike, owner of Unit 603, filed a dispute against Las Torres Homeowners Association (HOA) regarding a concrete slab situated in the common area connecting her unit to Unit 604. The slab was constructed in 1998 by previous owners who owned both units, with approval from the City of Carefree and tacit approval from the HOA.

Ms. Strike purchased Unit 603 in 2007, at which point the slab had existed for nine years. In 2012, the current owner of Unit 604 petitioned to enlarge the slab, which was denied, but continued to place patio furniture on the existing slab. The HOA issued multiple letters to the owner of Unit 604 requesting the removal of furniture when not in use, asserting the slab was a common area not approved for exclusive private use.

**Main Issues and Arguments**
* **Petitioner’s Claims:** Ms. Strike alleged the HOA violated A.R.S. § 33-1221 and § 33-1218 by allowing a neighbor to alter and encroach upon the common area without consent. She requested the common area be restored to its unaltered state. Regarding timeliness, she argued she was previously barred from filing a unilateral action due to a Code of Conduct she signed while serving on the HOA Board.
* **Respondent’s Defense:** The HOA argued the cited statutes were inapplicable because the slab was a General Common Element rather than a Limited Common Element. They further argued the Department lacked jurisdiction to grant injunctive relief (removal of the slab) and that the Petitioner’s claim was barred by the statute of limitations.

**Legal Findings**
Administrative Law Judge (ALJ) M. Douglas dismissed the case, ruling in favor of the Respondent based on the following:

1. **Statute of Limitations:** Under A.R.S. § 12-54