Case Summary
| Case ID | 23F-H035-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-04-17 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Barbara J. Ryan | Counsel | — |
|---|---|---|---|
| Respondent | Dragoon Mountain Ranch Phase I Meadows Property Owners Association | Counsel | Jody Corrales, Esq. |
Alleged Violations
A.R.S. § 33-1804, A.R.S. § 33-1318, Respondent’s Bylaws sections 7.1, 7.2, 12.1 – 12.3
Outcome Summary
The Petitioner was deemed the prevailing party. The ALJ found the Respondent violated Bylaw section 7.1 by failing to hold an annual members meeting in 2021 and 2022. Respondent was ordered to refund the $500 filing fee and ensure future compliance with Bylaw section 7.1. No civil penalty was imposed.
Why this result: The violation (failure to hold an annual member meeting) was undisputed by the Respondent, and Respondent's counsel conceded there were no legal defenses to this fact.
Key Issues & Findings
Failure to hold an annual members meeting in two years and ignoring members written petitions and requests for a meeting
It was undisputed that the Respondent HOA failed to hold an annual meeting of the members from March 2020 to the time of the hearing. The ALJ found by a preponderance of the evidence that the Respondent violated section 7.1 of its Bylaws.
Orders: Respondent must pay the Petitioner's filing fee of $500.00 within thirty days and is directed to comply with section 7.1 of its Bylaws going forward. No civil penalty was found appropriate.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1804
- A.R.S. § 33-1318
- Respondent’s Bylaws sections 7.1
- Respondent’s Bylaws sections 7.2
- Respondent’s Bylaws sections 12.1 – 12.3
- A.R.S. § 32-2199(B)
- A.R.S. § 33-1803
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. §32-2199.02(B)
- A.R.S. § 41-1092.09
Analytics Highlights
- A.R.S. § 33-1804
- A.R.S. § 33-1318
- Respondent’s Bylaws sections 7.1
- Respondent’s Bylaws sections 7.2
- Respondent’s Bylaws sections 12.1 – 12.3
- A.R.S. § 32-2199(B)
- A.R.S. § 33-1803
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. §32-2199.02(B)
- A.R.S. § 41-1092.09