Case Summary
| Case ID | 21F-H2121059-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-09-08 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | partial |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Jeffrey D Points | Counsel | — |
|---|---|---|---|
| Respondent | Olive 66 Condominium Association | Counsel | MacKenzie Hill |
Alleged Violations
A.R.S. § 33-1258
A.R.S. § 33-1248
Outcome Summary
The Petitioner’s petition was affirmed in part (violation of A.R.S. § 33-1258 regarding documents) and denied in part (no violation of A.R.S. § 33-1248 regarding open meetings). Respondent was ordered to reimburse $500.00 of the filing fee and comply with A.R.S. § 33-1258.
Why this result: Petitioner failed to prove the violation of A.R.S. § 33-1248 because evidence of improper notice was lacking and the topic discussed in executive session was likely covered by a statutory exemption.
Key Issues & Findings
Access to Association Records
Respondent violated A.R.S. § 33-1258 by failing to provide certain requested 2021 invoices that were in existence at the time of the request within the statutory 10-day period.
Orders: Respondent must comply with A.R.S. § 33-1258 going forward. Petitioner reimbursed $500.00 filing fee.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1258
- A.R.S. § 33-1805
Open Board Meetings
Petitioner failed to establish a violation of A.R.S. § 33-1248 regarding the March 25, 2021, board meeting, as the issue regarding notice was not established and the topic discussed (Landscaping Bid Review) likely fell under a statutory exemption.
Orders: Petitioner failed to establish the alleged violation of A.R.S. § 33-1248.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1248
- A.R.S. § 33-1804
Analytics Highlights
- A.R.S. § 33-1248
- A.R.S. § 33-1258
- A.R.S. § 33-1804
- A.R.S. § 33-1805
- A.R.S. § 32-2199 et seq.
- A.A.C. R2-19-119