Case Summary
| Case ID | 22F-H2221017-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-08-22 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Anthony T Horn | Counsel | — |
|---|---|---|---|
| Respondent | Sun Lakes Homeowners Association #1, Inc. | Counsel | Emily H. Mann, Esq. |
Alleged Violations
A.R.S. § 33-1804(F)
Outcome Summary
The Administrative Law Judge dismissed the Petitioner's single-issue petition, finding that the Respondent HOA did not violate A.R.S. § 33-1804(F) regarding the July 6, 2021 board meeting, and alternatively, any potential violation was cured by the proper notice and vote taken at the November 9, 2021 board meeting.
Why this result: The ALJ concluded that the HOA properly notified members of the matter to be discussed at the July 6, 2021 meeting (tennis court upgrade/repair). Furthermore, any potential violation was cured by the explicit notice and second unanimous vote taken at the November 9, 2021 board meeting.
Key Issues & Findings
Open Meetings/Notice/Ability to Speak (July 6, 2021 Board Meeting)
Petitioner alleged the HOA violated ARS 33-1804(F) because the July 6, 2021 agenda item 'Tennis Courts Upgrade & Repair' did not adequately disclose the conversion of one tennis court into four pickleball courts. The ALJ found the initial notice was sufficient, and alternatively, any violation was cured by a subsequent November 9, 2021 meeting with explicit notice and a second vote.
Orders: The Administrative Law Judge concluded that the Respondent did not violate A.R.S. § 33-1804(F) with respect to the July 6, 2021 board meeting. Petitioner's petition was dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- ARS 33-1804(F)
Analytics Highlights
- A.R.S. § 33-1804(F)
- A.R.S. § 32-2199(B)
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 33-1803