Case Summary
| Case ID | 20F-H2019032-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-08-11 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | no |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John R Ashley | Counsel | — |
|---|---|---|---|
| Respondent | Rancho Reyes II Community Association, Inc. | Counsel | Wendy Ehrlich, Esq. |
Alleged Violations
Bylaws Article III, Section 4
Outcome Summary
The Petitioner's single-issue petition alleging that the HOA violated Article III, Section 4 of the Bylaws by failing to ensure a quorum of Board members attended membership meetings was dismissed. The ALJ found that the Bylaw provision related to member quorum, not Board quorum, for member meetings, and the Petitioner failed to meet the burden of proof.
Why this result: The Bylaws Article III, Section 4 is unambiguous and does not require a quorum of Board members to be present at a meeting of the members.
Key Issues & Findings
Quorum requirement for member meetings
Petitioner alleged Respondent violated Article III, Section 4 of the Bylaws by failing to have a quorum of Board members present at membership meetings. The ALJ concluded Article III, Section 4 is unambiguous and requires member quorum (1/10th of votes), not Board member quorum, for membership meetings.
Orders: Petitioner John R. Ashley’s petition is dismissed. Respondent deemed to be the prevailing party.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
- ARIZ. ADMIN. CODE § R2-19-119
- McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
- Rowland v. Union Hills Country Club, 157 Ariz. 301, 757 P.2d 105 (1988 App.)
- Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)
Analytics Highlights
- ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
- ARIZ. ADMIN. CODE § R2-19-119
- McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
- Rowland v. Union Hills Country Club, 157 Ariz. 301, 757 P.2d 105 (1988 App.)
- Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)