Case Summary
| Case ID | 22F-H2221006-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-11-22 |
| Administrative Law Judge | Jenna Clark |
| Outcome | partial |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Raymond M Uyleman | Counsel | — |
|---|---|---|---|
| Respondent | Casita Royale Townhomes Association | Counsel | — |
Alleged Violations
Bylaws Article 4 Section 2, and Article 8 Sections 2 and 3
Outcome Summary
Petitioner's petition was granted in part and denied in part. The ALJ found the Respondent Association violated its Bylaws regarding the election and terms of Board members. Respondent was ordered to comply with the relevant Bylaw sections and reimburse $375.00 of the filing fee. Petitioner's prayer to remove the current Board from office was denied.
Why this result: Petitioner’s prayer to remove the Association’s current Board from office was denied.
Key Issues & Findings
Unlawful transfer of Board positions and Association bank account
Petitioner alleged the Association violated Bylaws when the former President/Treasurer unlawfully transferred his Board positions and the bank account to new individuals without proper election procedures. The ALJ found the Association was in violation of Bylaws requiring a minimum of five directors and regular annual elections for those positions.
Orders: Respondent must henceforth comply with Bylaws Article 4 Section 2, and Article 8 Sections 2 and 3, and reimburse $375.00 of the filing fee.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- Bylaws Article 4 Section 2
- Bylaws Article 8 Section 2
- Bylaws Article 8 Section 3
Analytics Highlights
- 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.
- Tierra Ranchos Homeowners Ass'n v. Kitchukov
- ARIZ. REV. STAT. §32-2199.02(B)
- ARIZ. REV. STAT. § 41-1092.09