Tag Archives: ARIZ. REV. STAT. § 33-1805

Tom Barrs vs Desert Ranch Homeowners Association

Posted on by

Case Summary

Case ID 25F-H2222050-REL-RMD
Agency ADRE
Tribunal OAH
Decision Date 2025-04-01
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $25.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules, Esq.
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge Decision granted the remanded petition based on the parties' stipulation that the Respondent Homeowners Association violated ARIZ. REV. STAT. § 33-1805 by failing to timely provide the membership roster. The ALJ ordered Respondent to reimburse the Petitioner $500.00 for the filing fee and assessed a civil penalty of $25.00 against Respondent. All other respects of the previous ALJ Decision issued February 21, 2023, remain unchanged.

Key Issues & Findings

Failure to timely provide full membership roster

The remanded issue concerned whether Respondent failed to timely fulfill records requests, specifically a full roster of Association Member names and corresponding property addresses, in violation of ARS § 33-1805. The parties stipulated that a violation of ARS § 33-1805 occurred.

Orders: Petitioner's remanded petition was granted. Respondent was ordered to reimburse Petitioner $500.00 for the filing fee and pay a $25.00 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $25.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: HOA Records Request, Membership Roster, Records Disclosure, Statutory Violation, Stipulation, Remand
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09(A)(1)

Decision Documents

25F-H2222050-REL-RMD Decision – 1280942.pdf

Uploaded 2025-10-09T03:45:35 (50.9 KB)

25F-H2222050-REL-RMD Decision – 1285833.pdf

Uploaded 2025-10-09T03:45:35 (107.0 KB)

25F-H2222050-REL-RMD Decision – 1286292.pdf

Uploaded 2025-10-09T03:45:36 (21.7 KB)

25F-H2222050-REL-RMD Decision – 1288559.pdf

Uploaded 2025-10-09T03:45:36 (149.2 KB)

Teri S. Morcomb & J. Ted Morcomb v. Sierra Tortuga Homeowner’s

Posted on by

Case Summary

Case ID 24F-H015-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-01-03
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Teri S. Morcomb & J. Ted Morcomb Counsel Jeffrey Brie, Esq.
Respondent Sierra Tortuga Homeowner’s Association Counsel Phillip Brown, Esq. and Kelly Oetinger, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

Petitioner met the burden of proof for both alleged violations: violation of the Declaration (not enforcing the 25ft setback) and violation of A.R.S. § 33-1805 (failing to provide documents). The petition was granted, and Respondent was ordered to reimburse the $1,000.00 filing fee.

Key Issues & Findings

Failure to provide documents

Respondent failed to produce documents requested by Petitioner, specifically meeting minutes discussing the investigative report, within the statutory timeframe, violating A.R.S. § 33-1805.

Orders: Respondent was found in violation of A.R.S. § 33-1805 and Declaration Section F. Respondent shall reimburse Petitioner’s filing fee of $1,000.00.

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

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • Declaration Section F

Analytics Highlights

Topics: setback enforcement, document request, HOA governance, filing fee refund, A.R.S. 33-1805
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et al.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. ADMIN. CODE R2-19-119
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 33-1804
  • Declaration Section F

Decision Documents

24F-H015-REL Decision – 1102948.pdf

Uploaded 2025-10-09T03:43:05 (53.9 KB)

24F-H015-REL Decision – 1116083.pdf

Uploaded 2025-10-09T03:43:05 (50.5 KB)

24F-H015-REL Decision – 1129495.pdf

Uploaded 2025-10-09T03:43:06 (148.2 KB)

John R Krahn Living Trust & Janet Krahn Living Trust v. Tonto Forest

Posted on by

Case Summary

Case ID 24F-H013-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-12-19
Administrative Law Judge Brian Del Vecchio
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John R Krahn Living Trust & Janet Krahn Living Trust Counsel —
Respondent Tonto Forest Estates Homeowners Association Counsel —

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge affirmed the Petitioner's petition, finding the Respondent violated ARIZ. REV. STAT. § 33-1805 by failing to provide requested financial records (check registers) within the mandated ten business days. The request for civil penalties was denied, but the Respondent was ordered to reimburse the $500.00 filing fee.

