Case Summary
| Case ID | 23F-H066-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-11-13 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Sebastien Verstraet | Counsel | — |
|---|---|---|---|
| Respondent | Monterey Ridge Condominium Association | Counsel | Marcus R. Martinez |
Alleged Violations
Section 4.24, Declaration/Rules
Outcome Summary
The Administrative Law Judge denied the petition, concluding that the homeowner failed to meet the burden of proof to show the HOA violated its documents. The Declaration and Rules unambiguously prohibited hard floor coverings (including vinyl) in the Petitioner's third-floor unit, and the Petitioner admitted installing the flooring without seeking approval.
Why this result: Petitioner failed to meet the burden of proof. Petitioner received the governing documents prior to closing, failed to fully read them, and failed to seek permission from the Association prior to installing the prohibited Luxury Vinyl Plank flooring.
Key Issues & Findings
Flooring Restriction for New Units
Petitioner challenged the Association's enforcement of a declaration rule prohibiting hard floor coverings (like LVP) in his third-floor unit, arguing his chosen flooring had sufficient soundproofing. The Association argued the rule was clear, unambiguous, and mandatory for enforcement.
Orders: Petitioner's petition is denied. Respondent shall not reimburse Petitioner's filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. REV. STAT. §§ 32-2102
- ARIZ. REV. STAT. §§ 32-2199 et al.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. §§ 32-2199(2)
- ARIZ. REV. STAT. §§ 32-2199.01(D)
- ARIZ. REV. STAT. §§ 32-2199.02
- ARIZ. REV. STAT. §§ 41-1092
- ARIZ. ADMIN. CODE R2-19-119
Analytics Highlights
- ARIZ. REV. STAT. §§ 32-2102
- ARIZ. REV. STAT. §§ 32-2199 et al.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. §§ 32-2199(2)
- ARIZ. REV. STAT. §§ 32-2199.01(D)
- ARIZ. REV. STAT. §§ 32-2199.02
- ARIZ. REV. STAT. §§ 41-1092
- ARIZ. ADMIN. CODE R2-19-119
Video Overview
Audio Overview
Decision Documents
23F-H066-REL Decision – 1085177.pdf
23F-H066-REL Decision – 1112087.pdf
Questions
Question
Can I install hard flooring like vinyl or hardwood in my upper-floor condo unit?
Short Answer
Not if the CC&Rs specifically prohibit it to mitigate noise, even if the product is high quality.
Detailed Answer
If the governing documents explicitly prohibit hard floor coverings in specific units (such as second or third-floor units) to mitigate noise, the HOA can enforce this restriction regardless of the quality or sound rating of the material installed.
Alj Quote
Except for entry areas where hard floor coverings have been installed by Declarant, and except for kitchen, bathroom and laundry areas, hard floor coverings (e.g., ceramic tile, natural stone, vinyl, hardwood or laminated flooring) shall be prohibited in all other areas… and all third floor Units.
Legal Basis
CC&Rs Section 4.24
Topic Tags
- architectural restrictions
- flooring
- noise mitigation
Question
Is it a valid defense that I didn't read the CC&Rs before making a change?
Short Answer
No. If you received the documents, you are responsible for knowing the rules.
Detailed Answer
Admitting that you received the Declaration and Rules but did not read them is not a valid defense against a violation. The tribunal will likely find against a homeowner who had the opportunity to review the restrictions but failed to do so.
Alj Quote
Petitioner admitted in his testimony that he timely received a copy of the Declaration and Rules approximately a week prior to closing. Petitioner also admitted that he did not fully read the same… The tribunal finds that Petitioner has not met his burden.
Legal Basis
Contractual Obligation / Constructive Notice
Topic Tags
- homeowner responsibilities
- CC&Rs
- ignorance of law
Question
Does my HOA have to approve a renovation if the new material is 'better' or more valuable than what is required?
Short Answer
No. Clear rules in the CC&Rs override arguments about aesthetics or resale value.
Detailed Answer
Even if a homeowner presents valid points about the superior look or potential resale value of a prohibited improvement (like LVP flooring vs. carpet), the ALJ will enforce the clear and unambiguous language of the governing documents.
Alj Quote
While Petitioner probably had valid points about the look and potential value of LVP flooring versus carpeting, unfortunately, the Declarations and Rules are clear and unambiguous…
Legal Basis
Enforcement of Governing Documents
Topic Tags
- architectural control
- property value
- renovations
Question
What happens if I start a renovation without asking for HOA permission first?
Short Answer
You risk violating rules you weren't aware of and may be forced to stop or reverse the work.
Detailed Answer
Skipping the approval process is risky. If a homeowner fails to seek permission, they miss the opportunity to be informed of specific prohibitions before spending money on installation.
Alj Quote
Petitioner admitted that he did not seek permission from the Association to install the LVP flooring, which had he done, he probably would have been informed that the Rules did not allow for the same.
Legal Basis
Architectural Review Process
Topic Tags
- procedural requirements
- renovations
- violations
Question
Who has to prove their case in an HOA dispute hearing?
Short Answer
The Petitioner (the homeowner filing the complaint) bears the burden of proof.
Detailed Answer
In an administrative hearing, the homeowner filing the petition must prove by a 'preponderance of the evidence' that the HOA violated the governing documents or laws.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated the Declarations and Association Rules.
Legal Basis
Burden of Proof (ARIZ. ADMIN. CODE R2-19-119)
Topic Tags
- legal procedure
- burden of proof
- hearings
Question
What does 'preponderance of the evidence' mean?
Short Answer
It means the evidence shows the claim is more likely true than not.
Detailed Answer
The standard involves superior evidentiary weight that is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Alj Quote
A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.
