**Case Title:** *Kathy Wozniak vs. The North Slopes Property Owners Association*
**Case Number:** 11F-H1112001-BFS

**Hearing Overview and Proceedings**
On October 19, 2011, the Office of Administrative Hearings held an oral argument to address the Respondent’s First Amended Motion to Dismiss,. The dispute centered on the Petitioner's grievances regarding the Association's enforcement of Covenants, Conditions, and Restrictions (CC&Rs).

**Key Facts and Arguments**
The Petitioner, Kathy Wozniak, alleged issues regarding the size of homes permitted within the subdivision. Specifically, she noted that the CC&Rs in place when she purchased Lot 20 allowed for a minimum home size of 2,500 square feet, but the Association subsequently amended the CC&Rs to increase the minimum requirement to 3,500 square feet,.

However, during the proceedings, the Petitioner failed to identify any specific statute or provision within the community documents that the Respondent had violated,. Instead, she argued that the Respondent had failed to adhere to a contract and did not act in good faith.

**Key Legal Issues**
The Administrative Law Judge (ALJ) identified two primary legal deficiencies in the Petitioner's case:

1. **Standing:** It was undisputed that the Petitioner did not own Lot 20 at the time she filed the petition with the Arizona Department of Fire, Building and Life Safety. Consequently, she did not qualify as an "owner" under A.R.S. § 41-2198.01(B) and lacked the legal standing to be a party to the administrative hearing.
2. **Subject Matter Jurisdiction:** The Tribunal found that the Petitioner's claims were contractual in nature rather than based on a violation of Title 33, Chapter 16, or planned community documents. The ALJ ruled that adjudicating contractual disputes and allegations of bad faith falls outside the Tribunal’s jurisdiction under A.R.S. § 41-2198(3).

**Outcome and Final Decision**
Based on the lack of standing and the lack of jurisdiction over the contractual issues raised, the ALJ granted the Respondent’s First Amended Motion to Dismiss on October 28, 2011,.

Following the decision, the Department of Fire, Building and Life Safety had until December 2, 2011, to accept, reject, or modify the ruling. Because no action was taken by the Department, the ALJ's decision was certified as the final administrative decision on December 6, 2011,. The Petitioner retained the right to request a rehearing or appeal to the Superior Court,.