Case Summary
| Case ID | 23F-H063-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-09-20 |
| Administrative Law Judge | Velva Moses-Thompson |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John W. Gray | Counsel | — |
|---|---|---|---|
| Respondent | Mesa Coronado III Condominium Association | Counsel | Chad M. Gallacher, Esq. |
Alleged Violations
ARS § 33-1248(B), Bylaw Article 2.1
ARS § 33-1258, Bylaw Article 1.6
ARS § 33-1243(B), Bylaw Article 3.2
Outcome Summary
Petitioner prevailed on Issue 2 (Records Requests violation), resulting in the refund of the $500 filing fee. Respondent prevailed on Issue 1 (Failure to Hold Meetings, found moot) and Issue 3 (Board Legitimacy, insufficient evidence). No civil penalty was imposed.
Why this result: Petitioner lost Issue 1 because the failure to hold meetings was resolved and deemed moot. Petitioner lost Issue 3 due to insufficient evidence.
Key Issues & Findings
No meeting was held in 2020, 2021, or 2022
Petitioner alleged violation for failure to hold annual meetings in 2020, 2021, and 2022. The Board admitted meetings were not held due to the pandemic but held an annual meeting in 2023.
Orders: —
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- ARS § 33-1248(B)
- Bylaw Article 2.1
- ARS § 33-1250(C)
Petitioner has received no response to multiple requests for information
Petitioner made multiple requests for information and records (including meeting minutes from 2018-2023 and fire suppression invoices from 2014-2023). Respondent failed to provide copies of minutes from 2018-2019 and records related to the sprinkler system.
Orders: Respondent ordered to pay Petitioner $500.00 filing fee refund within thirty (30) days and directed to comply with A.R.S. § 33-1258 and Bylaw Article 1.6 going forward.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARS § 33-1258
- Bylaw Article 1.6
The people claiming to be the Board are not legitimate, not duly elected, and have appointed themselves to successive terms of office
Petitioner alleged the board members were illegitimate because annual meetings lacked quorum (2018, 2019) or were not held (2020-2022), leading directors to continue in office unlawfully.
Orders: —
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- ARS § 33-1243(B)
- Bylaw Article 3.2
- A.R.S. § 10-3805(E)