Case Summary
| Case ID | 21F-H2120001-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-03-17 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Debra K. Morin | Counsel | — |
|---|---|---|---|
| Respondent | Solera Chandler Homeowners' Association, Inc. | Counsel | Lydia A. Peirce Linsmeier |
Alleged Violations
A.R.S. § 33-1804
A.R.S. § 33-1804
Outcome Summary
Petitioner's petition was affirmed in part and denied in part. Petitioner prevailed on Complaint #1 (improper use of email/unanimous written consent for non-privileged business), but lost on Complaint #2 (alleged improper emergency executive session). Respondent was ordered to comply with A.R.S. § 33-1804 and reimburse the $500 filing fee.
Why this result: Petitioner failed to prove the violation related to the emergency executive session (Complaint #2).
Key Issues & Findings
Non-privileged Association Business Conducted in Closed Session (Complaint #1)
The HOA used unanimous written consents obtained via individual emails from board members to approve association business (such as approving repairs, replacement of equipment, and pruning) outside of open meetings, violating the requirement that all meetings of the board of directors must be open to members.
Orders: Respondent ordered to reimburse the $500.00 filing fee and comply with A.R.S. § 33-1804 going forward. No civil penalty assessed due to the COVID-19 pandemic circumstances.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1804
- A.R.S. § 10-3821
Association Business Conducted in an Emergency Executive Session (Complaint #2)
Petitioner alleged misuse of emergency executive sessions. Respondent represented that the sessions only addressed issues under statutory exceptions. Petitioner failed to establish by a preponderance of the evidence that this violation occurred.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1804
Analytics Highlights
- A.R.S. § 33-1804
- A.R.S. § 10-3821
- A.R.S. § 32-2199 et seq.