Case Summary
| Case ID | 18F-H1818029-REL-RHG; 18F-H1818045-REL; 18F-H1818054-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2018-10-18 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | partial |
| Filing Fees Refunded | $1,500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Warren R. Brown | Counsel | — |
|---|---|---|---|
| Respondent | Mogollon Airpark, Inc. | Counsel | Gregory A. Stein, Esq.; Mark K. Sahl, Esq. |
Alleged Violations
ARIZ. REV. STAT. section 33-1803(A)
ARIZ. REV. STAT. section 33-1803(A)
ARIZ. REV. STAT. section 33-1803(A)
Outcome Summary
The ALJ found Mogollon did not violate ARS § 33-1803(A) concerning the 39.4% assessment increase (Matters 029 and 054), rejecting the Petitioners' interpretation of 'regular assessment.' However, Petitioner Brown prevailed in Matter 045, proving Mogollon violated the late charge limit of ARS § 33-1803(A) by charging a $25 late fee, resulting in a refund of his $500 filing fee and rescission of the fee.
Why this result: The assessment increase claims (029 and 054) were lost because the ALJ determined that interpreting 'regular assessment' as referring to the procedural method (motion, second, vote) would render the word 'regular' trivial or void in the statute.
Key Issues & Findings
Late payment charges limitation (045 Matter)
Petitioner Brown (045 matter) alleged the HOA violated ARS § 33-1803(A) by charging a $25 late fee. The ALJ found that the statutory limitation on late charges applies to all 'assessments,' not just 'regular assessments,' and found the $25 late charge was in violation.
Orders: Mogollon Airpark Inc. must rescind the $25 late fee assessed against Mr. Brown; Mogollon must pay Mr. Brown his filing fee of $500.00 within thirty days.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. section 33-1803(A)
Assessment increase greater than 20% limit (029 Matter)
Petitioner Brown (029-RHG matter) argued the 39.4% increase violated the 20% cap because 'regular assessment' refers to the procedure for instituting any assessment. The ALJ rejected this interpretation, finding it rendered the word 'regular' void in the statute.
Orders: Petition dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. section 33-1803(A)
Assessment increase greater than 20% limit (054 Matter)
Petitioner Stevens (054 matter) alleged the HOA's $325 assessment increase was unlawful under the 20% cap. The ALJ dismissed the petition, applying the same statutory interpretation as in the 029 matter, holding that Mogollon's classification of the majority of the increase as a special assessment was valid under the statute.
Orders: Petition dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. section 33-1803(A)
Decision Documents
18F-H1818029-REL Decision – 666285.pdf
18F-H1818029-REL Decision – 672623.pdf
Case Participants
Petitioner Side
- Warren R. Brown (petitioner)
Appeared on his own behalf - Brad W. Stevens (petitioner; witness)
Appeared on his own behalf; presented testimony at hearing
Respondent Side
- Gregory A. Stein (HOA attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
Counsel for Respondent Mogollon Airpark, Inc. - Mark K. Sahl (HOA attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
Counsel for Respondent Mogollon Airpark, Inc.
Neutral Parties
- Thomas Shedden (ALJ)
Office of Administrative Hearings - Judy Lowe (Commissioner)
Arizona Department of Real Estate - Felicia Del Sol (staff)
Transmitted decision
