Case Summary
| Case ID | 22F-H2221010-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2021-12-09 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Clifford Burnes | Counsel | — |
|---|---|---|---|
| Respondent | Saguaro Crest Homeowners Association, Inc. | Counsel | John T. Crotty |
Alleged Violations
ARIZ. REV. STAT. § 33-1805
Outcome Summary
The ALJ granted the Petitioner's petition, finding the Respondent HOA violated A.R.S. § 33-1805 by requiring the Petitioner to inspect records before providing copies and failing to comply with the 10-day statutory deadline. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee.
Key Issues & Findings
Failure to fulfill records request
Petitioner alleged the Association failed to fulfill his request for copies of records within the statutory 10-day period because the Association improperly required him to inspect the documents first. The ALJ found the Association violated A.R.S. § 33-1805, as the statute does not permit an HOA to mandate prior inspection before providing requested copies.
Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 in certified funds and ordered to henceforth comply with ARIZ. REV. STAT. § 33-1805.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. § 33-1805
- ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(A), 32-2199.01(D), 32-2199.02
- ARIZ. REV. STAT. § 41-1092 et seq.
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
- ARIZ. ADMIN. CODE R2-19-119
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
- BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
- Arpaio v. Steinle, 201 Ariz. 353, 355 ¶ 5, 35 P.3d 114, 116 (App. 2001)
- Gutierrez v. Industrial Commission of Arizona
- State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
- U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
- Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
- ARIZ. REV. STAT. §32-2199.02(B)
- ARIZ. REV. STAT. § 32-2199.04
- ARIZ. REV. STAT. § 41-1092.09
Analytics Highlights
- ARIZ. REV. STAT. § 33-1805
- ARIZ. REV. STAT. §§ 32-2102 and 32-2199 et seq.
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. §§ 32-2199(2), 32-2199.01(A), 32-2199.01(D), 32-2199.02
- ARIZ. REV. STAT. § 41-1092 et seq.
- Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
- ARIZ. ADMIN. CODE R2-19-119
- MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
- BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
- Arpaio v. Steinle, 201 Ariz. 353, 355 ¶ 5, 35 P.3d 114, 116 (App. 2001)
- Gutierrez v. Industrial Commission of Arizona
- State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
- U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
- Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
- ARIZ. REV. STAT. §32-2199.02(B)
- ARIZ. REV. STAT. § 32-2199.04
- ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2221010-REL Decision – 930949.pdf
Questions
Question
Can my HOA force me to inspect records in person before they will provide me with copies?
Short Answer
No. The HOA cannot require an in-person inspection as a prerequisite to providing copies.
Detailed Answer
The Administrative Law Judge ruled that Arizona statute allows homeowners to request copies directly. While the HOA can make records available for inspection, they cannot force a member to inspect them first if the member has requested copies. Doing so violates the statutory requirement to provide copies within ten business days.
Alj Quote
Nothing in ARIZ. REV. STAT. § 33-1805 can be read to permit an HOA to require members to first inspect records before it provides copies of records requested by members.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- records request
- inspection
- homeowner rights
Question
How many days does the HOA have to provide copies of records I requested?
Short Answer
The HOA must provide copies within 10 business days.
Detailed Answer
Under Arizona law, once a member requests to purchase copies of records, the association has a strict deadline of ten business days to fulfill that request.
Alj Quote
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- deadlines
- records request
- HOA obligations
Question
What is the maximum amount the HOA can charge me for copies of records?
Short Answer
The HOA cannot charge more than 15 cents per page.
Detailed Answer
The statute limits the fee an association may charge for copying records to a maximum of fifteen cents per page.
Alj Quote
An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- fees
- records request
- costs
Question
Can the HOA charge me a fee just to look at or review records?
Short Answer
No. The HOA cannot charge for making materials available for review.
Detailed Answer
While the HOA can charge for copies, they are explicitly prohibited from charging a member for the act of making the material available for examination/review.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- fees
- records review
- homeowner rights
Question
If I win my hearing against the HOA, can I get my $500 filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse your filing fee.
Detailed Answer
In this case, because the homeowner prevailed in proving the violation, the Administrative Law Judge ordered the HOA to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Order
Topic Tags
- reimbursement
- penalties
- legal costs
Question
Can I authorize someone else to look at the HOA records for me?
Short Answer
Yes, if you designate them in writing.
Detailed Answer
The statute allows records to be examined by the member or any person the member designates in writing as their representative.
Alj Quote
…all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- representation
- records request
- homeowner rights
Question
What standard of proof do I need to meet to win a case against my HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The petitioner (homeowner) must prove that their contention is more probably true than not. It requires superior evidentiary weight, though not necessarily freedom from all doubt.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.
Legal Basis
Legal Standard
Topic Tags
- burden of proof
- legal standards
- hearing procedure
Question
Is it a valid excuse if the HOA says mailing the records to the wrong name/address was just a mistake?
Short Answer
No. If the HOA has the correct legal name and address on file, mailing to a nickname or wrong address does not satisfy the requirement to provide records on time.
