Case Summary
| Case ID | 22F-H2222046-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-07-14 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Katherine Belinsky | Counsel | — |
|---|---|---|---|
| Respondent | Del Cerro Condos | Counsel | — |
Alleged Violations
A.R.S. § 33-1805(A)
Outcome Summary
The Administrative Law Judge denied the petition, concluding that Petitioner failed to meet her burden of proving by a preponderance of the evidence that the HOA violated A.R.S. § 33-1805(A), finding that the HOA and its property managers had made records reasonably available for examination.
Why this result: Petitioner failed to meet the burden of proof required by A.A.C. R2-19-119. The evidence showed Respondent responded timely to requests, provided some documents, and offered Petitioner appointments to review other sensitive or older records in the office, which she failed to schedule.
Key Issues & Findings
Failure to provide books, records and accounts
Petitioner alleged Respondent failed to provide required HOA records, including bank statements, invoices, and contracts, following requests made primarily in March 2022, thereby violating statute A.R.S. § 33-1805(A).
Orders: Petitioner's petition denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1805
- A.A.C. R2-19-119
Analytics Highlights
- A.R.S. § 33-1805
- A.A.C. R2-19-119
- State ex rel. Thomas v. Contes, 216 Ariz. 525, 527, 169 P.3d 115, 117 (App. 2007)
- Marsoner v. Pima County, 166 Ariz. 486, 488, 803 P.2d 897, 899 (1991)