Why this result: Petitioner failed to provide sufficient evidence that Respondent's actions warranted the issuance of civil penalties.

Key Issues & Findings

Failure to provide association financial records (check registers) within 10 business days

Respondent failed to provide the requested check registers within the ten business day statutory requirement for requests made on December 1, 2022, and July 26, 2023. The first request was fulfilled on April 6, 2023, and the second on November 21, 2023.

Orders: The Administrative Law Judge affirmed the petition, concluded Respondent violated ARS § 33-1805, and ordered Respondent to reimburse Petitioner the $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: HOA Records Request, Financial Records, Check Register, Timeliness Violation, Civil Penalties Denied
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 41-1092 et seq.

Decision Documents

24F-H013-REL Decision – 1115590.pdf

Uploaded 2025-10-09T03:43:03 (57.6 KB)

24F-H013-REL Decision – 1125702.pdf

Uploaded 2025-10-09T03:43:03 (127.1 KB)

Deanna Smith v. Moondance Townhomes Homeowners Association

Posted on by

Case Summary

Case ID 23F-H049-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-06-06
Administrative Law Judge Brian Del Vecchio
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Deanna Smith Counsel —
Respondent Moondance Townhomes Homeowners Association Counsel Christina Morgan

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The ALJ affirmed the petition, finding the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide complete financial statements (including balance sheets and statements of cash flows) to the Petitioner upon request. The HOA was ordered to provide the missing financial statements and reimburse the $500 filing fee. A civil penalty was denied.

Key Issues & Findings

Failure to provide association financial records upon member request.

The Petitioner alleged that the Association failed to comply with her request for financial records dated December 15, 2022, pursuant to ARS § 33-1805. The Association provided only Profit & Loss statements on January 12, 2023, but failed to provide other requisite financial documents, such as balance sheets, statements of cash flows, or statements of income, as defined by ARS § 32-701. The failure to fulfill the request for financial statements constituted a violation.

Orders: The petition was affirmed. Respondent was ordered to reimburse the Petitioner's filing fee of $500.00 pursuant to ARIZ. REV. STAT. § 32-2199.02(A). Respondent was ordered to provide financial statements, as defined by ARIZ. REV. STAT. § 32-701, for the months of August 2022 through December 2022 pursuant to ARIZ. REV. STAT. § 33-1805. Petitioner's request for a civil penalty was denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-701
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Financial Records, Statutory Compliance, Record Request Delay, Filing Fee Reimbursement, HOA Board Member
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-701
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • 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.

Audio Overview

Decision Documents

23F-H049-REL Decision – 1062328.pdf

Uploaded 2025-10-09T03:41:46 (149.9 KB)

Quail Creek Villas Association, Inc. v. Randall & Gisela White

Posted on by

Case Summary

Case ID 23F-H042-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-05-09
Administrative Law Judge Jenna Clark
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $100.00

Parties & Counsel

Petitioner Quail Creek Villas Association, Inc. Counsel Michael Shupe, Esq.
Respondent Randall & Gisela White Counsel —

Alleged Violations

CC&Rs Section 3(j)

Outcome Summary

The HOA's petition was granted. Respondents were found to have violated CC&Rs Section 3(j) by installing tile without approval and were ordered to comply with the CC&Rs, reimburse the $500 filing fee, and pay a $100 civil penalty.

Why this result: Respondents admitted to the alleged conduct and failed to establish a sufficient affirmative defense (incomplete CC&Rs) against the violation, as the recorded CC&Rs provided constructive notice of all provisions. Respondents' conduct during testimony was also considered a factor in aggravation.

Key Issues & Findings

Unauthorized exterior modification (tile installation)

Respondents permanently installed tile on their front porch entryway without obtaining prior written approval. The ALJ rejected the Respondents' defense regarding missing CC&R pages, noting the HOA sustained its burden of proving a community document violation by a preponderance of the evidence.

