Case Summary
| Case ID | 21F-H2121048-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-08-23 |
| Administrative Law Judge | Jenna Clark |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Nancy Bender | Counsel | — |
|---|---|---|---|
| Respondent | Foothills Townhomes Association, Inc. | Counsel | Jason Smith, Esq. |
Alleged Violations
Community Bylaws 3.03
Outcome Summary
The petition was denied because Petitioner failed to sustain her burden of proof that the Association violated Community Bylaws 3.03, as the issue regarding a special meeting was found to be unripe. Other alleged statutory violations were inapplicable.
Why this result: Petitioner did not sustain the burden of proof (preponderance of the evidence) on the Bylaws violation because the condition precedent (requesting or holding a special meeting) had not occurred, rendering the issue unripe. The statutory violations cited were inapplicable to the Association.
Key Issues & Findings
Whether Foothills Townhomes Association, Inc. violated Community Bylaws 3.03 and ARIZ. REV. STAT. §§ 33-1248(A), 33-1248(B), and 33-1261(D).
Petitioner alleged the Association violated Community Bylaws 3.03 when it drafted and posted a letter directed to Petitioner on its online platform, in response to private correspondence (a draft special meeting request) that had not yet been submitted to the Board, which Petitioner perceived as an attempt to dismantle a platform for discussion and retaliate against her.
Orders: Petitioner’s petition is denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- Community Bylaws 3.03
- ARIZ. REV. STAT. §§ 33-1248(A)
- ARIZ. REV. STAT. §§ 33-1248(B)
- ARIZ. REV. STAT. §§ 33-1261(D)
Analytics Highlights
- ARIZ. REV. STAT. §§ 33-1248(A)
- ARIZ. REV. STAT. §§ 33-1248(B)
- ARIZ. REV. STAT. §§ 33-1261(D)
- ARIZ. REV. STAT. §§ 32-2102
- ARIZ. REV. STAT. §§ 32-2199 et seq.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. §§ 32-2199(2)
- ARIZ. REV. STAT. §§ 32-2199.01(A)
- ARIZ. REV. STAT. §§ 32-2199.01(D)
- ARIZ. REV. STAT. §§ 32-2199.02
- ARIZ. REV. STAT. §§ 41-1092 et seq.
- ARIZ. REV. STAT. § 33-1243
- ARIZ. REV. STAT. § 32-2199.04
- ARIZ. REV. STAT. § 41-1092.09
- ARIZ. ADMIN. CODE R2-19-119
- Tierra Ranchos Homeowners Ass'n v. Kitchukov
- Community Bylaws 3.03