Case Summary
| Case ID | 19F-H1919053-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-11-18 |
| Administrative Law Judge | Diane Mihalsky |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Joyce H Monsanto | Counsel | — |
|---|---|---|---|
| Respondent | Four Seasons at the Manor Homeowners Association | Counsel | Mark K. Sahl, Esq. |
Alleged Violations
A.R.S. § 33-1808; CC&R § 7.9
Outcome Summary
The ALJ denied the petition, concluding that the HOA's architectural guideline limiting homeowners to one flagpole per lot, while permitting the display of both the U.S. flag and a military flag (Marine Corps flag) on that single pole, constitutes a reasonable rule under A.R.S. § 33-1808(B). The ALJ also found the Board complied with the 45-day requirement for a written appeal decision under CC&R § 7.9 by memorializing the denial in the draft meeting minutes posted by December 4, 2018,,.
Why this result: The Petitioner failed to meet her burden of proof on both statutory and CC&R violations,.
Key Issues & Findings
HOA's denial of application to install two flagpoles for US and military flags, and alleged failure to follow CC&R appeal process.
Petitioner challenged the HOA's denial of her request to install two flagpoles, arguing the restriction violated A.R.S. § 33-1808 (flag statute) and that the Board failed to provide a written decision on her appeal within 45 days as required by CC&R § 7.9, which she argued meant the request was deemed approved. The ALJ found the single flagpole restriction reasonable under A.R.S. § 33-1808(B) since both flags could be flown from one pole, and determined the Board satisfied the CC&R § 7.9 requirement by posting the decision in the meeting minutes within 45 days,.
Orders: Petitioner's petition is denied, as she failed to establish that the Respondent's Board should not have denied her application under A.R.S. § 33-1808 or CC&R § 7. The Board can properly find Petitioner in violation of Architectural Guidelines and order her to remove one of her two flagpoles.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1808
- CC&R § 7.9
- A.R.S. § 33-1803
- A.R.S. § 32-2199(B)
Analytics Highlights
- A.R.S. § 33-1808
- CC&R § 7.9
- A.R.S. § 33-1803
- A.R.S. § 32-2199(B)
- A.R.S. § 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)
- CC&R § 7
Decision Documents
19F-H1919053-REL Decision – 749213.pdf
19F-H1919053-REL Decision – 753595.pdf
Case Participants
Petitioner Side
- Joyce H Monsanto (petitioner)
Appeared on her own behalf at the hearing and rehearing
Respondent Side
- Mark K. Sahl (HOA attorney)
Carpenter, Hazlewood, Delgado & Bolen, LLP
Represented the Respondent - Anthony Nunziato (board president)
Four Seasons at the Manor Homeowners Association Board of Directors
President of Respondent’s Board of Directors; testified at the hearing and rehearing; also referred to as 'Tony' - Annette McCraw (property manager)
Community Manager (Implied Trestle Management)
Sent notice regarding windsocks and the written Notice of Disapproval - Marc Vasquez (HOA representative)
Addressed Petitioner's claim regarding violation letters compliance during the November 8, 2018 board meeting
Neutral Parties
- Diane Mihalsky (ALJ)
Office of Administrative Hearings
Administrative Law Judge who issued the decision - Judy Lowe (Commissioner)
Arizona Department of Real Estate
Received electronic transmission of the decision
