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

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

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24F-H024-REL Decision – 1144884.pdf

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24F-H024-REL Decision – 1146526.pdf

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24F-H024-REL Decision – 1161533.pdf

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24F-H024-REL Decision – 1179547.pdf

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Michael Holland v. Tonto Forest Estates Homeowner’s Association

Case Summary

Case ID 23F-H039-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-10-20
Administrative Law Judge Kay Abramsohn
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael Holland Counsel
Respondent Tonto Forest Estates Homeowner's Association Counsel John A. Buric

Alleged Violations

A.R.S. § 33-1804(A)

Outcome Summary

The Administrative Law Judge granted the Petition, concluding that the HOA violated A.R.S. § 33-1804(A) because the portion of the meeting where recording was prohibited was not effectively 'closed' (as members were allowed to remain) and therefore remained 'open' and subject to members' right to record.

Key Issues & Findings

Improperly preventing members from recording an open board meeting

The HOA Board prohibited homeowners participating in an open meeting on September 28, 2022, from recording that meeting. The HOA argued the portion was closed due to receiving legal advice/contemplated litigation, but the ALJ found the portion was not effectively 'closed' because no members were required to leave, thus the HOA lacked authority to prevent recording.

Orders: HOA found in violation; ordered to reimburse Petitioner $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804(A)
  • A.R.S. § 33-1804

Analytics Highlights

Topics: HOA Open Meeting Law, Recording Rights, Attorney-Client Privilege, Filing Fee Reimbursement
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1804(A)
  • A.R.S. § 33-1804(C)
  • A.R.S. § 32-2199.05
  • A.R.S. § 41-1092

Audio Overview

Decision Documents

23F-H039-REL Decision – 1040495.pdf

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23F-H039-REL Decision – 1044744.pdf

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23F-H039-REL Decision – 1059207.pdf

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23F-H039-REL Decision – 1059214.pdf

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23F-H039-REL Decision – 1087229.pdf

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23F-H039-REL Decision – 1087233.pdf

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23F-H039-REL Decision – 1095655.pdf

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23F-H039-REL Decision – 1095796.pdf

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23F-H039-REL Decision – 1101606.pdf

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23F-H039-REL Decision – 1102499.pdf

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23F-H039-REL Decision – 1104514.pdf

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23F-H039-REL Decision – 1104862.pdf

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Amy Hillburn v. Stetson Valley Owners Association

Case Summary

Case ID 23F-H008-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-11-17
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Amy Hilburn Counsel
Respondent Stetson Valley Owners Association Counsel Melissa Doolan, Esq.

Alleged Violations

A.R.S. § 33-1804 and Article 6.2 of the Bylaws

Outcome Summary

The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to prove a violation of A.R.S. § 33-1804(A) because the Architectural Review Committee (ARC) had ceased holding regularly scheduled meetings since March 2022, thereby negating the statutory requirement that such committee meetings must be open to members.

Why this result: The ARC successfully argued that A.R.S. § 33-1804(A) only mandates open access for 'any regularly scheduled committee meetings.' Since they transitioned to using an online portal on an irregular schedule, they were no longer holding 'regularly scheduled meetings,' meaning the statute did not require them to be open.

Key Issues & Findings

Failure of Architectural Review Committee (ARC) to hold open meetings where members can comment prior to a vote.

Petitioner alleged the Architectural Review Committee (ARC) was violating A.R.S. § 33-1804 (open meetings statute) by failing to hold open meetings, particularly after the ARC began processing requests using an online portal which allows for discussion and voting among members outside of noticed meetings. Historically, the ARC held regularly scheduled meetings on the first Tuesday of every month until March 2022. The ALJ ultimately ruled that since March 2022, the ARC was not holding 'regularly scheduled committee meetings' as defined by the statute.

Orders: Petitioner’s Petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1804(A)
  • A.R.S. § 32-2199
  • Article 6.2 of the Bylaws
  • 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. § 41-1092.09
  • A.R.S. § 32-2199.02(B)
  • A.R.S. § 32-2199.04

Analytics Highlights

Topics: HOA Open Meeting Law, Architectural Review Committee (ARC), Regularly Scheduled Meetings, Online Portal, Statutory Interpretation
Additional Citations:

  • A.R.S. § 33-1804(A)
  • Article 6.2 of the Bylaws

Audio Overview

Decision Documents

23F-H008-REL Decision – 1005178.pdf

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23F-H008-REL Decision – 1013302.pdf

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