ALJDEC decisions subject to certification as final

22F-H2221017-REL · Department of Real Estate - H/C · 2022-02-18

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Anthony T Horn,

Petitioner,

vs.

Sun Lakes Homeowners Association #1, Inc.,

Respondent.

No. 22F-H2221017-REL

ADMINISTRATIVE LAW JUDGE

DECISION

This matter was set for hearing on February 24, 2022. Petitioner Anthony T. Horn filed a petition with the Arizona Department of Real Estate alleging that Respondent Sun Lakes Homeowners Association #1, Inc. had violated Arizona Revised Statutes (A.R.S.) 33-1804(F).

On January 24, 2022, Respondent filed a motion for summary judgment and a motion to dismiss. Respondent contended that there was no genuine dispute as to material facts. Furthermore, Respondent contended even if Respondent had violated A.R.S. 33-1804(F), the violation has since been cured.

On February 11, 2022, Respondent filed a motion for summary disposition requesting that the tribunal grant the motion for summary judgment as a matter of law and vacate the hearing pursuant to Ariz. R. Civ. P. 7.1(b), A.A.C. R2-19-107 and A.A.C. R2-19-108.

Having received no response from Petitioner to the motion for summary judgment, the motion to dismiss, and the motion for summary disposition, the Administrative Law Judge concludes that the motions should be granted pursuant to Ariz. R. Civ. P. 7.1(b) and Rule A.A.C. R2-19-106(D), A.A.C. R2-19-107 and A.A.C. R2-19-108, and A.A.C. R2-19-111.

IT IS ORDERED that Respondent’s Motion for Summary Judgment, the Motion to Dismiss, and the Motion for Summary Disposition are granted and Anthony T. Horn’s petition is dismissed.

IT IS FURTHER ORDERED that the hearing scheduled for February 24, 2022 is vacated.

Done this day, February 15, 2022.

NOTICE

Pursuant to Ariz. Rev. Stat. section 32-2199.02(B), this Order is binding on the parties unless a rehearing is granted pursuant to Ariz. Rev. Stat. section 32-2199.04. Pursuant to Ariz. Rev. Stat. section 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.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted electronically by either mail, e-mail to:

Anthony T. Horn

9243 E. Fairway Blvd.

Sun Lakes, AZ 85248

[email redacted]

Chris Johnston, CIC

Senior Account Manager

USI Insurance Services LLC

2375 E. Camelback Rd, Suite 250

Phoenix, AZ 85016

Emily H. Mann, Esq.

Phillips, Maceyko and Battock, PLLC

5010 E. Shea Blvd., Ste. 155

Scottsdale, AZ 85254

[email redacted]

Sun Lakes Homeowners Association #1, Inc.

c/o Chris Johnston

CIC Senior Account Manager

USI Insurance Services, LLC

2375 E. Camelback Rd, Ste. 250

Phoenix, AZ 85016

[email redacted]

Louis Dettorre

Arizona Department of Real Estate

100 N. 15th Avenue, Suite 201

Phoenix, Arizona 85007

Attn:

[email redacted]

-54864001

001

-137160-45720000