Case Summary
| Case ID | 19F-H1918040-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-07-08 |
| Administrative Law Judge | Kay Abramsohn |
| Outcome | false |
| Filing Fees Refunded | $2,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Gregory L. Czekaj | Counsel | Gary Wolf |
|---|---|---|---|
| Respondent | Colonia Del Rey HOA, Inc. | Counsel | Carolyn Goldschmidt |
Alleged Violations
A.R.S. § 33-1805
A.R.S. § 33-1812(A)
A.R.S. § 33-1804(B)
Bylaws Sections 6.1, 7.1, 9.2
Outcome Summary
Petitioner failed to prove HOA violated records, voting, or notice statutes. HOA failed to prove Petitioner violated Bylaws by misrepresenting himself as an officer.
Why this result: Petitioner's interpretations of statutes regarding notice and voting were incorrect, and HOA complied with records requests. HOA lacked evidence for its claim against Petitioner.
Key Issues & Findings
Failure to provide records
Petitioner alleged HOA failed to provide requested organizational, business, corporate, and financial records.
Orders: The HOA was deemed the prevailing party. Petitioner bears his filing fees.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Invalid fee increase due to proxy vote
Petitioner alleged a $5 fee increase was invalid because a proxy vote was used in violation of statutes and rules.
Orders: The HOA was deemed the prevailing party. Petitioner bears his filing fees.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Failure to provide ten-day meeting notice
Petitioner alleged HOA failed to give ten-day notice for a meeting to vote on Bylaws amendments.
Orders: The HOA was deemed the prevailing party. Petitioner bears his filing fees.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Petitioner exceeded rights as member
HOA alleged Petitioner misrepresented himself as an officer to obtain insurance and tax information.
Orders: The HOA did not prevail. HOA bears its filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_win
