Case Summary
| Case ID | 22F-H2221019-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-01-18 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Brenda C Norman | Counsel | — |
|---|---|---|---|
| Respondent | Rancho Del Lago Community Association | Counsel | Mackenzie Hill, Esq. |
Alleged Violations
Section 3.1(D)(3) of the CC&Rs
Outcome Summary
Petitioner was deemed the prevailing party and RDLCA was ordered to comply with CC&R Section 3.1(D)(3) and refund the $500.00 filing fee. The specific remedy requested by Petitioner (ordering RDLCA to fine the neighbor or force light removal) was denied as the ALJ lacked statutory authority (A.R.S. § 32-2199.02) to grant that relief.
Key Issues & Findings
Violation of CC&R regarding flood illumination direction and ARC approval process.
Petitioner alleged that Respondent (RDLCA) violated CC&R 3.1(D)(3) because a neighbor installed flood lights shining onto Petitioner's property without RDLCA approval (ARC approval). The ALJ found RDLCA in violation because the lights were never approved.
Orders: RDLCA must comply with CC&R Section 3.1(D)(3) and pay Petitioner her $500.00 filing fee. No civil penalty was levied.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 32-2199
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.R.S. § 32-2199.02
Analytics Highlights
- A.R.S. § 32-2199
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- Vazzano v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
- A.R.S. § 32-2199.02
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2221019-REL Decision – 939490.pdf
Questions
Question
Can an Administrative Law Judge order my HOA to fine a neighbor for a violation?
Short Answer
No, the ALJ does not have the statutory authority to order fines against neighbors.
Detailed Answer
Even if a violation is found, the ALJ explicitly stated that the statute does not grant them the power to order the HOA to fine a neighbor or to force a neighbor to remove non-compliant items.
Alj Quote
The Administrative Law Judge does not have the authority under the applicable statute to order that RDLCA fine or order the neighbor remove the lights.
Legal Basis
A.R.S. § 32-2199.02
Topic Tags
- Remedies
- Fines
- Authority
Question
Who is responsible for proving that the HOA violated the community documents?
Short Answer
The homeowner (Petitioner) bears the burden of proof.
Detailed Answer
The homeowner filing the dispute must prove the HOA's violation by a 'preponderance of the evidence'. It is not the HOA's job to disprove it initially.
Alj Quote
Petitioner bears the burden of proof to establish that Respondent committed the alleged violations by a preponderance of the evidence.
Legal Basis
A.R.S. § 41-1092.07(G)(2)
Topic Tags
- Burden of Proof
- Evidence
- Procedure
Question
If I win my case against the HOA, can I get my filing fee back?
Short Answer
Yes, the ALJ can order the HOA to reimburse the filing fee.
Detailed Answer
In this decision, because the homeowner was the prevailing party, the HOA was ordered to pay the $500 filing fee directly to the homeowner within 30 days.
Alj Quote
IT IS FURTHER ORDERED that Respondent pay Petitioner her filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.
Legal Basis
Order
Topic Tags
- Fees
- Reimbursement
- Prevailing Party
Question
Can I challenge my HOA for failing to enforce architectural rules on a neighbor?
Short Answer
Yes, if the HOA allows modifications without the required approval.
Detailed Answer
The ALJ found the HOA in violation of the CC&Rs because the neighbor installed lights without the required Architectural Review Committee (ARC) approval, and the HOA failed to address this specific lack of approval.
Alj Quote
Because this never occurred, Respondent is in violation of CC&R Section 3.1(D)(3).
Legal Basis
CC&R Section 3.1(D)(3)
Topic Tags
- Enforcement
- Architectural Review
- Lighting
Question
What happens if we don't provide the full text of the CC&Rs during the hearing?
Short Answer
The judge cannot rule on parts of the rules that are not provided.
Detailed Answer
The HOA tried to argue a rule applied only to the front yard, but because neither party submitted the full section of the CC&Rs, the judge could not verify that claim and had to rule based only on the evidence available.
Alj Quote
At the outset, neither party submitted the full Section 3.1 of the CC&R’s and the ALJ therefore cannot determine if the section in question applies to the front yard only.
Legal Basis
Evidentiary Standard
Topic Tags
- Evidence
- CC&Rs
- Documentation
Question
What does 'preponderance of the evidence' mean?
Short Answer
It means the claim is more likely true than not.
Detailed Answer
The decision defines this legal standard as proof that convinces the judge that a contention is 'more probably true than not,' even if there is still some doubt.