Orders: Respondents must henceforth abide by CC&Rs Section 3(j), reimburse the Petitioner $500.00 for the filing fee, and pay a $100.00 civil penalty to the Department.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $100.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • Federoff v. Pioneer Title & Trust Co., 166 Ariz. 393 (1990)
  • Heritage Heights Home Owners Ass’n v. Esser, 115 Ariz. 330 (App. 1977)
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • Flying Diamond Air Park LLC v. Minenberg, 215 Ariz. 44 (App. 2007)

Analytics Highlights

Topics: CC&R violation, Architectural Review Committee (ALC), exterior modification, tile installation, constructive notice, affirmative defense, HOA maintenance
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • 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.
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1803
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
  • Arpaio v. Steinle, 201 Ariz. 353, 355 ¶ 5, 35 P.3d 114, 116 (App. 2001)
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
  • Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
  • Federoff v. Pioneer Title & Trust Co., 166 Ariz. 393 (1990)
  • Heritage Heights Home Owners Ass’n v. Esser, 115 Ariz. 330 (App. 1977)
  • Flying Diamond Air Park LLC v. Minenberg, 215 Ariz. 44 (App. 2007)

Audio Overview

Decision Documents

23F-H042-REL Decision – 1048063.pdf

Uploaded 2025-10-09T03:41:27 (55.7 KB)

23F-H042-REL Decision – 1055060.pdf

Uploaded 2025-10-09T03:41:27 (219.4 KB)

Donald F. Molley v. Verde Meadows Crest Homeowners Association

Posted on by

Case Summary

Case ID 23F-H007-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-01-20
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Donald F. Molley Counsel —
Respondent Verde Meadows Crest Homeowners Association Counsel Sean K. Moynihan, Esq.

Alleged Violations

Declaration Section 12.B
ARIZ. REV. STAT. § 33-1805

Outcome Summary

Petitioner's entire petition was denied because the Department of Real Estate/OAH lacked statutory jurisdiction over the Association. The Association was found not to meet the statutory definitions of a condominium association or a planned community association because it does not own common areas or real property.

Why this result: OAH determined it lacked jurisdiction pursuant to ARIZ. REV. STAT. §§ 32-2199 et seq., because the Respondent Association is neither a condominium association nor a planned community association (ARIZ. REV. STAT. §§ 33-1202(10) and 33-1802(4)).

Key Issues & Findings

Alleged use of Association funds for maintenance on private property.

Petitioner alleged that the Association used HOA funds for maintenance on private property in violation of Section 12.B of the CC&Rs.

Orders: Petition denied due to lack of OAH jurisdiction.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1202(10)
  • ARIZ. REV. STAT. § 33-1802(4)
  • Declaration Section 12.B

Alleged failure to provide requested financial documents and meeting minutes.

Petitioner requested monthly bank statements and financial reports for 2022, and financial books for 2021, which Respondent allegedly failed to provide in violation of ARS § 33-1805.

Orders: Petition denied due to lack of OAH jurisdiction.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 33-1202(10)
  • ARIZ. REV. STAT. § 33-1802(4)

Analytics Highlights

Topics: jurisdiction, planned_community_act, condominium_act, denial, document_request, maintenance
Additional Citations:

  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 33-1202(10)
  • ARIZ. REV. STAT. § 33-1802(4)
  • Declaration Section 12.B

Audio Overview

Decision Documents

23F-H007-REL Decision – 1006960.pdf

Uploaded 2025-10-09T03:40:07 (46.0 KB)

23F-H007-REL Decision – 1008524.pdf

Uploaded 2025-10-09T03:40:07 (61.8 KB)

23F-H007-REL Decision – 1008675.pdf

Uploaded 2025-10-09T03:40:07 (8.7 KB)

23F-H007-REL Decision – 1010876.pdf

Uploaded 2025-10-09T03:40:07 (51.8 KB)

23F-H007-REL Decision – 1020898.pdf

Uploaded 2025-10-09T03:40:07 (44.8 KB)

23F-H007-REL Decision – 1027131.pdf

Uploaded 2025-10-09T03:40:07 (146.3 KB)

Randall White v. Quail Creek Villas Association Inc

Posted on by

Case Summary

Case ID 23F-H004-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-12-29
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Randall White Counsel —
Respondent Quail Creek Villas Association Inc. Counsel Carolyn Goldschmidt

Alleged Violations

ARIZ. REV. STAT. § 10-3842; Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2

Outcome Summary

The ALJ denied the petition because the Petitioner failed to prove by a preponderance of the evidence that the Respondent violated community documents or statutes. The ALJ noted that Petitioner lacked the authority to request the inspection on behalf of the HOA, and one primary statute cited (ARS § 10-3842) was inapplicable/outside jurisdiction.

