Case Summary
| Case ID | 21F-H2121051-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-01-03 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | none |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Clifford (Norm) Burnes | Counsel | — |
|---|---|---|---|
| Respondent | Saguaro Crest Homeowners Association, Inc. | Counsel | John Crotty |
Alleged Violations
ARIZ. REV STAT. 33-1804
Outcome Summary
The ALJ dismissed the Petitioner's complaint, finding that the Respondent HOA did not violate the open meeting law (A.R.S. § 33-1804) because the action was taken without a meeting via unanimous written consent as authorized by A.R.S. § 10-3821.
Why this result: The Petitioner did not meet the burden of proof to show that the alleged violation occurred, as the board acted without holding a formal meeting.
Key Issues & Findings
Violation of open meeting law by taking action via unanimous written consent
Petitioner alleged that the Board of Directors violated the open meeting law (A.R.S. § 33-1804) on May 3, 2020, by taking two actions using unanimous written consent of the Board members, which the Respondent claimed was permissible under A.R.S. § 10-3821 as action without a meeting.
Orders: Petitioner's petition is dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV STAT. 33-1804
- ARIZ. REV STAT. 10-3821
Analytics Highlights
- ARIZ. REV STAT. 33-1804
- ARIZ. REV STAT. 10-3821
- ARIZ. REV. STAT. 32-2199
- ARIZ. REV. STAT. 32-2199.02(A)
- ARIZ. REV. STAT. 41-1092.08
- ARIZ. ADMIN. CODE R2-19-119
- ARIZ. REV. STAT. 10-3701(F)
- ARIZ. REV. STAT. 10-3071