Case Summary
| Case ID | 25F-H045-REL; 25F-H054-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-08-08 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | total |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $1,000.00 |
Parties & Counsel
| Petitioner | Jeremy R. Whittaker | Counsel | — |
|---|---|---|---|
| Respondent | The Val Vista Lakes Community Association | Counsel | Joshua M. Bolen, Esq. |
Alleged Violations
A.R.S. § 33-1805
A.R.S. § 33-1805(A)
Outcome Summary
The Administrative Law Judge granted both consolidated petitions (25F-H045-REL and 25F-H054-REL), finding that Respondent, The Val Vista Lakes Community Association, violated A.R.S. § 33-1805(A) by wrongfully withholding requested documents and failing to respond to records requests. Respondent was ordered to follow A.R.S. § 33-1805(A) for all pending and future requests, reimburse the Petitioner the total filing fees of $1000.00, and pay a total civil penalty of $1000.00.
Key Issues & Findings
Violation regarding failure to provide association records (Policies/Legal)
Petitioner alleged Respondent violated A.R.S. § 33-1805 by failing to provide requested records (including those regarding records policy and attorney fee information) within the ten-business-day deadline, and by conditioning production on an unenforceable ‘Records Request Form’. The tribunal found Val Vista wrongfully withheld the documents and violated the statute.
Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00
Disposition: petitioner_win
- A.R.S. § 33-1805(A)
- ARIZ. REV. STAT. § 32-2199.01
Violation regarding failure to provide financial records (Bank Statements)
Petitioner alleged Respondent violated A.R.S. § 33-1805(A) by failing to provide requested operating and reserve bank statements. Val Vista failed to respond to the request. The tribunal found the failure to respond unacceptable and in violation of the statute.
Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00
Disposition: petitioner_win
- A.R.S. § 33-1805(A)
- ARIZ. REV. STAT. § 32-2199.01
Analytics Highlights
- A.R.S. § 33-1805(A)
- ARIZ. REV. STAT. § 32-2199.01
- ARIZ. REV. STAT. § 32-2199.02
- Title 33, Chapter 16, Article 1