Case Summary
| Case ID | 20F-H2019002-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-02-26 |
| Administrative Law Judge | Antara Nath Rivera |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Jennie Bennett | Counsel | Maxwell Riddiough |
|---|---|---|---|
| Respondent | Catalina Del Rey Homeowners Association | Counsel | Nathan Tennyson |
Alleged Violations
CC&Rs Sections 12(c) and 12(h)(1)
Outcome Summary
The ALJ ordered the Petition dismissed because the Petitioner failed to prove by a preponderance of the evidence that the HOA violated the cited CC&R sections, as the malfunctioning backflow flap was located on the Petitioner's private property and was her responsibility.
Why this result: Petitioner failed to meet the burden of proof that the backflow flap was a common element maintenance responsibility under CC&Rs Sections 12(c) or 12(h)(1).
Key Issues & Findings
Violation of community documents regarding maintenance responsibility for sewage backflow flap.
Petitioner alleged the HOA violated CC&Rs by refusing to pay for repairs related to a malfunctioning backflow flap that caused a sewage overflow, arguing the item was a common element maintenance responsibility.
Orders: Petitioner Jennie Bennett’s Petition was dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- CC&Rs Section 12(c)
- CC&Rs Section 12(h)(1)
- CC&Rs Section 15
Analytics Highlights
- A.R.S. § 32-2199 et seq.
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A) and (B)(1)
Decision Documents
20F-H2019002-REL Decision – 771959.pdf
Case Participants
Petitioner Side
- Jennie Bennett (petitioner)
Testified at the hearing - Maxwell Riddiough (petitioner attorney)
Respondent Side
- Nathan Tennyson (respondent attorney)
Brown|Olcott, PLLC - Vanessa Lubinsky (property manager)
Cadden Community Management
Manager for Respondent who testified at the hearing, - Daniel (staff)
Cadden
Informed Petitioner the sewer policy had been rescinded
Neutral Parties
- Antara Nath Rivera (ALJ)
- Judy Lowe (Commissioner)
Arizona Department of Real Estate
Recipient of electronic transmission of decision
Other Participants
- JC Niles (witness)
Mentioned in Grassroots petition regarding HOA coverage
