ALJDEC decisions subject to certification as final
21F-H2120019-REL · Department of Real Estate - H/C · 2021-02-10
IN THE OFFICE OF ADMINISTRATIVE HEARINGS
The Sun Groves Homeowners Association,
Petitioner,
vs.
David L & Makenzie Lockhart,
Respondents.
No. 21F-H2120019-REL
ADMINISTRATIVE LAW JUDGE DECISION
HEARING: February 9, 2021
APPEARANCES: Petitioner was represented by Robert H. Willis, Esq. who appeared via Google Meet. Respondents David L. and Stephanie J. Lockhart were present via Google Meet with their attorney, Andrew Ellis, Esq.
ADMINISTRATIVE LAW JUDGE: Adam D. Stone
_____________________________________________________________________
FINDINGS OF FACT
1. The Arizona Department of Real Estate (“Department”) is authorized by statute to receive and to decide Petitions for Hearing from members of homeowners’ associations and from homeowners’ associations in Arizona.
2. Petitioner Sun Groves Homeowners Association (“SGHA”) is a homeowners’ association whose members own single-family houses on lots in Phoenix, Arizona.
3. Respondents David and Stephanie Lockhart own a house in and are members of SGHA.
4. On September, 2020, Petitioner filed a complaint with the Arizona Department of Real Estate (“ADRE”). Petitioner alleged that Respondent was in violation of Article 10.11.1 of the SGHA CC&R’s.
5. A hearing was held on February 9, 2021.
6. Article 10.11.1 states as follows:
No private passenger automobiles or pickup trucks shall be parked upon the Property or any roadway adjacent thereto except within a garage, in a private driveway appurtenant to a Dwelling Unit, or within areas designated for such purpose by the Board.
7. At the hearing the Respondents stipulated that they were in violation of Article 10.11.1 of the SGHA CC&R’s.
8. Respondents further stipulated that SGHA is the prevailing party and agreed to pay SGHA’s filing fees of $500.00 in this matter.
CONCLUSIONS OF LAW
1. A.R.S. § 32-2199(B) permits an owner or a planned community organization to file a petition with the Department for a hearing concerning violations of planned community documents under the authority Title 33, Chapter 16. Such petitions will be heard before the Office of Administrative Hearings, an independent state agency.
2. Pursuant to the stipulation of the parties, the tribunal finds that Respondents violated Article 10.11.1 of the SGHA CC&R’s.
order
IT IS ORDERED that Petitioners’ petition is granted.
IT IS FURTHER ORDERED assessing the cost of Petitioner’s filing fees in the amount of $500.00.
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, February 10, 2021.
/s/ Adam D. Stone
Administrative Law Judge
Transmitted electronically to:
Judy Lowe, Commissioner
Arizona Department of Real Estate
Andrew Ellis
PO Box 16272
Phoenix, AZ 85011
[email redacted]
Robert H. Willis
Burdman Willis, PLLC
5156 W. Olive Avenue Ste. 458
Glendale, Arizoan 85302
[email redacted]
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