**Case Summary: Rex E. Duffett vs. Suntech Patio Homes Inc.**
**Case No. 14F-H1414006-BFS**

**Proceedings and Parties**
An administrative hearing was held on July 24, 2014, before the Arizona Office of Administrative Hearings regarding a petition filed by Rex E. Duffett ("Petitioner") against Suntech Patio Homes Inc. ("Respondent"). The Petitioner appeared in person to present testimony and evidence, while the Respondent failed to appear.

**Key Facts and Arguments**
The Petitioner, a homeowner and member of the Suntech planned community association, alleged that the Respondent violated Arizona Revised Statutes (A.R.S.) § 33-1805 regarding the inspection of association records,.

The dispute arose after the Petitioner received notice of a homeowner association fee increase in November 2013. Suspecting a violation of open meeting laws, the Petitioner requested meeting notices and minutes regarding the increase. After repeated requests and threats of legal action, the management company informed him that no minutes existed as no meeting had occurred.

Additionally, on March 23, 2014, and again on June 16, 2014, the Petitioner requested copies of the association's Rules and Regulations and Architectural Guidelines. The Petitioner testified that the Respondent failed to provide the requested documents in a timely manner, with a delay of nearly three months before receiving copies of the By-Laws.

**Legal Issues and Findings**
The central legal issue was compliance with A.R.S. § 33-1805, which mandates that an association make records available or provide copies within ten business days of a member's request,.

The Administrative Law Judge (ALJ) found that the Petitioner met the burden of proof by a preponderance of the evidence,. Based on undisputed testimony, the ALJ concluded that Suntech failed to respond to the document requests within the statutory ten-day period, thereby violating A.R.S. § 33-1805.

**Outcome and Final Decision**
The ALJ ruled in favor of the Petitioner, designating him the prevailing party. The Tribunal issued the following orders:
* **Compliance:** Suntech was ordered to comply with the provisions of A.R.S. § 33-1805 in the future.
* **Monetary Relief:** Suntech was ordered to reimburse the Petitioner’s filing fee of $550.00 within 30 days.
* **Penalties:** No civil penalty was imposed.

The Department of Fire, Building and Life Safety did not reject or modify the ALJ's decision within the statutory review period. Consequently, the decision was certified as the final administrative decision on September 11, 2014,.