ORDER

25F-H119-REL · Department of Real Estate - H/C · 2026-01-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Nathaniel Smith

PETITIONER,

v.

Anthem Country Club Community Association

RESPONDENT.

No. 25F-H119-REL

ORDER

A hearing in the above-entitled matter is scheduled to convene at 1:00 P.M. on February 23, 2026.

Pending before the Office of Administrative Hearings (OAH) is Anthem Country Club Community Association’s Motion to Dismiss. The Association alleges that the OAH does not have jurisdiction to hear the petition. The Association also alleges that

Mr. Smith has raised three issues without paying the correct filing fee. Mr. Smith filed a Response objecting to the Motion.

The petition in this matter asserts three legal issues:

1) Allegations that The Association violated the Association’s Declaration of Covenants, Conditions, and Restrictions, specifically 1) Article X, Section 10.11, Article XI, Section 11.1, Article XI, Section 11.1(d)(ii), Article III, Section 3.3(d), and Article III, Section 3.4(a), when it deactivated Mr. Smith’s transponder and charged a $25 reactivation fee.

2) An allegation that The Association violated Ariz. Rev. Stat. § 33-1803 “Assessment limitation; penalties; notice to member of violation.”, when it deactivated his transponder and charged him a $25 reactivation fee.

3) An allegation that The Association violated Ariz. Rev. Stat. §33-1807, “Common expense liens; priority; mechanics' and materialmen's liens; notice.”, when it deactivated Mr. Smith’s transponder and charged at $25 reactivation fee.

Having reviewed the Motion to Dismiss and the Response,

IT IS ORDERED that Mr. Smith must:

Pay $1,000 to the Arizona Department of Real Estate no later than

February 5, 2026, and provide a receipt to the Office of Administrative Hearings by the dame day, or

Petitioner must notify the tribunal by February 9, 2026 as to whether

Petitioner desires to proceed with issue 1, 2, or 3 at the hearing.

IT IS ORDERED denying the Motion to Dismiss for lack of jurisdiction.

Done this day, January 29, 2026.

/s/ Velva Moses-Thompson

Administrative Law Judge

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

Susan Nicolson

Commissioner

Arizona Department of Real Estate

Attn:

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Nathaniel Smith

[email redacted]

Josh Bolen, Esq.

Morgan Slawson, Esq.

Anthem Country Club Community Association

CHDB Law LLP

[email redacted]

By: OAH Staff