25F-H013-REL

Case ID 25F-H013-REL involved a dispute between Petitioner VINMAR LLC, represented by Jonathan Blangiardo, and Respondent Third Avenue Lofts Unit Owner Association [1-3]. The core conflict centered on whether the Association's imposition of move-in and move-out fees was legally permissible and whether these fees violated Arizona Revised Statutes (A.R.S.) § 33-1260.01 or the community's Conditions, Covenants, and Restrictions (CC&Rs) [3-6]. Although the Petitioner initially attempted to introduce multiple grievances—including amenity restrictions and suspended voting rights—the tribunal restricted the hearing to the single factual issue of the move-in and move-out fees [5-7]. The Petitioner argued that the Association's uniform $150 move-in and $150 move-out fees were exploitative and effectively functioned as illegal "rental fees" designed to target rental unit owners [7-9]. Because his rental unit was pre-furnished, his tenants did not move large furniture or use the service elevators, leading him to argue that the flat fees were unreasonable and disproportionately impacted low-impact renters [7, 10]. Conversely, the Association maintained that the fees were applied equally to all residents, whether owners or renters, to cover administrative burdens, staff time, and the use of common elements [9, 11]. During the course of the dispute, the Association updated its fee structure to better reflect actual usage: a $25 check-in fee, a $25 registration fee, and a $75 fee specifically applied when using the elevator to move furniture [11, 12]. In the final Administrative Law Judge Decision issued on February 25, 2026, the judge delivered a mixed ruling but ultimately deemed the Petitioner the prevailing party regarding the move-out fees [2, 13, 14]. The tribunal found that the Association did not violate A.R.S. § 33-1260.01 [10, 12, 15]. The statute requires equal treatment of owner-occupied and rental units, and the Association legally complied by applying its move-in and move-out fees equally across the board rather than selectively penalizing renters [10, 12, 15]. However, the judge found that the Association did violate its CC&Rs by charging the flat $150 move-out fee [16]. The CC&Rs only authorized the Association to charge fees for the actual use of community "facilities" [17]. The judge concluded it was more likely than not that individuals moving out of pre-furnished units did not use any facilities (such as the elevator) that would justify the $150 charge [16]. The tribunal validated the Association's revised fee structure (the $25 check-in/registration fees and the $75 furniture moving fee), noting it was compliant with community documents [13, 18]. As the final outcome, the Association was ordered to reimburse the Petitioner's $500 filing fee and strictly comply with its CC&Rs moving forward [13]. No civil penalties were assessed [13]. Case Details: - Case ID: 25F-H013-REL - Docket: 25F-H013-REL For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org 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://azhoawatch.org/legal