Case Summary
| Case ID | 12F-H1212002-BFS, 12F-H1212009-BFS |
|---|---|
| Agency | Department of Fire, Building and Life Safety |
| Tribunal | OAH |
| Decision Date | 2013-01-17 |
| Administrative Law Judge | M. Douglas |
| Outcome | no |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John and Debborah Sellers | Counsel | — |
|---|---|---|---|
| Respondent | Crossings at Willow Creek Property Owners Association | Counsel | Joshua M. Bolen |
Alleged Violations
A.R.S. § 33-1804
A.R.S. § 33-1805
Outcome Summary
The ALJ dismissed both petitions (consolidated). The judge ruled that the Architectural Review Committee meetings were not regularly scheduled and thus not subject to open meeting notice requirements. Additionally, the judge ruled that the records requested by Petitioners were properly withheld under attorney-client privilege.
Why this result: Petitioners failed to prove by a preponderance of the evidence that the HOA violated statutes or governing documents; specific exceptions for non-regularly scheduled meetings and privileged records applied.
Key Issues & Findings
Failure to notice and conduct publicly ARC Meetings
Petitioners alleged that the ARC failed to notice and conduct meetings publicly. The HOA argued ARC meetings are not regularly scheduled and occur only as necessary, thus not requiring notice.
Orders: Petition dismissed; no action required.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
Failure to provide requested HOA records
Petitioners requested attorney invoices and communications. The HOA denied the request based on attorney-client privilege.
Orders: Petition dismissed; no action required.
Filing fee: $0.00, Fee refunded: No
Disposition: petitioner_loss
Decision Documents
12F-H1212002-BFS Decision – 321619.pdf
12F-H1212002-BFS Decision – 327760.pdf
**Case Summary: Sellers v. Crossings at Willow Creek Property Owners Association**
**Case Nos:** 12F-H1212002-BFS and 12F-H1212009-BFS (Consolidated)
**Forum:** Office of Administrative Hearings, State of Arizona
**Administrative Law Judge:** M. Douglas
**Overview**
Petitioners John and Debborah Sellers filed two petitions against the Crossings at Willow Creek Property Owners Association ("Crossings"). The matters were consolidated for hearings held on September 26, 2012, and January 4, 2013,. The proceedings addressed allegations regarding the conduct of Architectural Review Committee (ARC) meetings and the withholding of association records.
**Main Issues and Arguments**
**1. Public Conduct of ARC Meetings (Case No. 12F-H1212002-BFS)**
* **Petitioner Allegation:** The Petitioners alleged that Crossings failed to notice and conduct ARC meetings publicly, violating A.R.S. § 33-1804 and community documents.
* **Respondent Defense:** Crossings argued that it complied with state law and bylaws. Witnesses testified that the ARC did not hold "regularly scheduled" meetings. Instead, meetings occurred "on demand" or "as necessary" depending on when architectural applications were submitted,.
* **Key Legal Point:** A.R.S. § 33-1804(A) mandates that "regularly scheduled committee meetings" be open to members.
* **Finding:** The Administrative Law Judge (ALJ) found that credible testimony established ARC meetings were not regularly scheduled. Consequently, the notice requirements for regularly scheduled meetings under the statute and Crossings’ CC&Rs did not apply to these irregular occurrences.
**2. Production of Records (Case No. 12F-H1212009-BFS)**
* **Petitioner Allegation:** The Petitioners claimed Crossings failed to provide requested records, specifically invoices from the HOA’s attorneys and communications between the attorneys and third parties.
* **Respondent Defense:** Crossings denied the allegations, asserting that the refusal to release documents was based on privilege. Testimony indicated the association was involved in civil litigation with the City of Prescott and that communications often related to potential insurance claims or legal advice,.
* **Key Legal Point:** A.R.S. § 33-1805(B) permits an association to withhold
Case Participants
Petitioner Side
- John Sellers (petitioner)
Homeowner
appeared through John Sellers - Debborah Sellers (petitioner)
Homeowner
Testified; interior designer
Respondent Side
- Joshua M. Bolen (attorney)
Carpenter, Hazlewood, Delgado & Bolen, PLC
Attorney for Crossings at Willow Creek Property Owners Association - Brenda Doziar (board member)
Crossings at Willow Creek Property Owners Association
ARC member - Robert Balzano (witness)
Former statutory agent and manager of Crossings - Kenneth Burnett (board member)
Crossings at Willow Creek Property Owners Association
Neutral Parties
- M. Douglas (ALJ)
Office of Administrative Hearings - G. Eugene Neil (witness)
City of Prescott
Interim City Attorney - Larry Harding (witness)
Commercial insurance agent for Crossings - Gene Palma (agency director)
Department of Fire, Building and Life Safety - Cliff J. Vanell (agency director)
Office of Administrative Hearings
Director who certified the decision - Joni Cage (agency staff)
Department of Fire, Building and Life Safety
Recipient of decision copy
