Case Summary
| Case ID | 23F-H048-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-05-19 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | Order Granting Respondent’s Motion to Dismiss the Petition on jurisdictional grounds. |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Thomas P. Hommrich | Counsel | — |
|---|---|---|---|
| Respondent | The Lakewood Community Association | Counsel | Quinten Cupps, Esq. |
Alleged Violations
Article lV, Section 4.2(t) of the CC&R's
Outcome Summary
Order Granting Respondent’s Motion to Dismiss the Petition on jurisdictional grounds.
Why this result: The Administrative Law Judge ruled that the Office of Administrative Hearings (OAH) lacked jurisdiction to hear the case because the petition challenged the Association’s power to act (A.R.S. § 10-3304), which requires injunctive relief in a court of law, and did not concern a violation of community documents or statute (A.R.S. § 32-2199.01(A)).
Key Issues & Findings
Authority to enforce parking rule on residential public streets
Petitioner sought an order prohibiting the Respondent from restricting parking access on public residential streets, alleging the Association breached the CC&Rs by misapplying Article IV, Section 4.2(t).
Orders: The petition was dismissed because OAH lacked jurisdiction as the case challenged the Association's power to act under A.R.S. § 10-3304, rather than alleging a violation of community documents or statute under A.R.S. § 32-2199.01(A).
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 32-2199.01(A)
- A.R.S. § 10-3304
- A.R.S. § 10-3304(B)(2)
Analytics Highlights
- A.R.S. § 32-2199.01(A)
- A.R.S. § 10-3304
- A.R.S. § 10-3304(B)(2)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
23F-H048-REL Decision – 1057905.pdf
23F-H048-REL Decision – 1059621.pdf
23F-H048-REL Decision – 1057905.pdf
23F-H048-REL Decision – 1059621.pdf
The matter of *Thomas P. Hommrich vs. The Lakewood Community Association* (No. 23F-H048-REL) was heard in the Office of Administrative Hearings (OAH).
Key Facts and Issues
Petitioner Thomas P. Hommrich filed a single-issue petition on March 9, 2023, alleging the Respondent Association lacked the authority to enforce a parking restriction. Specifically, the Petitioner claimed the Association improperly relied upon Article IV, Section 4.2(t) of the CC&Rs, which, in the Petitioner's view, does not prohibit parking on public residential streets. The Petitioner sought an order from the OAH prohibiting the Respondent from restricting parking access on such streets.
Article IV, Section 4.2(t) of the CC&Rs indicates the Declarant's intent is to "eliminate on-street parking at Lakewood as much as possible," requiring vehicles to be kept in garages, driveways, or designated areas. It further states that "No parking is permitted on any street within Lakewood" designated on the Map of Dedication, and allows the Association to adopt additional parking rules.
Hearing Proceedings and Main Arguments
The Association filed a Motion to Dismiss on May 8, 2023. The Respondent argued that the OAH lacked jurisdiction because the petition did not concern a violation of community documents or any statute, as required by A.R.S. § 32-2199.01(A). Furthermore, the Association contended that the OAH lacked the authority to grant the specific injunctive relief requested by the Petitioner.
The Petitioner responded, asserting he was alleging that the Association breached the CC&Rs.
Legal Points and Final Decision
The Administrative Law Judge granted the Respondent's Motion to Dismiss the Petition on May 19, 2023.
The OAH determined that the petition did not concern a violation of community documents or any statute. The most important legal point focused on jurisdiction: the OAH found that the Petitioner was essentially attempting to challenge the Association’s power to act (authority to restrict parking on public streets). Under A.R.S. § 10-3304, the Petitioner is not permitted to challenge the Association’s power to act in the OAH tribunal. The appropriate venue for seeking injunctive relief regarding an association’s power to act is a court of law (A.R.S. § 10-3304(B)(2)).
Outcome
The petition was dismissed. Following the dismissal, the OAH received a Motion to Amend the Petition, which it could not consider because a decision had already been rendered. However, the Petitioner’s request for a rehearing was forwarded to the Arizona Department of Real Estate (ADRE), as the ADRE, not the OAH, handles rehearing requests pursuant to A.R.S. § 33-2199.04(A).
Questions
Question
Can I use the administrative hearing process to challenge my HOA's legal authority or power to enforce a specific rule?
Short Answer
No. Challenges to an Association's corporate power to act must be brought in a court of law, not the administrative tribunal.
Detailed Answer
The Administrative Law Judge ruled that the tribunal does not have jurisdiction to hear challenges regarding the Association's 'power to act' (such as whether they have the authority to restrict parking). Under Arizona statute A.R.S. § 10-3304, these specific legal challenges regarding corporate authority must be addressed in a court of law.
Alj Quote
Petitioner may not challenge the Association’s power to act in this tribunal under A.R.S. § 10-3304. Petitioner may seek injunctive relief regarding the Association’s power to act in a court of law.
Legal Basis
A.R.S. § 10-3304
Topic Tags
- jurisdiction
- corporate power
- HOA authority
Question
If I disagree with a decision, can I file a motion to amend my petition after the order has been issued?
Short Answer
No. Once a decision is rendered, the Office of Administrative Hearings cannot consider motions to amend.
Detailed Answer
The ALJ clarified that once a decision is finalized, the OAH loses the ability to take further action on the matter, meaning a Motion to Amend filed after the decision cannot be considered.
Alj Quote
The Motion to Amend the Petition cannot not be considered by the Office of Administrative Hearings (OAH) as this tribunal’s decision has already been rendered and, because of that, OAH can take no further action on the matter.
Legal Basis
Procedural Rule
Topic Tags
- procedure
- appeals
- amendments
Question
Where must I file a request for a rehearing if I lose my case?
Short Answer
You must file the request with the Commissioner of the Department of Real Estate (ADRE), not the hearing office.
