Case Summary
| Case ID | 20F-H2020061-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-09-03 |
| Administrative Law Judge | Jenna Clark |
| Outcome | loss |
| Filing Fees Refunded | $2,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Samuel T Paparazzo | Counsel | — |
|---|---|---|---|
| Respondent | Coronado Ranch Community Association | Counsel | Mark Stahl, Esq. |
Alleged Violations
ARIZ. REV. STAT. §§ 33-1804(A), 33-1804(B), 33-1804(F), and Association bylaws 2.3, 2.7, and 3.1
Outcome Summary
The Administrative Law Judge concluded that the Respondent HOA acted within the scope of its statutory authority during its April 02, 2020, annual meeting and elections, and denied the Petitioner's petition for failure to sustain the burden of proof regarding alleged statutory and bylaw violations.
Why this result: The ALJ found that notice of the meeting modification (to an online platform due to COVID-19) was timely and proper, and Petitioner's claimed denial of the right to speak was the result of user error of the online platform, not action by the Association. Furthermore, the decision to hold elections for all five open Board positions was deemed appropriate due to carryover vacancies resulting from a lack of quorum in the prior year (2019).
Key Issues & Findings
Alleged violations regarding Annual Meeting notice (change in venue), right to speak, proper call to order, and staggered board voting.
Petitioner filed a quadruple-issue petition alleging the Association violated statutes and bylaws concerning the April 02, 2020, annual meeting, specifically regarding insufficient notice for the venue change (due to COVID-19), denial of the right to speak (via online chat), improper chair delegation, and failure to stagger Board elections.
Orders: Petitioner’s petition is denied.
Filing fee: $2,000.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. § 33-1804(A)
- ARIZ. REV. STAT. § 33-1804(B)
- ARIZ. REV. STAT. § 33-1804(F)
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. ADMIN. CODE R4-9-117
- Tierra Ranchos Homeowners Ass'n v. Kitchukov
Analytics Highlights
- ARIZ. REV. STAT. § 33-1804(A)
- ARIZ. REV. STAT. § 33-1804(B)
- ARIZ. REV. STAT. § 33-1804(F)
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 32-2199.02
- ARIZ. ADMIN. CODE R4-9-117