Case Summary
| Case ID | 23F-H039-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-10-20 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Michael Holland | Counsel | — |
|---|---|---|---|
| Respondent | Tonto Forest Estates Homeowner's Association | Counsel | John A. Buric |
Alleged Violations
A.R.S. § 33-1804(A)
Outcome Summary
The Administrative Law Judge granted the Petition, concluding that the HOA violated A.R.S. § 33-1804(A) because the portion of the meeting where recording was prohibited was not effectively 'closed' (as members were allowed to remain) and therefore remained 'open' and subject to members' right to record.
Key Issues & Findings
Improperly preventing members from recording an open board meeting
The HOA Board prohibited homeowners participating in an open meeting on September 28, 2022, from recording that meeting. The HOA argued the portion was closed due to receiving legal advice/contemplated litigation, but the ALJ found the portion was not effectively 'closed' because no members were required to leave, thus the HOA lacked authority to prevent recording.
Orders: HOA found in violation; ordered to reimburse Petitioner $500.00 filing fee.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1804(A)
- A.R.S. § 33-1804
Analytics Highlights
- A.R.S. § 33-1804
- A.R.S. § 33-1804(A)
- A.R.S. § 33-1804(C)
- A.R.S. § 32-2199.05
- A.R.S. § 41-1092