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
- 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
- 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