Jeffrey Connell & Corey Cox v. Casa Del Monte, INC.

Case Summary

Case ID 24F-H024-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-05-20
Administrative Law Judge Jenna Clark
Outcome none
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Jeffrey Connell & Corey Cox Counsel Ross Meyer, Esq.
Respondent Casa Del Monte, Inc. Counsel Solomon Krotzer, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1248

Outcome Summary

The Administrative Law Judge denied the Petitioners' petition, concluding they failed to meet their burden of proving a violation of ARIZ. REV. STAT. § 33-1248 regarding the May 19, 2023, Executive Board Meeting.

Why this result: Petitioners failed to prove the statutory violation by a preponderance of the evidence, as the Executive Session was deemed appropriate for receiving legal advice or conducting discussion related thereto, which falls under ARIZ. REV. STAT. § 33-1248(A)(1).

Key Issues & Findings

Alleged violation of open meeting law concerning Executive Board Meeting on May 19, 2023

Petitioners alleged the Association violated ARS § 33-1248 by improperly conducting business (Code of Conduct review and vote on minutes) in a closed Executive Session on May 19, 2023, and by failing to provide 48-hour notice.

Orders: Petitioners' petition was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)

Analytics Highlights

Topics: HOA Open Meeting Law, Executive Session, Legal Advice Exception, Code of Conduct, Burden of Proof, Condominium Association Statute, Filing Fee
Additional Citations:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. § 33-1248(A)(1)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.

Decision Documents

24F-H024-REL Decision – 1138580.pdf

Uploaded 2025-10-09T03:43:21 (54.3 KB)

24F-H024-REL Decision – 1144884.pdf

Uploaded 2025-10-09T03:43:22 (50.1 KB)

24F-H024-REL Decision – 1146526.pdf

Uploaded 2025-10-09T03:43:22 (61.9 KB)

24F-H024-REL Decision – 1161533.pdf

Uploaded 2025-10-09T03:43:22 (48.9 KB)

24F-H024-REL Decision – 1179547.pdf

Uploaded 2025-10-09T03:43:22 (132.9 KB)

Keith D Smith v. Sierra Foothills Condominium Association

Case Summary

Case ID 21F-H2120003-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-06-03
Administrative Law Judge Thomas Shedden
Outcome none
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Keith D Smith Counsel
Respondent Sierra Foothills Condominium Association Counsel

Alleged Violations

CC&R section 7.1(C)
ARIZ. REV. STAT. section 33-1248

Outcome Summary

The Petitioner's petition, alleging violations of CC&R section 7.1(C) and ARIZ. REV. STAT. section 33-1248, was dismissed because the Petitioner failed to meet the burden of proof on both alleged violations.

Why this result: The Petitioner failed to provide substantial evidence to support either the alleged open meeting law violation or the claim that the monument sign rule was unreasonable/discriminatory.

Key Issues & Findings

Board authority to adopt rules that allegedly unreasonably discriminate among Owners regarding monument sign usage

Petitioner alleged the Association's rule limiting the monument sign use to only Building B units was an unreasonable and discriminatory violation of CC&R 7.1(C) and 6.26(a). The ALJ found the limitation reasonable because Building A units have street frontage available for signage, while Building B units do not.

Orders: Petitioner failed to prove the Association violated CC&R section 7.1(C) because the limitation was reasonable. CC&R section 6.26 only applies to Article 6 and was not violated.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. ADMIN. CODE § R2-19-119
  • CC&R section 7.1(C)
  • CC&R section 6.26(a)

Alleged open meeting law violation regarding adoption of the monument sign rule

Petitioner alleged the Board members communicated via email and reached their decision prior to the June 10, 2020 meeting, calling for a vote without discussion, violating open meeting laws. The ALJ found the claim unsubstantiated, noting that discussion did occur and no evidence (emails) was provided.

Orders: Petitioner did not prove the Association violated ARIZ. REV. STAT. section 33-1248. The petition was dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. ADMIN. CODE § R2-19-115

Analytics Highlights

Topics: condominium, signage dispute, common elements, rules and regulations, open meeting law, discrimination
Additional Citations:

  • ARIZ. REV. STAT. § 33-1248
  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • ARIZ. REV. STAT. § 41-1092.07(F)(6)
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.07(F)(1)
  • ARIZ. ADMIN. CODE § R2-19-115

Audio Overview

Decision Documents

21F-H2120003-REL-RHG Decision – 885949.pdf

Uploaded 2025-10-09T03:35:50 (143.3 KB)