Case Summary
| Case ID | 18F-H1817018-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-01-09 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $1,500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Scott Servilla & Heidi H Servilla | Counsel | — |
|---|---|---|---|
| Respondent | Village of Oakcreek Association | Counsel | Mark K. Sahl |
Alleged Violations
A.R.S. § 33-1817(A)(1)
A.R.S. § 33-1812(A)
By-Laws Section 8, Article VIII
Outcome Summary
The Administrative Law Judge denied the entire petition. Although the Respondent used a faulty ballot (Issue 2), the Petitioner waived the right to object by failing to raise a complaint prior to the vote. Petitioner also failed to prove his claims for issues 1 and 3.
Why this result: Petitioner waived the right to object to the ballot defect (Issue 2) by allowing the vote to proceed without objection, and failed to prove the claims for Issues 1 and 3.
Key Issues & Findings
Vote count required to amend declaration
Petitioner requested an order declaring the amendment invalid due to insufficient vote count.
Orders: Claim failed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
Absence of separate voting opportunity for proposed actions
Petitioner sought an order declaring the amendment invalid because the ballot improperly required a single vote on two separate actions.
Orders: Claim denied on rehearing. Petition denied.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1812(A)
- Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297
- Allen v. State, 14 Ariz. 458, 130 P. 1114
Unauthorized fines in excess of $50
Petitioner requested an order that the Association cannot levy fines in excess of $50 per violation.
Orders: Claim failed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
Analytics Highlights
- A.R.S. § 33-1817(A)(1)
- A.R.S. § 33-1812(A)
- A.R.S. § 33-1812(B)(2)
- Zajac v. City of Casa Grande, 209 Ariz. 357, 102 P.3d 297
- Allen v. State, 14 Ariz. 458, 130 P. 1114
Decision Documents
18F-H1817018-REL Decision – 673729.pdf
18F-H1817018-REL Decision – 673828.pdf
18F-H1817018-REL Decision – 680738.pdf
Case Participants
Petitioner Side
- Scott Servilla (petitioner)
Appeared on his own behalf at the hearing; also listed as Scott S. Servilla, - Heidi H Servilla (petitioner)
Respondent Side
- Mark K. Sahl (HOA attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
Represented Village of Oakcreek Association
Neutral Parties
- Tammy L. Eigenheer (ALJ)
Office of Administrative Hearings
Administrative Law Judge,,, - Judy Lowe (commissioner)
Arizona Department of Real Estate
Granted the request for rehearing - LDettorre (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal, - AHansen (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal, - djones (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal, - DGardner (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal, - ncano (ADRE staff)
Arizona Department of Real Estate
Recipient of transmittal,
Other Participants
- c. serrano (staff)
Transmitted documents on November 29, 2018, - Felicia Del Sol (staff)
Transmitted documents on January 9, 2019
