Minute Entry - FYI Advisement to Parties

25F-H056-REL · Department of Real Estate - H/C · 2025-10-17

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

R.L. Whitmer,

PETITIONER,

Hilton Casitas Council of Homeowners,

RESPONDENT.

No. 25F-H056-REL

Minute Entry

The undersigned Administrative Law Judge, having reviewed the documents Motion for Clarification and Expedited Ruling Concerning Previously Filed Motion, as filed by Respondent on October 08, 2025, and October 17, 2025, respectively, makes the following minute entry:

Petitioner’s Amended Dispute Process Petition has been dismissed by the Office of Administrative Hearings, effective October 08, 2025.

The purpose of the scheduled continued hearing on November 03, 2025, at 1:00 p.m. is to address Petitioner’s originally filed HOA Dispute Process Petition, submitted to the Arizona Department of Real Estate on April 09, 2025. The single issue to be adjudicated is whether Respondent violated Ariz. Rev. Stat. § 33-1248 and/or Art. 23, sec. 23.9 of the Association’s Declaration based on alleged conduct occurring on or about April 07, 2025. Notably, because Petitioner’s action stems from the same transaction or occurrence, Petitioner may present evidence to establish alleged violations of subsections of Ariz. Rev. Stat. §§ 33-1248(A), 33-1248(E)(1), and/or 33-1248(E)(4).

Done this day, October 20, 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., Suite 201

Phoenix, AZ 85007

[email redacted]

R.L. Whitmer, Petitioner

6333 N. Scottsdale Rd. Casita 21

Scottsdale, AZ 85250

[email redacted]

Hilton Casitas Council of Homeowners, Respondent

c/o Emily Mann, Esq.

Phillips Maceyko & Battock, PLLC, Counsel for Respondent

11445 E. Via Linda Ste. 2-268

Scottsdale, AZ 85259

[email redacted]

By: OAH Staff