Tag Archives: Executive Session

Anne F. Segal vs Prince Court Homeowners Association, INC.

Posted on by

Case Summary

Case ID 25F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-22
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Anne F. Segal Counsel —
Respondent Prince Court Homeowners Association, Inc. Counsel Wendy Ehrlich, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1812, 33-1803(B-E), 33-1804, 33-1817, and CC&Rs Article VII

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was legally permitted to amend its CC&Rs via written, notarized consent of the members under ARIZ. REV. STAT. § 33-1817(A)(1), and that the actions taken did not violate the cited statutes or the governing documents.

Why this result: Petitioner failed to meet the burden of proof; statutory requirements regarding voting (33-1812) and violation notices (33-1803) were inapplicable, and the process of using written consent and closed sessions for legal advice adhered to ARIZ. REV. STAT. §§ 33-1817 and 33-1804.

Key Issues & Findings

Alleged unlawful procedures in replacing CC&Rs

Petitioner alleged the Association violated multiple Arizona Revised Statutes and CC&Rs Article VII by using unlawful procedures to replace the existing CC&Rs. Specific complaints included the Board directing members to sign a notarized agreement without permitting open discussion or dissent on specific proposed changes, arguing that a full vote was required. Respondent argued compliance with ARS § 33-1817 and CC&Rs Article VII, which permits amendment via written consent.

Orders: Petitioner’s petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1803(B-E)
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 33-1817
  • CC&Rs Article VII
  • ARIZ. REV. STAT. § 10-3704

Analytics Highlights

Topics: HOA, CC&R Amendment, Written Consent, Executive Session, Statutory Interpretation, Planned Community, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1803(B-E)
  • ARIZ. REV. STAT. § 33-1804
  • ARIZ. REV. STAT. § 33-1817
  • CC&Rs Article VII
  • ARIZ. REV. STAT. § 10-3704
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1802

Decision Documents

25F-H032-REL Decision – 1269718.pdf

Uploaded 2025-10-09T03:45:10 (53.7 KB)

25F-H032-REL Decision – 1269742.pdf

Uploaded 2025-10-09T03:45:10 (7.8 KB)

25F-H032-REL Decision – 1274756.pdf

Uploaded 2025-10-09T03:45:10 (54.6 KB)

25F-H032-REL Decision – 1274775.pdf

Uploaded 2025-10-09T03:45:10 (7.9 KB)

25F-H032-REL Decision – 1277633.pdf

Uploaded 2025-10-09T03:45:11 (48.1 KB)

25F-H032-REL Decision – 1288621.pdf

Uploaded 2025-10-09T03:45:11 (51.6 KB)

25F-H032-REL Decision – 1308520.pdf

Uploaded 2025-10-09T03:45:11 (206.1 KB)

Aaron Solen & Anh Jung v. Power Ranch Community Association

Posted on by

Case Summary

Case ID 24F-H036-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-07-05
Administrative Law Judge Adam D. Stone
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Aaron Solen and Anh Jung Counsel —
Respondent Power Ranch Community Association Counsel Charles H. Oldham

Alleged Violations

A.R.S. §33-1803(B) and Article 5.2.4 of the Association’s by-laws

Outcome Summary

The tribunal granted the petition, finding the Association violated ARIZ. REV. STAT. § 33-1803(B) and CC&R section 5.2.3 by failing to provide Petitioners an opportunity to be heard before imposing monetary penalties. The Respondent was ordered to reimburse the $500 filing fee. However, the tribunal denied all other requests for relief, including the reimbursement of fines, imposition of civil penalties, and forced approval of the modification, citing lack of statutory authority.

Why this result: The tribunal lacks statutory authority to erase fines imposed, force the Association to rewrite its CC&R’s, or force the Association to accept the planters without Petitioners going through the proper Design Review Committee processes.

Key Issues & Findings

Petitioner was issued fines as a result of a Design Review Committee decision and petitioner was not provided an opportunity to appeal to or be heard by the board of directors as required by A.R.S. §33-1803(B) and Article 5, specifically Article 5.2.4 of the Association’s by-laws.

