Case Summary
| Case ID | 11F-H1112002-BFS |
|---|---|
| Agency | Department of Fire, Building, and Life Safety |
| Tribunal | OAH |
| Decision Date | 2012-01-18 |
| Administrative Law Judge | Brian Brendan Tully |
| Outcome | yes |
| Filing Fees Refunded | $550.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | James Vincent Gruner | Counsel | — |
|---|---|---|---|
| Respondent | Hunters Pointe Condominium Association | Counsel | Jeffrey B. Corben |
Alleged Violations
CC&Rs Paragraph 10.2
Outcome Summary
The ALJ ruled that while the HOA could remove the obsolete fountain, the CC&Rs required restoration of the common element. Leaving the base filled with rubble violated the requirement to restore property to an attractive condition. The HOA was ordered to install a replacement fountain.
Key Issues & Findings
Failure to restore common element (fountain)
Petitioner alleged the HOA improperly removed a large fountain at the entry way and failed to restore the property, leaving a base filled with debris. The HOA claimed obsolescence and lack of funds.
Orders: Respondent is ordered to comply with paragraph 10.2 of the CC&Rs by the installation of a common element that is in substance a 'fountain,' to be 'substantially' in the location of the former fountain, and that is 'attractive, sound and [of] desirable condition' within 180 days.
Filing fee: $550.00, Fee refunded: Yes
Disposition: petitioner_win
Decision Documents
11F-H1112002-BFS Decision – 283494.pdf
11F-H1112002-BFS Decision – 286426.pdf
