Minute Entry - FYI Advisement to Parties

25F-H024-REL · Department of Real Estate - H/C · 2025-03-07

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Sam Assad,

Petitioner,

vs.

Santuario Homeowners Association,

Respondent.

No. 25F-H024-REL

ORDER

The undersigned Administrative Law Judge, having reviewed correspondence filed in the above-captioned matter on behalf of Respondent March 06, 2025, that notes the following, in pertinent parts:

While the Petition is being viewed by the OAH as a single issue petition, i.e., whether [Respondent] has properly enforced its governing documents, the attachments to the Petition establish that [Petitioner] seeks the review of at least five separate claims. [Petitioner] asserts that [Respondent] has failed to enforce its governing documents related to: (1) the construction of a sport’s court in the back yard of a neighboring member; (2) unapproved lights in the back yard of a neighboring member; (3) late night activities on a neighbors [sic] property that violate the [Respondent’s] governing documents and the City of Scottsdale’s ordinances; (4) a basketball hoop on a neighbor’s property that is located within the applicable setback area; and (5) that the installed pickle ball court on a neighbor’s property violates the [Respondent’s] governing documents.

(Emphasis added.)

And upon further review of the underlying petition filed by Petitioner with the Arizona Department of Real Estate (“Department”) on or about November 07, 2024, which includes no less than twenty-four (24) attached documents, as well as the Notice of Hearing issued by the Department on January 06, 2025, both of which identify a single issue for hearing; specifically, whether Respondent committed a violation of Bylaw 12(f), which mandates that “To enforce by legal means, if necessary, the provisions of the Declaration, the Articles of Incorporation, the Bylaws and the Rules, and other documents and laws respecting the Association and the Project,” the undersigned also notes that Petitioner tendered a $500.00 payment to the Department for the adjudication of one (1) issue on December 02, 2024.

The Tribunal is in agreement with Respondent that Petitioner is attempting to impermissibly litigate five (5) separate and distinct issues under the guise of alleging a single violation within the Department’s jurisdiction.

In light of the foregoing,

IT IS ORDERED that no later than Friday, March 21, 2025, Petitioner shall amend the underlying petition in this matter to address a single distinct issue, noting specifically that he is barred from combining or otherwise merging multiple issues, and submit it to the Office of Administrative Hearings (“OAH”) and copy Respondent.

IT IS FURTHER ORDERED that in the alternative Petitioner may furnish OAH with sufficient proof no later than Friday, March 21, 2025, that he has tendered additional payment(s) to the Department for the adjudication of each additional issue he intends to litigate against Respondent in the above-captioned matter.

Done this day, March 07, 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]

Charles H. Oldham, Esq.

Ari A. Bowhay, Esq.

CHDB Law LLP, Counsel for Respondent

1400 E. Southern Ave., Ste. 400

Tempe, AZ 85282-5691

[email redacted]

By: OAH Staff