Case Summary
| Case ID | 20F-H2020055-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-07-17 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Robert Tomisak | Counsel | — |
|---|---|---|---|
| Respondent | Arrowhead Lakes Condominium Association | Counsel | — |
Alleged Violations
A.R.S. § 33-1258; CC&Rs Article 11, Section 4.8; Bylaws, Article 10.3
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that the Petitioner failed to meet the burden of proof that the Condominium Association violated its governing documents or state statute regarding record inspection, specifically because the Association did not possess and was not required to create a Membership Register containing unit owners' email addresses.
Why this result: Petitioner failed to establish by a preponderance of the evidence that Respondent violated the provisions of CC&Rs Section 11.4.8, Bylaws Section 10.3, or A.R.S. § 33-1158 (or § 33-1258) because the requested record (a Membership Register containing email addresses) did not exist, and the Association was not obligated to create it.
Key Issues & Findings
Refusal to provide access to the membership register (Owner Roster with emails)
Petitioner alleged the Respondent violated governing documents and statute by refusing access to the membership register containing email addresses. Respondent argued email addresses were protected 'personal records' under A.R.S. § 33-1258(B)(4). The ALJ found the Petitioner failed to prove a violation because the requested document (a Membership Register containing emails) did not exist, and Respondent had no obligation to create it.
Orders: The petition is dismissed and no action is required of Respondent.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1258
- CC&Rs 11.4.8
- Bylaws 10.3
Analytics Highlights
- A.R.S. § 32-2199.01
- A.R.S. § 33-1258
- A.R.S. § 33-1258(B)(4)
- A.R.S. § 33-1158
- CC&Rs 11.4.8
- Bylaws 10.3
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.R.S. §32-2199.02(B)
- A.R.S. § 41-1092.09