Case Summary
| Case ID | 25F-H041-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-06-05 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Jeremy R. Whittaker | Counsel | — |
|---|---|---|---|
| Respondent | The Val Vista Lakes Community Association | Counsel | Josh Bolen, Esq. |
Alleged Violations
Article IV, Section 3 of the Bylaws
Outcome Summary
Petitioner was deemed the prevailing party as Respondent admitted violating Article IV, Section 3 of the Bylaws. Respondent was ordered to refund the $500 filing fee and comply with the Bylaws. However, the request for a civil penalty was denied because Petitioner failed to meet their burden of proof.
Why this result: Petitioner failed to meet its burden to establish that a civil penalty should be imposed.
Key Issues & Findings
Failure to require Board Candidate disclosure of familial ties and conflicts of interest.
Respondent admitted that the 2023 Board Candidate Application form failed to comply with Article IV, Section 3 of the Bylaws by not requiring disclosure of familial ties, business, or conflicts of interest, as required for Board candidates.
Orders: Respondent ordered to pay Petitioner $500.00 (filing fee refund) within thirty days and directed to comply with Article IV, Section 3 of the Bylaws. Civil penalty denied.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 32-2199.01
- Article IV, Section 3 of the Bylaws