Tag Archives: A.R.S. § 33-1258

Debbie Westerman v. Bridgewood Nine 30 Homeowners Association

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Case Summary

Case ID 25F-H029-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-03-12
Administrative Law Judge Samuel Fox
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debbie Westerman Counsel —
Respondent Bridgewood Nine 30 Homeowners Association Counsel Mark Lines

Alleged Violations

A.R.S. § 33-1258

Outcome Summary

The ALJ found that the documents Petitioner requested—specifically bills issued by Respondent’s counsel—were privileged communications under A.R.S. § 33-1258(B)(1). Because these documents were subject to the statutory exception, the Petitioner failed to meet her burden of proof that the Respondent violated the records request statute. Respondent was deemed the prevailing party.

Why this result: Petitioner failed to establish a violation because the requested records fell under the attorney-client privilege exception defined in A.R.S. § 33-1258(B).

Key Issues & Findings

Alleged violation of member's right to examine financial records regarding legal fees.

Petitioner sought statements from the HOA's law firm (Shaw and Lines) from 2015 onward, specifically seeking the numerical amounts paid in legal fees. The HOA failed to respond within ten business days. The HOA argued the requested bills were privileged communications and therefore exempt from disclosure under A.R.S. § 33-1258(B)(1).

Orders: Respondent was deemed the prevailing party in this matter.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(B)(1)

Analytics Highlights

Topics: records request, HOA records, condominium act, privileged communication, attorney-client privilege, legal fees
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(B)(1)

Decision Documents

25F-H029-REL Decision – 1282218.pdf

Uploaded 2025-10-09T03:45:02 (95.6 KB)

Lisa Marx v. Tara Condominium Association

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Case Summary

Case ID 24F-H054-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-09-20
Administrative Law Judge Kay A. Abramsohn
Outcome partial
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Lisa Marx Counsel —
Respondent Tara Condominium Association Counsel —

Alleged Violations

A.R.S. § 33-1258(A)
A.R.S. § 33-1248 (A), (D), (E), and (F); and Tara CC&Rs Section 9(E)

Outcome Summary

Petitioner prevailed on the 'Records' issue (A.R.S. § 33-1258), resulting in a $500.00 filing fee reimbursement. Respondent prevailed on the 'Example 13' issue (A.R.S. § 33-1248 and CC&Rs § 9(E)).

Why this result: The Administrative Law Judge concluded that Petitioner failed to sustain her burden regarding the Open Meeting Law allegations, finding that TARA conducted meetings in compliance and the specific volunteer work referenced was not statutorily or contractually required to be placed on an agenda for formal action.

Key Issues & Findings

Records Access Violation

TARA failed to timely provide access to TARA HOA records it possessed, violating the ten business day fulfillment requirement for examination requests.

Orders: TARA was ordered to reimburse Petitioner $500.00.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(A)

Open Meeting Law Violation (Example 13)

Petitioner alleged open meeting violations concerning volunteer work and projects not placed on agendas or formally voted upon by the board (Example 13).

Orders: Petitioner's Petition was dismissed as to alleged violations of A.R.S. § 33-1248(A), (D), (E), and (F) and/or Tara CC&Rs Section 9(E).

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1248(A)
  • A.R.S. § 33-1248(D)
  • A.R.S. § 33-1248(E)
  • A.R.S. § 33-1248(F)
  • Tara CC&Rs Section 9(E)

Analytics Highlights

Topics: HOA Records, Open Meeting Law, Partial Victory, Filing Fee Reimbursement, Condominium Association
Additional Citations:

  • A.R.S. § 32-2199
  • A.R.S. § 32-2199.01
  • A.R.S. § 32-2199.02
  • A.R.S. § 32-2199.04
  • A.R.S. § 32-2199.05
  • A.R.S. § 33-1248
  • A.R.S. § 33-1258
  • A.R.S. § 33-1801 et seq.
  • A.R.S. § 41-1092.09
  • Tara CC&Rs Section 9(E)

Decision Documents

24F-H054-REL Decision – 1212274.pdf

Uploaded 2025-10-09T03:44:27 (70.4 KB)

24F-H054-REL Decision – 1212281.pdf

Uploaded 2025-10-09T03:44:28 (12.4 KB)

