Скачать или смотреть David and Brenda Norman, Petitioners, vs. Rancho Del Lago Community Association, Respondent - 19F-H1

This summary details the Administrative Law Judge (ALJ) Decision regarding the petition filed by David and Brenda Norman against the Rancho Del Lago Community Association.

Key Facts and Proceedings

The hearing was held on May 8, 2019, before the Office of Administrative Hearings (OAH), following a referral from the Arizona Department of Real Estate.

Petitioners (David and Brenda Norman, homeowners) filed a petition alleging the Respondent (Rancho Del Lago Community Association, HOA) violated the Covenants, Conditions, and Restrictions (CC&Rs) by approving a block wall built by their next-door neighbors, the Hendersons.

Relief Requested: Petitioners demanded that the Respondent either require the Hendersons to allow the Normans to connect to the wall or require the Hendersons to tear the wall down, arguing the wall violated the "closely parallel walls" provision of the Common Project Guidelines (§ 3.11(D)(1)).

Background of the Dispute:
In March 2017, the Hendersons initially sought approval for a "Party Wall" extension on the property line, which required Mrs. Norman’s consent. This project was never built.
In May 2017, the Hendersons received approval for a wall built 6 inches inside their property line. Because this wall was not on the property line, it was not considered a party wall, and neighboring consent was not required. This wall was subsequently built.
Petitioners later received approval (October 2017) to build a wall 3 feet away from the Henderson wall, indicating that 3 feet was not considered "closely parallel". However, Petitioners never built that wall, unwilling to "give up the 3’ of property".
Petitioners' subsequent request (March 2019) to build a wall directly on the property line lacked the Hendersons' necessary consent, as required for a party wall.

The Petitioners contended that the HOA should compel the Hendersons to tear down the portion of their wall that appeared to be less than 6 inches from the property line.

Key Legal Points and Arguments

The core legal issue addressed by the ALJ was the Department's jurisdiction.
Party Walls vs. Interior Walls: CC&Rs mandate that walls built on the property line (Party Walls) require joint maintenance responsibility and the consent of the adjoining owner. The wall built by the Hendersons was approved 6 inches inside the line precisely because it was not a party wall and therefore did not require Petitioners' consent.
Lack of Jurisdiction over Neighbor Disputes: The ALJ noted that Petitioners were essentially demanding the Respondent mediate or resolve a dispute between neighbors. Crucially, A.R.S. § 32-2199.01(A)(1) dictates that the Department "does not have jurisdiction to hear [a]ny dispute among or between owners to which the association is not a party". The dispute was deemed primarily a conflict between the Petitioners and the Hendersons.
Burden of Proof: Petitioners bore the burden of proving, by a preponderance of the evidence, that the Respondent violated the Common Project Guidelines.

Outcome and Final Decision

The Administrative Law Judge determined that the dispute was between the adjacent homeowners (Petitioners and Hendersons).

The petition was dismissed. The dismissal was based on the finding that the Department, and thus the OAH, lacked jurisdiction to hear the matter under state statute. The ALJ further noted that even if jurisdiction existed, Petitioners failed to establish that the relevant guideline (§ 3.11(D)(1)) required or authorized the HOA to grant the relief requested. The ALJ characterized the situation as an "archetypical spite fence" dispute between uncooperative neighbors.

Case Details:
Case ID: 19F-H1919051-REL
Docket: 19F-H1919051-REL

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