John Zumph v. Sanalina Homeowners Association

Case Summary

Case ID 22F-H2222049-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-08-01
Administrative Law Judge Adam D. Stone
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John Zumph Counsel
Respondent Sanalina Homeowners Association Counsel Nick Eicher

Alleged Violations

Bylaws Article VII Section 1(d)

Outcome Summary

The ALJ denied the petition, concluding that the Sanalina HOA did not violate its Bylaws when it removed Petitioner John Zumph from the Board of Directors. The tribunal held that a 'regular meeting' can occur even without the presence of a quorum necessary to conduct business, validating the HOA's decision to declare his office vacant after three consecutive absences.

Why this result: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the Bylaws. The ALJ determined that the meetings existed despite lack of quorum, and the Petitioner's intentional absences constituted an abuse of process and were not in the spirit of the bylaws.

Key Issues & Findings

Wrongful removal from the Board of Directors

Petitioner challenged his removal from the Board of Directors, arguing that his three consecutive absences from regularly scheduled meetings (July 8, 2021, September 9, 2021, and November 11, 2021) did not count because no quorum was met at those meetings, meaning the meetings did not exist.

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 32-2199(B)
  • A.R.S. § 41-1092.07(G)(2)
  • A.R.S. § 41-1092
  • A.A.C. R2-19-119(A)
  • A.A.C. R2-19-119(B)(1)
  • A.A.C. R2-19-119(B)(2)
  • Sanalina Bylaws Article VII Section 1(d)
  • Sanalina Bylaws Article VI Section 3

Analytics Highlights

Topics: HOA Board Removal, Quorum Dispute, Bylaw Interpretation, Director Absence, Regular Meeting Definition
Additional Citations:

  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04
  • A.R.S. § 41-1092
  • A.R.S. § 41-1092.09
  • A.R.S. § 32-2199(B)
  • 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)
  • Sanalina Bylaws Article VII Section 1(d)
  • Sanalina Bylaws Article VI Section 3

Audio Overview

Decision Documents

22F-H2222049-REL Decision – 988629.pdf

Uploaded 2025-10-09T03:39:26 (105.3 KB)