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
- 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
- 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
- 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
- Bylaws, Article IV, Section 1
- CC&Rs, Section 5.03
Analytics Highlights
- 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)