Case Summary
| Case ID | 19F-H1918022-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-05-10 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Tom J Martin | Counsel | — |
|---|---|---|---|
| Respondent | SaddleBrooke Home Owners Association #1, Inc. | Counsel | Carolyn B. Goldschmidt |
Alleged Violations
ARIZ. REV. STAT. § 32-2199.01(A); ARIZ. REV. STAT. § 33-1802(2)
Outcome Summary
The Administrative Law Judge affirmed the dismissal of the petition on rehearing, ruling that the HOA's website and policy manual are not 'community documents' as defined by statute, and therefore the Department has no jurisdiction to adjudicate disputes regarding them. Additionally, the requested financial relief was outside the ALJ's authority.
Why this result: Lack of subject matter jurisdiction because the alleged violations did not involve the declaration, bylaws, articles of incorporation, or rules of the planned community.
Key Issues & Findings
Alleged violation of HOA website and Policy Manual (Policy BC-3) regarding pickleball courts
Petitioner alleged that the HOA violated its website and policy manual by failing to provide pickleball courts as marketed. The Respondent moved to dismiss for lack of jurisdiction, arguing these documents are not community documents. The ALJ affirmed the dismissal, finding that policies and website statements do not fall under the statutory definition of community documents in A.R.S. § 33-1802(2), thus the Department lacked jurisdiction.
Orders: Petitioner Tom J. Martin’s petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. § 32-2199.01
- ARIZ. REV. STAT. § 33-1802
- ARIZ. REV. STAT. § 32-2199.02
- McNally v. Sun Lakes Homeowners Ass’n #1, Inc.
Analytics Highlights
- ARIZ. REV. STAT. § 32-2199.01
- ARIZ. REV. STAT. § 33-1802(2)
- ARIZ. REV. STAT. § 32-2199.02
- ARIZ. REV. STAT. § 1-213
- ARIZ. REV. STAT. § 12-904
- Walker v. Scottsdale, 163 Ariz. 206, 786 P.2d 1057 (App. 1989)
- McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
Decision Documents
19F-H1918022-REL Decision – 704322.pdf
Case Participants
Petitioner Side
- Tom J Martin (petitioner)
Appeared on his own behalf
Respondent Side
- Carolyn B. Goldschmidt (HOA attorney)
Goldschmidt, Shupe, PLLC - Michael S. Shupe (HOA attorney)
Goldschmidt, Shupe, PLLC
Recipient of decision transmittal
Neutral Parties
- Thomas Shedden (ALJ)
Office of Administrative Hearings - Judy Lowe (Commissioner)
Arizona Department of Real Estate - LDettorre (ADRE staff)
Arizona Department of Real Estate
Recipient of decision transmittal - AHansen (ADRE staff)
Arizona Department of Real Estate
Recipient of decision transmittal - djones (ADRE staff)
Arizona Department of Real Estate
Recipient of decision transmittal - DGardner (ADRE staff)
Arizona Department of Real Estate
Recipient of decision transmittal - ncano (ADRE staff)
Arizona Department of Real Estate
Recipient of decision transmittal
Other Participants
- JS (Clerk)
Transmittal initials
