Case Summary
| Case ID | 21F-H2120019-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-02-10 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Sun Groves Homeowners Association | Counsel | Robert H. Willis, Esq. |
|---|---|---|---|
| Respondent | David L. and Stephanie J. Lockhart | Counsel | Andrew Ellis, Esq. |
Alleged Violations
Article 10.11.1 of the SGHA CC&R’s
Outcome Summary
The Petitioner (HOA) prevailed as the Respondents stipulated they violated the CC&R Article 10.11.1 concerning parking, and were ordered to pay the Petitioner's $500.00 filing fees.
Why this result: Respondents stipulated that they were in violation of Article 10.11.1 of the SGHA CC&R’s.
Key Issues & Findings
Violation of parking restrictions
Respondents stipulated that they were in violation of the SGHA CC&R’s regarding parking restrictions.
Orders: Petition granted; Respondents assessed the cost of Petitioner’s filing fees in the amount of $500.00.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 32-2199(B)
Analytics Highlights
- A.R.S. § 32-2199(B)
- Title 33, Chapter 16
Video Overview
Audio Overview
Decision Documents
21F-H2120019-REL Decision – 854057.pdf
Questions
Question
Can my HOA restrict parking on the street or in front of my house?
Short Answer
Yes, if the CC&Rs specifically restrict parking to garages or driveways.
Detailed Answer
The ALJ upheld a CC&R provision that prohibited parking private passenger automobiles or pickup trucks anywhere on the property or adjacent roadways, except within a garage or private driveway.
Alj Quote
No private passenger automobiles or pickup trucks shall be parked upon the Property or any roadway adjacent thereto except within a garage, in a private driveway appurtenant to a Dwelling Unit, or within areas designated for such purpose by the Board.
Legal Basis
CC&R Article 10.11.1
Topic Tags
- Parking
- CC&Rs
- Restrictions
Question
If I admit to a violation during a hearing, what happens?
Short Answer
The judge will accept the admission and issue a finding that the violation occurred.
Detailed Answer
When a homeowner stipulates (agrees) that they were in violation of a specific rule, the tribunal accepts this admission as fact and rules accordingly without needing further evidence.
Alj Quote
Pursuant to the stipulation of the parties, the tribunal finds that Respondents violated Article 10.11.1 of the SGHA CC&R’s.
Legal Basis
Stipulation of Parties
Topic Tags
- Hearing Procedure
- Stipulation
- Evidence
Question
Can the HOA force me to pay their filing fees if they win?
Short Answer
Yes, the judge can order the homeowner to pay the HOA's filing fees.
Detailed Answer
In this case, the homeowners agreed to pay the HOA's $500.00 filing fee as part of the stipulation that the HOA was the prevailing party, and the judge ordered this assessment.
Alj Quote
IT IS FURTHER ORDERED assessing the cost of Petitioner’s filing fees in the amount of $500.00.
Legal Basis
Administrative Order
Topic Tags
- Fines
- Fees
- Costs
Question
Does the Department of Real Estate have authority to hear HOA violation cases?
Short Answer
Yes, state law allows owners or HOAs to file petitions regarding violations of community documents.
Detailed Answer
Arizona statute permits planned community organizations (HOAs) or owners to file petitions with the Department regarding violations, which are then heard by the Office of Administrative Hearings.
Alj Quote
A.R.S. § 32-2199(B) permits an owner or a planned community organization to file a petition with the Department for a hearing concerning violations of planned community documents under the authority Title 33, Chapter 16.
Legal Basis
A.R.S. § 32-2199(B)
Topic Tags
- Jurisdiction
- ADRE
- Process
Question
Is the Administrative Law Judge's decision final?
Short Answer
Yes, the order is binding unless a rehearing is granted.
Detailed Answer
The decision issued by the ALJ is legally binding on both the homeowner and the HOA unless a request for a rehearing is successfully granted.
Alj Quote
Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04.
Legal Basis
A.R.S. § 32-2199.02(B)
Topic Tags
- Legal Status
- Appeals
- Binding Order
Question
How much time do I have to appeal or request a rehearing?
Short Answer
You must file a request for rehearing within 30 days of the service of the order.
Detailed Answer
If a party wishes to challenge the decision, they must file a request for a rehearing with the Commissioner of the Department of Real Estate within 30 days.
Alj Quote
Pursuant to A.R.S. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.