Legal Basis
Legal Standard of Evidence
Topic Tags
- legal definitions
- evidence
Question
If I lose my case against the HOA, will I get my filing fee back?
Short Answer
No. Reimbursement is generally denied if the petition is denied.
Detailed Answer
If the ALJ rules against the homeowner and denies the petition, the order will typically state that the Respondent (HOA) is not required to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall not reimburse Petitioner’s filing fee…
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(A)
Topic Tags
- costs
- penalties
- fees
Case
- Docket No
- 23F-H066-REL
- Case Title
- Sebastien Verstraet v. Monterey Ridge Condominium Association
- Decision Date
- 2023-11-13
- Alj Name
- Adam D. Stone
- Tribunal
- OAH
- Agency
- ADRE
Questions
Question
Can I install hard flooring like vinyl or hardwood in my upper-floor condo unit?
Short Answer
Not if the CC&Rs specifically prohibit it to mitigate noise, even if the product is high quality.
Detailed Answer
If the governing documents explicitly prohibit hard floor coverings in specific units (such as second or third-floor units) to mitigate noise, the HOA can enforce this restriction regardless of the quality or sound rating of the material installed.
Alj Quote
Except for entry areas where hard floor coverings have been installed by Declarant, and except for kitchen, bathroom and laundry areas, hard floor coverings (e.g., ceramic tile, natural stone, vinyl, hardwood or laminated flooring) shall be prohibited in all other areas… and all third floor Units.
Legal Basis
CC&Rs Section 4.24
Topic Tags
- architectural restrictions
- flooring
- noise mitigation
Question
Is it a valid defense that I didn't read the CC&Rs before making a change?
Short Answer
No. If you received the documents, you are responsible for knowing the rules.
Detailed Answer
Admitting that you received the Declaration and Rules but did not read them is not a valid defense against a violation. The tribunal will likely find against a homeowner who had the opportunity to review the restrictions but failed to do so.
Alj Quote
Petitioner admitted in his testimony that he timely received a copy of the Declaration and Rules approximately a week prior to closing. Petitioner also admitted that he did not fully read the same… The tribunal finds that Petitioner has not met his burden.
Legal Basis
Contractual Obligation / Constructive Notice
Topic Tags
- homeowner responsibilities
- CC&Rs
- ignorance of law
Question
Does my HOA have to approve a renovation if the new material is 'better' or more valuable than what is required?
Short Answer
No. Clear rules in the CC&Rs override arguments about aesthetics or resale value.
Detailed Answer
Even if a homeowner presents valid points about the superior look or potential resale value of a prohibited improvement (like LVP flooring vs. carpet), the ALJ will enforce the clear and unambiguous language of the governing documents.
Alj Quote
While Petitioner probably had valid points about the look and potential value of LVP flooring versus carpeting, unfortunately, the Declarations and Rules are clear and unambiguous…
Legal Basis
Enforcement of Governing Documents
Topic Tags
- architectural control
- property value
- renovations
Question
What happens if I start a renovation without asking for HOA permission first?
Short Answer
You risk violating rules you weren't aware of and may be forced to stop or reverse the work.
Detailed Answer
Skipping the approval process is risky. If a homeowner fails to seek permission, they miss the opportunity to be informed of specific prohibitions before spending money on installation.
Alj Quote
Petitioner admitted that he did not seek permission from the Association to install the LVP flooring, which had he done, he probably would have been informed that the Rules did not allow for the same.
Legal Basis
Architectural Review Process
Topic Tags
- procedural requirements
- renovations
- violations
Question
Who has to prove their case in an HOA dispute hearing?
Short Answer
The Petitioner (the homeowner filing the complaint) bears the burden of proof.
Detailed Answer
In an administrative hearing, the homeowner filing the petition must prove by a 'preponderance of the evidence' that the HOA violated the governing documents or laws.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated the Declarations and Association Rules.
Legal Basis
Burden of Proof (ARIZ. ADMIN. CODE R2-19-119)
Topic Tags
- legal procedure
- burden of proof
- hearings
Question
What does 'preponderance of the evidence' mean?
Short Answer
It means the evidence shows the claim is more likely true than not.
Detailed Answer
The standard involves superior evidentiary weight that is sufficient to incline a fair and impartial mind to one side of the issue rather than the other.
Alj Quote
A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.
Legal Basis
Legal Standard of Evidence
Topic Tags
- legal definitions
- evidence
Question
If I lose my case against the HOA, will I get my filing fee back?
Short Answer
No. Reimbursement is generally denied if the petition is denied.
Detailed Answer
If the ALJ rules against the homeowner and denies the petition, the order will typically state that the Respondent (HOA) is not required to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED pursuant to ARIZ. REV. STAT. § 32-2199.02(A), Respondent shall not reimburse Petitioner’s filing fee…
Legal Basis
ARIZ. REV. STAT. § 32-2199.02(A)
Topic Tags
- costs
- penalties
- fees
Case
- Docket No
- 23F-H066-REL
- Case Title
- Sebastien Verstraet v. Monterey Ridge Condominium Association
- Decision Date
- 2023-11-13
- Alj Name
- Adam D. Stone
- Tribunal
- OAH
- Agency
- ADRE
Case Participants
Petitioner Side
- Sebastien Verstraet (petitioner)
Appeared on his own behalf - Ron Riecks (witness)
Flooring installer for Petitioner; also referred to as Ron Reichkes
Respondent Side
- Joshua M. Bolen (attorney)
Carpenter Hazlewood - Marcus R. Martinez (attorney)
Carpenter Hazlewood - Robert Stein (property manager)
City Property Management
Testified as a witness for Respondent
Neutral Parties
- Adam D. Stone (ALJ)
OAH - Susan Nicolson (Commissioner)
ADRE
