**Case Title:** *Bonnie Senftner v. Desert Wind Condominium Association*
**Case Number:** 19F-H1919056-REL
**Forum:** Arizona Department of Real Estate, Office of Administrative Hearings
**Date of Decision:** July 22, 2019

### **Summary of Proceedings**
Administrative Law Judge Thomas Shedden presided over a hearing regarding a dispute between Petitioner Bonnie Senftner and Respondent Desert Wind Condominium Association regarding responsibility for water damage and mold testing costs,. The Petitioner alleged the Respondent violated Article XIV, Section 14.2 of the Association’s Covenants, Conditions, and Restrictions (CC&Rs).

### **Key Facts**
* **The Incident:** The Petitioner owns Unit 116 (via an LLC). Water originating from the unit above (Unit 216) caused damage to a wall in the Petitioner's unit,.
* **Cause of Damage:** Plumbers determined the water intrusion resulted from an improperly installed washing machine in Unit 216, which over-topped the drain and damaged the pipe,.
* **Repairs:** The Respondent (the Association) paid to repair the pipe, remediate mold, and fix the drywall.
* **The Dispute:** The Petitioner incurred expenses for independent mold testing and sought reimbursement from the Respondent.

### **Main Issues and Arguments**
The central legal issue was whether the Association was liable for the Petitioner’s testing costs under the CC&Rs.

* **Petitioner’s Position:** The Petitioner argued that because the Respondent paid for the repairs, it implicitly accepted responsibility for the damage and should reimburse the testing costs. She further argued that the Association is responsible for acting in cost disputes between owners.
* **Respondent’s Position:** The Association maintained that the damage was caused by the owner of Unit 216 and that the Association’s decision to perform repairs did not create a legal obligation to cover the Petitioner’s additional expenses,.

### **Legal Analysis and Findings**
The Judge determined that the Petitioner failed to meet the burden of proof by a preponderance of the evidence,.

* **CC&R Interpretation (Section 14.2):** The Judge analyzed the "Party Walls" provision, which states that if a wall is damaged by the act of one owner, that owner must repair it "without cost to the other adjoining Owner"