AZNH Revocable Trust v. Sunland Springs Village HOA: Electronic Ballots, Remand, and ALJ Reassignment

Arizona HOA Election Records • OAH 24F-H047-REL • Superior Court Remand

This page reorganizes the OAH case record into a readable guide. The dispute began as an Arizona planned-community election-records case over electronic ballots, then turned into a procedural fight over remand scope and a new statutory right to a peremptory change of administrative law judge.

Last updated May 16, 2026. Case family: AZNH Revocable Trust v. Sunland Springs Village Homeowners Association, OAH No. 24F-H047-REL; rehearing dockets 24F-H047-REL-RMD and 24F-H047-REL-RHG; Maricopa County Superior Court Nos. LC2025-000025-001 and CV2025-036466.

Scope note: This page covers the administrative/OAH election-records case and the later Superior Court remand and special-action proceedings. It is separate from the published Court of Appeals executive-session voting page. NotebookLM briefing and study-guide material was reviewed only as orientation; the page relies on court and agency documents for the procedural record.

The posture in one sentence

The HOA initially won the OAH electronic-ballot dispute, the Superior Court later ordered a limited evidentiary remand, and a separate special-action ruling vacated later ALJ orders after the Trust invoked a new peremptory-change statute.

Case snapshot

Original issue

Whether electronic voting records and ballot-related materials had to be retained and made available under A.R.S. § 33-1812(A)(7).

Initial OAH result

ALJ Kay A. Abramsohn denied the petition on November 5, 2024, finding the association in compliance.

Superior Court remand

Judge Joseph P. Mikitish dismissed the broader appeal but remanded for a limited evidentiary hearing on two proposed pieces of evidence.

Special action result

Judge Scott A. Blaney ordered reassignment to a different ALJ and vacated ALJ orders entered on or after September 26, 2025.

How to read this record

The source record is useful, but it is not a single-document story. The key materials are spread across OAH filings, Superior Court administrative-review filings, and a later special-action case. This guide puts the case posture, dates, issues, participants, and key documents first.

The case is not a clean single-ruling page. It is a procedural chain: initial OAH decision, ADRE rehearing denial, administrative appeal, limited remand, remand-scope dispute, peremptory ALJ-change dispute, and a later special-action judgment. The layout reflects that sequence.

What the record shows

Electronic ballot retention remains the underlying dispute

The Trust challenged whether the HOA retained and produced the actual electronic ballots or only data outputs from VoteHOANow.

The remand was narrow

The Superior Court remanded for an evidentiary hearing on specified additional evidence, not a complete restart of discovery.

The subpoena dispute flowed from that narrow remand

OAH treated additional subpoenas as outside the limited remand scope; the Superior Court later denied a motion to enforce judgment and order to show cause.

The ALJ-change issue changed the posture

In CV2025-036466, the Superior Court held the Trust was entitled to a peremptory change of ALJ under A.R.S. § 41-1092.07(A), vacated later ALJ orders, and required reassignment.

Video overview: Arizona HOA election records fight

Watch this overview for the procedural path behind 24F-H047-REL: the electronic-ballot records dispute, the limited Superior Court remand, the fight over remand scope, and the later peremptory ALJ-change ruling.

For homeowners: how to use this OAH record

This record is most useful as a procedure map. It shows how a homeowner petition can move from ADRE to OAH, then to judicial review, then back to OAH on a limited remand, and finally into a separate special-action fight when a procedural right is denied.

If you are tracking an HOA records dispute, separate the underlying records question from the procedural questions. The electronic-ballot issue, the limited-remand scope, the subpoena dispute, and the peremptory ALJ-change issue each need their own timeline and source documents.

Suggested ADRE/OAH records workflow

  1. Identify the exact record category. For election disputes, distinguish actual ballots, voter lists, tabulation data, vendor exports, board minutes, and correspondence.
  2. Preserve the agency timeline. Keep the ADRE petition, hearing notices, OAH orders, rehearing requests, and final agency action together.
  3. Track the judicial-review scope. If Superior Court remands only for specific evidence or a specific hearing, do not treat the remand as a complete restart unless the order says so.
  4. Keep procedural rights separate. A subpoena dispute, remand-scope issue, and ALJ-change request may have different deadlines and remedies.
  5. Use the source PDFs. This page links the key orders and the full uploaded document list so readers can check the sequence directly.

Procedure checklist for boards, managers, and ADRE/OAH litigants

Do this
  • Preserve election-vendor records, ballot exports, tabulation records, and retention-policy materials before a dispute starts.
  • Document what was produced, what was withheld, and why.
  • Read remand orders narrowly and calendar every deadline attached to the remand.
  • Keep written proof of any procedural request, including ALJ-change requests and subpoena applications.
Avoid this
  • Do not assume a data export is the same thing as every ballot-related record a homeowner may request.
  • Do not blur the merits dispute with remand-scope or procedural-right disputes.
  • Do not rely on oral understandings when the OAH/Superior Court record needs a written order.
  • Do not let oversized or rejected PDFs disappear from the public source record.

