Case Details

– Petitioner: Clifford (Norm) Burnes
– Respondent: Saguaro Crest Homeowners Association
– Case Number: [Not Specified]
– Date and Time of Hearing: November 19, 2021
– Judge’s Name: Jenna Clark
– Petitioner Successful: Yes

Case Description

This case arose from a petition filed by the Petitioner, Clifford (Norm) Burnes, against the Saguaro Crest Homeowners Association regarding a records request that the Association allegedly failed to fulfill. Petitioner, a property owner and member of the Saguaro Crest subdivision in Tucson, Arizona, claimed that the Association violated Ariz. Rev. Stat. § 33-1805 by not providing the requested records within the statutory time frame.

The dispute began on December 31, 2020, when Petitioner submitted a formal request asking for specific documents from the Association. According to statute, the Association was required to provide these documents within ten business days. However, Petitioner did not receive the documents promptly.

The Association attempted to notify Petitioner about opportunities to inspect the documents; however, miscommunication occurred regarding the recipient’s name and address. Despite attempts to schedule an inspection, Petitioner was unable to sign for the documents due to the mismatch in names used by the Association compared to Petitioner’s legal name. It was only on February 26, 2021, that the package was resent correctly to Clifford Burnes, and Petitioner signed for it on February 27, 2021.

During the administrative hearing held on November 19, 2021, Petitioner presented arguments asserting that the Association was in violation of the statute by not allowing timely access to the requested documents and that it incorrectly required him to inspect records prior to receiving copies. Conversely, the Respondent argued that they acted in good faith and believed they were following the law by requiring this inspection.

After reviewing the provided evidence and the arguments from both sides, the Administrative Law Judge, Jenna Clark, found in favor of the Petitioner. The judge concluded that the Association did, indeed, violate Ariz. Rev. Stat. § 33-1805 by not making the records available within the required time frame.

As A Result Of These Findings, The Judge Ordered The Following

1. The Petitioner’s appeal was granted.
2. The Saguaro Crest Homeowners Association was instructed to reimburse the Petitioner’s filing fee amounting to $500.
3. The Association was directed to comply with Ariz. Rev. Stat. § 33-1805 henceforth.

The decision was finalized on December 9, 2021, and the Order was binding unless a rehearing was requested within 30 days. This case highlights the importance of associations adhering to statutory requirements concerning homeowners’ rights to access documentation.

Analysis Of The Case Outcome

In This Case, The Petitioner, Clifford (Norm) Burnes, Won The Hearing Due To The Clear Violation Of **A.R.S. § 33-1805** By The Saguaro Crest Homeowners Association (The “Association”). The Key Findings Affirm That

1. Non-Compliance with Timelines: The statute mandates that an HOA must fulfill a records request within 10 business days. The Association acknowledged receiving the request, but did not provide the documents in the stipulated timeframe. Burnes did not have an opportunity to inspect the records until February 4, 2021, and he only received copies of the documents on February 27, 2021.

2. Improper Requirement for Inspection First: The Association’s argument that it could require the petitioner to inspect the documents before providing copies was deemed incorrect. The statute does not provide for such a requirement; it simply states the need to provide copies upon request within the specified timeframe.

3. Misaddressed Communications: The Association mistakenly addressed communications to “Norm Burnes” instead of using the petitioner’s legal name “Clifford Burnes.” This inconsistency added to the failure in their obligation to notify the petitioner properly and reflects poorly on their compliance protocols.

Recommendations And Alternative Actions For Future Petitioner Successes

1. Clear Communication: In future requests, the petitioner could ensure that all communications are consistently addressed with their legal name to avoid mix-ups similar to that experienced in this case. Consistency can strengthen the argument if disputes arise.

2. Maintain Records: Keeping thorough records of all communication with the HOA, including copies of requests, responses (or lack thereof), and any related correspondence, is critical. This can provide irrefutable evidence of non-compliance should further issues arise.

3. Timeliness and Follow-Up: Following up on requests shortly before the 10-day deadline and after the deadline could demonstrate diligence. Documenting these follow-ups will aid in establishing a clear timeline of events in the event of litigation or administrative action.

4. Understanding the Law: Homeowners should have a solid grasp of relevant statutes regarding document requests. Knowing the laws, such as A.R.S. § 33-1805, empowers homeowners to advocate for their rights effectively.

5. Using Official Channels: Seek clarification or assistance through state resources or real estate departments if there appears to be an ambiguous situation regarding document access.

For Homeowners Facing Similar Difficulties

– Précis of Rights: Homeowners associations must understand that complying with record requests isn’t optional; statutory requirements like those in A.R.S. § 33-1805 are legally binding. Misinterpretation or non-compliance must be addressed by filing formal complaints or petitions.

– Document Everything: Keep a detailed log of all requests and communications. Presenting a well-documented case significantly strengthens one’s position in disputes.

– Staying Informed: Residents should regularly engage with their HOA’s governing documents and feel empowered to speak up when procedural violations occur.

In summary, Norm Burnes’ victory hinged on clear statutory mandates not being followed by the HOA and highlighted key procedural missteps. Homeowners in similar situations can benefit from meticulous documentation, legal clarity, and continued engagement with their associations.