Case Summary
| Case ID | 21F-H2121051-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-01-03 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Clifford (Norm) Burnes | Counsel | — |
|---|---|---|---|
| Respondent | Saguaro Crest Homeowners Association, Inc. | Counsel | John Crotty, Esq. |
Alleged Violations
ARIZ. REV STAT. section 33-1804
Outcome Summary
The Administrative Law Judge Decision dismissed the petition, concluding that the Respondent HOA, Saguaro Crest, did not violate the open meeting law (A.R.S. § 33-1804) because the action taken via unanimous written consent was legally considered action without a meeting under A.R.S. § 10-3821.
Why this result: Petitioner failed to prove that a 'meeting' occurred on May 3, 2020. The Board actions were validly taken without a meeting pursuant to A.R.S. § 10-3821, which supersedes the open meeting requirements of A.R.S. § 33-1804 when action is taken by unanimous written consent.
Key Issues & Findings
Violation of the open meeting law by taking two actions via unanimous written consent.
Petitioner alleged that the Respondent's Board of Directors violated A.R.S. § 33-1804 on May 3, 2020, by taking two actions using unanimous written consent of the Board members, arguing this was equivalent to an informal meeting. Respondent asserted that taking action by unanimous consent, as allowed by A.R.S. § 10-3821, means no meeting actually occurred and therefore 33-1804 did not apply.
Orders: Petitioner's petition is dismissed. Respondent is deemed the prevailing party.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV STAT. section 33-1804
- ARIZ. REV STAT. section 10-3821
- ARIZ. REV STAT. section 10-3701(F)
- ARIZ. REV STAT. section 32-2199.02(A)
- Deer Valley, v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)
- City of Phoenix v. Orbitz Worldwide, Inc. 247 Ariz. 234 (2019)
Analytics Highlights
- ARIZ. REV STAT. section 33-1804
- ARIZ. REV STAT. section 10-3821
- ARIZ. REV STAT. section 32-2199
- ARIZ. REV STAT. section 32-2199.02
- ARIZ. REV STAT. section 41-1092.08
- ARIZ. REV STAT. section 10-3071
- ARIZ. REV STAT. section 10-3701
- ARIZ. ADMIN. CODE § R2-19-116(H)
- ARIZ. ADMIN. CODE § R2-19-119
- Deer Valley, v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)
- City of Phoenix v. Orbitz Worldwide, Inc. 247 Ariz. 234 (2019)