What this administrative record does not decide

This page does not convert the initial OAH loss into a final homeowner merits win. It explains why the case did not remain a simple OAH decision page after the Superior Court remand and the later ALJ-reassignment ruling.

It also does not replace the separate published Court of Appeals executive-session voting case. That page interprets A.R.S. § 33-1804. This page is about the election-records administrative case and related procedural litigation.

Procedural timeline

DateEventWhy it matters
February 2024Sunland Springs Village HOA election used paper and electronic voting.The later records dispute focused on what counts as retained electronic ballots and related materials.
April 2024AZNH filed the HOA dispute through ADRE.ADRE referred the matter to OAH for hearing.
November 5, 2024OAH issued the initial decision denying the petition.The ALJ found the HOA had complied with the records-retention requirements.
January 8, 2025ADRE denied rehearing.The administrative case moved into judicial review.
April 17, 2025Superior Court dismissed the broader appeal and remanded for a limited evidentiary hearing.The remand focused on specific additional evidence, not open-ended discovery.
August 15, 2025OAH denied expanded subpoena relief.The ALJ applied the limited-remand framing.
September 17, 2025Superior Court denied the motion to enforce judgment and order to show cause.The court did not grant relief against OAH/ADRE over the remand-scope dispute.
September 26, 2025Revised A.R.S. § 41-1092.07(A) became effective; the Trust sought a peremptory ALJ change.This became the central issue in the later special action.
March 25, 2026Superior Court ruled for the Trust in CV2025-036466.Orders entered on or after September 26, 2025 were vacated and the case had to be reassigned to a different ALJ.

Key source documents

These are the documents a reader should start with. The full uploaded source list is below this curated set.

Doc 1Initial OAH decision

Initial OAH decision

ALJ decision denying the original electronic-ballot records claim; final agency action unless appealed.

Download
Doc 3Limited remand order

Limited remand order

Superior Court dismissed the broader appeal but remanded for a limited evidentiary hearing on specified additional evidence.

Doc 4OAH subpoena/remand order

OAH subpoena/remand order

OAH order addressing the subpoena request after the limited remand.

Download
Doc 5OAH order denying subpoena

OAH order denying subpoena

OAH order limiting the remand hearing and denying the expanded subpoena request.

Download
Doc 7Motion to enforce denied

Motion to enforce denied

Superior Court denied relief on the post-remand motion to enforce judgment and order to show cause.

Doc 8OAH hearing vacated/dismissed order

OAH hearing vacated/dismissed order

OAH order after the peremptory-change dispute and September 26, 2025 hearing setting.

Download
Doc 11Special action ruling

Special action ruling

Judge Scott A. Blaney vacated ALJ orders issued on or after September 26, 2025 and ordered reassignment to a different ALJ.

Oversized source files restored as static downloads

Two PDFs were too large for the current WordPress media upload limit, so they are served as static downloads instead of disappearing from the public record.

Complete uploaded document list

Show all linked source files
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Briefing Document_ AZNH Revocable Trust v. Arizona Department of Real Estate and Sunland Springs Village HOA.pdf111.7 KBDownload
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Oversized source PDF rejected by WordPress media upload29.2 MBDownload
Administrative appeal anatomy PDF rejected by WordPress media upload10.5 MBDownload
Chronological source-file roadmap CSV6.4 KBDownload

Frequently asked questions

Did the OAH decision finally resolve the electronic-ballot records dispute?

No. The initial OAH decision denied the petition, but later Superior Court orders created a limited remand and a separate ALJ-reassignment issue.

Why is the March 25, 2026 special-action ruling included?

It changed the administrative posture by vacating ALJ orders issued on or after September 26, 2025 and requiring reassignment to a different ALJ.

Does this page replace the published AZNH executive-session voting page?

No. This page covers the OAH election-records case family. The separate Court of Appeals page covers executive-session voting and open-meeting agendas.

Why are oversized PDFs served as static downloads?

Two source PDFs exceeded the current WordPress media upload limit. They are linked from the static court-case downloads folder so the public record stays complete.

Participants

Petitioner side

AZNH Revocable Trust; John F. Sullivan; Susan Sullivan.

Respondent side

Sunland Springs Village Homeowners Association; counsel included Chad M. Gallacher and B. Austin Baillio.

Neutral/government actors

OAH, ADRE, ALJ Kay A. Abramsohn, Judge Joseph P. Mikitish, and Judge Scott A. Blaney.

Media note: This page includes the YouTube overview above and is otherwise presented as a source-document guide.

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