24F-H054-REL Decision – 1216809.pdf

Uploaded 2025-10-09T03:44:28 (50.9 KB)

24F-H054-REL Decision – 1225818.pdf

Uploaded 2025-10-09T03:44:28 (168.1 KB)

24F-H054-REL Decision – 1226250.pdf

Uploaded 2025-10-09T03:44:28 (41.9 KB)

Keith W. Cunningham v. The Residences at 2211 Camelback Condominium

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Case Summary

Case ID 24F-H008-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-01-11
Administrative Law Judge Tammy L. Eigenheer
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Keith W. Cunningham Counsel —
Respondent The Residences at 2211 Camelback Condominium Association, INC Counsel Allison Preston

Alleged Violations

A.R.S. § 33-1258
CC&Rs Section 8.1.1

Outcome Summary

The petition was granted, finding Respondent violated A.R.S. § 33-1258 regarding records access and Section 8.1.1 of the CC&Rs regarding required property and general liability insurance limits. Respondent was ordered to comply with both going forward and reimburse the $1,000 filing fee.

Key Issues & Findings

Failure to provide or make reasonably available requested financial records and documents for examination

The Association failed to make requested financial records and vendor contracts (Epic Valet, FSR) reasonably available for examination within the ten business day statutory timeframe following requests on July 10 and July 24, 2023.

Orders: Respondent is ordered to comply with A.R.S. § 33-1258 going forward.

Filing fee: $1,000.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258

Violation of CC&Rs regarding required insurance coverage limits

The Association failed to maintain property insurance equal to 100% of the replacement cost (appraised at $73,000,000, but insured for $59,000,000). Additionally, general liability coverage of $1,000,000 per occurrence was below the CC&R required $3,000,000 limit.

Orders: Respondent is ordered to comply with Section 8.1.1 of the CC&Rs going forward.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_win

Cited:

  • CC&Rs Section 8.1.1

Analytics Highlights

Topics: records request, insurance coverage, condominium association, governing documents
Additional Citations:

  • A.R.S. § 33-1258
  • CC&Rs Section 8.1.1

Decision Documents

24F-H008-REL Decision – 1099767.pdf

Uploaded 2025-10-09T03:42:50 (46.1 KB)

24F-H008-REL Decision – 1101587.pdf

Uploaded 2025-10-09T03:42:50 (49.0 KB)

24F-H008-REL Decision – 1119643.pdf

Uploaded 2025-10-09T03:42:51 (47.5 KB)

24F-H008-REL Decision – 1121917.pdf

Uploaded 2025-10-09T03:42:51 (39.3 KB)

24F-H008-REL Decision – 1132963.pdf

Uploaded 2025-10-09T03:42:51 (188.5 KB)

24F-H008-REL Decision – 1149691.pdf

Uploaded 2025-10-09T03:42:51 (39.1 KB)

M&T Properties LLC v. Kivas Uno Homeowners’ Association

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Case Summary

Case ID 22F-H2222060-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-09-06
Administrative Law Judge Tammy L. Eigenheer
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner M&T Properties LLC Counsel Lucas Thomas, Owner
Respondent Kivas Uno Homeowners’ Association Counsel David Rivandi, Director

Alleged Violations

Section 6.7 of the First Amendment to the Amended and Restated Declaration of Condominium and of Covenants, Conditions and Restrictions for Kivas Uno Condominium

Outcome Summary

The Petitioner prevailed on the singular issue raised: Respondent (HOA) was found to be in violation of Section 6.7 of the CC&Rs for failing to retain a duly licensed property management agent at the time the petition was filed. The HOA was ordered to reimburse the $500 filing fee and comply with the CC&Rs moving forward. No civil penalty was imposed.

Key Issues & Findings

Professional Management

Respondent (HOA) acknowledged that as of the date the Petition was filed (June 6, 2022), it did not retain or maintain a Managing Agent who is duly licensed by the State of Arizona as a property manager, which violated Section 6.7 of the CC&Rs.

