Case Summary
| Case ID | 13F-H1314007-BFS |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2014-06-02 |
| Administrative Law Judge | M. Douglas |
| Outcome | false |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Nancy Saxton | Counsel | Steven W. Cheifetz |
|---|---|---|---|
| Respondent | The Lakes Community Association | Counsel | Charles E. Maxwell |
Alleged Violations
A.R.S. § 33-1805
Outcome Summary
The Administrative Law Judge ruled in favor of the Respondent and dismissed the case. The Judge found that the Petitioner was contractually obligated to arbitrate disputes under the Association's bylaws, that the petition was filed after the one-year statute of limitations had expired, and that the Respondent had lawfully complied with A.R.S. § 33-1805 by offering inspection of unredacted records.
Why this result: Jurisdictional bar due to mandatory arbitration clause; statute of limitations expiration; finding of compliance by Respondent.
Key Issues & Findings
Request to Review Association Records
Petitioner alleged the Respondent violated statutes by providing heavily redacted financial records and failing to provide unredacted copies for review upon demand.
Orders: The matter was dismissed. The Tribunal found the Petitioner was required to arbitrate, the claim was barred by the statute of limitations, and the Respondent had complied with the statute by making records reasonably available.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
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Decision Documents
13F-H1314007-BFS Decision – 396509.pdf
13F-H1314007-BFS Decision – 401319.pdf
13F-H1314007-BFS Decision – 404479.pdf
13F-H1314007-BFS Decision – 404483.pdf
**Case Title:** *Nancy Saxton v. The Lakes Community Association*
**Case Number:** 13F-H1314007-BFS
**Forum:** Office of Administrative Hearings, State of Arizona
**Proceedings and Background**
The hearing was held on April 29, 2014, before Administrative Law Judge M. Douglas,. Petitioner Nancy Saxton, a homeowner, filed a petition alleging The Lakes Community Association (HOA) violated A.R.S. § 33-1805 regarding the inspection of financial records,. The HOA filed motions to dismiss based on jurisdiction, the statute of limitations, and prior compliance.
**Key Facts**
* **Records Request:** Saxton submitted demands to inspect the HOA's financial records in November 2012,.
* **Production:** The HOA provided approximately 3,700 pages of documents,.
* **Redactions:** The documents contained numerous redactions. The HOA claimed these were necessary to protect personal and payroll information as permitted by statute,. Saxton argued the redactions precluded a proper evaluation of the HOA’s expenditures,.
* **Offer to Inspect:** Upon receiving complaints about the redactions, the HOA offered to allow Saxton to review un-redacted documents at the HOA attorney's office. Saxton declined this offer, feeling it would be "futile" or intimidating,.
**Key Legal Arguments and Issues**
1. **Arbitration:** The HOA argued that an "Alternative Dispute Resolution" amendment to its Bylaws required binding arbitration for governance disputes, precluding administrative action,.
2. **Statute of Limitations:** The HOA contended the claim was barred by the one-year statute of limitations under A.R.S. § 12-541(5) for liabilities created by statute,.
3. **Compliance:** The HOA argued it satisfied its statutory obligation to make records "reasonably available" by providing copies and offering an in-person review of un-redacted files,.
**Administrative Law Judge Decision**
The ALJ ruled in favor of the Respondent (the HOA) on all three major points:
1. **Arbitration Clause Enforced:** The ALJ concluded that under the HOA's Bylaws and Arizona common law, Saxton was required to submit her claims to arbitration. The arbitration clause was deemed valid and enforceable.
2. **Statute of Limitations Expired:** The ALJ determined the cause of action accrued ten business days after Saxton’s November 5, 2012 demand. Because the petition was filed on November 25, 2013, it fell outside the one-year limitation period prescribed by A.R.S. § 12-541(5).
3. **Substantive Compliance:** The ALJ found that the HOA had complied with A.R.S. § 33-1805. By providing redacted copies and subsequently making un-redacted versions available for review at their attorney's office, the HOA satisfied the requirement to make records "reasonably available".
**Outcome**
The matter was dismissed, and The Lakes Community Association was deemed the prevailing party. The decision was certified as the final administrative decision on July 10
Case Participants
Petitioner Side
- Nancy Saxton (petitioner)
The Lakes Community Association (Member)
Homeowner - Steven W. Cheifetz (attorney)
Cheifetz, Iannitelli Marcolini, P.C.
Listed as 'Heifetz' in mailing list
Respondent Side
- Charles E. Maxwell (attorney)
Maxwell & Morgan, P.C. - Christine Green Baldanza (community manager)
The Lakes Community Association
Community Manager in 2012 and early 2013
Neutral Parties
- M. Douglas (ALJ)
Office of Administrative Hearings - Cliff J. Vanell (director)
Office of Administrative Hearings
Signed Certification of Decision - Gene Palma (director)
Department of Fire, Building and Life Safety
Agency Director - Joni Cage (agency staff)
Department of Fire, Building and Life Safety
c/o for Gene Palma - Rosella J. Rodriguez (clerk)
Office of Administrative Hearings
Mailed/transmitted decision
Other Participants
- Marsha Hill (witness)
The Lakes Community Association
CPA; Former chairman of budget and finance committee - Maureen Harrison (witness)
The Lakes Community Association
Former Board Member (1993-2000, 2011-2012)