Why this result: Petitioner failed to meet the burden of proof regarding the alleged statutory and community document violations. The ALJ found Petitioner lacked the authority to act for the Association, and the inspection had not yet commenced when directed to stop.

Key Issues & Findings

Alleged interference with wildfire risk assessment

Petitioner alleged Respondent stopped the Green Valley Fire Department's in-progress wildfire risk assessment, interfering with the assessment and failing to act in good faith or in the best interests of the Corporation.

Orders: Petitioner's petition was denied. All pending post-hearing motions were denied as moot.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 33-1805
  • Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2

Analytics Highlights

Topics: HOA dispute, wildfire risk, homeowner authority, jurisdiction, planned community
Additional Citations:

  • ARIZ. REV. STAT. § 10-3842
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1802
  • ARIZ. REV. STAT. § 33-1805
  • Quail Creek Villas Association Inc. Bylaws Art. III Sec. 2
  • ARIZ. ADMIN. CODE R2-19-119

Audio Overview

Decision Documents

23F-H004-REL Decision – 1002376.pdf

Uploaded 2025-10-09T03:40:00 (40.8 KB)

23F-H004-REL Decision – 1002517.pdf

Uploaded 2025-10-09T03:40:00 (5.8 KB)

23F-H004-REL Decision – 1014952.pdf

Uploaded 2025-10-09T03:40:00 (45.6 KB)

23F-H004-REL Decision – 1020817.pdf

Uploaded 2025-10-09T03:40:00 (55.1 KB)

23F-H004-REL Decision – 1022445.pdf

Uploaded 2025-10-09T03:40:00 (170.8 KB)

Robert C. Ochs v. The Camelview Greens Homeowners Association

Posted on by

Case Summary

Case ID 22F-H2222048-REL
Agency ADRE
Tribunal OAH
Decision Date 2022-10-04
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Robert C. Ochs Counsel —
Respondent The Camelview Greens Homeowners Association Counsel Ashley Moscarello, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805 A

Outcome Summary

The Administrative Law Judge denied the petition, finding that the Petitioner failed to prove the Association violated ARIZ. REV. STAT. § 33-1805, concluding that the requested materials lists and specifications were not 'financial and other records of the association' that the HOA was legally required to possess and provide within 10 business days.

Why this result: Petitioner failed to sustain the burden of proof that the Respondent violated the records request statute.

Key Issues & Findings

Alleged violation of records request statute (failure to timely provide materials lists/specifications related to roof replacement/repairs).

Petitioner requested materials lists and specifications regarding recent (Sept 2021) and past (since 1986) roof work on February 27, 2022. The Association provided a scope of work document from the vendor on May 11, 2022, after the petition was filed. The ALJ determined the requested documents were not established to be 'financial and other records of the association' as contemplated by the statute, and TMT was not in possession of them at the time of the request.

Orders: Petitioner's petition and request for a civil penalty were denied. Respondent was not ordered to reimburse Petitioner's filing fee.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1805 A
  • ARIZ. REV. STAT. § 32-2199.02 A
  • ARIZ. REV. STAT. § 32-2199.05

Analytics Highlights

Topics: HOA records request, Planned Community Act, Roof Repair/Replacement, Condominium, Burden of Proof
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199(2)
  • ARIZ. REV. STAT. § 32-2199.01(A)
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09

Decision Documents

22F-H2222048-REL Decision – 1003691.pdf

Uploaded 2025-10-09T03:39:23 (160.6 KB)

22F-H2222048-REL Decision – 979940.pdf

Uploaded 2025-10-09T03:39:23 (49.4 KB)

