William P. Lee v, Greenlaw Townhouses Unit Two - 19F-H1918019-REL-RHG скачать в хорошем качестве

William P. Lee v, Greenlaw Townhouses Unit Two - 19F-H1918019-REL-RHG

This is a summary of the administrative hearing decision in the case of William P. Lee v. Greenlaw Townhouses Unit Two. The hearing, a rehearing of the matter, was held on April 1, 2019, at the Office of Administrative Hearings. The Arizona Department of Real Estate has jurisdiction over petitions filed by homeowners' association members regarding violations of planned community documents. Key Facts and Main Issue Petitioner William P. Lee, an owner in Greenlaw Unit Two, filed a petition alleging that the Respondent, Greenlaw Townhouses Unit Two Homeowners Association ("Greenlaw"), violated Amendments 1, 2, and 3 of its Covenants, Conditions, and Restrictions (CC&Rs) and its Rules and Regulations. The central issue was Greenlaw's decision to ban all parking on Greenlaw streets and to contract with a towing company to boot vehicles parked in violation. Greenlaw maintained that the streets are owned and maintained solely by the HOA and are considered "Private Fire Access Lanes" under city code. Key Arguments Petitioner Lee's Argument: Lee contended that the 2018 revised Rules and Regulations—which implemented the parking ban—were invalid. Lee asserted Greenlaw failed to provide proper notice of the revisions, arguing the Bylaws required notice to be sent personally or by postal mail, not by the electronic mail (e-mail) used on July 6, 2018. Lee also claimed Greenlaw violated A.R.S. §§ 33-1803 and 1809. Respondent Greenlaw's Argument: Greenlaw contended that the Rules and Regulations revised effective July 2018 were controlling. Greenlaw argued that the Bylaws' notice requirements (Section 1 Article V) apply only to notices required by statute or the CC&Rs, and that Greenlaw was not required under law or the CC&Rs to provide notice of amendments to the Rules and Regulations. Greenlaw further maintained that the revised rules explicitly allow the association to ban all parking and use contracted companies to boot or tow cars. Legal Findings and Outcome Lee bore the burden of proof to establish the alleged violations by a preponderance of the evidence. Controlling Documents: The Administrative Law Judge (ALJ) found that the Rules and Regulations revised effective July 2018 are the controlling Rules and Regulations of Greenlaw. The preponderance of the evidence showed that these rules allow the association to ban all parking on association streets and enforce the rule by towing or booting. Violation of CC&Rs: Lee failed to establish that the parking ban violated Amendments 1, 2, and 3 of the CC&Rs. These amendments provided specific, limited scenarios for parking prohibitions (e.g., fire lanes, snow removal, abandoned vehicles). Violation of Rules and Statutes: Lee failed to establish that Greenlaw violated its current Rules and Regulations or A.R.S. §§ 33-1803 and 1809. Furthermore, Lee provided no evidence that Greenlaw actually booted or towed any vehicles belonging to Greenlaw members. Final Decision The Administrative Law Judge denied the Petitioner’s petition. The administrative law judge order is binding on the parties. Case Details: Case ID: 19F-H1918019-REL Docket: 19F-H1918019-REL-RHG For more AZ HOA transparency resources visit https://yourazhoaattorney.com Legal & Accuracy Notice - yourazhoaattorney.com is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public ADRE/OAH records and may express opinions. Not affiliated with ADRE or the OAH. Read the full Legal & Terms: https://yourazhoaattorney.com/legal