Petitioners were fined for an unapproved modification (planter) without being granted a proper opportunity to be heard by the Board, as required by statute and bylaws, leading to a violation finding against the Association. The May 2023 meeting did not include the hearing, and the June 2023 Executive Session was not deemed a proper 'hearing' due to confusion over the closed session terminology.

Orders: The petition alleging violation of hearing rights was granted. Respondent was ordered to reimburse the Petitioner’s filing fee pursuant to ARIZ. REV. STAT. § 32-2199.02(A). Requests for reimbursement of fines incurred ($400.00), approval of the planters, imposition of a civil penalty, and rewriting CC&R’s procedures were denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1803(B)
  • Article 5.2.4
  • CC&R Section 5.2.3
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: DRC denial, hearing rights, monetary penalty, unapproved modification, executive session, CC&R violation
Additional Citations:

  • ARIZ. REV. STAT. § 33-1803(B)
  • Article 5.2.4
  • CC&R Section 5.2.3
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. § 41-1092

Decision Documents

24F-H036-REL Decision – 1162665.pdf

Uploaded 2025-10-09T03:43:49 (42.0 KB)

24F-H036-REL Decision – 1184634.pdf

Uploaded 2025-10-09T03:43:50 (40.0 KB)

24F-H036-REL Decision – 1191323.pdf

Uploaded 2025-10-09T03:43:50 (37.4 KB)

24F-H036-REL Decision – 1196403.pdf

Uploaded 2025-10-09T03:43:50 (146.0 KB)

Jeffrey Connell & Corey Cox v. Casa Del Monte, INC.

Posted on by

Case Summary

Case ID 24F-H024-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-20
Administrative Law Judge Jenna Clark
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jeffrey Connell & Corey Cox Counsel Ross Meyer, Esq.
Respondent Casa Del Monte, Inc. Counsel Solomon Krotzer, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1248

Outcome Summary

The Administrative Law Judge denied the Petitioners' petition, concluding they failed to meet their burden of proving a violation of ARIZ. REV. STAT. § 33-1248 regarding the May 19, 2023, Executive Board Meeting.

Why this result: Petitioners failed to prove the statutory violation by a preponderance of the evidence, as the Executive Session was deemed appropriate for receiving legal advice or conducting discussion related thereto, which falls under ARIZ. REV. STAT. § 33-1248(A)(1).

Key Issues & Findings

Alleged violation of open meeting law concerning Executive Board Meeting on May 19, 2023

Petitioners alleged the Association violated ARS § 33-1248 by improperly conducting business (Code of Conduct review and vote on minutes) in a closed Executive Session on May 19, 2023, and by failing to provide 48-hour notice.

Orders: Petitioners' petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)

Analytics Highlights

Topics: HOA Open Meeting Law, Executive Session, Legal Advice Exception, Code of Conduct, Burden of Proof, Condominium Association Statute, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.

Decision Documents

24F-H024-REL Decision – 1138580.pdf

Uploaded 2025-10-09T03:43:21 (54.3 KB)

24F-H024-REL Decision – 1144884.pdf

Uploaded 2025-10-09T03:43:22 (50.1 KB)

24F-H024-REL Decision – 1146526.pdf

Uploaded 2025-10-09T03:43:22 (61.9 KB)

24F-H024-REL Decision – 1161533.pdf

Uploaded 2025-10-09T03:43:22 (48.9 KB)

24F-H024-REL Decision – 1179547.pdf

Uploaded 2025-10-09T03:43:22 (132.9 KB)

Kathy J Green v. Cross Creek Ranch Community Association

Posted on by

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

Cited:

  • 33-1804(A)(1)
  • 33-1804(A)(2)
  • 33-1804(B)
  • 33-1804(F)

Analytics Highlights

Topics: HOA, Open Meetings, Executive Session, Legal Advice, Contemplated Litigation, Design Guidelines
Additional Citations:

  • 33-1804
  • 33-1804(A)
  • 33-1804(A)(1)
  • 33-1804(A)(2)
  • 33-1804(F)

Audio Overview

Decision Documents

22F-H2222064-REL Decision – 1003060.pdf

Uploaded 2025-10-09T03:39:46 (149.0 KB)

22F-H2222064-REL Decision – 989940.pdf

Uploaded 2025-10-09T03:39:46 (49.8 KB)

Jeffrey D Points v. Olive 66 Condominium Association

Posted on by

Case Summary

Case ID 21F-H2121059-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-09-08
Administrative Law Judge Tammy L. Eigenheer
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jeffrey D Points Counsel —
Respondent Olive 66 Condominium Association Counsel MacKenzie Hill

Alleged Violations

A.R.S. § 33-1258
A.R.S. § 33-1248

Outcome Summary

The Petitioner’s petition was affirmed in part (violation of A.R.S. § 33-1258 regarding documents) and denied in part (no violation of A.R.S. § 33-1248 regarding open meetings). Respondent was ordered to reimburse $500.00 of the filing fee and comply with A.R.S. § 33-1258.

