Anthony & Karen Negrete, Petitioner, v. Sundance Ranch Homeowners Association, Respondent. - 21F-H21

Описание: This administrative hearing, held on November 2, 2020, before Administrative Law Judge Kay A. Abramsohn, addressed a dispute between homeowners Anthony & Karen Negrete (Petitioners) and Sundance Ranch Homeowners Association (Sundance or Respondent).

Key Facts and Procedural Background:
Petitioners, long-time residents of Sundance, removed an existing shed (approved in 2005) due to deterioration from rodents and bees, and constructed a replacement shed in a new location on their property, intending to build a pool where the old shed stood. Petitioners did not initially seek approval for the replacement or the new location, believing it was unnecessary since a shed had been previously approved.

Sundance issued violation notices in March and April 2020, asserting the new shed was built without approval from the Architectural Committee. After applying for retroactive approval in June 2020, Sundance denied the application in July 2020, stating the new shed violated Design Guidelines regarding height, materials, and placement against a shared wall, and arguing the original approved shed could not be moved.

Main Issues and Arguments:
Petitioners filed a petition alleging Sundance violated Arizona Revised Statutes (A.R.S.) §§ 33-1803 and 33-1817(B)(2)(b). The specific issue Petitioners raised at the hearing was that they were not given the opportunity to participate in a design approval meeting pursuant to A.R.S. § 33-1817(B)(2)(b). Sundance denied the allegations and moved to dismiss the Petition.

The Design Guidelines require prior written approval from the Design Review Committee for any improvement, alteration, or change in the exterior appearance of structures. A.R.S. § 33-1803 governs the HOA's authority regarding enforcement and fines.

Legal Points and Outcome:
Petitioners had the burden of proving a violation by a preponderance of the evidence. The crucial legal point centered on the applicability of A.R.S. § 33-1817(B)(2)(b), which mandates that the association must hold a final design approval meeting allowing the member to attend.

The Administrative Law Judge (ALJ) concluded that A.R.S. § 33-1817(B)(2)(b) applies only to the "new construction of the main residential structure on a lot or for rebuilds of the main residential structure on a lot". Since the dispute involved a replacement shed—not the main residential structure—this statutory mandate for a meeting did not apply.

The ALJ concluded that Petitioners failed to establish a violation by Sundance of either A.R.S. § 33-1803 or A.R.S. § 33-1817(B)(2)(b). Consequently, the Respondent’s Motion to Dismiss was granted, and Petitioners’ Petition was dismissed. Petitioners were ordered to bear their $500.00 filing fee.

Case Details:
Case ID: 21F-H2120012-REL
Docket: 21F-H2120012-REL

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