Minute Entry - FYI Advisement to Parties

25F-H024-REL · Department of Real Estate - H/C · 2025-03-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sam Assad,

Petitioner,

vs.

Santuario Homeowners Association,

Respondent.

No. 25F-H024-REL

Minute Entry

The undersigned Administrative Law Judge, having reviewed the document Amended Petition as filed by Petitioner on March 11, 2025, as well as Respondent’s response thereto received March 12, 2025, and Petitioner’s reply to Respondent’s response received March 12, 2025, makes the following minute entry:

Petitioner’s Amended Petition is accepted in part, and rejected in part.

IT IS ORDERED that the sole issue for hearing shall be to determine whether Respondent failed to enforce its governing documents regarding the construction, approval, and ongoing use of a sports court with lighting located at 7279 E. La Junta Road, and if so, whether Respondent’s conduct is in violation of Bylaw 12(f).

IT IS FURTHER ORDERED that all eight (8) of Petitioner’s “examples” of Respondent’s alleged breach(es) are stricken as rejected.

IT IS FURTHER ORDERED that Petitioner’s amended remedies 2.1-2.4 are rejected. Should Petitioner prevail, the only allowable remedy is an Order for the Association to abide by the section(s) of the planned community document(s) specified; specifically, Bylaw 12(f).

Done this day, March 13, 2025.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Susan Nicolson, Commissioner

Arizona Department of Real Estate

100 N. 15th Ave., Ste. 201

Phoenix, AZ 85007

[email redacted]

Sam Assad, Petitioner

7303 E. La Junta Rd.

Scottsdale, AZ 85255

[email redacted]

Santuario Homeowners Association, Respondent

c/o Halk, Oetinger & Brown, Counsel for Respondent

373 S. Main Ave.

Tucson, AZ 85701

[email redacted]

By: OAH Staff