Vacate

19F-H1918031-REL · Department of Real Estate - H/C · 2019-01-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On January 4, 2019, Respondent Golden Hills Homeowners Association filed a Motion for Summary Judgment in which Respondent argued that it was not a planned community as defined by A.R.S. § 33-1802(4), and therefore, the Office of Administrative Hearings did not have jurisdiction to hear the petition filed by Petitioner. Oral arguments on the motion were held on January 16, 2019. During the course of the arguments, Respondent established that its real estate development did not include real estate owned and operated by or real estate on which an easement to maintain roadways or a covenant to maintain roadways was held by a nonprofit corporation or unincorporated association of owners. Petitioner acknowledged that Respondent did not meet the definition of a planned community under the statute and grudgingly admitted that the Office of Administrative Hearings did not have jurisdiction over this matter. Accordingly, IT IS ORDERED granting the Motion for Summary Judgment and dismissing Petitioner’s petition. This matter is vacated from the calendar of the Office of Administrative Hearings. NOTICE Pursuant to A.R.S. §32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to A.R.S. § 32-2199.04. Pursuant to A.R.S. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties. Done this day, January 18, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile January 18, 2019 to:

Judy Lowe, Commissioner Arizona Department of Real Estate 100 N. 15th Avenue, Suite 201 Phoenix, Arizona 85007 Attn: [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] [email redacted]

Chad M. Gallacher, Esq. Maxwell & Morgan, P.C. Pierpont Commerce Center 4854 E Baseline Rd., Suite 104 Mesa, AZ 85206 [email redacted]

Scott Offermann 7527 E Elena Cir. Mesa, AZ 85208

By c. serrano -----------------------

Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826