Tag Archives: Bylaws Article III, Section 4

George Wolchko v. Victoria Manor Management & Property Owners

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Case Summary

Case ID 25F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-05
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner George Wolchko Counsel —
Respondent Victoria Manor Management & Property Owners Association Counsel Christopher Duren

Alleged Violations

A.R.S. § 33-1805
Bylaws, Article III, Section 4
CC&Rs, Section 4.04
Bylaws, Article IV, Section 1

Outcome Summary

The Petitioner prevailed on three of the four issues: Violation of AZ Law on Delivery of Community Documents (A.R.S. § 33-1805), Failure to Uphold CCRs Regarding Common Wall Repairs (Bylaws/CC&R violation), and operating with fewer than the minimum required number of board members (Bylaws violation). The Petitioner did not prevail on the issue regarding the Failure to Hold a Special HOA Meeting.

Why this result: Petitioner's request for an “emergency meeting” regarding the wall repair was deemed technically insufficient to qualify as a formal 'special meeting' petition under the Bylaws.

Key Issues & Findings

Violation of AZ Law on Delivery of Community Documents

The HOA failed to provide the Kachina Management contract within the required ten business days for examination or copies, despite numerous requests.

Orders: Respondent failed to comply with A.R.S. § 33-1805 by not making documents available for examination within ten business days of request.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • Bylaws, Article X
  • CC&Rs, Section 9.07

Failure to Hold a Special HOA Meeting

The HOA failed to hold a special meeting requested by a valid petition signed by 25% of members, concerning common wall damage.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(A)
  • Bylaws, Article III, Section 4

Failure to Uphold CCRs Regarding Common Wall Repairs

The HOA refused to repair a common wall designated as a Common Element after damage was caused by an HOA-sanctioned electrician, failing their maintenance obligation.

Orders: The Board failed to maintain a Common Element (electrical conduit/wall area) in good repair after its hired contractor caused damage, violating Bylaws and CC&R obligations.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1803(A)

Violations of HOA Elections Procedures and Community Documents (Failure to seat required number of board members)

The HOA Board violated governing documents by operating with only two members, failing to maintain the minimum required number of three directors.

Orders: Respondent violated Bylaws Article IV, Section 1 by not maintaining a Board of Directors composed of no fewer than three persons.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 5.03

Analytics Highlights

Topics: HOA governance, Document request, Board composition, Common elements maintenance, Filing fee refund, Civil penalty
Additional Citations:

  • A.R.S. § 33-1805
  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1804(A)

Decision Documents

25F-H025-REL Decision – 1268559.pdf

Uploaded 2025-10-09T03:44:56 (55.5 KB)

25F-H025-REL Decision – 1276022.pdf

Uploaded 2025-10-09T03:44:56 (57.0 KB)

25F-H025-REL Decision – 1276027.pdf

Uploaded 2025-10-09T03:44:56 (7.3 KB)

25F-H025-REL Decision – 1282178.pdf

Uploaded 2025-10-09T03:44:56 (49.3 KB)

25F-H025-REL Decision – 1288973.pdf

Uploaded 2025-10-09T03:44:57 (52.0 KB)

25F-H025-REL Decision – 1290761.pdf

Uploaded 2025-10-09T03:44:57 (50.5 KB)

25F-H025-REL Decision – 1301417.pdf

Uploaded 2025-10-09T03:44:57 (224.5 KB)

John R. Ashley v. Rancho Reyes II Community Association, Inc.

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Case Summary

Case ID 20F-H2019032-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2020-08-11
Administrative Law Judge Thomas Shedden
Outcome no
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John R Ashley Counsel —
Respondent Rancho Reyes II Community Association, Inc. Counsel Wendy Ehrlich, Esq.

Alleged Violations

Bylaws Article III, Section 4

Outcome Summary

The Petitioner's single-issue petition alleging that the HOA violated Article III, Section 4 of the Bylaws by failing to ensure a quorum of Board members attended membership meetings was dismissed. The ALJ found that the Bylaw provision related to member quorum, not Board quorum, for member meetings, and the Petitioner failed to meet the burden of proof.

Why this result: The Bylaws Article III, Section 4 is unambiguous and does not require a quorum of Board members to be present at a meeting of the members.

Key Issues & Findings

Quorum requirement for member meetings

Petitioner alleged Respondent violated Article III, Section 4 of the Bylaws by failing to have a quorum of Board members present at membership meetings. The ALJ concluded Article III, Section 4 is unambiguous and requires member quorum (1/10th of votes), not Board member quorum, for membership meetings.

Orders: Petitioner John R. Ashley’s petition is dismissed. Respondent deemed to be the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
  • Rowland v. Union Hills Country Club, 157 Ariz. 301, 757 P.2d 105 (1988 App.)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)

Analytics Highlights

Topics: HOA Bylaws, Quorum, Meeting of Members, Contract Interpretation
Additional Citations:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
  • Rowland v. Union Hills Country Club, 157 Ariz. 301, 757 P.2d 105 (1988 App.)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)

Audio Overview

Decision Documents

20F-H2019032-REL-RHG Decision – 814023.pdf

Uploaded 2025-10-08T07:10:42 (99.2 KB)

John R. Ashley v. Rancho Reyes II Community Association, Inc.

Posted on by

Case Summary

Case ID 20F-H2019032-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2020-08-11
Administrative Law Judge Thomas Shedden
Outcome no
Filing Fees Refunded $0.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John R Ashley Counsel —
Respondent Rancho Reyes II Community Association, Inc. Counsel Wendy Ehrlich, Esq.

Alleged Violations

Bylaws Article III, Section 4

Outcome Summary

The Petitioner's single-issue petition alleging that the HOA violated Article III, Section 4 of the Bylaws by failing to ensure a quorum of Board members attended membership meetings was dismissed. The ALJ found that the Bylaw provision related to member quorum, not Board quorum, for member meetings, and the Petitioner failed to meet the burden of proof.

Why this result: The Bylaws Article III, Section 4 is unambiguous and does not require a quorum of Board members to be present at a meeting of the members.

Key Issues & Findings

Quorum requirement for member meetings

Petitioner alleged Respondent violated Article III, Section 4 of the Bylaws by failing to have a quorum of Board members present at membership meetings. The ALJ concluded Article III, Section 4 is unambiguous and requires member quorum (1/10th of votes), not Board member quorum, for membership meetings.

Orders: Petitioner John R. Ashley’s petition is dismissed. Respondent deemed to be the prevailing party.

Filing fee: $0.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
  • Rowland v. Union Hills Country Club, 157 Ariz. 301, 757 P.2d 105 (1988 App.)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)

Analytics Highlights

Topics: HOA Bylaws, Quorum, Meeting of Members, Contract Interpretation
Additional Citations:

  • ARIZ. REV. STAT. Title 32, Ch. 20, Art. 11
  • ARIZ. ADMIN. CODE § R2-19-119
  • McNally v. Sun Lakes Homeowners Ass’n #1, Inc., 241 Ariz. 1, 382 P.3d 1216 (2016 App.)
  • Rowland v. Union Hills Country Club, 157 Ariz. 301, 757 P.2d 105 (1988 App.)
  • Grubb & Ellis Management Services, Inc. v. 407417 B.C., L.L.C., 213 Ariz. 83, 138 P.3d 1210 (App. 2006)

Audio Overview

Decision Documents

20F-H2019032-REL-RHG Decision – 814023.pdf

Uploaded 2025-10-09T03:34:45 (99.2 KB)