Case Summary
| Case ID | 19F-H1918042-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2020-01-15 |
| Administrative Law Judge | Kay A. Abramsohn |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Joan A. Tober | Counsel | — |
|---|---|---|---|
| Respondent | Civano 1 Neighborhood 1 Homeowners Association | Counsel | Diana J. Elston |
Alleged Violations
A.R.S. § 33-1805
Outcome Summary
The Administrative Law Judge concluded, both in the original decision and the rehearing, that the HOA was the prevailing party. The final decision affirmed that the HOA acted in compliance with A.R.S. § 33-1805(A) and (B), specifically ruling that privileged documents are exempt from disclosure timelines and that the Petitioner's request for 'all background information' was unreasonably broad and unclarified.
Why this result: Petitioner lost because she failed to meet the burden of proof that the HOA violated A.R.S. § 33-1805(A). The primary record sought was protected by attorney-client privilege, and her vague request for 'any and all documentation' made it impossible for the HOA to reasonably comply within the 10-day period.
Key Issues & Findings
HOA violation of requirement to provide association records within ten business days.
Petitioner alleged the HOA violated A.R.S. § 33-1805(A) by failing to provide access to requested documents, including a privileged attorney letter and 'all background information', within the required 10-business day period. The rehearing focused specifically on the timeliness aspect.
Orders: The HOA was deemed the prevailing party in the rehearing, and Petitioner’s appeal was dismissed. The ALJ concluded the HOA acted in compliance with A.R.S. § 33-1805(A) and (B).
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- A.R.S. § 33-1805(A)
- A.R.S. § 33-1805(B)
- A.R.S. § 32-2102
- A.R.S. § 32-2199
- A.R.S. § 32-2199.05
- A.R.S. § 32-2199(2)
- A.R.S. § 32-2199.01(D)
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092
- A.R.S. § 41-2198.01
- A.R.S. § 41-1092.07(G)(2)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
- ARIZ. ADMIN. CODE R2-19-119
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
- Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
Analytics Highlights
- A.R.S. § 33-1805(A)
- A.R.S. § 33-1805(B)
- A.R.S. § 32-2102
- A.R.S. § 32-2199
- A.R.S. § 32-2199.05
- A.R.S. § 32-2199(2)
- A.R.S. § 32-2199.01(D)
- A.R.S. § 32-2199.02
- A.R.S. § 41-1092
- A.R.S. § 41-2198.01
- A.R.S. § 41-1092.07(G)(2)
- A.R.S. § 41-1092.08(H)
- A.R.S. § 12-904(A)
- ARIZ. ADMIN. CODE R2-19-119
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
- Vazanno v. Superior Court, 74 Ariz. 369, 372, 249 P.2d 837 (1952)