Detailed Answer
While the hearing takes place at the Office of Administrative Hearings (OAH), a request for a rehearing must be directed to the Arizona Department of Real Estate within 30 days of the order.
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
- rehearing
- procedure
- ADRE
Question
Can the administrative tribunal issue an injunction preventing the HOA from enforcing parking restrictions on public streets?
Short Answer
Likely no, if the claim is based on the HOA lacking the 'power to act'.
Detailed Answer
The petitioner sought an order prohibiting the HOA from restricting parking on public streets. The ALJ dismissed this because the claim was fundamentally about the Association's authority (power to act), which falls outside the tribunal's jurisdiction.
Alj Quote
Petitioner asks this Court to issue an order that prohibits the Respondent from restricting parking access on public residential streets… Petitioner may seek injunctive relief regarding the Association’s power to act in a court of law.
Legal Basis
A.R.S. § 10-3304
Topic Tags
- parking
- injunctions
- jurisdiction
Question
Does a petition challenging an HOA rule have to allege a specific violation of the community documents or statutes?
Short Answer
Yes. If the petition does not concern a violation of documents or statutes, it may be dismissed.
Detailed Answer
The HOA successfully argued that the petition should be dismissed because it did not allege that the HOA violated community documents or statutes, but rather challenged the HOA's authority to make rules.
Alj Quote
Therefore, the petition does not concern a violation of community documents or of any statute… IT IS ORDERED that the petition is dismissed.
Legal Basis
A.R.S. § 32-2199.01(A)
Topic Tags
- petition requirements
- dismissal
- violations
Case
- Docket No
- 23F-H048-REL
- Case Title
- Thomas P. Hommrich vs. The Lakewood Community Association
- Decision Date
- 2023-05-19
- Alj Name
- Velva Moses-Thompson
- Tribunal
- OAH
- Agency
- ADRE
Questions
Question
Can I use the administrative hearing process to challenge my HOA's legal authority or power to enforce a specific rule?
Short Answer
No. Challenges to an Association's corporate power to act must be brought in a court of law, not the administrative tribunal.
Detailed Answer
The Administrative Law Judge ruled that the tribunal does not have jurisdiction to hear challenges regarding the Association's 'power to act' (such as whether they have the authority to restrict parking). Under Arizona statute A.R.S. § 10-3304, these specific legal challenges regarding corporate authority must be addressed in a court of law.
Alj Quote
Petitioner may not challenge the Association’s power to act in this tribunal under A.R.S. § 10-3304. Petitioner may seek injunctive relief regarding the Association’s power to act in a court of law.
Legal Basis
A.R.S. § 10-3304
Topic Tags
- jurisdiction
- corporate power
- HOA authority
Question
If I disagree with a decision, can I file a motion to amend my petition after the order has been issued?
Short Answer
No. Once a decision is rendered, the Office of Administrative Hearings cannot consider motions to amend.
Detailed Answer
The ALJ clarified that once a decision is finalized, the OAH loses the ability to take further action on the matter, meaning a Motion to Amend filed after the decision cannot be considered.
Alj Quote
The Motion to Amend the Petition cannot not be considered by the Office of Administrative Hearings (OAH) as this tribunal’s decision has already been rendered and, because of that, OAH can take no further action on the matter.
Legal Basis
Procedural Rule
Topic Tags
- procedure
- appeals
- amendments
Question
Where must I file a request for a rehearing if I lose my case?
Short Answer
You must file the request with the Commissioner of the Department of Real Estate (ADRE), not the hearing office.
Detailed Answer
While the hearing takes place at the Office of Administrative Hearings (OAH), a request for a rehearing must be directed to the Arizona Department of Real Estate within 30 days of the order.
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
- rehearing
- procedure
- ADRE
Question
Can the administrative tribunal issue an injunction preventing the HOA from enforcing parking restrictions on public streets?
Short Answer
Likely no, if the claim is based on the HOA lacking the 'power to act'.
Detailed Answer
The petitioner sought an order prohibiting the HOA from restricting parking on public streets. The ALJ dismissed this because the claim was fundamentally about the Association's authority (power to act), which falls outside the tribunal's jurisdiction.
Alj Quote
Petitioner asks this Court to issue an order that prohibits the Respondent from restricting parking access on public residential streets… Petitioner may seek injunctive relief regarding the Association’s power to act in a court of law.
Legal Basis
A.R.S. § 10-3304
Topic Tags
- parking
- injunctions
- jurisdiction
Question
Does a petition challenging an HOA rule have to allege a specific violation of the community documents or statutes?
Short Answer
Yes. If the petition does not concern a violation of documents or statutes, it may be dismissed.
Detailed Answer
The HOA successfully argued that the petition should be dismissed because it did not allege that the HOA violated community documents or statutes, but rather challenged the HOA's authority to make rules.
Alj Quote
Therefore, the petition does not concern a violation of community documents or of any statute… IT IS ORDERED that the petition is dismissed.
Legal Basis
A.R.S. § 32-2199.01(A)
Topic Tags
- petition requirements
- dismissal
- violations
Case
- Docket No
- 23F-H048-REL
- Case Title
- Thomas P. Hommrich vs. The Lakewood Community Association
- Decision Date
- 2023-05-19
- Alj Name
- Velva Moses-Thompson
- Tribunal
- OAH
- Agency
- ADRE
Case Participants
Petitioner Side
- Thomas P. Hommrich (petitioner)
Respondent Side
- Quinten Cupps (respondent attorney)
vf-law.com
Esq.
Neutral Parties
- Velva Moses-Thompson (ALJ)
- Susan Nicolson (Commissioner)
Arizona Department of Real Estate - AHansen (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal - vnunez (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal - djones (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal - labril (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal