Case Summary
| Case ID | 23F-H030-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-04-17 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Clifford (Norm) S. Burnes | Counsel | — |
|---|---|---|---|
| Respondent | Saguaro Crest Homeowners' Association | Counsel | John T. Crotty |
Alleged Violations
ARIZ. REV. STAT. § 33-1812(A)(6)
Outcome Summary
The Administrative Law Judge granted the petition, finding that the Saguaro Crest Homeowners' Association violated ARIZ. REV. STAT. § 33-1812(A)(6). The violation occurred because the Association's governing documents did not permit secret ballots, necessitating that the completed ballot contain the name, address, and signature of the voter, a requirement the distributed ballots failed to meet. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee and comply with the statute henceforth.
Key Issues & Findings
Violation of voting statute requiring name, address, and signature on completed ballot.
Petitioner alleged that the HOA's vote by written ballot was non-compliant because the individual ballots lacked the required name, address, and signature of the voter. The ALJ concluded that since the community documents did not permit secret ballots, the plain language of A.R.S. § 33-1812(A)(6) required the ballot itself (distinct from the envelope) to contain the name, address, and signature, and the HOA failed to meet this requirement.
Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 and henceforth comply with ARIZ. REV. STAT. § 33-1812(A)(6).
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. § 33-1812(A)(6)
- ARIZ. REV. STAT. § 33-1812
Analytics Highlights
- ARIZ. REV. STAT. § 33-1812(A)(6)
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 33-1812