Tag Archives: Failure to hold annual meetings

Michael D. Pursley vs. Sycamore Vista No. 7 Homeowners Association,

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Case Summary

Case ID 20F-H2019004-REL
Agency ADRE
Tribunal OAH
Decision Date 2019-12-04
Administrative Law Judge Tammy L. Eigenheer
Outcome yes
Filing Fees Refunded $1,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael D. Pursley Counsel —
Respondent Sycamore Vista No. 7 Homeowners Association, Inc. Counsel Maxwell T. Riddiough

Alleged Violations

A.R.S. § 33-1804(B)
A.R.S. § 33-1805

Outcome Summary

The ALJ ruled in favor of the Petitioner on both counts. It was found that the HOA violated statutes by failing to hold annual meetings in 2017 and 2018 and failing to timely respond to records requests. The HOA was ordered to refund the Petitioner's $1,000.00 filing fee.

Key Issues & Findings

Failure to hold annual meetings

Petitioner alleged Respondent failed to hold annual meetings. Respondent admitted to not holding meetings in 2017 and 2018 due to a belief that a quorum could not be established.

Orders: Violation found. Respondent ordered to comply (implied via prevailing party status).

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Failure to timely provide records

Petitioner alleged Respondent repeatedly failed to provide requested community documents within the statutory timeframe. Respondent eventually provided documents but not within the required time.

Orders: Violation found.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Decision Documents

20F-H2019004-REL Decision – 757066.pdf

Uploaded 2026-01-27T21:17:20 (89.0 KB)

**Case Summary: Pursley v. Sycamore Vista No. 7 Homeowners Association, Inc.**
**Case No.** 20F-H2019004-REL
**Date of Decision:** December 4, 2019
**Administrative Law Judge:** Tammy L. Eigenheer

**Proceedings and Parties**
The hearing took place on October 18, 2019, before the Arizona Department of Real Estate. The Petitioner, Michael D. Pursley, a member of the Sycamore Vista No. 7 Homeowners Association (HOA), appeared on his own behalf. The Respondent (the HOA) was represented by counsel.

**Key Facts and Arguments**
The dispute centered on two main allegations regarding the HOA's failure to adhere to statutory governance requirements:

1. **Failure to Hold Meetings:** The Petitioner alleged, and the Respondent acknowledged, that the HOA did not hold annual member meetings in 2017 or 2018.
* *Respondent’s Argument:* The HOA argued that because the lots were undeveloped and uninhabited during those years, they believed they could not achieve the necessary quorum to hold a meeting.
2. **Failure to Provide Records:** The Petitioner sent multiple requests for governing documents (CC&Rs, Bylaws, financials) on January 20, April 6, and June 21, 2019.
* *Respondent’s Action:* The HOA's management company eventually emailed the requested documents on June 27, 2019.
* *Legal Standard:* A.R.S. § 33-1805 requires associations to fulfill records requests within 10 business days.

**Legal Issues**
* **A.R.S. § 33-1804(B):** Whether the HOA violated the statutory requirement to hold a member meeting at least once each year.
* **A.R.S. § 33-1805(A):** Whether the HOA failed to make records reasonably available within the statutory timeframe.

**Tribunal Findings and Decision**
The Administrative Law Judge ruled in favor of the Petitioner, concluding that the HOA violated both statutory provisions:
* **Annual Meetings:** The Tribunal found the Petitioner established by a preponderance of the evidence that the HOA failed to hold the required annual meetings in 2017 and 2018.
* **Records Requests:** The Tribunal found the HOA failed to timely respond to the Petitioner’s document requests as required by law, noting that while the Petitioner eventually received the documents, the response was not within the mandated timeframe.

**Final Outcome and Order**
* **Prevailing Party:** The Petitioner was deemed the prevailing party.
* **Monetary Award:** The Respondent was ordered to pay the Petitioner’s filing fee of $1,000.00 within 30 days.
* **Civil Penalty:** The Judge determined that no civil penalty was appropriate in this matter.

Case Participants

Petitioner Side

  • Michael D. Pursley (petitioner)
    Appeared on his own behalf

Respondent Side

  • Maxwell T. Riddiough (respondent representative)
    Sycamore Vista No. 7 Homeowners Association, Inc.
    Represented the Respondent
  • Bradley P. Miller (Statutory Agent)
    Sycamore Vista No 7 HOA, Inc.
    Listed on transmission list

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Listed on transmission list
  • Felicia Del Sol (clerk)
    Office of Administrative Hearings
    Transmitted the decision

Babington, Nancy L. vs. Park Scottsdale II Townhouse HOA

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Case Summary

Case ID 13F-H1313004-BFS
Agency Department of Fire, Building and Life Safety
Tribunal OAH
Decision Date 2014-03-11
Administrative Law Judge M. Douglas
Outcome yes
Filing Fees Refunded $550.00
Civil Penalties $200.00

Parties & Counsel

Petitioner Nancy L. Babington Counsel —
Respondent Park Scottsdale II Townhouse HOA Counsel Charlene Cruz

Alleged Violations

A.R.S. § 33-1248(B)

Outcome Summary

The ALJ ruled in favor of the Petitioner, finding that the HOA violated A.R.S. § 33-1248(B) by failing to hold annual meetings for five consecutive years. The HOA was ordered to hold a meeting, reimburse the Petitioner's filing fee, and pay a civil penalty.

