02/26/2013 — CV2013003546 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 02/26/2013 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/28/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-003546
02/26/2013
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
D. Glab
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC, et al.
MARK K SAHL
ORDER SIGNED
IT IS ORDERED approving/granting the formal written Order to Show Cause signed and
modified by the Court on February 25, 2013, and entered (filed) by the clerk on February 26,
2013.
The modifications are highlighted as follows:
IT IS ORDERED that Petitioners are to appear before the Superior Court of the County
of Maricopa, Arizona, in the Court of Lisa Daniel Flores, Division 50, located at Courtroom
412, 101 W. Jefferson, Phoenix, Arizona on the 4th of March, 2013, at the hour of 9:45 a.m.
Time allotted: 15 minutes.
Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-003546
02/26/2013
Docket Code 022
Form V000A
Page 2
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
03/04/2013 — CV2013003546 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 03/04/2013 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/07/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-003546
03/04/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
D. Glab
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC, et al.
MARK K SAHL
MINUTE ENTRY
Courtroom 412 – East Court Building
9:49 a.m. This is the time set for Evidentiary Hearing. Plaintiff is represented by
counsel, Mark K. Sahl. Marilyn A. Walker Vollmer is present with counsel, Mark K. Sahl.
A record of the proceeding is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
Marilyn A. Walker Vollmer is sworn and testifies.
The Court finds that based on the testimony of Ms. Vollmer, that it is impractical or
impossible for the Sundance Residential Homeowners Association, Inc. to call or conduct a
meeting of its members as prescribed in the HOA Bylaws because there is not the participation at
any meeting that would qualify as a quorum. For that reason, the Board is unable to conduct
business.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-003546
03/04/2013
Docket Code 005
Form V000A
Page 2
IT IS ORDERED that the HOA Board hold an annual meeting in November 2013. Notice
of the annual meeting shall be provided as required by the Bylaws. The notice also shall state, in
bold-face type, that for this meeting only, if less than 25% of the members attend the meeting,
those present will constitute a quorum, and a majority of those present may amend the Bylaws.
IT IS FURTHER ORDERED that if a quorum as currently described in the Bylaws is
present, the Board shall conduct its business. For purposes of this meeting only, if less than a
quorum is present, those present shall satisfy the quorum requirement. The Board is authorized
to conduct business, including proposing Bylaw amendments. For purposes of this meeting only,
the Bylaws may be amended if passed by a majority of those present at the meeting.
IT IS FURTHER ORDERED that the items on the agenda shall include the quorum
requirement in the Bylaws and a proposed amendment to the “residential voting system” which
is prohibited by Arizona law. The voting members present at that meeting shall also be able to
consider and vote on any other amendments that are proposed by the Board.
Counsel shall submit a form of order for the Court’s signature.
10:09 a.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
09/09/2013 — CV2013003546 HOMEOWNERS ASSOCIATION INC, SUNDANCE RESIDENTIAL 09/09/2013 HONORABLE LISA DANIEL FLORES View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/10/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-003546
09/09/2013
Docket Code 025
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE LISA DANIEL FLORES
S. Uppendahl
Deputy
SUNDANCE RESIDENTIAL HOMEOWNERS
ASSOCIATION INC, et al.
MARK K SAHL
JOSEPH JARVIS
1894 S 216 LN
BUCKEYE AZ 85326
MINUTE ENTRY
The Court received a document, with attachments, entitled “Complaint: Amicus Curiae
of False Statements with Supporting Documents,” which was hand-delivered September 6, 2013
by Joseph Jarvis. It does not appear to have been filed with the Clerk of Court; it does not
appear in docket under the cause number. The document relates to a petition filed February 14,
2013 by Sundance Residential Homeowners Association Inc., requesting relief pursuant to ARS
§ 10-3160. The Court held a hearing and heard testimony under oath from Marilyn A. Walker
Volmer. The Court issued a detailed order by minute entry dated March 4, 2013, followed by a
signed order filed March 11, 2013.
The Court cannot consider the document and attachments delivered by Joseph Jarvis.
The document has not been filed with the Clerk of Court and there is no indication that the
attorney for the Homeowners Association was provided a copy. Such ex parte communication
with the Court is not permitted and it would be improper for the Court to consider it.
If Mr. Jarvis and the others listed as “Complainants” have evidence that perjured
testimony was provided to the Court, the evidence should be turned over to law enforcement. If
the Complainants seek affirmative judicial relief, they may pursue their claims through the filing
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-003546
09/09/2013
Docket Code 025
Form V000A
Page 2
of a civil action. This Court cannot take any action based on the papers that were hand-delivered
September 6, 2013.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
