Case Summary
| Case ID | 15F-H1515001-BFS |
|---|---|
| Agency | DFBLS |
| Tribunal | OAH |
| Decision Date | 2015-06-23 |
| Administrative Law Judge | M. Douglas |
| Outcome | no |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Deanna Morris | Counsel | — |
|---|---|---|---|
| Respondent | Sundance Residential HOA | Counsel | Mark Sahl |
Alleged Violations
CC&Rs Article VII, Sections 7.01, 7.03, 7.04; Article 1, Sections 1.64, 1.65; Article II, Section 2.08; Article X, Section 10.16
N/A
Outcome Summary
The ALJ ordered that the petition be dismissed and the Respondent be deemed the prevailing party. The HOA was found to have properly approved the architectural changes, and the billing dispute was resolved prior to the hearing.
Why this result: Petitioner failed to prove by a preponderance of the evidence that Sundance violated its governing documents regarding the architectural approval, and the billing issue was moot.
Key Issues & Findings
Violation of CC&Rs regarding neighbor's gazebo and balcony
Petitioner alleged that the HOA improperly approved a neighbor's walkout balcony and gazebo, claiming the structures blocked views, violated privacy, and were not compliant with the CC&Rs or design guidelines.
Orders: Petition dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
Improper invoice charge
Petitioner alleged the HOA added an unexplained invoice for $1,076.00 to her quarterly bill.
Orders: Petition dismissed (Issue resolved: HOA removed the charge as an administrative error before hearing).
Filing fee: $0.00, Fee refunded: No
Disposition: resolved_prior_to_hearing
