Case Summary
| Case ID | 19F-H1918033-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-04-01 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | total |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Steven D. Stienstra | Counsel | — |
|---|---|---|---|
| Respondent | Cedar Ridge Homeowners Association | Counsel | Michelle Molinario, Diana J. Elston, Keith D. Collett |
Alleged Violations
A.R.S. § 33-1806.01; CC&Rs Section 1.1; CC&Rs Section 18
Outcome Summary
The Petitioner was the prevailing party. The ALJ affirmed that the HOA violated its CC&Rs regarding enforcement procedures, particularly by failing to adhere to Section 18 requirements and incorrectly applying Section 1.1 against the owner, rendering the legal fee demands improper. The HOA was ordered to reimburse the Petitioner the $500.00 filing fee,.
Why this result: The HOA failed to follow the explicit due process requirements (written notice and 30 days to appear) mandated by CC&Rs Section 18 for enforcement against the owner, and incorrectly relied on Section 1.1 to justify its demand for unauthorized flat fees,,,,.
Key Issues & Findings
HOA enforcement action regarding CC&R violations and asserted legal fees
Petitioner challenged the HOA's enforcement actions regarding short-term rentals and leasing less than the entire lot. The ALJ found the HOA proceeded inappropriately under Section 1.1 (intended for action against occupants on the owner's behalf) and failed to follow the mandatory enforcement requirements of Section 18, thus violating its own CC&Rs. Consequently, the asserted legal fees were not assigned to Petitioner,,,.
Orders: The Petition was granted. The HOA was ordered to reimburse the Petitioner the $500.00 filing fee,. The asserted legal fees of $1,500 and $2,600 sought by the HOA were determined not to be assignable to the Petitioner,.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1806.01
- CC&Rs Section 1.1
- CC&Rs Section 18
Analytics Highlights
- A.R.S. § 33-1806.01
- CC&Rs Section 1.1
- CC&Rs Section 18
- A.R.S. § 10-3830
Decision Documents
19F-H1918033-REL Decision – 753362.pdf
Case Participants
Petitioner Side
- Steven D. Stienstra (petitioner)
Appeared on his own behalf for the hearing and rehearing. - Petitioner's son (witness/property manager)
Managed rental schedule and set up VRBO account; lived in the home.
Respondent Side
- Michelle Molinario (HOA attorney)
Jones, Skelton & Hochuli, PLC.
Represented the HOA at the initial hearing. - Keith D. Collett (HOA attorney)
Jones, Skelton & Hochuli, P.L.C.
Represented the HOA at the hearing and rehearing. - Diana J. Elston (HOA attorney)
Jones, Skelton & Hochuli, P.L.C.
Represented the HOA at the rehearing. - Vic Burolla (board member/witness)
Cedar Ridge Homeowners Association
Former HOA Secretary; testified and attended the September 4, 2018 meeting. - Bill Ferguson (board member/witness)
Cedar Ridge Homeowners Association
Former HOA Board President; initiated the initial phone call to Petitioner about the violation. - Tucker (board member/vice-president)
Cedar Ridge Homeowners Association
HOA Vice-president; attended the September 4, 2018 meeting. - Griffin (board member/treasurer)
Cedar Ridge Homeowners Association
HOA Treasurer; attended the September 4, 2018 meeting. - Dick Ellis (board member)
Cedar Ridge Homeowners Association
May have attended the September 4, 2018 meeting.
Neutral Parties
- Kay Abramsohn (ALJ)
Office of Administrative Hearings
Administrative Law Judge for the Decision and Rehearing Decision. - Judy Lowe (Commissioner)
Arizona Department of Real Estate
Commissioner.
