Brown, William M. vs. Terravita Country Club Inc.

Case Summary

Case ID 11F-H1112007-BFS
Agency Department of Fire Building and Life Safety
Tribunal OAH
Decision Date 2012-05-08
Administrative Law Judge Lewis D. Kowal
Outcome yes
Filing Fees Refunded $550.00
Civil Penalties $0.00

Parties & Counsel

Petitioner William M. Brown Counsel
Respondent Terravita Country Club, Inc. Counsel Joshua M. Bolen

Alleged Violations

A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge concluded that Respondent violated A.R.S. § 33-1805(A) because, although it provided the policy, it did not do so within the mandatory ten business days. The late delivery was attributed to an unintentional computer error. Petitioner was deemed the prevailing party and awarded the $550.00 filing fee, but no civil penalties were assessed against the Respondent.

Key Issues & Findings

Failure to provide records (Directors and Officers Liability Insurance Policy) within ten business days

Petitioner requested a copy of the Respondent's Directors and Officers Liability Insurance Policy. Respondent failed to provide the policy within the statutory ten business day period, allegedly due to a computer error where the email became stuck in an outbox.

Orders: Respondent shall pay Petitioner his filing fee of $550.00. No civil penalty imposed as Respondent attempted to comply.

Filing fee: $550.00, Fee refunded: Yes

Disposition: petitioner_win

Decision Documents

11F-H125885-BFS Decision – 292130.pdf

Uploaded 2026-01-25T15:25:36 (81.4 KB)

11F-H125885-BFS Decision – 295358.pdf

Uploaded 2026-01-25T15:25:36 (60.5 KB)

Based on the provided sources, here is a summary of the administrative hearing for *William M. Brown v. Terravita Country Club, Inc.* (Case No. 11F-H1112007-BFS). Please note that the case number in the provided documents differs from the one listed in your query.

### Case Overview
**Petitioner:** William M. Brown
**Respondent:** Terravita Country Club, Inc.
**Case Number:** 11F-H1112007-BFS
**Tribunal:** Arizona Office of Administrative Hearings
**Date of Decision:** May 8, 2012 (Certified Final on June 14, 2012),

### Key Facts and Proceedings
The dispute arose from a records request made by the Petitioner, a resident of the Respondent's planned community. On October 21, 2011, the Petitioner emailed the Respondent requesting a copy of the "Directors and Officers Liability Insurance Policy".

The Respondent’s Custodian of Records initially provided a "Certificate of Insurance Liability" rather than the full policy. The Petitioner clarified his request later that day. On November 4, 2011, the Custodian attempted to email the correct policy to the Petitioner. However, she testified that the email became "stuck" in her outbox due to a computer error and was not successfully delivered until November 7, 2011,,.

The Petitioner filed a complaint alleging the Respondent failed to provide the records within the ten-business-day timeframe mandated by Arizona law. During the proceedings, the Petitioner also alleged that the Respondent's witness committed perjury regarding her involvement in other civil litigation and the spelling of her name,.

### Main Legal Issues
1. **Statutory Compliance:** Whether the Respondent violated A.R.S. § 33-1805(A), which requires community associations to make records available within ten business days of a request.
2. **Defense of Error:** Whether the Respondent's unintentional "computer error" excused the failure to meet the statutory deadline,.
3. **Witness Credibility:** Whether the Respondent’s witness provided false testimony regarding her personal details,.

### Final Decision and Outcome
Administrative Law Judge (ALJ) Lewis D. Kowal issued the following ruling:

* **Violation Found:** The ALJ concluded that the Respondent violated A.R.S. § 33-1805(A). Although the Respondent eventually provided the policy, it failed to do so within the required ten business days,.
* **Sanctions and Penalties:** The ALJ determined that civil penalties were not warranted. The judge accepted the testimony that the Respondent attempted to comply in good faith on November 4, 2011, and that the delay was caused by technical difficulties.
* **Perjury Allegations Dismissed:** The ALJ found the witness's explanations regarding her name and litigation history to be reasonable and truthful, determining that these issues did not impact her credibility,.

### Order
Because the Petitioner prevailed in proving the statutory violation, the Respondent was ordered to reimburse the Petitioner's filing fee of **$550.00** within 30 days. No further action was required regarding the records, as the policy had already been provided. The decision was certified as the final administrative decision by the Department of Fire, Building and Life Safety on June 14, 2012.

Case Participants

Petitioner Side

  • William M. Brown (Petitioner)

Respondent Side

  • Joshua M. Bolen (Attorney)
    Carpenter Hazelwood, Delgado, & Bolen, PLC
    Representing Terravita Country Club, Inc.
  • Cici Rausch (Custodian of Records)
    Terravita Country Club, Inc.
    Also identified as Celia Anne Rausch; testified at hearing
  • Tom Forbes (General Manager)
    Terravita Country Club, Inc.
  • Raquel Shull (Controller)
    Terravita Country Club, Inc.

Neutral Parties

  • Lewis D. Kowal (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Gene Palma (Director)
    Department of Fire, Building and Life Safety
  • Cliff J. Vanell (Director)
    Office of Administrative Hearings
    Certified the decision
  • Beth Soliere (Agency Staff)
    Department of Fire, Building and Life Safety
    Recipient of transmitted copy

Brown, William M. vs. Terravita Country Club Inc.

Case Summary

Case ID 11F-H1112007-BFS
Agency Department of Fire Building and Life Safety
Tribunal OAH
Decision Date 2012-05-08
Administrative Law Judge Lewis D. Kowal
Outcome yes
Filing Fees Refunded $550.00
Civil Penalties $0.00

Parties & Counsel

Petitioner William M. Brown Counsel
Respondent Terravita Country Club, Inc. Counsel Joshua M. Bolen

Alleged Violations

A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge concluded that Respondent violated A.R.S. § 33-1805(A) because, although it provided the policy, it did not do so within the mandatory ten business days. The late delivery was attributed to an unintentional computer error. Petitioner was deemed the prevailing party and awarded the $550.00 filing fee, but no civil penalties were assessed against the Respondent.

Key Issues & Findings

Failure to provide records (Directors and Officers Liability Insurance Policy) within ten business days

Petitioner requested a copy of the Respondent's Directors and Officers Liability Insurance Policy. Respondent failed to provide the policy within the statutory ten business day period, allegedly due to a computer error where the email became stuck in an outbox.

Orders: Respondent shall pay Petitioner his filing fee of $550.00. No civil penalty imposed as Respondent attempted to comply.

Filing fee: $550.00, Fee refunded: Yes

Disposition: petitioner_win