Case Summary
| Case ID | 21F-H2121044-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-12-15 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | total_loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Joshua M. Waldvogel | Counsel | — |
|---|---|---|---|
| Respondent | Sycamore Estate Parcel 13 Community Association | Counsel | Nicole Payne |
Alleged Violations
A.R.S. § 33-1817(B)(3); CC&Rs Article VI, Section 6.5
Outcome Summary
The Administrative Law Judge, upon rehearing, affirmed the denial of the petition, concluding that the Respondent HOA timely denied the Petitioner's architectural application. The timeline for a decision did not start until October 6, 2020, when the application was considered complete, making the November 19, 2020, denial valid.
Why this result: Petitioner lost because the interpretation of the CC&Rs stipulated that the 60-day timeline starts only upon receipt of a complete application, which the ALJ determined was October 6, 2020.
Key Issues & Findings
Whether the architectural application for a casita was deemed approved due to the HOA missing the 60-day denial deadline.
Petitioner claimed his architectural application, submitted September 15, 2020, was deemed approved because the Denial Notice (November 19, 2020) occurred after the 60-day deadline (November 14, 2020). The ALJ determined that the 60-day period did not begin until the Application was complete with supporting information (October 6, 2020), making the deadline December 5, 2020, and the denial timely.
Orders: Petitioner's petition is denied.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. Title 32, Ch. 20, Art. 11
- Arizona Administrative Code R2-19-119
- Johnson v. The Pointe Community Association
- Powell v. Washburn
- A.R.S. § 33-1817(B)(3)
- Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C.
Analytics Highlights
- A.R.S. Title 32, Ch. 20, Art. 11
- Arizona Administrative Code R2-19-119
- Johnson v. The Pointe Community Association, 205 Ariz. 485, 73 P.3d 616 (App. 2003)
- Powell v. Washburn, 211 Ariz. 553, 556 ¶ 9, 125 P.3d 373, 376 (2006)
- A.R.S. § 33-1817(B)(3)
- Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C.
Decision Documents
21F-H2121044-REL Decision – 900658.pdf
Case Participants
Petitioner Side
- Joshua M. Waldvogel (petitioner)
Appeared on his own behalf in both hearings
Respondent Side
- Nicole Payne (HOA attorney)
Carpenter Hazlewood Delgado & Bolen LLP
Represented Sycamore Estate Parcel 13 Community Association - Carlotta L. Turman (HOA attorney)
Carpenter Hazlewood Delgado & Bolen LLP
Neutral Parties
- Tammy L. Eigenheer (ALJ)
Office of Administrative Hearings
Administrative Law Judge for both original and rehearing decisions - Judy Lowe (Commissioner)
Arizona Department of Real Estate
Recipient of the original decision transmission - Louis Dettorre (Commissioner)
Arizona Department of Real Estate
Recipient of the rehearing decision transmission - AHansen (ADRE staff)
Arizona Department of Real Estate
Email recipient for decision transmission - djones (ADRE staff)
Arizona Department of Real Estate
Email recipient for decision transmission - DGardner (ADRE staff)
Arizona Department of Real Estate
Email recipient for decision transmission - vnunez (ADRE staff)
Arizona Department of Real Estate
Email recipient for rehearing decision transmission
