Case Summary
| Case ID | 13F-H1213010-BFS-rhg |
|---|---|
| Agency | Department of Fire, Building and Life Safety |
| Tribunal | Office of Administrative Hearings |
| Decision Date | 2014-01-17 |
| Administrative Law Judge | M. Douglas |
| Outcome | partial |
| Filing Fees Refunded | $2,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Denise Park | Counsel | J. Roger Wood |
|---|---|---|---|
| Respondent | Montezuma Fairway Villas Homeowners Association | Counsel | Jonathon V. O’Steen |
Alleged Violations
A.R.S. § 33-1247
A.R.S. § 33-1248
A.R.S. § 33-1250
A.R.S. § 33-1258
Outcome Summary
The Director accepted the ALJ's decision on rehearing. The Petitioner prevailed on 2 of 4 issues (maintenance and elections). The Respondent was ordered to pay Petitioner $1,000.00 (half the filing fee) and provide proof of weed control in common areas.
Why this result: Petitioner lost the open meetings issue due to failure to attend despite notice, and the financial records issue due to the one-year statute of limitations.
Key Issues & Findings
Maintenance of common areas
Petitioner alleged the HOA failed to maintain common areas, citing a broken wall, weeds, and overflowing trash containers. The Tribunal found credible evidence of these conditions.
Orders: HOA ordered to comply with statute; eliminate or control weeds within 90 days and provide proof.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- 73
- 76
- 133
- 138
- 139
Open meetings
Petitioner alleged the HOA failed to conduct open meetings. The Tribunal found notice was mailed but Petitioner failed to attend.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_lose
- 73
- 134
Proper elections
Petitioner alleged the HOA failed to hold proper elections. The Tribunal found no election was held at the annual meeting.
Orders: HOA ordered to fully comply with election statutes in the future.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- 73
- 135
- 138
Financial information
Petitioner alleged the HOA failed to provide requested financial information. While the HOA failed to provide records within 10 days, the claim was barred by the statute of limitations.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_lose
- 73
- 136
- 137
Decision Documents
12F-H1213010-BFS Decision – 334123.pdf
12F-H1213010-BFS Decision – 370568.pdf
12F-H1213010-BFS Decision – 376532.pdf
**Case Summary: Denise Park v. Montezuma Fairway Villas Homeowners Association**
**Case No. 12F-H1213010-BFS**
**Overview**
This case involves a petition filed by Denise Park (Petitioner) against the Montezuma Fairway Villas Homeowners Association (Respondent) before the Arizona Office of Administrative Hearings. The Petitioner, an owner of three condominium units, alleged that the Respondent violated multiple provisions of the Arizona Revised Statutes (A.R.S.) regarding planned communities. The proceedings included an initial hearing on March 28, 2013, and a rehearing on November 20, 2013.
**Key Allegations and Issues**
The Petitioner charged the Respondent with four specific violations:
1. **Failure to maintain common areas** (A.R.S. § 33-1247), specifically regarding a broken wall, weeds, peeling paint, and insufficient trash containers.
2. **Failure to conduct open meetings** (A.R.S. § 33-1248).
3. **Failure to hold proper elections** (A.R.S. § 33-1250).
4. **Failure to provide financial information** within the statutory timeframe (A.R.S. § 33-1258).
**Arguments**
* **Petitioner:** Park testified that common areas were neglected, trash bins were overflowing, and she had not received proper notice of meetings or elections. She also argued the Association failed to provide requested financial records until after she filed her petition.
* **Respondent:** The Association argued that maintenance issues resulted from financial struggles caused by unpaid dues, including dues owed by the Petitioner. Regarding meetings, the Treasurer testified that notice for the May 2012 meeting was mailed to Park, but she did not attend. Regarding elections, the Association argued that because only three members attended the meeting—all of whom were current officers willing to continue—no formal election was necessary. On rehearing, the Respondent raised a defense regarding the statute of limitations for the financial records claim.
**Findings of Fact and Legal Conclusions**
The Administrative Law Judge (ALJ) issued a decision on rehearing, which modified the initial findings:
1. **Maintenance (Violation Found):** The ALJ found the Association failed to maintain common areas, citing the broken wall and weeds. Although the Association performed repairs after the initial hearing, the violation was substantiated at the time of the complaint.
2. **Open Meetings (No Violation):** The ALJ found the Association did hold
Case Participants
Petitioner Side
- Denise Park (petitioner)
Montezuma Fairway Villas Homeowners Association (Member)
Owner of three condominium units - J. Roger Wood (attorney)
J. Roger Wood PLLC
Represented Petitioner in rehearing
Respondent Side
- Carol Ann Klagge (witness)
Montezuma Fairway Villas Homeowners Association
Treasurer; owns three units - Jay Klagge (board member)
Montezuma Fairway Villas Homeowners Association
Secretary - Tony Sturgeon (board member)
Montezuma Fairway Villas Homeowners Association
Vice-President - Helen Bartels (witness)
Montezuma Fairway Villas Homeowners Association
Became board member after March 28, 2013 hearing - Jonathon V. O’Steen (attorney)
O’Steen & Harrison, PLC
Represented Respondent in rehearing; listed as Petitioner's attorney in initial hearing decision - Kevin R. Harper (attorney)
Harper Law, PLC
Represented Respondent in initial hearing; Final Order mailing list lists 'Denise Park c/o Harper Law PLC'
Neutral Parties
- M. Douglas (ALJ)
Office of Administrative Hearings - Gene Palma (Director)
Department of Fire, Building and Life Safety - Joni Cage (Complaint Program Manager)
Department of Fire, Building and Life Safety
