PDF copy: ORDER

24F-H054-REL · Department of Real Estate - H/C · 2024-08-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Lisa Marx, No. 24F-H054-REL Petitioner, ORDER v. Tara Condominium Association, Respondent.

PETITION On or about May 29, 2024, Petitioner filed an HOA Dispute Process Petition (Petition) with the Arizona Department of Real Estate indicating that she had two issues with Tara Condominium Association (Tara). With that filing, Petitioner paid the total fee of $1,000.00 for two issues ($500.00 per issue).1 With the filing of a Petition that proceeds to hearing, in addition to possible orders for a respondent to abide by the statute and association documents, petitioners are entitled to request the Tribunal order a respondent to reimburse to the petitioner the filing fee in the event the petitioner prevails. In the instant “two-issue” Petition, Petitioner alleged that Tara was in violation of the following: A.R.S. 33-1258(A); A.R.S. Section 33-1248 (A), (D), (E), and (F); and, Tara CC&Rs Section 9(E). In the Petition, however, Petitioner set forth, as to A.R.S. 33-1258(A), five instances on multiple dates of the alleged denials or partial denials of allowing review, or provision, of requested documents. Additionally, Petitioner set forth, as to A.R.S. Section 33-1248(A), (D), (E), and (F), and Tara CC&Rs Secton 9(e), thirteen instances on eleven different dates of alleged and various violations of A.R.S. Section 33-1248(A), (D), (E), and (F), lumping them together under the stated A.R.S. Section 33-1248 subsections. On or about June 29, 2024, Tara filed a Response to the Petition, summarily denying all of the allegations. MOTIONS TO TRIBUNAL

See A.R.S. Section 32-2199.01. Office of Administrative Hearings 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 (602) 542-9826 On August 8, 2024, Tara filed an Amended Response to Petitioner’s Petition. In that Amended Response, Tara admitted to the alleged violations of A.R.S. Section 33-1248(A), (D), (E), and (F) on February 1, 2024.2 Additionally, Tara admitted to the alleged violations of A.R.S. Section 33-1258(A) on February 22, 2024, March 26, 2024, and April 4, 2024.3 Finally, Tara stipulated to make a $1,000.00 payment to Petitioner reimbursing her for her filing fees and requested that the Tribunal vacate the scheduled August 29, 2024 hearing. On August 8, 2024, Petitioner filed a Reply to Respondent’s motion and requested that the Tribunal not vacate the hearing. Petitioner argued that the “numerous” issues in her two complaints required “a ruling that is binding and definite” to “hopefully prevent further violations.” Petitioner argued that the Amended Response was “only a partial acceptance of the violations.” DISCUSSION Based on review of the Petition, if the matter proceeds to hearing, Petitioner will be required to narrow her Petition. Petitioner has paid for a two-issue Petition but has listed many more issues. The alleged violations of A.R.S. 33-1258(A) are easily categorized as one allegation of “records” violation and thus, would be treated at hearing as one issue. However, the thirteen alleged violations of A.R.S. Section 33- 1248(A), (D), (E), and (F) and CC&RS Section 9 cannot be categorized as one issue; Petitioner has listed multiple instances of various actions over five or six different dates. RULING Based on review of the Petition and Motions, IT IS ORDERED that Petitioner must select the “one” other issue, as to an alleged violation of A.R.S. Section 33-1248(A), (D), (E), and (F) and CC&RS Section 9 that would proceed to administrative hearing.4 IT IS ORDERED that Petitioner must select the “one” other issue no later than August 23, 2024 by close of business.

That date is one of the eleven instances on which Petitioner alleged violations. 3 Those dates are three of the five instances on which Petitioner alleged violations. This ORDER is being provided at this time so that Petitioner would not be surprised by the requirement to do so at the time of the administrative hearing. IT IS FURTHER ORDERED that, in conjunction with the requirement that Petitioner select the “one” other issue, alternatively, Petitioner may choose to accept Tara’s admissions of violations and its offer to reimburse her filing fees no later than August 23, 2024. In the event that Petitioner chooses to accept Tara’s admissions of violations and its offer (Offer) to reimburse her filing fees, Petitioner must so notify the Tribunal and Tara and withdraw the request for hearing no later than August 23, 2024. ORDERED this day, August 16, 2024.

/s/ Kay A. Abramsohn Administrative Law Judge

Transmitted electronically to:

Susan Nicolson, Commissioner Arizona Department of Real Estate Attn: [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] [email redacted] [email redacted]

Liza Marx [email redacted]

Travis Law Firm PLC Tara Condominium Association Inc Chandler W. Travis, Esq. [email redacted] [email redacted]

By: OAH Staff