Case Summary
| Case ID | 25F-H029-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2025-03-12 |
| Administrative Law Judge | Samuel Fox |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Debbie Westerman | Counsel | — |
|---|---|---|---|
| Respondent | Bridgewood Nine 30 Homeowners Association | Counsel | Mark Lines |
Alleged Violations
A.R.S. § 33-1258
Outcome Summary
The ALJ found that the documents Petitioner requested—specifically bills issued by Respondent’s counsel—were privileged communications under A.R.S. § 33-1258(B)(1). Because these documents were subject to the statutory exception, the Petitioner failed to meet her burden of proof that the Respondent violated the records request statute. Respondent was deemed the prevailing party.
Why this result: Petitioner failed to establish a violation because the requested records fell under the attorney-client privilege exception defined in A.R.S. § 33-1258(B).
Key Issues & Findings
Alleged violation of member's right to examine financial records regarding legal fees.
Petitioner sought statements from the HOA's law firm (Shaw and Lines) from 2015 onward, specifically seeking the numerical amounts paid in legal fees. The HOA failed to respond within ten business days. The HOA argued the requested bills were privileged communications and therefore exempt from disclosure under A.R.S. § 33-1258(B)(1).
Orders: Respondent was deemed the prevailing party in this matter.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1805
- A.R.S. § 33-1258
- A.R.S. § 33-1258(B)(1)
Analytics Highlights
- A.R.S. § 33-1258
- A.R.S. § 33-1258(B)(1)