Case Summary
| Case ID | 22F-H2222064-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-09-29 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | total |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Kathy J. Green, MD | Counsel | — |
|---|---|---|---|
| Respondent | Cross Creek Ranch Community Association | Counsel | Nick Eicher, Esq. |
Alleged Violations
A.R.S. § 33-1804
Outcome Summary
The Administrative Law Judge affirmed the petition, finding that the HOA violated A.R.S. § 33-1804 by improperly holding a closed executive session primarily focused on reviewing homeowner comments on design guidelines that did not meet the statutory exceptions for closure. The ALJ ordered the HOA to reimburse the petitioner's filing fee and comply with the statute in the future.
Key Issues & Findings
Alleged violation of open meetings requirements regarding closed executive session.
The Respondent HOA held a closed executive session on June 9, 2022, noticed under A.R.S. § 33-1804(A)(1) (legal advice), to discuss approximately 72 homeowner comments on proposed design guideline revisions. The ALJ found that the meeting did not qualify under exceptions (A)(1) or (A)(2) as no legal advice was given and the discussion of most comments did not constitute pending or contemplated litigation.
Orders: Petitioner's petition is affirmed. Respondent must reimburse the Petitioner the $500.00 filing fee and is directed to comply with the requirements of A.R.S. § 33-1804 going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- 33-1804(A)(1)
- 33-1804(A)(2)
- 33-1804(B)
- 33-1804(F)
Analytics Highlights
- 33-1804
- 33-1804(A)
- 33-1804(A)(1)
- 33-1804(A)(2)
- 33-1804(F)