ALJDEC decisions subject to certification as final

20F-H2019005-REL · Department of Real Estate - H/C · 2019-11-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: October 30, 2019 APPEARANCES: Petitioner Michael J. Stoltenberg appeared on his own behalf. Respondent Rancho Del Oro Homeowners Association was represented by Nicole Payne. ADMINISTRATIVE LAW JUDGE: Tammy L. Eigenheer Petitioner filed the instant petition asserting that Respondent had failed to comply with the decision in a prior proceeding before the Office of Administrative Hearings in which the Administrative Law Judge concluded that Respondent was required to provide landscaping maintenance. Petitioner acknowledged that in 2013, he notified Respondent that it was not allowed to enter his property. Following the prior ruling, Petitioner provided Respondent notice in April 2019 that he expected it to start maintaining his property in January 2020. At the time of the hearing, Petitioner acknowledged that Respondent did not have his permission to enter his property and would not be allowed to start providing maintenance until January 2020. Given Petitioner’s admission that Respondent was not allowed to enter his property at the time he filed the instant petition, Petitioner’s allegation that Respondent was in violation of the governing documents was not ripe for determination by this tribunal. Accordingly, IT IS ORDERED that Petitioner’s petition is dismissed.

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, November 14, 2019.

/s/ Tammy L. Eigenheer Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile November 14, 2019, to:

Judy Lowe, Commissioner Arizona Department of Real Estate 100 N. 15th Avenue, Suite 201 Phoenix, Arizona 85007

Nicole Payne CARPENTER, HAZLEWOOD, DELGADO & BOLEN LLP 1400 E. Southern Ave., Suite 400 Tempe, Arizona 85282

Michael J. Stoltenberg 11777 E Calle Gaud Yuma, AZ 85367

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