22F-H2222048-REL Decision – 979959.pdf

Uploaded 2025-10-09T03:39:23 (7.1 KB)

22F-H2222048-REL Decision – 985762.pdf

Uploaded 2025-10-09T03:39:23 (52.8 KB)

22F-H2222048-REL Decision – 986375.pdf

Uploaded 2025-10-09T03:39:23 (52.8 KB)

Sandra Swanson & Robert Barnes v. Circle G Ranches 4 Homeowners

Posted on by

Case Summary

Case ID 21F-H2120020-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2022-02-02
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Sandra Swanson & Robert Barnes Counsel Kristin Roebuck Bethell, Esq.
Respondent Circle G Ranches 4 Homeowners Association Counsel Samantha Cote, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge denied the Petitioners' petition, concluding they failed to prove by a preponderance of the evidence that the Homeowners Association violated ARIZ. REV. STAT. § 33-1805 regarding the availability of voting records.

Why this result: Petitioners failed to demonstrate that the HOA violated the statute through its NDA request or its method of providing the records (redacted ballots and separate unredacted envelopes) and failed to prove the records were not made reasonably available within the required statutory time frame.

Key Issues & Findings

Failure to comply with voting records request (regarding assessment and cumulative voting records)

Petitioners alleged the Association violated ARIZ. REV. STAT. § 33-1805 by requiring an NDA and providing redacted ballots and separate unredacted envelopes, which prevented Petitioners from cross-referencing votes with voters. Respondent argued it timely provided the totality of the requested information and that the manner of delivery did not violate the statute.

Orders: Petitioners' petition is denied.

Filing fee: $0.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.08(H)
  • ARIZ. REV. STAT. § 12-904(A)
  • ARIZ. ADMIN. CODE R2-19-119

Analytics Highlights

Topics: Records Request, HOA Governance, Statute Violation, Voting Records, Non-Disclosure Agreement (NDA)
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805

Audio Overview

Decision Documents

21F-H2120020-REL-RHG Decision – 944169.pdf

Uploaded 2025-10-09T03:36:24 (184.1 KB)

21F-H2120020-REL-RHG Decision – 944171.pdf

Uploaded 2025-10-09T03:36:25 (184.1 KB)





Briefing Doc – 21F-H2120020-REL-RHG


Briefing Document: Swanson & Barnes v. Circle G Ranches 4 HOA

Executive Summary

This document synthesizes the findings from the Administrative Law Judge (ALJ) Decision in case number 21F-H2120020-REL-RHG, a dispute between homeowners Sandra Swanson & Robert Barnes (“Petitioners”) and the Circle G Ranches 4 Homeowners Association (“Respondent”). The core issue was whether the Association violated Arizona Revised Statutes (ARIZ. REV. STAT.) § 33-1805 by its handling of the Petitioners’ request for voting records.

The Petitioners alleged the Association failed to make records “reasonably available” by providing redacted ballots and separate, unredacted envelopes, a method that prevented them from matching specific votes to individual homeowners. They argued this, along with an initial request to sign a nondisclosure agreement (NDA), constituted an unlawful barrier to access.

The Association countered that it had a duty to balance the Petitioners’ request with the privacy and safety of its members, citing concerns about potential harassment. It argued that by providing the totality of the requested information—albeit in a separated format—it fulfilled its statutory obligations in a reasonable manner and within the required timeframe.

Ultimately, the ALJ ruled in favor of the Association. The decision concluded that the Petitioners failed to meet their burden of proof. The judge found that the Association’s actions—including the initial NDA request and the methodology of providing separated documents—did not constitute a violation of the statute. While deemed “not ideal,” the method was found to be “reasonable under the totality of underlying circumstances,” and the petition was denied.

Case Background

This matter was adjudicated in the Arizona Office of Administrative Hearings (OAH) following a petition filed with the Arizona Department of Real Estate. The case revolves around a homeowner’s right to access association records versus an association’s duty to protect its members’ privacy.

Parties Involved

Representation

Petitioners

Sandra Swanson & Robert Barnes

Kristin Roebuck Bethell, Esq.

