Case Summary
| Case ID | 23F-H015-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-05-18 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | full |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Jill P. Eden-Burns | Counsel | — |
|---|---|---|---|
| Respondent | Tonto Forest Estates Homeowners Association | Counsel | Daniel S. Francom |
Alleged Violations
A.R.S. § 33-1804(A), (C), (E); CC&R 4.32
Outcome Summary
The petition was granted because the Association violated A.R.S. § 33-1804 (Open Meeting Law) by holding an informal quorum discussion prior to a meeting, and violated CC&R 4.32 by improperly charging the homeowner $1750.00 for septic maintenance and repair costs that should have been covered by annual common assessments.
Key Issues & Findings
Violation of Open Meeting Laws and unequal application of CC&R 4.32 regarding septic system costs.
The Board violated open meeting laws by holding an informal quorum discussion about septic policy prior to a formal meeting. Additionally, the Association improperly charged Petitioner $1750.00 for septic maintenance and repair, violating CC&R 4.32, which mandates such costs be included as part of Assessments allocated equally among all Lots.
Orders: Petition granted. Respondent must reimburse the $1,000.00 filing fee and henceforth comply with A.R.S. § 33-33-1804 and CC&R 4.32.
Filing fee: $1,000.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1804(A)
- A.R.S. § 33-1804(C)
- A.R.S. § 33-1804(E)
- CC&R 4.32
Analytics Highlights
- A.R.S. § 32-2102
- A.R.S. § 32-2199 et seq.
- A.R.S. § 33-1804(A)
- A.R.S. § 33-1804(C)
- A.R.S. § 33-1804(E)
- CC&R 4.32
- CC&R 8.1
- CC&R 8.2
- CC&R 11.2
- CC&R 15.1