Detailed Answer
The HOA attempted to shift blame to the homeowner for using a nickname in emails, but the judge noted the HOA had the official member list with the legal name. Failing to use the correct information resulted in a violation of the 10-day deadline.
Alj Quote
Respondent cannot be said to have provided Petitioner with copies of the records he requested within 10 days of his request.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- excuses
- mailing
- HOA obligations
Case
- Docket No
- 22F-H2221010-REL
- Case Title
- Clifford Burnes vs. Saguaro Crest Homeowners Association, Inc.
- Decision Date
- 2021-12-09
- Alj Name
- Tammy L. Eigenheer
- Tribunal
- OAH
- Agency
- ADRE
Questions
Question
Can my HOA force me to inspect records in person before they will provide me with copies?
Short Answer
No. The HOA cannot require an in-person inspection as a prerequisite to providing copies.
Detailed Answer
The Administrative Law Judge ruled that Arizona statute allows homeowners to request copies directly. While the HOA can make records available for inspection, they cannot force a member to inspect them first if the member has requested copies. Doing so violates the statutory requirement to provide copies within ten business days.
Alj Quote
Nothing in ARIZ. REV. STAT. § 33-1805 can be read to permit an HOA to require members to first inspect records before it provides copies of records requested by members.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- records request
- inspection
- homeowner rights
Question
How many days does the HOA have to provide copies of records I requested?
Short Answer
The HOA must provide copies within 10 business days.
Detailed Answer
Under Arizona law, once a member requests to purchase copies of records, the association has a strict deadline of ten business days to fulfill that request.
Alj Quote
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- deadlines
- records request
- HOA obligations
Question
What is the maximum amount the HOA can charge me for copies of records?
Short Answer
The HOA cannot charge more than 15 cents per page.
Detailed Answer
The statute limits the fee an association may charge for copying records to a maximum of fifteen cents per page.
Alj Quote
An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- fees
- records request
- costs
Question
Can the HOA charge me a fee just to look at or review records?
Short Answer
No. The HOA cannot charge for making materials available for review.
Detailed Answer
While the HOA can charge for copies, they are explicitly prohibited from charging a member for the act of making the material available for examination/review.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- fees
- records review
- homeowner rights
Question
If I win my hearing against the HOA, can I get my $500 filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse your filing fee.
Detailed Answer
In this case, because the homeowner prevailed in proving the violation, the Administrative Law Judge ordered the HOA to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Order
Topic Tags
- reimbursement
- penalties
- legal costs
Question
Can I authorize someone else to look at the HOA records for me?
Short Answer
Yes, if you designate them in writing.
Detailed Answer
The statute allows records to be examined by the member or any person the member designates in writing as their representative.
Alj Quote
…all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- representation
- records request
- homeowner rights
Question
What standard of proof do I need to meet to win a case against my HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The petitioner (homeowner) must prove that their contention is more probably true than not. It requires superior evidentiary weight, though not necessarily freedom from all doubt.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.
Legal Basis
Legal Standard
Topic Tags
- burden of proof
- legal standards
- hearing procedure
Question
Is it a valid excuse if the HOA says mailing the records to the wrong name/address was just a mistake?
Short Answer
No. If the HOA has the correct legal name and address on file, mailing to a nickname or wrong address does not satisfy the requirement to provide records on time.
Detailed Answer
The HOA attempted to shift blame to the homeowner for using a nickname in emails, but the judge noted the HOA had the official member list with the legal name. Failing to use the correct information resulted in a violation of the 10-day deadline.
Alj Quote
Respondent cannot be said to have provided Petitioner with copies of the records he requested within 10 days of his request.
Legal Basis
A.R.S. § 33-1805
Topic Tags
- excuses
- mailing
- HOA obligations
Case
- Docket No
- 22F-H2221010-REL
- Case Title
- Clifford Burnes vs. Saguaro Crest Homeowners Association, Inc.
- Decision Date
- 2021-12-09
- Alj Name
- Tammy L. Eigenheer
- Tribunal
- OAH
- Agency
- ADRE
Case Participants
Petitioner Side
- Clifford Burnes (petitioner)
Appeared on his own behalf; also identified as Clifford (Norm) Burnes or Norm Burnes,,,.
Respondent Side
- John T. Crotty (respondent attorney)
Farley, Choate & Wood
Represented Saguaro Crest Homeowners Association,,.
Neutral Parties
- Jenna Clark (ALJ)
Listed as Administrative Law Judge. - Tammy L. Eigenheer (ALJ)
Signed the Administrative Law Judge Decision. - Louis Dettorre (Commissioner)
Arizona Department of Real Estate
Recipient of transmission of the Decision. - AHansen (ADRE staff)
Arizona Department of Real Estate
Email contact listed for transmission ([email protected]). - djones (ADRE staff)
Arizona Department of Real Estate
Email contact listed for transmission ([email protected]). - DGardner (ADRE staff)
Arizona Department of Real Estate
Email contact listed for transmission ([email protected]). - vnunez (ADRE staff)
Arizona Department of Real Estate
Email contact listed for transmission ([email protected]).
Other Participants
- Joseph Martinez (unknown)
Petitioner verbally notified him regarding the undelivered certified mail package.
