Case Summary
| Case ID | 22F-H2221005-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-10-25 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Richard E Jewell | Counsel | — |
|---|---|---|---|
| Respondent | Casa Fiesta Townhouses Corp. | Counsel | Nicole Payne and Carlotta L. Turman |
Alleged Violations
A.R.S. § 33-1811
Outcome Summary
The Petitioner's petition alleging the HOA violated conflict of interest statutes (A.R.S. § 33-1811) was dismissed because the Petitioner failed to sustain the burden of proof, as the conflict was deemed sufficiently disclosed prior to the board action.
Why this result: Petitioner failed to sustain the burden of proof on the alleged violation.
Key Issues & Findings
Board Member Conflict of Interest Disclosure
Petitioner alleged the HOA violated the statute regarding conflict of interest when the board hired the board president as a paid office assistant and the conflict was not disclosed by the president. The ALJ found that while the president did not disclose the conflict, the conflict was made known by another attendee prior to discussion and action, fulfilling the statutory purpose.
Orders: Petitioner’s petition be dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1811
- A.R.S. § 33-1243(c)
- A.R.S. Title 32, Ch. 20, Art. 11
- Arizona Administrative Code R2-19-119
- A.R.S. § 1-211(B)
- Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
- State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
- BLACK’S LAW DICTIONARY 1373 (10th ed. 2014)
Analytics Highlights
- A.R.S. § 33-1811
- A.R.S. § 33-1243(c)
- A.R.S. Title 32, Ch. 20, Art. 11
- Arizona Administrative Code R2-19-119
- A.R.S. § 1-211(B)
- Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
- State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
- BLACK’S LAW DICTIONARY 1373 (10th ed. 2014)