Here is a summary of the administrative hearing proceedings for Case No. 11F-H1112005-BFS-res.

**Case Title:** *John Yuille v. Caida Court Homeowner Association*
**Forum:** Office of Administrative Hearings, State of Arizona
**Administrative Law Judge:** M. Douglas

**Hearing Proceedings**
The hearing took place on September 13, 2012. The Petitioner, John Yuille, appeared on his own behalf regarding a dispute over his removal as Chairman of the Board of Management for Caida Court Homeowner Association,. The Respondent, Caida Court, failed to appear at the hearing.

**Key Facts and Arguments**
The Petitioner was recalled from his position as Board Chairman on August 24, 2011. He filed a petition alleging that the Respondent violated A.R.S. § 33-1243(H) by failing to provide him with a copy of the recall petition before the meeting where he was removed,.

* **Petitioner’s Testimony:** Mr. Yuille testified that he returned from an out-of-state trip to find a special meeting underway regarding his removal. He requested a copy of the recall petition but was never provided one, leading him to believe a written petition did not actually exist,.
* **Respondent’s Position:** Although the Respondent did not attend the hearing, they submitted a written Answer admitting that they "possibly did not follow the statute" due to a lack of removal information, though they noted a 10-3 vote in favor of recall.

**Key Legal Issues**
The central legal issue was whether the Association complied with A.R.S. § 33-1243(H), which governs the removal of board members. The statute requires specific procedures for handling recall petitions, including calling, noticing, and holding a special meeting within thirty days after the receipt of a petition.

**Final Decision and Outcome**
The Administrative Law Judge ruled in favor of the Petitioner.

* **Findings:** The ALJ concluded that the Respondent failed to "call, notice, and hold the special meeting… within thirty days after receipt of the petition," thereby violating A.R.S. § 33-1243(H).
* **Orders:**
1. The Respondent was ordered to comply with the applicable provisions of A.R.S. § 33-1243(H) in the future.
2. The Respondent was ordered to reimburse the Petitioner’s filing fee of $550.00.
3. The Respondent was ordered to pay a civil penalty of $200.00 to the Department of Fire, Building and Life Safety.

**Certification**
The Department of Fire, Building and Life Safety took no action to reject or modify the decision within the statutory timeframe. Consequently, the decision was certified as the final administrative decision on October 24, 2012,.