Vacate

22F-H2222037-REL · Department of Real Estate - H/C · 2022-07-22

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of:

Ben Golpa,

Petitioner,

v.

The Vintage Homeowners Association,

Respondent

No. 22F-H2222037-REL

ORDER VACATING

HEARING

The hearing of this matter was scheduled to convene on June 27, 2022, at 9:00 a.m. On the date and time set for hearing, Petitioner Ben Golpa appeared on his own behalf. Quinten Cupps, Esq. represented Respondent The Vintage Homeowners Association. During the course of the hearing, the parties participated in settlement negotiations, outside of the presence of the Administrative Law Judge. As a result of those negotiations, the parties reached a resolution, however, Petitioner requested that the resolution be a signed agreement between the parties. In order to allow the parties an opportunity to set forth their agreement in writing, the hearing was adjourned and reset for a written Status Update.

The hearing was continued and set for a Status Update on July 6, 2022. The parties submitted their respective Status Updates, and notified the Tribunal that they were unable to finalize an agreement.

The Administrative Law Judge set a telephonic conference for July 14, 2022, at 2:30 p.m., to discuss the status of the matter with the parties. Mr. Golpa appeared on his own behalf. Cole Cummins, Esq. represented Respondent.

During the telephonic conference, the parties discussed the time frame within which the agreed upon work would be performed. Mr. Cummins needed additional time to consult with Respondent regarding the time frame discussed, and the parties agreed to submit a second Status Update to the Tribunal no later than July 26, 2022.

On July 19, 2022, Respondent submitted a Notice with Status Update which set forth the following in pertinent part:

. . . Respondent further represents that the Association’s Board of Directors have agreed to stipulate that the repairs to the Property, as set forth in the Petitioner’s inspection report, will be addressed during Zone 1 of the Association’s maintenance project, and that such repairs will be made by the end of this year.

On July 22, 2022 Petitioner filed correspondence with the Office of Administrative Hearings that states the following in pertinent part: “. . . since the Respondent has stipulated in their notice that they will fulfill their obligation to the purchased property by the end of the year, the Petitioner agrees that the case can be dismissed.”

Based on the agreement of the parties,

IT IS HEREBY ORDERED that the hearing in this matter is vacated from the calendar of the Office of Administrative Hearings.

IT IS FURTHER ORDERED that the Petition in the above-captioned matter is dismissed.

Done this day, July 22, 2022.

/s/ Sondra J. Vanella

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile July 22, 2022 to:

Louis Dettorre, Commissioner

Arizona Department of Real Estate

100 N. 15th Avenue, Suite 201

Phoenix, Arizona 85007

Attn:

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Ben Golpa

4226 East Friess Dr.

Phoenix, AZ 85032

[email redacted]

Cole Cummins, Esq.

Quinten T. Cupps, Esq.

Vial Fotheringham, LLP

2266 S. Dobson Rd. #100

Mesa, AZ 85202

[email redacted]

By c. serrano