Briefing Document: Krahn Living Trust vs. Tonto Forest Estates HOA (Case No. 25F-H057-REL)

Executive Summary

This document synthesizes the proceedings and final decision in case number 25F-H057-REL, a dispute between the John R. Krahn Living Trust (Petitioner) and the Tonto Forest Estates Homeowners Association (Respondent). The core of the dispute was an allegation that the Respondent violated Arizona Revised Statute (A.R.S.) § 33-1805 by providing an improperly redacted version of the March 2025 check register in response to a formal records request.

The Petitioner argued that the redaction was unjustified, targeted, and part of a larger pattern of non-compliance and bad faith by the HOA’s board. The Respondent countered that mailing the redacted document was a clerical error and that it fulfilled its statutory duty by making the complete, unredacted check register available to all members on its online portal within the 10-day legal timeframe.

The Administrative Law Judge (ALJ) ultimately dismissed the petition. The decision found that while the Respondent had mistakenly mailed a redacted document, the subsequent posting of the unredacted version on the community portal rendered the issue moot. The ALJ concluded there was insufficient evidence to prove the Respondent’s actions were purposeful, “personal,” or part of a negligent pattern of behavior.

Case Overview

Detail

Description

Case Number

25F-H057-REL

Petitioner

John R. Krahn Living Trust / Janet Krahn Living Trust (represented by John Khran)

Respondent

Tonto Forest Estates Homeowners Association (represented by President Dwight A. Jolivette)

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Velva Moses-Thompson

Core Statute

A.R.S. § 33-1805: Association financial and other records

Chronology of Key Events

• March 31, 2025: John Khran submits a written request to the HOA for the March 2025 check register and specific legal invoices from Maxwell & Morgan.

• c. April 10, 2025: The HOA responds via U.S. Mail, sending a packet that includes a partially redacted version of the March 2025 check register.

• April 14, 2025: The statutory 10-business-day deadline for the records request. The HOA asserts it uploaded the unredacted check register to its online portal on this date.

• April 14 – April 21, 2025: The ALJ’s final decision establishes that the unredacted check register was made available on the portal during this period.

• May 19, 2025: Mr. Khran files a petition with the Arizona Department of Real Estate, alleging a violation of A.R.S. § 33-1805.

• September 17, 2025: The ALJ denies the Petitioner’s request for a subpoena requiring an in camera review, deeming it unnecessary.

• September 26, 2025: The ALJ denies the Petitioner’s motion to order an exchange of position statements but allows parties to file prehearing memorandums.

• October 22, 2025: The evidentiary hearing is held. Both John Khran and Dwight Jolivette provide sworn testimony.

• November 3, 2025: The official record for the hearing closes after a period allowing for the submission of post-hearing exhibits and responses.

• November 24, 2025: ALJ Velva Moses-Thompson issues the final decision, dismissing the petition.

Petitioner’s Position and Arguments

The Petitioner, represented by John Khran, contended that the HOA willfully withheld records and acted in bad faith, violating both the letter and spirit of state law.

Core Allegation: Violation of A.R.S. § 33-1805

The central claim was that the HOA failed to make records “reasonably available” by providing a version of the March 2025 check register with a blacked-out line item. Khran argued this act constituted a direct violation of the statute.

Argument 1: Improper and Targeted Redaction

• The redacted information consisted of routine financial metadata: general ledger code (5703), budget category (“Legal General”), and an invoice number (53189).

• Khran demonstrated that this information was not privileged by showing it was unredacted on other parts of the same document, in the prior month’s (February 2025) check register, and on the legal invoice itself.

• He argued the redaction served no lawful purpose and was applied specifically to his request, as evidenced by the HOA later publishing the full, unredacted version to the community portal.

• Key Quote: “This kind of inconsistent, personal and excessive reaction is not only justified, his violate the RS 331805A and respond statutory duty to treat all members fairly.”