Respondent

Circle G Ranches 4 Homeowners Association

Samantha Cote, Esq.

Administrative Law Judge (ALJ) Jenna Clark

Core Dispute

The central conflict stems from records requests made by the Petitioners in January 2020 for ballots and related documents from two separate votes:

1. A vote on or about October 28, 2019, regarding an increase in dues.

2. A vote in December 2019 regarding a proposed Declaration Amendment to prohibit cumulative voting.

The Petitioners alleged that the Association’s response failed to comply with ARIZ. REV. STAT. § 33-1805, which mandates that records be made “reasonably available” for examination.

Procedural History

The dispute followed a lengthy procedural path, beginning with the Petitioners’ initial filing on September 22, 2020. An initial Administrative Law Judge Decision was issued on May 17, 2021. The Petitioners requested and were granted a rehearing on the grounds that the decision was “arbitrary, capricious, or an abuse of discretion.” The final hearing detailed in this decision took place on January 13, 2022, after several continuances requested by both parties.

Chronology of Key Events

Oct 4, 2017

The Association’s Board approves and adopts the “Rule Requiring Secret Ballots,” mandating secret ballots for votes on special assessments.

Jan 6, 2020

Petitioners submit a written request to view the votes for the proposed amendment on cumulative voting.

Jan 13, 2020

The Association Board meets to discuss the request. Citing member privacy concerns and past complaints of “harassing” behavior by Petitioners, the Board votes 8:1 to require Petitioners to sign a nondisclosure agreement (NDA) before viewing ballots. Petitioners decline.

Jan 16, 2020

Petitioners’ counsel sends a formal letter requesting all ballots and related documents for both the dues increase vote and the cumulative voting amendment.

Jan 30, 2020

The Association’s attorney responds, stating the Association must “balance your clients’ requests against the privacy and safety of all Owners.” The letter confirms the records will be made available for inspection.

Feb 7, 2020

Petitioners inspect records at the attorney’s office. They are provided two stacks of documents: redacted ballots and unredacted envelopes. This method, designed to protect voter identity, prevents matching ballots to specific voters. Petitioners review the cumulative voting records for 3.5 hours but do not review the assessment-related documents.

Aug 5, 2020

Petitioners’ attorney sends a new letter demanding “unredacted ballots…along with all envelopes” for the dues increase vote, alleging the secrecy of the ballots was optional. No additional documents are provided by the Association.

Sep 22, 2020

Petitioners file a formal petition with the Arizona Department of Real Estate, initiating the legal proceedings.

Jan 13, 2022

A rehearing is held before ALJ Jenna Clark, where both parties present oral arguments but no new evidence or testimony.

Feb 2, 2022

ALJ Clark issues the final Administrative Law Judge Decision, denying the Petitioners’ petition.

Central Legal Arguments

At the January 13, 2022, rehearing, both parties presented their final arguments regarding the alleged violation of ARIZ. REV. STAT. § 33-1805.

Petitioners’ Position (Swanson & Barnes)

• Statutory Requirement: The statute requires unredacted copies of requested documents. The law specifies what records must be produced, not how they can be produced in a modified format.

• Unlawful Barrier: The Association erected an unlawful barrier by providing documents in a manner that made it impossible to “cross reference (i.e. match) the votes with the purported voters.” This did not satisfy the “reasonably available” standard.

• Improper NDA Condition: The Association had no right to condition access to the records on the signing of an NDA, as this is not one of the enumerated exceptions in the statute for withholding documents.

• No Expectation of Privacy: The ballots were not truly “secret ballots” because some homeowners’ names appeared on them or were signed. Therefore, voters could not have held a reasonable expectation of privacy.

Respondent’s Position (Circle G Ranches 4 HOA)

• Statutory Compliance: The Association was not in violation because the statute does not dictate the specific manner or format in which records must be made available. They argued they had “timely provided the totality of records Petitioners had requested.”

• Balancing of Duties: The Association devised a method (providing redacted ballots and separate unredacted envelopes) to fulfill its duty to provide records while simultaneously upholding its responsibility to protect members from potential harassment or retaliation, thereby satisfying all its obligations.

