Case Summary
| Case ID | 21F-H2120016-REL-RHG |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-07-14 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | none |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Haining Xia | Counsel | — |
|---|---|---|---|
| Respondent | Dorsey Place Condominium Association | Counsel | Nick Nogami, Esq. |
Alleged Violations
Bylaws Articles 3.3, 4.1, and 4.4
Outcome Summary
The Administrative Law Judge concluded that Petitioner failed to meet the burden of proof to establish that Respondent violated its Bylaws Articles 3.3, 4.1, and 4.4. The Respondent was found to be the prevailing party, and Petitioner’s appeal was dismissed.
Why this result: Petitioner failed to sustain the burden of proof to establish a violation by a preponderance of the evidence, specifically failing to establish that an election was required during the years alleged.
Key Issues & Findings
Failure to elect the Board at Annual Members Meetings in 2018 and 2019
Petitioner alleged Respondent failed to elect the board during the 2018 and 2019 Annual Members Meetings. The ALJ found that Petitioner failed to sustain the burden of proof to establish a violation, specifically failing to establish that an election was required during those years.
Orders: Respondent is the prevailing party, and Petitioner's appeal is dismissed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 41-2198.01
- A.R.S. § 33-1202(10)