Why this result: Petitioner failed to prove the violation of A.R.S. § 33-1248 because evidence of improper notice was lacking and the topic discussed in executive session was likely covered by a statutory exemption.

Key Issues & Findings

Access to Association Records

Respondent violated A.R.S. § 33-1258 by failing to provide certain requested 2021 invoices that were in existence at the time of the request within the statutory 10-day period.

Orders: Respondent must comply with A.R.S. § 33-1258 going forward. Petitioner reimbursed $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1805

Open Board Meetings

Petitioner failed to establish a violation of A.R.S. § 33-1248 regarding the March 25, 2021, board meeting, as the issue regarding notice was not established and the topic discussed (Landscaping Bid Review) likely fell under a statutory exemption.

Orders: Petitioner failed to establish the alleged violation of A.R.S. § 33-1248.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1248
  • A.R.S. § 33-1804

Analytics Highlights

Topics: condominium association, document request, open meeting, executive session, invoices, filing fee refund
Additional Citations:

  • A.R.S. § 33-1248
  • A.R.S. § 33-1258
  • A.R.S. § 33-1804
  • A.R.S. § 33-1805
  • A.R.S. § 32-2199 et seq.
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

21F-H2121059-REL Decision – 909631.pdf

Uploaded 2025-10-09T03:37:35 (47.7 KB)

21F-H2121059-REL Decision – 909633.pdf

Uploaded 2025-10-09T03:37:35 (117.7 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-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)

Susan L Alandar v. Ventana Lakes Property Owners’ Association

Posted on by

Case Summary

Case ID 20F-H2020046-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-07-23
Administrative Law Judge Tammy L. Eigenheer
Outcome none
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Susan L. Alandar Counsel —
Respondent Ventana Lakes Property Owners' Association Counsel Nicholas Nogami

Alleged Violations

A.R.S. § 33-1804
CC&R’s Article V Section C; Bylaws Article IV.E.8; Ventana Lakes Rule 8.4.A
CC&R’s Article III Section A; CC&R’s Article IV Section C.23; Bylaws Article IV.E.8; Ventana Lakes Rule 8.4.A
Ventana Lakes Rule 8.3.B.1.b

Outcome Summary

The Petitioner's petition alleging violations of statute and community documents was denied in its entirety. Two issues were found moot because the prohibited action had already concluded, and the other two issues failed because the Petitioner did not meet the burden of proof to establish a violation.

Why this result: Issues 2 and 3 were moot. Issues 1 and 4 failed on the merits because the evidence did not prove the HOA violated the cited statute or rule.

Key Issues & Findings

Board conducted interviews of candidates in closed executive session.

Petitioner alleged the Board improperly conducted interviews for Board vacancies in closed sessions. The Board admitted to the practice but asserted they did so to elicit personal, health, or financial information, which is a statutory exception to the open meeting law.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804

Discriminately penalized homeowners/members (Italian American Club).

Petitioner alleged the HOA wrongfully penalized and denied use of facilities to the Italian American Club (IAC). This issue was based on a specific one-year prohibition on facility use imposed after the IAC violated rules regarding moving furniture.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Article V, Section C of the CC&Rs
  • Article IV.E.8 of the Bylaws
  • Ventana Lakes Rules 8.4.A

Refusal of homeowners' use of facilities without authorization by rule.

Petitioner alleged the HOA wrongfully denied the Italian American Club use of facilities following an incident where club members moved tables against HOA rules, resulting in a one-year ban on facility use.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Article III, Section A of the CC&Rs
  • Article IV, Section C.23 of the CC&Rs
  • Article IV.E.8 of the Bylaws
  • Ventana Lakes Rules 8.4.A

Refusal to place written requests for Board action on the agenda.

