Case Summary
| Case ID | 23F-H027-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-03-09 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | partial |
| Filing Fees Refunded | $1,500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Kimberly Martinez | Counsel | — |
|---|---|---|---|
| Respondent | Pineglen Owner's Association | Counsel | — |
Alleged Violations
A.R.S. § 33-1812(A)(6)
Bylaws, Article IV, Sections 1 and 2
A.R.S. § 33-1805(A)
Outcome Summary
Petitioner was deemed the prevailing party on Petition Issues 1 and 3, establishing violations of A.R.S. § 33-1812(A)(6) and A.R.S. § 33-1805(A). Respondent was deemed the prevailing party on Issue 2. Respondent was ordered to pay Petitioner $1,000.00 of the filing fee and directed to comply with the violated statutes going forward. No Civil Penalty was imposed.
Why this result: Petitioner failed to prove the violation related to the appointed board positions (Issue 2) by a preponderance of the evidence.
Key Issues & Findings
The ballot for the annual election of Board members did not have the proper resident identifiers, lot number or physical address; and the process for write-in candidates was not provided or outlined.
The ballots utilized by Respondent did not contain the address of the person voting, violating the requirement that completed ballots shall contain the name, address, and signature of the person voting.
Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1812(A)(6) going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1812(A)(6)
- Bylaws, Article III, Section 3
At the Annual Meeting the Board President announced 2 new Board positions, but did not follow the electoral process for filling the 2 positions, instead appointed 2 residents to the new positions.
Petitioner failed to establish by a preponderance of the evidence that Respondent violated its Bylaws regarding the appointment of two board positions (RV Lot Manager and Architectural Review Manager), as the Board was within its limits to increase membership and fill vacancies until the next election.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- Bylaws, Article IV, Section 1
- Bylaws, Article IV, Section 2
The Board Secretary refused to comply to Petitioner's request, per ARS 33-1805(A), of supplying copies of HOA records, either electronically or by purchase of hard copies.
Petitioner requested copies in writing and offered to pay, but Respondent refused to provide copies, contrary to the statutory obligation that the association must provide copies of requested records upon request for purchase within ten business days.
Orders: Respondent is directed to comply with the requirements of A.R.S. § 33-1805(A) going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1805(A)
- Bylaws, Article VII, Section 3
Analytics Highlights
- A.R.S. § 33-1812(A)(6)
- A.R.S. § 33-1805(A)
- Bylaws, Article IV, Section 1
- Bylaws, Article IV, Section 2
- Bylaws, Article III, Section 3
- Bylaws, Article VII, Section 3