Case Summary
| Case ID | 20F-H2020046-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-07-23 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | none |
| Filing Fees Refunded | $2,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Susan L. Alandar | Counsel | — |
|---|---|---|---|
| Respondent | Ventana Lakes Property Owners' Association | Counsel | Nicholas Nogami |
Alleged Violations
A.R.S. § 33-1804
CC&R’s Article V Section C; Bylaws Article IV.E.8; Ventana Lakes Rule 8.4.A
CC&R’s Article III Section A; CC&R’s Article IV Section C.23; Bylaws Article IV.E.8; Ventana Lakes Rule 8.4.A
Ventana Lakes Rule 8.3.B.1.b
Outcome Summary
The Petitioner's petition alleging violations of statute and community documents was denied in its entirety. Two issues were found moot because the prohibited action had already concluded, and the other two issues failed because the Petitioner did not meet the burden of proof to establish a violation.
Why this result: Issues 2 and 3 were moot. Issues 1 and 4 failed on the merits because the evidence did not prove the HOA violated the cited statute or rule.
Key Issues & Findings
Board conducted interviews of candidates in closed executive session.
Petitioner alleged the Board improperly conducted interviews for Board vacancies in closed sessions. The Board admitted to the practice but asserted they did so to elicit personal, health, or financial information, which is a statutory exception to the open meeting law.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1804
Discriminately penalized homeowners/members (Italian American Club).
Petitioner alleged the HOA wrongfully penalized and denied use of facilities to the Italian American Club (IAC). This issue was based on a specific one-year prohibition on facility use imposed after the IAC violated rules regarding moving furniture.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- Article V, Section C of the CC&Rs
- Article IV.E.8 of the Bylaws
- Ventana Lakes Rules 8.4.A
Refusal of homeowners' use of facilities without authorization by rule.
Petitioner alleged the HOA wrongfully denied the Italian American Club use of facilities following an incident where club members moved tables against HOA rules, resulting in a one-year ban on facility use.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- Article III, Section A of the CC&Rs
- Article IV, Section C.23 of the CC&Rs
- Article IV.E.8 of the Bylaws
- Ventana Lakes Rules 8.4.A
Refusal to place written requests for Board action on the agenda.
Petitioner argued that Ventana Lakes Rule 8.3.B.1.b required the Board president to include every single written request from members on the next upcoming Board meeting agenda, which the Board had failed to do.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- Ventana Lakes Rule 8.3.B.1.b
Analytics Highlights
- A.R.S. § 33-1804
- Article IV, Section E of the Bylaws
- Article 5, Section C of the CC&Rs
- Article IV, Section C(23) of the CC&Rs
- Article XII, Section B of the CC&Rs
- Article III, Section A of the CC&Rs
- Ventana Lake Rules 8.3.B
- Ventana Lake Rules 8.4.A
- A.R.S. § 32-2199
- A.R.S. § 32-2199.02