Key Issues & Findings

Failure to hold annual meetings

Petitioner alleged the HOA failed to hold annual meetings or any open meetings since 2010. Respondent admitted no annual meetings were held for years 2010-2013 and 2014 failed for lack of quorum.

Orders: Respondent must schedule an annual meeting within 60 days, pay Petitioner $550.00 for filing fees, and pay the Department a $200.00 civil penalty.

Filing fee: $550.00, Fee refunded: Yes, Civil penalty: $200.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1248(B)

Decision Documents

13F-H1313004-BFS Decision – 386095.pdf

Uploaded 2026-01-25T15:28:51 (85.6 KB)

13F-H1313004-BFS Decision – 391198.pdf

Uploaded 2026-01-25T15:28:51 (60.5 KB)

**Case Summary: Babington vs. Park Scottsdale II Townhouse HOA**
**Case No:** 13F-H1313004-BFS
**Forum:** Arizona Office of Administrative Hearings
**Date of Hearing:** March 10, 2014

**Overview and Proceedings**
Petitioner Nancy L. Babington filed a petition against Respondent Park Scottsdale II Townhouse HOA ("Park"), alleging violations of state statutes regarding homeowners' association meetings. The hearing took place before Administrative Law Judge M. Douglas, with the Petitioner appearing on her own behalf and the Respondent represented by legal counsel.

**Key Arguments and Facts**
The central issue was whether Park violated A.R.S. § 33-1248(B) by failing to hold required annual meetings.

* **Petitioner’s Position:** Ms. Babington argued that the association had not held an annual meeting or board election since 2009. She testified that the current Board consisted of individuals who were either never elected or whose terms had expired, and that repeated attempts to force a meeting had been ignored.
* **Respondent’s Position:** Park admitted in its Amended Answer that it did not hold annual meetings in 2010, 2011, 2012, or 2013. A Board member testified that the Board "chose not to have annual meetings" due to the association's poor financial situation. The Respondent noted an attempt to hold a meeting in 2014 failed due to a lack of quorum and stated that the Board currently only held executive sessions.

**Legal Findings**
The Administrative Law Judge (ALJ) relied on A.R.S. § 33-1248(B), which mandates that a "meeting of the unit owners' association shall be held at least once each year" regardless of provisions in condominium documents.

The ALJ found the Petitioner met the burden of proof by a preponderance of the evidence. The tribunal concluded that Park violated A.R.S. § 33-1248(B) by failing to hold annual meetings for five consecutive years (2010 through 2014).

**Final Decision and Order**
The ALJ ruled in favor of the Petitioner and issued the following orders:
1. **Compliance:** Park was ordered to comply with A.R.S. § 33-1248(B) and schedule an annual meeting within 60 days of the order's effective date.
2. **Restitution:** Park was ordered to reimburse the Petitioner’s filing fee of $550.00 within 30 days.
3. **Civil Penalty:** Park was assessed a $200.00 civil penalty payable to the Department of Fire, Building and Life Safety.

**Certification**
Because the Department of Fire, Building and Life Safety took no action to accept, reject, or modify the decision within the statutory timeframe, the ALJ’s decision was certified as the final administrative decision on April 18, 2014.

Case Participants

Petitioner Side

  • Nancy L. Babington (petitioner)
    Park Scottsdale II Townhouse HOA (Member)
    Appeared on her own behalf

Respondent Side

  • Charlene Cruz (HOA attorney)
    Mulcahy Law Firm, P.C.
    Represented Respondent
  • Joe Silberschlag (board member)
    Park Scottsdale II Townhouse HOA
    Witness; testified he was elected to the Board in 2009
  • Beth Mulcahy (HOA attorney)
    Mulcahy Law Firm, PC
    Listed on mailing distribution

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Gene Palma (agency director)
    Department of Fire Building and Life Safety
    Director
  • Cliff J. Vanell (OAH director)
    Office of Administrative Hearings
    Signed Certification of Decision
  • Joni Cage (agency staff)
    Department of Fire Building and Life Safety
    c/o for Gene Palma
  • Rosella J. Rodriguez (OAH staff)
    Office of Administrative Hearings
    Signed mailing/transmission