Orders: Respondent was ordered to reimburse Petitioner the $500.00 filing fee and was directed to comply with the requirements of Section 6.7 of the CC&Rs going forward.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

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

Analytics Highlights

Topics: CCNR violation, Property Management, Filing Fee Refund, No Civil Penalty
Additional Citations:

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

Audio Overview

Decision Documents

22F-H2222060-REL Decision – 997254.pdf

Uploaded 2025-10-09T03:39:33 (87.5 KB)

Roberta J Stevenson-McDemott v. Four Palms Homeowners

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Case Summary

Case ID 22F-H2222033-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-07-08
Administrative Law Judge Adam D. Stone
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Roberta J Stevenson-McDermott Counsel —
Respondent Four Palms Homeowners Counsel Araceli Rodriguez

Alleged Violations

A.R.S. § 33-1258

Outcome Summary

The petition was denied because the Petitioner failed to meet her burden of proving a violation of A.R.S. § 33-1258, as she had not made a proper written request for the documents since 2019, as required by the statute.

Why this result: Petitioner failed to make a request for records in writing as required by A.R.S. § 33-1258.

Key Issues & Findings

Access to Association Financial and Other Records

Petitioner alleged the HOA violated A.R.S. § 33-1258 by denying her access and copies of various financial records dating back to 2016. The HOA argued they provided financial summaries and offered in-person review, noting Petitioner failed to make a proper written request.

Orders: Petition denied. Respondent is directed to comply with A.R.S. § 33-1258 going forward upon a proper written request from Petitioner.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

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

Analytics Highlights

Topics: Financial Records, Written Request Requirement, HOA Governance, Condominium Act
Additional Citations:

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

Audio Overview

Decision Documents

22F-H2222033-REL Decision – 967350.pdf

Uploaded 2025-10-09T03:38:53 (46.5 KB)

22F-H2222033-REL Decision – 982397.pdf

Uploaded 2025-10-09T03:38:53 (99.3 KB)

Jeffrey D Points v. Olive 66 Condominium Association

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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)

Nancy L Babington v. Park Scottsdale II Townhouse Corporation

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Case Summary

Case ID 20F-H2020064-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-24
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $2,500.00

Parties & Counsel

Petitioner Nancy L. Babington Counsel —
Respondent Park Scottsdale II Townhouse Corporation Counsel Mark K. Sahl and Scott B. Carpenter

Alleged Violations

A.R.S. § 33-1258(A)

Outcome Summary

Following a rehearing based on newly discovered evidence, the Administrative Law Judge found that Respondent violated A.R.S. § 33-1258(A) by failing to timely provide records it possessed. Respondent was ordered to reimburse the Petitioner $500.00 for the filing fee and pay a $2,500.00 civil penalty to the Department of Real Estate.

Key Issues & Findings

Failure to make association financial and other records reasonably available for examination/provide copies within ten business days.

Petitioner alleged Respondent violated A.R.S. § 33-1258 by failing to provide requested records (including bank statements and contracts) following a formal request on May 1, 2020. The Administrative Law Judge, in the rehearing, found that the evidence showed Respondent was in possession of bank statements and two signed contracts at the time of the request, contradicting prior testimony, thereby establishing a violation of the statute.

Orders: Respondent was ordered to pay Petitioner $500.00 for the filing fee reimbursement and pay a civil penalty of $2,500.00 to the Department of Real Estate, both payments due within 30 days.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $2,500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA records request, A.R.S. 33-1258, Rehearing, Civil Penalty, Possession of Records
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

20F-H2020064-REL-RHG Decision – 866802.pdf

Uploaded 2025-10-09T03:35:34 (123.5 KB)

Nancy L Babington v. Park Scottsdale II Townhouse Corporation

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Case Summary

Case ID 20F-H2020064-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-24
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $2,500.00

Parties & Counsel

Petitioner Nancy L. Babington Counsel —
Respondent Park Scottsdale II Townhouse Corporation Counsel Mark K. Sahl and Scott B. Carpenter

Alleged Violations

A.R.S. § 33-1258(A)

Outcome Summary

Following a rehearing based on newly discovered evidence, the Administrative Law Judge found that Respondent violated A.R.S. § 33-1258(A) by failing to timely provide records it possessed. Respondent was ordered to reimburse the Petitioner $500.00 for the filing fee and pay a $2,500.00 civil penalty to the Department of Real Estate.

