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 | 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. |
| 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
Video Overview
Audio Overview
Decision Documents
11F-H1112002-BFS Decision – 283494.pdf
11F-H1112002-BFS Decision – 286426.pdf
11F-H1112002-BFS Decision – 283494.pdf
11F-H1112002-BFS Decision – 286426.pdf
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11F-H1112002-BFS
2 sources
These legal documents detail a dispute between James Vincent Gruner and the Hunters Pointe Condominium Association regarding the unauthorized removal of a community fountain. The Administrative Law Judge determined that the association violated its governing Covenants, Conditions and Restrictions (CC&Rs) by failing to maintain the property according to its original plans. While the association argued that financial hardship and modern safety codes justified the removal, the court found the resulting debris to be an unattractive safety hazard. Consequently, the association was ordered to restore the fountain within 180 days and reimburse the petitioner’s filing fees. A subsequent certification confirmed this ruling as the final administrative decision after the state agency failed to modify or reject the judge’s initial findings.
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11F-H1112002-BFS
2 sources
These legal documents detail a dispute between James Vincent Gruner and the Hunters Pointe Condominium Association regarding the unauthorized removal of a community fountain. The Administrative Law Judge determined that the association violated its governing Covenants, Conditions and Restrictions (CC&Rs) by failing to maintain the property according to its original plans. While the association argued that financial hardship and modern safety codes justified the removal, the court found the resulting debris to be an unattractive safety hazard. Consequently, the association was ordered to restore the fountain within 180 days and reimburse the petitioner’s filing fees. A subsequent certification confirmed this ruling as the final administrative decision after the state agency failed to modify or reject the judge’s initial findings.
No emoji found
Loading
11F-H1112002-BFS
2 sources
These legal documents detail a dispute between James Vincent Gruner and the Hunters Pointe Condominium Association regarding the unauthorized removal of a community fountain. The Administrative Law Judge determined that the association violated its governing Covenants, Conditions and Restrictions (CC&Rs) by failing to maintain the property according to its original plans. While the association argued that financial hardship and modern safety codes justified the removal, the court found the resulting debris to be an unattractive safety hazard. Consequently, the association was ordered to restore the fountain within 180 days and reimburse the petitioner’s filing fees. A subsequent certification confirmed this ruling as the final administrative decision after the state agency failed to modify or reject the judge’s initial findings.
Case Participants
Petitioner Side
- James Vincent Gruner (Petitioner)
Hunters Pointe Condominium Association (Resident)
Resided in association for 15 years - Ronald W. Stephenson (Witness)
Hunters Pointe Condominium Association (Resident, Unit 2016)
Testified on behalf of Petitioner
Respondent Side
- Jeffrey B. Corben (Attorney)
Maxwell & Morgan P.C.
Represented Hunters Pointe Condominium Association - Cathy Gillespie (Board Member)
Hunters Pointe Condominium Association
Board Secretary; testified for Respondent
Neutral Parties
- Brian Brendan Tully (ALJ)
Office of Administrative Hearings
Administrative Law Judge - Gene Palma (Agency Director)
Department of Fire, Building and Life Safety
Director receiving transmittal - Cliff J. Vanell (Director)
Office of Administrative Hearings
Certified the ALJ decision - Beth Soliere (Agency Staff)
Department of Fire, Building and Life Safety
Recipient of decision copy