**Case Summary: Kenneth W. Zablotny vs. Sycamore Hills Estates, Inc.**
**Case Number:** 20F-H2019022-REL
**Hearing Date:** February 13, 2020
**Administrative Law Judge:** Antara Nath Rivera

**Proceedings**
The hearing was convened by the Arizona Department of Real Estate to address a dispute between Petitioner Kenneth W. Zablotny and Respondent Sycamore Hills Estates, Inc. The Petitioner appeared on his own behalf. The Respondent failed to appear, despite receiving proper notice, and the hearing proceeded in their absence.

**Key Facts**
The Petitioner, a homeowner in the community since 2012, sought access to the Association's books and records following discrepancies regarding homeowner dues and foreclosure statuses.
* **Repeated Requests:** Between December 2017 and December 2019, the Petitioner made numerous requests (via certified mail, website, and in-person attempts) to inspect financial records.
* **Respondent's Failure to Comply:** The Respondent’s manager and board consistently ignored requests, refused access, or provided incomplete and illegible documents. The Petitioner testified that he was refused access to books involving multiple accounts.

**Legal Issues**
The primary legal issue was whether the Respondent’s actions violated state law and community bylaws regarding member access to records.
* **A.R.S. § 33-1805:** This statute mandates that association financial records be made "reasonably available for examination" by any member. It grants associations ten business days to fulfill examination requests.
* **Bylaws Article X:** The community's bylaws state that books and records shall be subject to inspection by any member "at all times, during reasonable business hours".

**Findings and Conclusions**
The Administrative Law Judge found that the Department had jurisdiction over the dispute pursuant to A.R.S. § 41-2198.01(B). The Judge concluded that the Petitioner met the burden of proof by a preponderance of the evidence.
* **Violation Established:** The evidence demonstrated that the Respondent failed to provide dates and times for inspection and did not grant access to the records despite the Petitioner's repeated attempts, constituting a violation of both A.R.S. § 33-1805 and Article X of the Bylaws.

**Final Order**
The Judge ordered the following relief:
1. **Petition Upheld:** The Petitioner was deemed the prevailing party.
2. **Production of Records:** The Respondent was ordered to supply the relevant documents to the Petitioner within 10 days of the Order.
3. **Reimbursement:** The Respondent was ordered to pay the Petitioner the $500.00 filing fee within 30 days.
4. **Civil Penalty:** No civil penalty was assessed.