Case Summary
| Case ID | 20F-H2020064-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-03-24 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $2,500.00 |
Parties & Counsel
| Petitioner | Nancy L. Babington | Counsel | — |
|---|---|---|---|
| Respondent | Park Scottsdale II Townhouse Corporation | Counsel | Mark K. Sahl and Scott B. Carpenter |
Alleged Violations
A.R.S. § 33-1258(A)
Outcome Summary
Following a rehearing based on newly discovered evidence, the Administrative Law Judge found that Respondent violated A.R.S. § 33-1258(A) by failing to timely provide records it possessed. Respondent was ordered to reimburse the Petitioner $500.00 for the filing fee and pay a $2,500.00 civil penalty to the Department of Real Estate.
Key Issues & Findings
Failure to make association financial and other records reasonably available for examination/provide copies within ten business days.
Petitioner alleged Respondent violated A.R.S. § 33-1258 by failing to provide requested records (including bank statements and contracts) following a formal request on May 1, 2020. The Administrative Law Judge, in the rehearing, found that the evidence showed Respondent was in possession of bank statements and two signed contracts at the time of the request, contradicting prior testimony, thereby establishing a violation of the statute.
Orders: Respondent was ordered to pay Petitioner $500.00 for the filing fee reimbursement and pay a civil penalty of $2,500.00 to the Department of Real Estate, both payments due within 30 days.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $2,500.00
Disposition: petitioner_win
- A.R.S. § 33-1258
- A.R.S. § 32-2199.02
- A.A.C. R2-19-119
Analytics Highlights
- A.R.S. § 33-1258
- A.R.S. § 32-2199.02
- A.A.C. R2-19-119