Case Summary
| Case ID | 24F-H030-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-04-23 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Michael J Morris | Counsel | — |
|---|---|---|---|
| Respondent | StarPass Master Homeowner Association, Inc. | Counsel | — |
Alleged Violations
A.R.S. § 33-1804(B)
Outcome Summary
Petitioner was deemed the prevailing party based on the finding that Respondent violated A.R.S. § 33-1804(B) by failing to hold required annual meetings of the Association’s members since 2010. Respondent was ordered to refund the $500 filing fee and comply with A.R.S. § 33-1804. Petitioner failed to establish the remaining alleged violations concerning the Declarant's right to appoint the Board or violations of A.R.S. §§ 33-1810 and 33-1817, or most CC&R sections.
Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated A.R.S. §§ 33-1810 and 33-1817, or the cited sections of the CC&Rs or Bylaws related to the Declarant's power to appoint the board.
Key Issues & Findings
Declarant control, board appointment without vote or meeting, and failure to hold annual meetings
Petitioner alleged Respondent violated multiple statutes and governing documents by allowing the Declarant to solely appoint the Board of Directors and failing to hold annual meetings. The Administrative Law Judge found that the Respondent violated A.R.S. § 33-1804(B) by failing to notice or hold annual members meetings since 2010. All other alleged violations were not established.
Orders: Respondent ordered to pay Petitioner his filing fee of $500.00 and directed to comply with the requirements of A.R.S. § 33-1804 going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- A.R.S. § 33-1804
- A.R.S. § 33-1810
- A.R.S. § 33-1817
- Bylaw Article Section 1
- CC&Rs Article 3 Section 2(b)
- CC&Rs Article 3 Section 5
- CC&Rs Article 11 Section 8
Analytics Highlights
- A.R.S. § 33-1804
- A.R.S. § 33-1810
- A.R.S. § 33-1817
- Bylaw Article Section 1
- CC&Rs Article 3 Section 2(b)
- CC&Rs Article 3 Section 5
- CC&Rs Article 11 Section 8