Case Summary
| Case ID | 13F-H1313005-BFS |
|---|---|
| Agency | Department of Fire, Building and Life Safety |
| Tribunal | Office of Administrative Hearings |
| Decision Date | 2013-11-13 |
| Administrative Law Judge | M. Douglas |
| Outcome | no |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | The Center Court Condominiums Association | Counsel | Erin McManis |
|---|---|---|---|
| Respondent | Katrina Klissas | Counsel | James B. Rolle III |
Alleged Violations
Rule L-9; CC&R Section 9.09
Rule L-8
Outcome Summary
The HOA's petition was dismissed in its entirety. The Tribunal found the balcony board did not constitute a prohibited enclosure and that the HOA was barred by laches from enforcing the rule after a delay of over 10 years. Regarding wind chimes, the HOA failed to prove the homeowner exceeded the permitted number. The homeowner was deemed the prevailing party.
Why this result: The HOA failed to meet the burden of proof for the wind chimes violation and was barred by laches regarding the balcony board due to inexcusable delay.
Key Issues & Findings
Alleged unauthorized balcony enclosure
Petitioner alleged Respondent maintained an unauthorized enclosure on her balcony. Respondent argued the board was for privacy and existed since 1998.
Orders: Dismissed due to insufficient evidence that the board constituted an enclosure and the doctrine of laches barring the claim due to unreasonable delay.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
Excessive wind chimes
Petitioner alleged Respondent had more than the allowed four wind chimes. Respondent testified she had four chimes and the rest were wind spinners.
Orders: Dismissed due to lack of credible evidence that Respondent exceeded the limit of four wind chimes.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
Decision Documents
13F-H1313005-BFS Decision – 369209.pdf
13F-H1313005-BFS Decision – 376768.pdf
**Case Title:** *The Center Court Condominiums Association v. Katrina Klissas*
**Case Number:** 13F-H1313005-BFS
**Forum:** Arizona Office of Administrative Hearings
**Date of Final Decision:** January 3, 2014
**Overview**
This administrative hearing addressed a petition filed by The Center Court Condominiums Association (Petitioner) against homeowner Katrina Klissas (Respondent). The Petitioner alleged violations of the community's Rules and Regulations regarding balcony enclosures and the number of wind chimes allowed on the property.
**Key Facts and Arguments**
* **Balcony Enclosure Allegation:** The Petitioner alleged Ms. Klissas maintained an unauthorized balcony enclosure in violation of Rule L-9 and CC&R Section 9.09. Evidence established that a prior owner installed a 3’ by 5’ wooden board across the balcony railing in 1998 for privacy. The Petitioner was aware of the board as early as 2001 and had even painted it to match the building's trim in 2004.
* **Wind Chimes Allegation:** The Petitioner alleged Ms. Klissas possessed more than the permitted four wind chimes (Rule L-8). A neighbor testified the noise was a nuisance. However, the Respondent testified she had exactly four chimes and that other hanging items were silent "wind spinners".
**Legal Findings and Decision**
Administrative Law Judge (ALJ) M. Douglas ruled in favor of the Respondent, dismissing the case based on the following legal conclusions:
1. **Insufficient Evidence of Enclosure:** The ALJ determined the Petitioner failed to meet the burden of proof to establish that the wooden board constituted a balcony "enclosure".
2. **Doctrine of Laches:** The ALJ applied the doctrine of laches, which bars claims when an inexcusable delay results in prejudice against a party. Because the Petitioner waited over a decade (since 1998/2001) to enforce the removal of the board, the delay was deemed unreasonable and prejudicial to Ms. Klissas.
3. **Compliance with Chime Rules:** The Petitioner failed to provide credible proof that Ms. Klissas had more than four wind chimes or that a formal noise complaint had been filed regarding them. Consequently, no violation of Rule L-8 was found.
**Outcome**
The ALJ ordered the matter dismissed and deemed Ms. Klissas the prevailing party. The decision was certified as the final administrative decision of the Department of Fire, Building and Life Safety on January 3, 2014, after the Department took no action to reject or modify the ALJ's ruling within the statutory timeframe.
Case Participants
Petitioner Side
- Erin McManis (HOA Attorney)
Mulcahy Law Firm P.C. - Timothy Bartlett (Board President)
The Center Court Condominiums Association
Testified regarding ongoing dispute and letters since 2001 - John Foster Flynn (Witness)
Neighbor/Homeowner
Complained about wind chimes; owns unit above Respondent
Respondent Side
- Katrina Klissas (Respondent)
Homeowner
Accused of violating balcony rules (enclosure and wind chimes) - James B. Rolle III (Respondent Attorney)
Law Offices of James B. Rolle - Mike Weber (Witness)
Respondent's husband
Testified regarding privacy board installation history - Roberta Piatt (Witness)
Former Owner
Installed the balcony board in 1998
Neutral Parties
- M. Douglas (ALJ)
Office of Administrative Hearings
Administrative Law Judge - Gene Palma (Director)
Department of Fire, Building and Life Safety
Agency Director receiving the decision - Cliff J. Vanell (Director)
Office of Administrative Hearings
Certified the ALJ decision - Joni Cage (Agency Staff)
Department of Fire, Building and Life Safety
Listed on service list - Rosella J. Rodriguez (Clerk)
Office of Administrative Hearings
Signed certification mailing
