HOA - ALJDEC decisions

24F-H034-REL · Department of Real Estate - H/C · 2024-05-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

R.L. Whitmer

Petitioner,

vs.

Hilton Casitas Council of Homeowners, an Arizona nonprofit corporation,

Respondent.

No. 24F-H034-REL

ADMINISTRATIVE LAW JUDGE

DECISION

This matter was brought before this Tribunal upon Petitioner R.L. Whitmer’s (Petitioner) Motion for Summary Judgment. In Respondent Hilton Casitas Council of Homeowners’ (Respondent) Response to Petitioner’s Motion for Summary Judgement, Respondent raised a defense of Statute of Limitations. In Respondent’s oral argument, Respondent made a motion to dismiss on the basis of Statute of Limitations.

In his Petition, Petitioner alleges that Respondent breached Section 23.9 of the CC&Rs on August 19, 2016, when the Board voted to adopt the Rules and Regulations. The Respondent’s governing documents, which include the CC&Rs, Bylaws and Rules and Regulations, constitute contracts under Arizona law. The statute of limitations for a breach of contract matter is six years.

Under Arizona law, Petitioner was required to assert his breach of contract claim against Respondent on or before August 19, 2022. Petitioner failed to assert such a claim within the requisite six-year period. As a result, Petitioner is now barred by the statute of limitations from asserting this claim against Respondent.

Accordingly, it is ORDERED AND ADJUDGED DENYING Petitioner’s Motion for Summary Judgement.

IT IS FURTHER ORDERED AND ADJUDGED GRANTING Respondent’s Motion to Dismiss. Petitioner’s Complaint is hereby 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.

-54864001

001

-137160-45720000Done this day, May 30, 2024.

/s/ Amy M. Haley

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile May 30, 2024 to:

Susan Nicolson

Commissioner

Arizona Department of Real Estate

100 N. 15th Avenue, Suite 201

Phoenix, Arizona 85007

Attn:

[email redacted]

Emily H. Mann

Phillips, Maceyko & Battock, PLLC

5010 E Shea Blvd, Ste 155

Scottsdale, AZ 85254

[email redacted]

R.L. Whitmer

6333 N. Scottsdale Road

Casita 21

Scottsdale, AZ 85250

[email redacted]

By: OAH Staff