**Case Summary: 21F-H2121034-REL**

**Parties:** Robert H. Gelinas (Petitioner) v. The Meadows at Eagle Ridge Property Owners Association, Inc. (Respondent).

**Key Facts and Main Issue:**
The Petitioner, a property owner within the Eagle Ridge development, filed a single-issue petition with the Arizona Department of Real Estate. The central allegation was that the Respondent violated Arizona Revised Statutes (A.R.S.) § 33-1804(B) and Article IV, Section 1 of the Association's Bylaws by failing to hold an annual members meeting during the 2019 calendar year. Instead, the Association held the 2019 members meeting on January 11, 2020. The legal issue was whether this delay constituted a violation of the governing statute and bylaws, with the burden resting on the Petitioner to prove the violation by a preponderance of the evidence.

**Hearing Proceedings and Key Arguments:**
During the evidentiary hearing on April 8, 2021, representatives for the Association admitted that no members meeting took place in 2019. The defense presented two main arguments for this delay:
* The president of the Association's management company testified that she believed it was standard to hold the meeting in January after the financial books close at the end of December.
* Another Association witness testified that a 2019 meeting was avoided due to concerns that holiday season absences would prevent them from securing a sufficient amount of votes.

Despite these practical explanations, the legal requirements outlined in both A.R.S. § 33-1804(B) and the Association's Bylaws are clear, mandating that an annual members meeting must be held at least once every twelve months (each year).

**Final Decision and Outcome:**
Administrative Law Judge Velva Moses-Thompson ruled in favor of the Petitioner. Because it was undisputed that the Association failed to hold a members meeting in 2019, the Judge concluded that the Petitioner successfully established that the Association violated A.R.S. § 33-1804(B) and Article IV, Section 1 of its Bylaws.

**The Administrative Law Judge issued the following orders:**
* **The petition was granted**.
* The Association must **fully comply with A.R.S. § 33-1804(B) and Article IV, Section 1** of its Bylaws in the future.
* The Association must **pay $500.00 to the Petitioner** to reimburse his filing fee within 30 days of the Order.