Case Summary
| Case ID | 15F-H1515014-BFS |
|---|---|
| Agency | DFBLS |
| Tribunal | OAH |
| Decision Date | 2016-03-28 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | no |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Carol M. Root | Counsel | — |
|---|---|---|---|
| Respondent | Candlewood Estates at Troon North Homeowners Association | Counsel | — |
Alleged Violations
Candlewood Declaration Section 11.02; Section 11.03
Outcome Summary
The Administrative Law Judge recommended dismissal of the complaint, finding that the governing documents obligated the parties to use a specific Dispute Resolution process (mediation/arbitration). The Department of Fire Building and Life Safety certified this decision as final.
Why this result: The Petitioner was bound by the mandatory arbitration/mediation provisions in the governing documents, precluding administrative hearing jurisdiction.
Key Issues & Findings
Motion to Dismiss / Mandatory Dispute Resolution
Respondent filed a Motion to Dismiss arguing that the CC&Rs require mandatory dispute resolution (mediation and arbitration) for all claims. Petitioner argued the amendment adding this clause was invalid.
Orders: The complaint was dismissed because the applicable governing documents require that the claim be handled through a mandatory Dispute Resolution process.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- Candlewood Declaration Section 11.01
- Candlewood Declaration Section 11.02
- Candlewood Declaration Section 11.03
- Master Declaration Article 16
