Case Summary
| Case ID | 22F-H2221014-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-12-30 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | James Iannuzo | Counsel | — |
|---|---|---|---|
| Respondent | Moonrise at Starr Pass Community Association | Counsel | Jason E. Smith |
Alleged Violations
ARIZ. REV. STAT. section 33-1243(H)(4)
Outcome Summary
The Petitioner prevailed by showing the Association violated ARIZ. REV. STAT. section 33-1243. The Association was ordered to refund the $500.00 filing fee. Petitioner's requests for voiding election results, assessing a civil penalty, and appointing an administrator were denied.
Key Issues & Findings
Violation of statutory procedure for board member removal concerning ballot tabulation after deadline.
The Association violated the statute by tabulating ballots for a recall election at the August 19, 2021 meeting, as those ballots were only valid for the canceled June 30, 2021 special meeting.
Orders: Respondent must pay the Petitioner his filing fee of $500.00 within thirty days of the Order. Other requested remedies (voiding results, assessing civil penalty, appointing administrator) were denied.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. § 33-1243
- ARIZ. REV. STAT. § 33-1243(H)(4)
- ARIZ. REV. STAT. § 33-1250(C)(3)
Analytics Highlights
- ARIZ. REV. STAT. § 33-1243
- ARIZ. REV. STAT. § 33-1250
- ARIZ. REV. STAT. § 32-2199.02
- ARIZ. REV. STAT. § 32-2199.01
- ARIZ. ADMIN. CODE § R2-19-119
- Whitmer v. Hilton Casitas Homeowners Ass'n
- Gutierrez v. Industrial Commission of Arizona
- State v. McFall