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19F-H1919067-REL · Department of Real Estate - H/C · 2019-09-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

On June 27, 2019, the Commissioner of the Arizona Department of Real Estate (“the Department”) issued a Notice of Hearing pursuant to Gary B. Crosby’s (“Petitioner’s”) request, setting an evidentiary hearing on this date at 1:00 p.m. on the merits of the Homeowners Association (HOA) Dispute Petition that he had filed against Thunder Mountain Estates Homeowners Association (“Respondent”). The Department sent the Notice of Hearing via certified mail to the street address on Petitioner’s petition and electronically to the email address on the petition. Petitioner did not request to appear telephonically and did not request that the hearing be continued. Although the start of the duly noticed hearing was delayed seventeen minutes to allow Petitioner additional travel time, he did not appear, personally or through an authorized attorney, and did not contact the OAH to request that the start of the hearing be further delayed. Consequently, Petitioner did not present any evidence to prosecute the allegations in the petition that he filed with the Department. Respondent appeared through a Board member and was prepared to present the testimony of its community manager. Because Petitioner bears the burden to establish that Respondent violated the CC&R alleged in the petition, see A.A.C. R2-19-119(B)(1), and did not present any evidence to establish the merits of the petition, IT IS ORDERED dismissing Petitioner’s petition against Respondent. 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 days of the service of this Order upon the parties. Done this day, September 24, 2019.

/s/ Diane Mihalsky Administrative Law Judge

Copy mailed/e-mailed/faxed September 24, 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]

Gary B. Crosby 6338 E. Orion St. Mesa, AZ 85215 [email redacted]

Gail Lottman Nicole Nudi c/o Tri-City Property Management Services, Inc 760 S. Stapley Dr. Mesa, AZ 85204 [email redacted]

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

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