Key Issues & Findings

Failure to make association financial and other records reasonably available for examination/provide copies within ten business days.

Petitioner alleged Respondent violated A.R.S. § 33-1258 by failing to provide requested records (including bank statements and contracts) following a formal request on May 1, 2020. The Administrative Law Judge, in the rehearing, found that the evidence showed Respondent was in possession of bank statements and two signed contracts at the time of the request, contradicting prior testimony, thereby establishing a violation of the statute.

Orders: Respondent was ordered to pay Petitioner $500.00 for the filing fee reimbursement and pay a civil penalty of $2,500.00 to the Department of Real Estate, both payments due within 30 days.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $2,500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA records request, A.R.S. 33-1258, Rehearing, Civil Penalty, Possession of Records
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

20F-H2020064-REL-RHG Decision – 866802.pdf

Uploaded 2025-10-08T07:12:50 (123.5 KB)

Nancy L Babington v. Park Scottsdale II Townhouse Corporation

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Case Summary

Case ID 20F-H2020064-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-24
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $2,500.00

Parties & Counsel

Petitioner Nancy L. Babington Counsel —
Respondent Park Scottsdale II Townhouse Corporation Counsel Mark K. Sahl and Scott B. Carpenter

Alleged Violations

A.R.S. § 33-1258(A)

Outcome Summary

Following a rehearing based on newly discovered evidence, the Administrative Law Judge found that Respondent violated A.R.S. § 33-1258(A) by failing to timely provide records it possessed. Respondent was ordered to reimburse the Petitioner $500.00 for the filing fee and pay a $2,500.00 civil penalty to the Department of Real Estate.

Key Issues & Findings

Failure to make association financial and other records reasonably available for examination/provide copies within ten business days.

Petitioner alleged Respondent violated A.R.S. § 33-1258 by failing to provide requested records (including bank statements and contracts) following a formal request on May 1, 2020. The Administrative Law Judge, in the rehearing, found that the evidence showed Respondent was in possession of bank statements and two signed contracts at the time of the request, contradicting prior testimony, thereby establishing a violation of the statute.

Orders: Respondent was ordered to pay Petitioner $500.00 for the filing fee reimbursement and pay a civil penalty of $2,500.00 to the Department of Real Estate, both payments due within 30 days.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $2,500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA records request, A.R.S. 33-1258, Rehearing, Civil Penalty, Possession of Records
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

20F-H2020064-REL Decision – 823263.pdf

Uploaded 2025-10-09T03:35:33 (108.6 KB)

Nancy L Babington v. Park Scottsdale II Townhouse Corporation

Posted on by

Case Summary

Case ID 20F-H2020064-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-03-24
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $2,500.00

Parties & Counsel

Petitioner Nancy L. Babington Counsel —
Respondent Park Scottsdale II Townhouse Corporation Counsel Mark K. Sahl and Scott B. Carpenter

Alleged Violations

A.R.S. § 33-1258(A)

Outcome Summary

Following a rehearing based on newly discovered evidence, the Administrative Law Judge found that Respondent violated A.R.S. § 33-1258(A) by failing to timely provide records it possessed. Respondent was ordered to reimburse the Petitioner $500.00 for the filing fee and pay a $2,500.00 civil penalty to the Department of Real Estate.

Key Issues & Findings

Failure to make association financial and other records reasonably available for examination/provide copies within ten business days.

Petitioner alleged Respondent violated A.R.S. § 33-1258 by failing to provide requested records (including bank statements and contracts) following a formal request on May 1, 2020. The Administrative Law Judge, in the rehearing, found that the evidence showed Respondent was in possession of bank statements and two signed contracts at the time of the request, contradicting prior testimony, thereby establishing a violation of the statute.

Orders: Respondent was ordered to pay Petitioner $500.00 for the filing fee reimbursement and pay a civil penalty of $2,500.00 to the Department of Real Estate, both payments due within 30 days.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $2,500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Analytics Highlights

Topics: HOA records request, A.R.S. 33-1258, Rehearing, Civil Penalty, Possession of Records
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 32-2199.02
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

20F-H2020064-REL Decision – 823263.pdf

Uploaded 2025-10-08T07:12:47 (108.6 KB)