• Reasonable Protection: The request to sign an NDA was a reasonable and necessary step to protect members’ privacy regarding their secret ballot votes. Furthermore, it was ultimately irrelevant because the records were provided even after the Petitioners declined to sign.

• Timeliness: All information and documentation requested by the Petitioners had been timely provided to them.

Administrative Law Judge’s Findings and Decision

The ALJ’s decision was based on an interpretation of the relevant statute and a review of the evidence and arguments presented. The Petitioners bore the burden of proving a violation by a preponderance of the evidence.

Governing Statute: ARIZ. REV. STAT. § 33-1805(A)

“Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available for examination by any member… The association shall have ten business days to fulfill a request for examination.” (Emphasis added.)

Key Conclusions of Law

1. NDA Request: The Respondent’s request that Petitioners sign an NDA did not constitute a violation of the statute.

2. Timeliness of Response: The Respondent was required to comply with the January 16, 2020 request by January 31, 2020. The response from the Association’s attorney on January 30, 2020, and the subsequent inspection on February 7, 2020 (a date chosen by Petitioners) did not establish a violation of the 10-day rule.

3. Manner of Delivery: The method used to provide the documents—redacted ballots and separate unredacted envelopes—did not violate ARIZ. REV. STAT. § 33-1805. The ALJ determined that the “Petitioners timely received the totality of the documents from their records request(s)” and that the record did not suggest the documents were not made “reasonably available.”

Final Determination

The ALJ concluded that while the Association’s method of document delivery was not perfect, it was legally sufficient.

“While Respondent’s methodology of document delivery to Petitioners may have not been ideal, under the totality of underlying circumstances the decision reasonable and within the requirements of the applicable statute(s).”

Because the Petitioners did not successfully prove their case, the judge ruled against them.

“…the undersigned Administrative Law Judge must again conclude that because Petitioners did no sustain their burden of proof that the Association committed a violation of ARIZ. REV. STAT. § 33-1805, their petition must be denied.”

Final Order

IT IS ORDERED that Petitioners’ petition is denied.

The decision, issued February 2, 2022, is binding on the parties, with any appeal required to be filed with the Superior Court within thirty-five days of the order being served.


Clifford Burnes v. Saguaro Crest Homeowners Association, Inc.

Posted on by

Case Summary

Case ID 22F-H2221010-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-12-09
Administrative Law Judge Tammy L. Eigenheer
Outcome full
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford Burnes Counsel —
Respondent Saguaro Crest Homeowners Association, Inc. Counsel John T. Crotty

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The ALJ granted the Petitioner's petition, finding the Respondent HOA violated A.R.S. § 33-1805 by requiring the Petitioner to inspect records before providing copies and failing to comply with the 10-day statutory deadline. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee.

Key Issues & Findings

Failure to fulfill records request

Petitioner alleged the Association failed to fulfill his request for copies of records within the statutory 10-day period because the Association improperly required him to inspect the documents first. The ALJ found the Association violated A.R.S. § 33-1805, as the statute does not permit an HOA to mandate prior inspection before providing requested copies.

Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 in certified funds and ordered to henceforth comply with ARIZ. REV. STAT. § 33-1805.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(A), 32-2199.01(D), 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
  • Arpaio v. Steinle, 201 Ariz. 353, 355 ¶ 5, 35 P.3d 114, 116 (App. 2001)
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
  • Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
  • ARIZ. REV. STAT. §32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09

Analytics Highlights

Topics: HOA, Records Request, ARS 33-1805, Records Inspection, Timeliness, Filing Fee Refund
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(A), 32-2199.01(D), 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
  • ARIZ. ADMIN. CODE R2-19-119
  • MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
  • BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
  • Arpaio v. Steinle, 201 Ariz. 353, 355 ¶ 5, 35 P.3d 114, 116 (App. 2001)
  • Gutierrez v. Industrial Commission of Arizona
  • State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
  • U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
  • Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
  • ARIZ. REV. STAT. §32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 41-1092.09

Audio Overview

Decision Documents

22F-H2221010-REL Decision – 930949.pdf

Uploaded 2025-10-09T03:38:11 (139.0 KB)