**Case Summary: Nelson v. Landings Homeowners Association**
**Case No.** 13F-H1314003-BFS
**Forum:** Office of Administrative Hearings, Arizona
**Hearing Date:** January 31, 2014
**Decision Date:** February 14, 2014 (Certified Final March 31, 2014)

**Parties and Procedures**
Petitioner Paula J. Nelson filed a petition with the Department of Fire, Building and Life Safety against Respondent Landings Homeowners Association ("Landings"). The hearing was presided over by Administrative Law Judge M. Douglas,.

**Main Issue**
The central legal issue was whether Landings violated A.R.S. § 33-1805(A) by failing to provide Nelson with copies of requested association records—specifically roofing assessments and photographs—within ten business days of her request.

**Key Facts and Arguments**
* **Petitioner’s Claims:** Nelson submitted records requests beginning April 12, 2013, demanding the Association email her copies of specific documents. She alleged the Association withheld specific "binders" created by a former representative, Mr. Minor, which she believed contained comprehensive individual roof assessments and photographs,. Nelson admitted she refused to view the binders held by the Association’s attorney because she believed they were not the specific records she sought,.
* **Respondent’s Defense:** Landings argued it satisfied the statute by making records "reasonably available for inspection" at the management company’s office. The Association contended that A.R.S. § 33-1805(A) does not require emailing documents or providing them in a specific format chosen by the member. Regarding the "Minor binders," the Association maintained it could not produce records it did not possess.
* **Witness Testimony:**
* **Robyn McRae** testified she accompanied Nelson to the management office, noting some documents were missing or unavailable at that time,.
* **Robert Timmons** (contractor) testified regarding the roofing project. He stated he did not know if the specific photographs or records Nelson sought were ever in the Association's possession,.
* **Paula Nelson** acknowledged she did not schedule an appointment to review the binders offered by the Association's attorney.

**Legal Standards**
* **A.R.S. § 33-1805(A):** Requires associations to make financial and other records "reasonably available for examination" by a member within ten business days. It further allows associations to charge for copies.
* **Burden of Proof:** The burden falls on the Petitioner to prove the violation by a preponderance of the evidence.

**Findings and Conclusions**
The Administrative Law Judge (ALJ) reached the following conclusions:
1. **Possession of Records:** There was no credible evidence that Landings possessed the specific binders created by Mr. Minor that Nelson requested, other than the materials already offered for her review. The fact that the Association paid for the creation of such binders did not prove they were delivered or currently possessed in the format Nelson alleged.
2. **Compliance:** Landings complied with the request in a "reasonable manner" by attempting to schedule inspections and offering review of materials at the attorney's office.
3. **Privilege:** The Association was not required to disclose privileged communications between itself and its attorney.

**Outcome**
The ALJ determined that Nelson failed to satisfy her burden of proof. Landings was deemed the prevailing party, and the petition was dismissed. The decision became the final administrative decision of the Department of Fire, Building and Life Safety on March 31, 2014, after the Department took no action to modify or reject it within the statutory timeframe.