Case Summary
| Case ID | 19F-H1919062-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-08-27 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | partial |
| Filing Fees Refunded | $1,500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Sean McCoy | Counsel | — |
|---|---|---|---|
| Respondent | Barclay Place Homeowners Association | Counsel | Nathan Tennyson |
Alleged Violations
A.R.S. § 33-1804(A)
A.R.S. § 33-1810
A.R.S. § 33-1805(A)
Outcome Summary
Petitioner prevailed on the claim regarding the failure to provide financial compilations (ISS-002) and was awarded a filing fee refund. Respondent prevailed on claims regarding meeting recordings (ISS-001) and communication restrictions (ISS-003). A rehearing on ISS-003 affirmed the decision in favor of the Respondent.
Why this result: Petitioner failed to prove violations regarding meeting recordings (as the Board provided recordings) and communication restrictions (as the Board may manage communication channels for onerous requests).
Key Issues & Findings
Failure to allow videotaping
Petitioner alleged the HOA violated statute by prohibiting members from recording meetings. The ALJ found that because the Board recorded the meetings and made them available, prohibiting members from recording did not violate the statute.
Orders: Respondent deemed prevailing party on this item.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
Failure to provide compiled financial statements
The HOA failed to complete and provide the 2017 financial compilation within the statutory timeframe (180 days after fiscal year end). Documents were not sent to the accountant until one month prior to the hearing.
Orders: Respondent ordered to pay Petitioner $500.00 (filing fee refund) within 30 days.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
Denial of reasonable access and communication
Petitioner alleged that requiring him to communicate solely through the HOA's attorney violated his rights. The ALJ found this was standard practice when requests become onerous and did not constitute a violation.
Orders: Respondent deemed prevailing party on this item.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
