Case Summary
| Case ID | 23F-H038-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-04-20 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | partial |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Clifford S. Burnes | Counsel | — |
|---|---|---|---|
| Respondent | Saguaro Crest Homeowners' Association | Counsel | John T. Crotty, Esq. |
Alleged Violations
A.R.S. § 33-1804
A.R.S. § 33-1804
Outcome Summary
Petitioner prevailed on the allegation that Respondent failed to provide notice of the board meeting in violation of A.R.S. § 33-1804, resulting in a refund of $500.00. Respondent prevailed on the allegation that the board meeting was required to be open, as the meeting was properly closed to receive legal advice under a statutory exception.
Why this result: Petitioner lost the open meeting claim because the meeting was protected by the legal advice exception under A.R.S. § 33-1804(A)(1).
Key Issues & Findings
Failure to provide notice of board meeting to members.
Petitioner alleged Respondent conducted an unnoticed board meeting regarding obtaining legal advice. Respondent conceded the meeting was unnoticed. The ALJ concluded Respondent was required to provide notice to members that it would be conducting a board meeting to consider legal advice from an attorney that would be closed to members, and failed to do so.
Orders: Respondent must pay Petitioner the filing fee of $500.00 within thirty (30) days. Respondent is directed to comply with the notice requirements of A.R.S. § 33-1804 going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1804
- A.R.S. § 33-1804(D)
Board meeting was not open to all members of the association.
Petitioner alleged the meeting, attended by two board members and an attorney, should have been open. Respondent contended the meeting was a permitted closed session to consider legal advice from an attorney regarding reorganization/disbanding, pursuant to A.R.S. § 33-1804(A)(1). The ALJ concluded the meeting was not required to be open because the board members were solely receiving legal advice from an attorney.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1804
- A.R.S. § 33-1804(A)(1)
Analytics Highlights
- A.R.S. § 33-1804
- A.R.S. § 33-1804(A)(1)
- A.R.S. § 33-1804(C)
- A.R.S. § 33-1804(D)
- A.R.S. § 33-1804(F)
- A.R.S. § 32-2199(1)