ORDER

20F-H2019002-REL · Department of Real Estate - H/C · 2019-10-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Pending before the Office of the Administrative Hearings is Respondent Catalina Del Rey Homeowners Association’s Motion To Dismiss (Motion). Petitioner has not filed a response to Respondent’s Motion. At issue in the filing is whether the Petition failed to follow the dispute resolution guidelines set forth in Respondent’s CC&Rs, specifically section 21. The CC&Rs dictate the rules or restrictions the owners of the land must follow in all homeowners associations and property owners associations. On or about July 12, 2019, Petitioner filed the Petition. On or about July 18, 2019, the Arizona Department of Real Estate (Department) notified Respondent of the Petition. There are no documents, filed by Petitioner, that indicate that Petitioner gave Respondent notice of the Petition prior to filing with the Department. Petitioner did not properly adhere to Respondent’s CC&Rs when she failed to provide adequate notice to Respondent and failed to provide Respondent with the opportunity to participate in the dispute resolution, prior to bringing the matter before this venue. Absent Petitioner’s response to the Motion addressing her rationale for not abiding by the provisions of the CC&Rs or applicable statutes that would allow her to pursue an enforcement action in this venue, this matter must be dismissed. IT IS ORDERED granting the Respondent’s Motion and dismissing the Petition. Done this day, October 4, 2019. /s/ Antara Nath Rivera Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile October 4, 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]

F MICHAEL CADDEN Cadden Community Management 1870 West Prince Road, Ste. 47 Tucson, AZ 85705

Nathan Tennyson Brown | Olcott, PLLC 373 S. Main Ave Tucson, AZ 85701 [email redacted]

Jennie Bennett 5698 North Camino del Sol Tucson, AZ 85718 [email redacted]

By c. serrano

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