{ “case”: { “docket_no”: “24F-H047-REL”, “case_title”: “AZNH Revocable Trust v. Sunland Springs Village Homeowners Association”, “decision_date”: “2024-11-05”, “alj_name”: “Kay A. Abramsohn”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “If I challenge my HOA’s election procedures, do I have to prove they did something wrong, or do they have to prove they did it right?”, “short_answer”: “The burden of proof falls on the homeowner (Petitioner) to prove the violation.”, “detailed_answer”: “In an administrative hearing regarding an HOA dispute, the homeowner filing the petition bears the burden of proving, by a preponderance of the evidence, that the HOA violated the relevant statutes.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).”, “legal_basis”: “A.R.S. § 33-1812(A)(7); A.A.C. R2-19-119”, “topic_tags”: [ “Burden of Proof”, “Legal Procedure” ] }, { “question”: “Is my HOA required to provide me with the actual visual image of every electronic ballot cast in an election?”, “short_answer”: “No. The HOA is only required to store and provide ‘electronic votes,’ typically in data list format, not the visual ‘ballot’ image.”, “detailed_answer”: “The ALJ determined that statutes require the storage of ‘electronic votes’ for inspection, but this does not mean the HOA must retain a visual image of the specific screen or ballot seen by the voter. Data lists that document the vote satisfy the requirement.”, “alj_quote”: “ARIZ. REV. STAT. § 10-3708(F)(4) requires storage of ‘electronic votes’ not electronic ballots.”, “legal_basis”: “A.R.S. § 10-3708(F)(4)”, “topic_tags”: [ “Electronic Voting”, “Records Inspection” ] }, { “question”: “Does a spreadsheet or data list of votes count as a valid record of ‘ballots’ for inspection purposes?”, “short_answer”: “Yes. Data lists generated by voting software are considered compliant records of electronic ballots.”, “detailed_answer”: “When an HOA uses a third-party vendor for online voting, retaining the data lists provided by that vendor (which show member information and votes cast) satisfies the statutory requirement to retain materials in an ‘electronic format’.”, “alj_quote”: “Association is in compliance with ARIZ. REV. STAT. § 33-1812(7) by retaining the Vote HOA Now data lists which demonstrate the electronic ballots ‘in electronic … format.'”, “legal_basis”: “A.R.S. § 33-1812(7)”, “topic_tags”: [ “Records Inspection”, “Electronic Voting” ] }, { “question”: “How long must an HOA keep election materials like ballots and sign-in sheets?”, “short_answer”: “The HOA must retain these materials for at least one year.”, “detailed_answer”: “State law mandates that ballots, envelopes, sign-in sheets, and related materials be kept and made available for member inspection for a minimum of one year following the election.”, “alj_quote”: “Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.”, “legal_basis”: “A.R.S. § 33-1812(A)(7)”, “topic_tags”: [ “Record Retention”, “Elections” ] }, { “question”: “What specific features must an online voting system have to be legal?”, “short_answer”: “It must authenticate identity, ensure validity, send a receipt, and store votes.”, “detailed_answer”: “An online voting system is legally permitted if it authenticates the member’s identity, ensures the vote is not altered in transit, transmits a receipt to the voter, and stores the electronic votes for recount or inspection.”, “alj_quote”: “online voting system that does all of the following: a. Authenticates the member’s identity; b. Authenticates the validity of each electronic vote… c. Transmits a receipt… and d. Stores electronic votes for recount, inspection and review purposes.”, “legal_basis”: “A.R.S. § 10-3708(F)”, “topic_tags”: [ “Electronic Voting”, “HOA Obligations” ] }, { “question”: “Can I use ‘secret ballots’ if I am voting by mail or absentee?”, “short_answer”: “Yes, but your name/address must still appear on the envelope.”, “detailed_answer”: “If community documents allow for secret ballots, the ballot itself does not need the voter’s signature, but the outer envelope must contain the name, address, and signature to verify eligibility.”, “alj_quote”: “The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.”, “legal_basis”: “A.R.S. § 33-1812(A)(6)”, “topic_tags”: [ “Voting Rights”, “Privacy” ] }, { “question”: “How does the law define ‘preponderance of the evidence’ in these hearings?”, “short_answer”: “It means the claim is ‘more probably true than not’.”, “detailed_answer”: “The standard of proof requires evidence that has the most convincing force and inclines a fair mind to one side of the issue, even if it doesn’t remove all doubt.”, “alj_quote”: “A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.”, “legal_basis”: “Case Law (Morris K. Udall)”, “topic_tags”: [ “Legal Standards”, “Definitions” ] } ] }