Case Summary
| Case ID | 12F-H1213004-BFS |
|---|---|
| Agency | — |
| Tribunal | — |
| Decision Date | 2013-01-07 |
| Administrative Law Judge | TE |
| Outcome | complete |
| Filing Fees Refunded | — |
| Civil Penalties | — |
Parties & Counsel
| Petitioner | Steve Ikeda | Counsel | Pro se |
|---|---|---|---|
| Respondent | Riverview Park Condominiums | Counsel | Lindsey O'Connor, Esq., Carpenter Hazlewood, Delgado & Bolen PLC |
Alleged Violations
No violations listed
Decision Documents
12F-H1213004-BFS Decision – 319848.pdf
12F-H1213004-BFS Decision – 325288.pdf
12F-H1213004-BFS Decision – 319848.pdf
12F-H1213004-BFS Decision – 325288.pdf
In case 12F-H1213004-BFS, Petitioner Steve Ikeda brought a dispute against Respondent Riverview Park Condominiums after the Homeowner Association (HOA) cited him for maintaining a satellite dish in a common area [1-3].
**Key Facts**
When Ikeda purchased his condominium in 2007, he installed a satellite dish in the community's common area [2, 4]. In 2011, Ikeda leased the unit to a tenant, who removed the original satellite dish and installed a new one in the exact same location [2]. In 2012, Riverview's management issued notices to Ikeda stating that he was in violation of the community's Covenants, Conditions and Restrictions (CC&Rs) because the dish was situated on common area property [2, 3, 5]. According to the CC&Rs, any outdoor installation of an antenna or satellite dish required written approval from the Board of Directors [4, 6].
Ikeda argued that he had received permission from the developer and prior management company when he purchased the unit, though he admitted he had lost the original written approval [7, 8]. To support his claim, he presented a June 2012 letter from the prior management confirming they had authorized the initial installation [2, 5]. Ikeda also argued that the current management's denial was unfair to his tenant, who had entered into a satellite service contract relying on Ikeda's prior approval [9, 10]. Riverview countered that their transferred files contained no record of Ikeda's original written permission [10]. Furthermore, Riverview noted that even if the initial dish was authorized, Ikeda never sought or received the required written permission for the replacement dish installed by his tenant in 2011 [11].
**Main Issues**
The primary issue was whether Ikeda could prove by a preponderance of the evidence that he had the required written permission for the satellite dish, and consequently, whether Riverview violated the CC&Rs by citing and fining him for the installation [11, 12].
**Final Outcome**
The Administrative Law Judge (ALJ) concluded that Ikeda failed to establish by a preponderance of the evidence that he had received the necessary written permission from the prior management company [11]. Furthermore, he failed to prove that Riverview violated the CC&Rs by enforcing the rules regarding the common area [11]. The ALJ recommended that Ikeda's petition be dismissed and that no action be required of Riverview [13]. Because the Department of Fire, Building and Life Safety did not take action to accept, reject, or modify the ALJ's decision by the statutory deadline, the dismissal was officially certified as the final administrative decision on February 13, 2013 [14, 15].
Case Participants
Petitioner Side
- Steve Ikeda (Petitioner)
Appeared on his own behalf
Respondent Side
- Lindsey O'Connor (Attorney)
Carpetner Hazlewood, Delgado & Bolen PLC
Represented Respondent Riverview Park Condominiums
Neutral Parties
- Tammy L. Eigenheer (Administrative Law Judge)
Office of Administrative Hearings - Cliff J. Vanell (Director)
Office of Administrative Hearings - Gene Palma (Director)
Department of Fire Building and Life Safety - Joni Cage (Administrative Contact)
Department of Fire Building and Life Safety
Other Participants
- Mark Dawson (Former President and Declarant)
Riverview Park Condominium Association
Also Managing Partner of Willow Parc Developments, LLC