Legal Basis
A.R.S. § 41-1092.09
Topic Tags
- Appeals
- Deadlines
- Procedure
Case
- Docket No
- 21F-H2120019-REL
- Case Title
- The Sun Groves Homeowners Association vs. David L & Makenzie Lockhart
- Decision Date
- 2021-02-10
- Alj Name
- Adam D. Stone
- Tribunal
- OAH
- Agency
- ADRE
Questions
Question
Can my HOA restrict parking on the street or in front of my house?
Short Answer
Yes, if the CC&Rs specifically restrict parking to garages or driveways.
Detailed Answer
The ALJ upheld a CC&R provision that prohibited parking private passenger automobiles or pickup trucks anywhere on the property or adjacent roadways, except within a garage or private driveway.
Alj Quote
No private passenger automobiles or pickup trucks shall be parked upon the Property or any roadway adjacent thereto except within a garage, in a private driveway appurtenant to a Dwelling Unit, or within areas designated for such purpose by the Board.
Legal Basis
CC&R Article 10.11.1
Topic Tags
- Parking
- CC&Rs
- Restrictions
Question
If I admit to a violation during a hearing, what happens?
Short Answer
The judge will accept the admission and issue a finding that the violation occurred.
Detailed Answer
When a homeowner stipulates (agrees) that they were in violation of a specific rule, the tribunal accepts this admission as fact and rules accordingly without needing further evidence.
Alj Quote
Pursuant to the stipulation of the parties, the tribunal finds that Respondents violated Article 10.11.1 of the SGHA CC&R’s.
Legal Basis
Stipulation of Parties
Topic Tags
- Hearing Procedure
- Stipulation
- Evidence
Question
Can the HOA force me to pay their filing fees if they win?
Short Answer
Yes, the judge can order the homeowner to pay the HOA's filing fees.
Detailed Answer
In this case, the homeowners agreed to pay the HOA's $500.00 filing fee as part of the stipulation that the HOA was the prevailing party, and the judge ordered this assessment.
Alj Quote
IT IS FURTHER ORDERED assessing the cost of Petitioner’s filing fees in the amount of $500.00.
Legal Basis
Administrative Order
Topic Tags
- Fines
- Fees
- Costs
Question
Does the Department of Real Estate have authority to hear HOA violation cases?
Short Answer
Yes, state law allows owners or HOAs to file petitions regarding violations of community documents.
Detailed Answer
Arizona statute permits planned community organizations (HOAs) or owners to file petitions with the Department regarding violations, which are then heard by the Office of Administrative Hearings.
Alj Quote
A.R.S. § 32-2199(B) permits an owner or a planned community organization to file a petition with the Department for a hearing concerning violations of planned community documents under the authority Title 33, Chapter 16.
Legal Basis
A.R.S. § 32-2199(B)
Topic Tags
- Jurisdiction
- ADRE
- Process
Question
Is the Administrative Law Judge's decision final?
Short Answer
Yes, the order is binding unless a rehearing is granted.
Detailed Answer
The decision issued by the ALJ is legally binding on both the homeowner and the HOA unless a request for a rehearing is successfully granted.
Alj Quote
Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04.
Legal Basis
A.R.S. § 32-2199.02(B)
Topic Tags
- Legal Status
- Appeals
- Binding Order
Question
How much time do I have to appeal or request a rehearing?
Short Answer
You must file a request for rehearing within 30 days of the service of the order.
Detailed Answer
If a party wishes to challenge the decision, they must file a request for a rehearing with the Commissioner of the Department of Real Estate within 30 days.
Alj Quote
Pursuant to A.R.S. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.
Legal Basis
A.R.S. § 41-1092.09
Topic Tags
- Appeals
- Deadlines
- Procedure
Case
- Docket No
- 21F-H2120019-REL
- Case Title
- The Sun Groves Homeowners Association vs. David L & Makenzie Lockhart
- Decision Date
- 2021-02-10
- Alj Name
- Adam D. Stone
- Tribunal
- OAH
- Agency
- ADRE
Case Participants
Petitioner Side
- Robert H. Willis (attorney)
Burdman Willis, PLLC
Respondent Side
- David L. Lockhart (respondent)
- Stephanie J. Lockhart (respondent)
Proper co-Respondent in this matter - Makenzie Lockhart (listed respondent)
Respondent’s daughter - Andrew Ellis (attorney)
Neutral Parties
- Adam D. Stone (ALJ)
- Judy Lowe (Commissioner)
Arizona Department of Real Estate
