**Case Title:** *John and Debborah Sellers v. Crossings at Willow Creek Property Owners Association*
**Case Number:** 12F-H1213003-BFS

**Summary of Proceedings**
On August 7, 2012, John and Debborah Sellers (Petitioners) filed a petition with the Arizona Department of Fire, Building and Life Safety alleging that the Crossings at Willow Creek Property Owners Association (Respondent) violated A.R.S. § 33-1806. The Petitioners claimed the Respondent failed to properly disclose required information to a purchaser of a lot within the planned community,.

The matter was assigned to Administrative Law Judge (ALJ) Tammy L. Eigenheer at the Office of Administrative Hearings. Although a hearing was initially scheduled, the ALJ identified a preliminary issue regarding the Petitioners' standing to bring the case. Consequently, the ALJ ordered a pre-hearing conference and oral arguments, which took place on December 12, 2012.

**Key Facts and Legal Arguments**
The central legal issue was whether the Petitioners had standing to file a complaint regarding a real estate transaction to which they were not a party.
* **Petitioners' Admissions:** During the pre-hearing conference, the Petitioners acknowledged they were neither buyers nor sellers in the transaction in question. Furthermore, they admitted they suffered no harm from the Respondent’s alleged failure to provide documents to the actual purchaser.
* **Legal Standing:** The ALJ analyzed the case under A.R.S. § 41-2198.01(B), which regulates disputes between owners and associations. The ALJ determined that because the Petitioners were not parties to the transaction, they did not have a "dispute" with the Respondent within the meaning of the statute. Consequently, they lacked the necessary standing to proceed with a hearing on the merits regarding the alleged violation of A.R.S. § 33-1806.

**Outcome and Final Decision**
On January 23, 2013, the ALJ issued a decision dismissing the petition because the Petitioners failed to demonstrate standing upon which relief could be granted,. The Order stated that no action was required of the Respondent.

The Department of Fire, Building and Life Safety did not accept, reject, or modify the decision within the statutory review period,. Therefore, on February 28, 2013, the Director of the Office of Administrative Hearings certified the ALJ's decision as the final administrative decision.