Tag Archives: COVID-19

Debra K Morin v. Solera Chandler Homeowners’ Association, Inc.

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Case Summary

Case ID 21F-H2120001-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-17
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debra K. Morin Counsel —
Respondent Solera Chandler Homeowners' Association, Inc. Counsel Lydia A. Peirce Linsmeier

Alleged Violations

A.R.S. § 33-1804
A.R.S. § 33-1804

Outcome Summary

Petitioner's petition was affirmed in part and denied in part. Petitioner prevailed on Complaint #1 (improper use of email/unanimous written consent for non-privileged business), but lost on Complaint #2 (alleged improper emergency executive session). Respondent was ordered to comply with A.R.S. § 33-1804 and reimburse the $500 filing fee.

Why this result: Petitioner failed to prove the violation related to the emergency executive session (Complaint #2).

Key Issues & Findings

Non-privileged Association Business Conducted in Closed Session (Complaint #1)

The HOA used unanimous written consents obtained via individual emails from board members to approve association business (such as approving repairs, replacement of equipment, and pruning) outside of open meetings, violating the requirement that all meetings of the board of directors must be open to members.

Orders: Respondent ordered to reimburse the $500.00 filing fee and comply with A.R.S. § 33-1804 going forward. No civil penalty assessed due to the COVID-19 pandemic circumstances.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 10-3821

Association Business Conducted in an Emergency Executive Session (Complaint #2)

Petitioner alleged misuse of emergency executive sessions. Respondent represented that the sessions only addressed issues under statutory exceptions. Petitioner failed to establish by a preponderance of the evidence that this violation occurred.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804

Analytics Highlights

Topics: Open Meeting Law, Unanimous Written Consent, Executive Session, COVID-19
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 10-3821
  • A.R.S. § 32-2199 et seq.

Audio Overview

Decision Documents

21F-H2120001-REL-RHG Decision – 864802.pdf

Uploaded 2025-10-09T03:35:37 (101.9 KB)

Debra K Morin v. Solera Chandler Homeowners’ Association, Inc.

Posted on by

Case Summary

Case ID 21F-H2120001-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-17
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debra K. Morin Counsel —
Respondent Solera Chandler Homeowners' Association, Inc. Counsel Lydia A. Peirce Linsmeier

Alleged Violations

A.R.S. § 33-1804
A.R.S. § 33-1804

Outcome Summary

Petitioner's petition was affirmed in part and denied in part. Petitioner prevailed on Complaint #1 (improper use of email/unanimous written consent for non-privileged business), but lost on Complaint #2 (alleged improper emergency executive session). Respondent was ordered to comply with A.R.S. § 33-1804 and reimburse the $500 filing fee.

Why this result: Petitioner failed to prove the violation related to the emergency executive session (Complaint #2).

Key Issues & Findings

Non-privileged Association Business Conducted in Closed Session (Complaint #1)

The HOA used unanimous written consents obtained via individual emails from board members to approve association business (such as approving repairs, replacement of equipment, and pruning) outside of open meetings, violating the requirement that all meetings of the board of directors must be open to members.

Orders: Respondent ordered to reimburse the $500.00 filing fee and comply with A.R.S. § 33-1804 going forward. No civil penalty assessed due to the COVID-19 pandemic circumstances.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804
  • A.R.S. § 10-3821

Association Business Conducted in an Emergency Executive Session (Complaint #2)

Petitioner alleged misuse of emergency executive sessions. Respondent represented that the sessions only addressed issues under statutory exceptions. Petitioner failed to establish by a preponderance of the evidence that this violation occurred.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804

Analytics Highlights

Topics: Open Meeting Law, Unanimous Written Consent, Executive Session, COVID-19
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 10-3821
  • A.R.S. § 32-2199 et seq.

Audio Overview

Decision Documents

21F-H2120001-REL Decision – 838004.pdf

Uploaded 2025-10-09T03:35:36 (125.4 KB)

Samuel T Paparazzo v. Coronado Ranch Community Association

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Case Summary

Case ID 20F-H2020061-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-09-03
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Samuel T Paparazzo Counsel —
Respondent Coronado Ranch Community Association Counsel Mark Stahl, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1804(A), 33-1804(B), 33-1804(F), and Association bylaws 2.3, 2.7, and 3.1

Outcome Summary

The Administrative Law Judge concluded that the Respondent HOA acted within the scope of its statutory authority during its April 02, 2020, annual meeting and elections, and denied the Petitioner's petition for failure to sustain the burden of proof regarding alleged statutory and bylaw violations.

Why this result: The ALJ found that notice of the meeting modification (to an online platform due to COVID-19) was timely and proper, and Petitioner's claimed denial of the right to speak was the result of user error of the online platform, not action by the Association. Furthermore, the decision to hold elections for all five open Board positions was deemed appropriate due to carryover vacancies resulting from a lack of quorum in the prior year (2019).

Key Issues & Findings

Alleged violations regarding Annual Meeting notice (change in venue), right to speak, proper call to order, and staggered board voting.

Petitioner filed a quadruple-issue petition alleging the Association violated statutes and bylaws concerning the April 02, 2020, annual meeting, specifically regarding insufficient notice for the venue change (due to COVID-19), denial of the right to speak (via online chat), improper chair delegation, and failure to stagger Board elections.

Orders: Petitioner’s petition is denied.

Filing fee: $2,000.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. ADMIN. CODE R4-9-117
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov

Analytics Highlights

Topics: COVID-19, Virtual Meeting, Notice, Right to Speak, Elections, Bylaws, Quorum, User Error
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. ADMIN. CODE R4-9-117

Audio Overview

Decision Documents

20F-H2020061-REL Decision – 819907.pdf

Uploaded 2025-10-08T07:12:36 (149.3 KB)

Samuel T Paparazzo v. Coronado Ranch Community Association

Posted on by

Case Summary

Case ID 20F-H2020061-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-09-03
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Samuel T Paparazzo Counsel —
Respondent Coronado Ranch Community Association Counsel Mark Stahl, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1804(A), 33-1804(B), 33-1804(F), and Association bylaws 2.3, 2.7, and 3.1

Outcome Summary

The Administrative Law Judge concluded that the Respondent HOA acted within the scope of its statutory authority during its April 02, 2020, annual meeting and elections, and denied the Petitioner's petition for failure to sustain the burden of proof regarding alleged statutory and bylaw violations.

Why this result: The ALJ found that notice of the meeting modification (to an online platform due to COVID-19) was timely and proper, and Petitioner's claimed denial of the right to speak was the result of user error of the online platform, not action by the Association. Furthermore, the decision to hold elections for all five open Board positions was deemed appropriate due to carryover vacancies resulting from a lack of quorum in the prior year (2019).

Key Issues & Findings

Alleged violations regarding Annual Meeting notice (change in venue), right to speak, proper call to order, and staggered board voting.

Petitioner filed a quadruple-issue petition alleging the Association violated statutes and bylaws concerning the April 02, 2020, annual meeting, specifically regarding insufficient notice for the venue change (due to COVID-19), denial of the right to speak (via online chat), improper chair delegation, and failure to stagger Board elections.

Orders: Petitioner’s petition is denied.

Filing fee: $2,000.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. ADMIN. CODE R4-9-117
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov

Analytics Highlights

Topics: COVID-19, Virtual Meeting, Notice, Right to Speak, Elections, Bylaws, Quorum, User Error
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. ADMIN. CODE R4-9-117

Audio Overview

Decision Documents

20F-H2020061-REL Decision – 819907.pdf

Uploaded 2025-10-09T03:35:29 (149.3 KB)