Case Summary
| Case ID | 18F-H1818029-REL-RHG, 18F-H1818045-REL, 18F-H1818054-REL, 18F-H1818054-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-03-01 |
| 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
A.R.S. § 33-1803(A)
A.R.S. § 33-1803(A)
A.R.S. § 33-1803(A)
Outcome Summary
The ALJ ruled that Mogollon Airpark, Inc. violated A.R.S. § 33-1803(A) by charging a $25 late fee, as the statutory limit applies to all assessments,. However, the ALJ found no violation regarding the $325 assessment increase because the $209 portion was a special assessment and the remaining regular increase did not exceed the 20% limit,,.
Why this result: The Petitioners' primary loss on the assessment cap issue was due to a failed legal interpretation that 'regular assessment' encompasses all assessments, a view the ALJ found would render statutory language redundant,.
Key Issues & Findings
Challenge to $325 Assessment Increase (Docket 029-RHG)
Petitioner Brown argued that 'regular assessment' refers to the procedure (motion, second, vote) and thus the entire $325 increase should be subject to the 20% cap,. The ALJ rejected this, finding that $116 was a regular increase (14.1%) and $209 was a special assessment, to which the cap did not apply,.
Orders: Petition in Docket No. 18F-H1818029-REL-RHG is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1803(A)
- Deer Valley v. Houser
Excessive Late Fee and Interest (Docket 045)
Petitioner Brown alleged that the $25 late charge and interest rate exceeded the limits of A.R.S. § 33-1803(A). The ALJ ruled that the statutory limit on late fees applies to all 'assessments', not just 'regular assessments', and found the HOA in violation,.
Orders: Respondent must rescind the $25 late fee and pay Petitioner his $500 filing fee within thirty days.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1803(A)
- U.S. Parking Sys v. City of Phoenix
Challenge to $325 Assessment Increase (Docket 054 & Rehearing)
Petitioner Stevens argued the entire $325 must be a regular assessment because the HOA lacked authority to impose special assessments or used deceptive accounting to justify the increase,,. The ALJ found that 'regular assessment' is a specific type of assessment and the $116 increase (14.1%) did not exceed the cap,,.
Orders: Petition in Docket No. 18F-H1818054-REL and the subsequent rehearing are dismissed,.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1803(A)
- A.R.S. § 33-1806
- Northwest Fire District v. U.S. Home of Arizona
Analytics Highlights
- A.R.S. § 33-1803(A)
- A.R.S. § 33-1806
- A.R.S. § 32-2199.02(B)
- A.R.S. Title 32, Ch. 20, Art. 11
- A.A.C. § R2-19-119
- Deer Valley v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
- U.S. Parking Sys v. City of Phoenix, 160 Ariz. 210, 211, 772 P.2d 33, 34 (App. 1989)
- McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
- Gutierrez v. Industrial Commission of Arizona
- State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
- Northwest Fire District v. U.S. Home of Arizona, 215 Ariz. 492 (2007)
Decision Documents
18F-H1818054-REL Decision – 666285.pdf
18F-H1818054-REL Decision – 672623.pdf
Case Participants
Petitioner Side
- Warren R. Brown (petitioner)
Appeared on his own behalf - Brad W. Stevens (petitioner)
Appeared on his own behalf and testified
Respondent Side
- Gregory A. Stein (respondent attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
Counsel for Respondent, referred to as Greg Stein in rehearing - Mark K. Sahl (respondent attorney)
CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP
Counsel for Respondent (also spelled Sahl/Saul)
Neutral Parties
- Thomas Shedden (ALJ)
Office of Administrative Hearings - Judy Lowe (commissioner)
Arizona Department of Real Estate - Felicia Del Sol (staff/clerk)
Transmitting staff