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
Arizona Law of Evidence
Topic Tags
- Legal Definitions
- Standards
Case
- Docket No
- 22F-H2221019-REL
- Case Title
- Brenda C Norman vs. Rancho Del Lago Community Association
- Decision Date
- 2022-01-18
- Alj Name
- Adam D. Stone
- Tribunal
- OAH
- Agency
- ADRE
Questions
Question
Can an Administrative Law Judge order my HOA to fine a neighbor for a violation?
Short Answer
No, the ALJ does not have the statutory authority to order fines against neighbors.
Detailed Answer
Even if a violation is found, the ALJ explicitly stated that the statute does not grant them the power to order the HOA to fine a neighbor or to force a neighbor to remove non-compliant items.
Alj Quote
The Administrative Law Judge does not have the authority under the applicable statute to order that RDLCA fine or order the neighbor remove the lights.
Legal Basis
A.R.S. § 32-2199.02
Topic Tags
- Remedies
- Fines
- Authority
Question
Who is responsible for proving that the HOA violated the community documents?
Short Answer
The homeowner (Petitioner) bears the burden of proof.
Detailed Answer
The homeowner filing the dispute must prove the HOA's violation by a 'preponderance of the evidence'. It is not the HOA's job to disprove it initially.
Alj Quote
Petitioner bears the burden of proof to establish that Respondent committed the alleged violations by a preponderance of the evidence.
Legal Basis
A.R.S. § 41-1092.07(G)(2)
Topic Tags
- Burden of Proof
- Evidence
- Procedure
Question
If I win my case against the HOA, can I get my filing fee back?
Short Answer
Yes, the ALJ can order the HOA to reimburse the filing fee.
Detailed Answer
In this decision, because the homeowner was the prevailing party, the HOA was ordered to pay the $500 filing fee directly to the homeowner within 30 days.
Alj Quote
IT IS FURTHER ORDERED that Respondent pay Petitioner her filing fee of $500.00, to be paid directly to Petitioner within thirty (30) days of this Order.
Legal Basis
Order
Topic Tags
- Fees
- Reimbursement
- Prevailing Party
Question
Can I challenge my HOA for failing to enforce architectural rules on a neighbor?
Short Answer
Yes, if the HOA allows modifications without the required approval.
Detailed Answer
The ALJ found the HOA in violation of the CC&Rs because the neighbor installed lights without the required Architectural Review Committee (ARC) approval, and the HOA failed to address this specific lack of approval.
Alj Quote
Because this never occurred, Respondent is in violation of CC&R Section 3.1(D)(3).
Legal Basis
CC&R Section 3.1(D)(3)
Topic Tags
- Enforcement
- Architectural Review
- Lighting
Question
What happens if we don't provide the full text of the CC&Rs during the hearing?
Short Answer
The judge cannot rule on parts of the rules that are not provided.
Detailed Answer
The HOA tried to argue a rule applied only to the front yard, but because neither party submitted the full section of the CC&Rs, the judge could not verify that claim and had to rule based only on the evidence available.
Alj Quote
At the outset, neither party submitted the full Section 3.1 of the CC&R’s and the ALJ therefore cannot determine if the section in question applies to the front yard only.
Legal Basis
Evidentiary Standard
Topic Tags
- Evidence
- CC&Rs
- Documentation
Question
What does 'preponderance of the evidence' mean?
Short Answer
It means the claim is more likely true than not.
Detailed Answer
The decision defines this legal standard as proof that convinces the judge that a contention is 'more probably true than not,' even if there is still some doubt.
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
Arizona Law of Evidence
Topic Tags
- Legal Definitions
- Standards
Case
- Docket No
- 22F-H2221019-REL
- Case Title
- Brenda C Norman vs. Rancho Del Lago Community Association
- Decision Date
- 2022-01-18
- Alj Name
- Adam D. Stone
- Tribunal
- OAH
- Agency
- ADRE
Case Participants
Petitioner Side
- Brenda C Norman (petitioner)
Appeared on her own behalf
Respondent Side
- Mackenzie Hill (HOA attorney)
The Brown Law Group, PLLC
Represented Rancho Del Lago Community Association - Nathan Tennyson (HOA attorney)
Represented Rancho Del Lago Community Association - Spencer Brod (community manager)
Testified for Respondent
Neutral Parties
- Adam D. Stone (ALJ)
Office of Administrative Hearings - Louis Dettorre (Commissioner)
Arizona Department of Real Estate
Other Participants
- AHansen (ADRE staff)
Arizona Department of Real Estate
Recipient of order transmission - djones (ADRE staff)
Arizona Department of Real Estate
Recipient of order transmission - DGardner (ADRE staff)
Arizona Department of Real Estate
Recipient of order transmission - vnunez (ADRE staff)
Arizona Department of Real Estate
Recipient of order transmission