Petitioner argued that Ventana Lakes Rule 8.3.B.1.b required the Board president to include every single written request from members on the next upcoming Board meeting agenda, which the Board had failed to do.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Ventana Lakes Rule 8.3.B.1.b

Analytics Highlights

Topics: HOA Open Meetings, Executive Session, Mootness, Facility Use Suspension, Agenda Setting
Additional Citations:

  • A.R.S. § 33-1804
  • Article IV, Section E of the Bylaws
  • Article 5, Section C of the CC&Rs
  • Article IV, Section C(23) of the CC&Rs
  • Article XII, Section B of the CC&Rs
  • Article III, Section A of the CC&Rs
  • Ventana Lake Rules 8.3.B
  • Ventana Lake Rules 8.4.A
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02

Audio Overview

Decision Documents

20F-H2020046-REL Decision – 809207.pdf

Uploaded 2025-10-08T07:11:19 (157.4 KB)

Susan L Alandar v. Ventana Lakes Property Owners’ Association

Posted on by

Case Summary

Case ID 20F-H2020046-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-07-23
Administrative Law Judge Tammy L. Eigenheer
Outcome none
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Susan L. Alandar Counsel —
Respondent Ventana Lakes Property Owners' Association Counsel Nicholas Nogami

Alleged Violations

A.R.S. § 33-1804
CC&R’s Article V Section C; Bylaws Article IV.E.8; Ventana Lakes Rule 8.4.A
CC&R’s Article III Section A; CC&R’s Article IV Section C.23; Bylaws Article IV.E.8; Ventana Lakes Rule 8.4.A
Ventana Lakes Rule 8.3.B.1.b

Outcome Summary

The Petitioner's petition alleging violations of statute and community documents was denied in its entirety. Two issues were found moot because the prohibited action had already concluded, and the other two issues failed because the Petitioner did not meet the burden of proof to establish a violation.

Why this result: Issues 2 and 3 were moot. Issues 1 and 4 failed on the merits because the evidence did not prove the HOA violated the cited statute or rule.

Key Issues & Findings

Board conducted interviews of candidates in closed executive session.

Petitioner alleged the Board improperly conducted interviews for Board vacancies in closed sessions. The Board admitted to the practice but asserted they did so to elicit personal, health, or financial information, which is a statutory exception to the open meeting law.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804

Discriminately penalized homeowners/members (Italian American Club).

Petitioner alleged the HOA wrongfully penalized and denied use of facilities to the Italian American Club (IAC). This issue was based on a specific one-year prohibition on facility use imposed after the IAC violated rules regarding moving furniture.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Article V, Section C of the CC&Rs
  • Article IV.E.8 of the Bylaws
  • Ventana Lakes Rules 8.4.A

Refusal of homeowners' use of facilities without authorization by rule.

Petitioner alleged the HOA wrongfully denied the Italian American Club use of facilities following an incident where club members moved tables against HOA rules, resulting in a one-year ban on facility use.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Article III, Section A of the CC&Rs
  • Article IV, Section C.23 of the CC&Rs
  • Article IV.E.8 of the Bylaws
  • Ventana Lakes Rules 8.4.A

Refusal to place written requests for Board action on the agenda.

Petitioner argued that Ventana Lakes Rule 8.3.B.1.b required the Board president to include every single written request from members on the next upcoming Board meeting agenda, which the Board had failed to do.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Ventana Lakes Rule 8.3.B.1.b

Analytics Highlights

Topics: HOA Open Meetings, Executive Session, Mootness, Facility Use Suspension, Agenda Setting
Additional Citations:

  • A.R.S. § 33-1804
  • Article IV, Section E of the Bylaws
  • Article 5, Section C of the CC&Rs
  • Article IV, Section C(23) of the CC&Rs
  • Article XII, Section B of the CC&Rs
  • Article III, Section A of the CC&Rs
  • Ventana Lake Rules 8.3.B
  • Ventana Lake Rules 8.4.A
  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.02

Audio Overview

Decision Documents

20F-H2020046-REL Decision – 809207.pdf

Uploaded 2025-10-09T03:34:59 (157.4 KB)