Argument 2: Pattern of Non-Compliance and Bad Faith

• Khran asserted this was the HOA’s third violation of A.R.S. § 33-1805, citing cases 24F13 and 25FH11.

• He accused the board of adopting a “litigate every ing strategy,” escalating every complaint to the OAH rather than seeking resolution through mediation or negotiation, which he claimed caused “serious and lasting harm” to the 52-member community.

• He noted that the HOA ignored a subpoena’s explicit warning that “excessive or unjustified redactions” could be deemed bad faith.

Requested Relief

The Petitioner requested four specific orders from the court:

1. A finding that the Petitioner was the prevailing party.

2. Reimbursement of the $500 filing fee.

3. An order mandating the HOA’s future compliance with A.R.S. § 33-1805.

4. Imposition of a symbolic $1 civil penalty to deter future non-compliance and prevent the board from claiming vindication.

Respondent’s Position and Arguments

The Respondent, represented by its President Dwight Jolivette, maintained that it had complied with its statutory obligations and that the incident was an unintentional error.

Core Defense: Compliance via Portal Publication

• The HOA’s primary defense was that the unredacted March 2025 check register was made available for review by all members on the community portal on April 14, 2025, within the 10-day statutory deadline.

• Jolivette argued this action satisfied the requirement to make records “reasonably available for examination.”

• Key Quote: “Our sole question today is whether or not the board provided the March 2025 check register as requested by the petitioner under ARS 331805 for review within the 10day time frame specified by the law. Our position is we did.”

Argument 1: Clerical Error and Miscommunication

• Jolivette testified that sending the redacted check register was not intentional but was “simply a mistake caused by miscommunication.”

• He explained that both redacted and unredacted versions were prepared, and a clerk mistakenly included the redacted version in the mail packet sent to Khran. The board was unaware of the error until the complaint was filed.

Argument 2: Lack of Malicious Intent

• Jolivette argued that since the HOA publishes the check register unredacted for the entire community every month, there was no logical reason to single out Khran’s request for redaction.

• Key Quote: “Why? Why would we suddenly want to redact this stuff? We’re hoping for a little common sense here today to go along with the law.”

Argument 3: Petitioner’s Failure to Mitigate

• The Respondent pointed out that Khran, a former board member familiar with the process, did not contact the board to report the error. Had he done so, Jolivette stated, the issue would have been corrected immediately without the need for a formal hearing.

Administrative Law Judge’s Decision and Rationale

The ALJ’s final decision focused on the material facts and the legal concept of mootness, ultimately dismissing the Petitioner’s case.

Summary of Findings

1. Request and Response: The Petitioner submitted a records request on March 31, 2025. On or about April 10, 2025, the Respondent mailed copies of the requested items but “mistakenly gave Petitioner a redacted 2025 check register.”

2. Portal Publication: The Respondent uploaded an unredacted March 2025 check register to its online portal, making it available to all members, sometime between April 14, 2025, and April 21, 2025.

3. Lack of Evidence for Intent: The ALJ found “insufficient evidence to establish that Respondent purposefully neglected to mail Khran an unredacted March 2025 check register or that the failure to include the correct check register…was ‘personal.'”

4. No Pattern of Negligence: The decision also stated there was “insufficient evidence to establish that Respondent had a negligent pattern of responding to records requests in error or untimely.”

Central Legal Conclusion: Mootness

The core of the legal decision rested on the issue being moot. The ALJ determined that because the unredacted document was made available on the online portal before the Petitioner filed the complaint, the underlying issue was resolved.

• Key Quote from Decision: “It is undisputed that the unredacted March 2025 check register was uploaded to Respondent’s online portal which is available to all members before the petition was filed… Even if the unredacted check register was made available on its website after the 10-day statutory period, the issue is now moot.”

Final Order

“IT IS ORDERED that John R Krahn Living Trust / Janet Krahn Living Trust’s petition against Respondent Tonto Forest Estates Homeowners Association is dismissed.”