**Case Title:** *John & Debborah Sellers v. The Crossings at Willow Creek*
**Case Number:** 15F-H1515003-BFS
**Forum:** Arizona Office of Administrative Hearings

### Hearing Proceedings
An administrative hearing was conducted on June 17, 2015, before Administrative Law Judge (ALJ) Tammy L. Eigenheer. The hearing addressed a petition filed by homeowners John and Debborah Sellers (Petitioners) alleging that their homeowners association, The Crossings at Willow Creek (Respondent), violated A.R.S. § 33-1805. The core issue was whether Respondent failed to provide specific association records requested by the Petitioners on January 29, 2015, within the statutory ten-day timeframe.

### Key Facts and Arguments
Petitioners requested multiple documents, including a specific affidavit signed by a board member ("Giambanco affidavit"), a "Manager's Report" from a January 2015 board meeting, insurance records, and competing bids from management companies. They also requested inspection of the Association's electronic records.

* **Petitioners' Position:** They argued that the Association was required to maintain these records under its record retention policy and that the records should be available for review.
* **Respondent's Defense:** Respondent argued it did not possess the requested documents or that they did not exist.
* Regarding the **Giambanco affidavit**, Respondent claimed it was not in their possession and they did not know why Petitioners wanted it.
* Regarding the **Manager's Report**, Respondent initially claimed the relevant pages were blank, but later acknowledged the existence of bullet points.
* Regarding **electronic records**, Respondent testified that all records had been converted to hard copies by the management company (AMCOR) and were no longer maintained electronically.
* Regarding **competing bids**, Respondent stated they were destroyed after the contract was awarded.

### Legal Analysis and Findings
The ALJ ruled that Petitioners established a violation of A.R.S. § 33-1805, which mandates that financial and other records be made reasonably available for examination. The ALJ provided specific findings on the disputed records:

1. **Constructive Possession:** The ALJ rejected Respondent's defense regarding the Giambanco affidavit. Although the document was not physically held by the Respondent, it was created by the Association's counsel. The ALJ ruled it was an association record accessible to Respondent through its attorney, and failure to obtain it constituted a violation.
2. **Manager's Report:** The ALJ found that the Manager's Report (containing bullet points) existed. The potential usefulness of the information was not a valid basis for denial, and no statutory exception applied.
3. **Non-Existent Records:** For the remaining items (such as the destroyed bids), the ALJ concluded Petitioners failed to prove the documents existed at the time of the request. The ALJ noted that whether Respondent violated its own internal record retention policy was irrelevant to determining a violation of A.R.S. § 33-1805.
4. **Electronic Records:** The ALJ found no violation regarding the refusal to allow electronic inspection, accepting the evidence that the Association no longer maintained records in an electronic medium.

### Final Outcome and Decision
The ALJ granted the petition in part, issuing the following orders:
* **Production of Records:** Respondent was ordered to provide copies of the Giambanco affidavit and the Manager's Report within ten days.
* **Filing Fee:** Respondent was ordered to reimburse Petitioners the $550.00 filing fee.

The decision was certified as the final administrative decision of the Department of Fire, Building and Life Safety on August 18,