Case Summary
| Case ID | 23F-H008-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-11-17 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Amy Hilburn | Counsel | — |
|---|---|---|---|
| Respondent | Stetson Valley Owners Association | Counsel | Melissa Doolan, Esq. |
Alleged Violations
A.R.S. § 33-1804 and Article 6.2 of the Bylaws
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove a violation of A.R.S. § 33-1804(A) because the Architectural Review Committee (ARC) had ceased holding regularly scheduled meetings since March 2022, thereby negating the statutory requirement that such committee meetings must be open to members.
Why this result: The ARC successfully argued that A.R.S. § 33-1804(A) only mandates open access for 'any regularly scheduled committee meetings.' Since they transitioned to using an online portal on an irregular schedule, they were no longer holding 'regularly scheduled meetings,' meaning the statute did not require them to be open.
Key Issues & Findings
Failure of Architectural Review Committee (ARC) to hold open meetings where members can comment prior to a vote.
Petitioner alleged the Architectural Review Committee (ARC) was violating A.R.S. § 33-1804 (open meetings statute) by failing to hold open meetings, particularly after the ARC began processing requests using an online portal which allows for discussion and voting among members outside of noticed meetings. Historically, the ARC held regularly scheduled meetings on the first Tuesday of every month until March 2022. The ALJ ultimately ruled that since March 2022, the ARC was not holding 'regularly scheduled committee meetings' as defined by the statute.
Orders: Petitioner’s Petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1804(A)
- A.R.S. § 32-2199
- Article 6.2 of the Bylaws
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 41-1092.09
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
Analytics Highlights
- A.R.S. § 33-1804(A)
- Article 6.2 of the Bylaws