Case Summary
| Case ID | 20F-H2019003-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-03-16 |
| Administrative Law Judge | Antara Nath Rivera |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Will Schreiber | Counsel | Aaron M. Green |
|---|---|---|---|
| Respondent | Cimarron Hills at McDowell Mountain Homeowners Association | Counsel | Mark K. Sahl |
Alleged Violations
Design Guidelines HH Walls/View Fences and CC&R’s Article 12.3
Outcome Summary
The Administrative Law Judge decision, issued following a rehearing, dismissed the Petitioner's dispute petition, finding that the Petitioner failed to meet the burden of proof to show the HOA violated its governing documents by reasonably denying the retroactive application for the unapproved glass view fence.
Why this result: Petitioner installed the fence prior to seeking approval, failing to comply with the procedural requirements (Design Guidelines Section HH). Consequently, the HOA's denial based on consistency and maintenance concerns was deemed reasonable.
Key Issues & Findings
HOA's denial of Petitioner's glass view fence modification
Petitioner alleged the HOA improperly denied the retroactive approval of a glass view fence installed without prior permission. The ALJ found that Petitioner failed to establish by a preponderance of the evidence that he rightfully sought approval pursuant to Design Guidelines Section HH, and that the Respondent's denial was reasonable due to procedural failure, community inconsistency (Design Guidelines Section E), and liability/maintenance concerns (CC&R Article 12.3).
Orders: Petitioner Will Schreiber’s Petition was dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 32-2199(B)
- A.R.S. § 33-1803
- 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’s Article 12.3
- Design Guidelines Section HH
- Design Guidelines Section E
- Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
Analytics Highlights
- A.R.S. § 32-2199(B)
- A.R.S. § 33-1803
- 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)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
- Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
Decision Documents
20F-H2019003-REL Decision – 769789.pdf
20F-H2019003-REL Decision – 775433.pdf
Case Participants
Petitioner Side
- Will Schreiber (petitioner)
- Aaron M. Green (petitioner attorney)
Law Office of Aaron Green, P.C.
Respondent Side
- Nick Nogami (respondent attorney)
- Mark K. Sahl (respondent attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP - Whitney Bostic (witness)
Neutral Parties
- Antara Nath Rivera (ALJ)
Office of Administrative Hearings - Judy Lowe (Commissioner)
Arizona Department of Real Estate
Other Participants
- c. serrano (clerk)
Transmitted order/document - LDettorre (ADRE staff)
Arizona Department of Real Estate
Recipient of transmission - AHansen (ADRE staff)
Arizona Department of Real Estate
Recipient of transmission - djones (ADRE staff)
Arizona Department of Real Estate
Recipient of transmission - DGardner (ADRE staff)
Arizona Department of Real Estate
Recipient of transmission - ncano (ADRE staff)
Arizona Department of Real Estate
Recipient of transmission
