Case Summary
| Case ID | 23F-H020-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-02-17 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | total |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $500.00 |
Parties & Counsel
| Petitioner | Daniel Mayer | Counsel | — |
|---|---|---|---|
| Respondent | Scottsdale North Homeowners Association, Inc. | Counsel | — |
Alleged Violations
A.R.S. § 33-1812
Outcome Summary
The Petitioner was deemed the prevailing party after establishing that the Respondent HOA violated A.R.S. § 33-1812 by improperly combining two separate expenditure proposals (roadway preservation and gate replacement) into a single vote on a ballot, failing to provide an opportunity to vote on each action separately. Respondent was ordered to refund the $500.00 filing fee and pay a $500.00 civil penalty.
Key Issues & Findings
Combining two separate proposed actions into a single vote action on a ballot.
The Respondent HOA combined two separate proposed expenditures ($30,000 total for roadway asset preservation and common area gate replacement) into one vote on a ballot sent to homeowners, violating statutory requirements that each proposed action must be voted upon separately.
Orders: Respondent must abide by A.R.S. § 33-1812; Respondent must refund the Petitioner's $500.00 filing fee; Respondent must pay a $500.00 civil penalty to the Department of Real Estate.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00
Disposition: petitioner_win
- A.R.S. § 33-1812
- A.R.S. § 10-3708
- A.R.S. § 33-1812(A)(1)
Analytics Highlights
- A.R.S. § 33-1812
- A.R.S. § 10-3708
- A.R.S. § 32-2199
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092.07
- A.R.S. § 41-1092.09
- A.A.C. R2-19-119