Tag Archives: Board of Directors

Gregory Ehle V. Fulton Ranch Homeowners Association

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Case Summary

Case ID 22F-H2222031-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-07-11
Administrative Law Judge Velva Moses-Thompson
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Gregory Ehle Counsel —
Respondent Fulton Ranch Homeowners Association Counsel Emily H. Mann, Esq.

Alleged Violations

A.R.S. § 33-1804(E)(2)

Outcome Summary

The Administrative Law Judge dismissed the petition after finding that the Petitioner failed to meet his burden of proof to show that the Fulton Ranch Homeowners Association violated A.R.S. § 33-1804(E)(2) concerning an emergency board meeting. The evidence established that no such meeting took place, and the statute does not require the Board to hold one.

Why this result: Petitioner failed to establish the violation by a preponderance of the evidence, as he conceded he did not know if an emergency meeting was held and could not provide legal authority showing that one was required.

Key Issues & Findings

Alleged violation regarding an emergency meeting of the board members.

Petitioner alleged that the Respondent HOA violated A.R.S. § 33-1804(E)(2) concerning the procedures for an emergency board meeting, specifically regarding a message sent out by the HOA's managing agent. The case proceeded on this single issue after Petitioner failed to pay the required additional filing fees for four total issues claimed.

Orders: The Administrative Law Judge dismissed the petition, concluding that the Respondent HOA did not hold an emergency board meeting and was not required by A.R.S. § 33-1804(E)(2) to hold one.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(E)(2)
  • 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)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Analytics Highlights

Topics: emergency meeting, board of directors, failure to pay filing fee, burden of proof, dismissal, A.R.S. 33-1804
Additional Citations:

  • A.R.S. § 33-1804(E)(2)
  • 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)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)

Audio Overview

Decision Documents

22F-H2222031-REL Decision – 964714.pdf

Uploaded 2025-10-09T03:38:50 (48.2 KB)

22F-H2222031-REL Decision – 964973.pdf

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22F-H2222031-REL Decision – 965150.pdf

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22F-H2222031-REL Decision – 965339.pdf

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22F-H2222031-REL Decision – 967084.pdf

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22F-H2222031-REL Decision – 967089.pdf

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22F-H2222031-REL Decision – 967102.pdf

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22F-H2222031-REL Decision – 973304.pdf

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22F-H2222031-REL Decision – 977404.pdf

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22F-H2222031-REL Decision – 982867.pdf

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Clifford (Norm) Burnes v. Saguaro Crest Homeowners Association, Inc.

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Case Summary

Case ID 21F-H2121051-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-01-03
Administrative Law Judge Thomas Shedden
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford (Norm) Burnes Counsel —
Respondent Saguaro Crest Homeowners Association, Inc. Counsel John Crotty, Esq.

Alleged Violations

ARIZ. REV STAT. section 33-1804

Outcome Summary

The Administrative Law Judge Decision dismissed the petition, concluding that the Respondent HOA, Saguaro Crest, did not violate the open meeting law (A.R.S. § 33-1804) because the action taken via unanimous written consent was legally considered action without a meeting under A.R.S. § 10-3821.

Why this result: Petitioner failed to prove that a 'meeting' occurred on May 3, 2020. The Board actions were validly taken without a meeting pursuant to A.R.S. § 10-3821, which supersedes the open meeting requirements of A.R.S. § 33-1804 when action is taken by unanimous written consent.

Key Issues & Findings

Violation of the open meeting law by taking two actions via unanimous written consent.

Petitioner alleged that the Respondent's Board of Directors violated A.R.S. § 33-1804 on May 3, 2020, by taking two actions using unanimous written consent of the Board members, arguing this was equivalent to an informal meeting. Respondent asserted that taking action by unanimous consent, as allowed by A.R.S. § 10-3821, means no meeting actually occurred and therefore 33-1804 did not apply.

Orders: Petitioner's petition is dismissed. Respondent is deemed the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV STAT. section 33-1804
  • ARIZ. REV STAT. section 10-3821
  • ARIZ. REV STAT. section 10-3701(F)
  • ARIZ. REV STAT. section 32-2199.02(A)
  • Deer Valley, v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)
  • City of Phoenix v. Orbitz Worldwide, Inc. 247 Ariz. 234 (2019)

Analytics Highlights

Topics: HOA, open meeting law, written consent, statutory interpretation, planned community, board of directors
Additional Citations:

  • ARIZ. REV STAT. section 33-1804
  • ARIZ. REV STAT. section 10-3821
  • ARIZ. REV STAT. section 32-2199
  • ARIZ. REV STAT. section 32-2199.02
  • ARIZ. REV STAT. section 41-1092.08
  • ARIZ. REV STAT. section 10-3071
  • ARIZ. REV STAT. section 10-3701
  • ARIZ. ADMIN. CODE § R2-19-116(H)
  • ARIZ. ADMIN. CODE § R2-19-119
  • Deer Valley, v. Houser, 214 Ariz. 293, 152 P.3d 490 (2007)
  • City of Phoenix v. Orbitz Worldwide, Inc. 247 Ariz. 234 (2019)

Audio Overview

Decision Documents

21F-H2121051-REL-RHG Decision – 930803.pdf

Uploaded 2025-10-09T03:37:19 (46.9 KB)

21F-H2121051-REL-RHG Decision – 935756.pdf

Uploaded 2025-10-09T03:37:19 (124.8 KB)

Carlos J Sanchez & Marinda K Minch, vs. Tempe Villages Homeowners

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Case Summary

Case ID 21F-H2121033-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-03-09
Administrative Law Judge Sondra J. Vanella
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Carlos J. Sanchez & Marinda K. Minch Counsel —
Respondent Tempe Villages Homeowners Association, Inc. Counsel Ashley Moscarello

Alleged Violations

Bylaws Article 4 Section 1

Outcome Summary

The Petition was dismissed because Petitioners failed to prove the Respondent HOA violated the Bylaws regarding the filling of a vacant Board seat. The ALJ determined the Bylaws did not impose a timeframe for filling the vacancy and the Board acted according to Article IV, Section 3.

Why this result: Petitioners failed to meet the burden of proof to establish the violation by a preponderance of the evidence. The Bylaws do not contain a provision providing a timeframe in which a vacancy on the Board must be filled.

Key Issues & Findings

Violation of Bylaws regarding Board of Directors composition and appointment

Petitioners alleged the HOA violated Bylaws Article 4 Section 1 by leaving a Board seat open following a resignation (August 2020) and not filling it until November 2020. The ALJ found the Bylaws (Sections 1, 2, and 3) did not mandate a timeframe for filling a vacancy, and the HOA followed procedures for appointment.

Orders: Petitioners’ Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • A.A.C. R2-19-119(B)(2)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Analytics Highlights

Topics: HOA Governance, Board of Directors, Bylaws, Board Vacancy
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 41-1092.07(G)(2)
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
  • A.A.C. R2-19-119(B)(2)
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY at page 1220 (8th ed. 1999)
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092.09

Audio Overview

Decision Documents

21F-H2121033-REL Decision – 862059.pdf

Uploaded 2025-10-09T03:36:44 (132.3 KB)