Based on the provided documents, here is a concise summary of the legal hearing for Case No. 11F-H1112010-BFS, which was consolidated with two related matters.

### **Case Summary: Sunland Village Community Association v. Tobin**
**Docket No:** 11F-H1112010-BFS
**Forum:** Arizona Department of Fire, Building and Life Safety; Office of Administrative Hearings
**Administrative Law Judge (ALJ):** M. Douglas
**Hearing Dates:** February 28 and April 23, 2012

#### **Proceedings and Context**
This hearing consolidated three matters involving the same parties: Allen R. Tobin (homeowner and Board member) and the Sunland Village Community Association ("Sunland"). While the hearing addressed cross-petitions, Docket No. 11F-H1112010-BFS specifically concerned Sunland’s petition against Mr. Tobin regarding his conduct at the 2011 Annual Meeting,.

#### **Key Facts and Arguments (Docket No. 11F-H1112010-BFS)**
* **The Incident:** During Sunland's annual meeting on January 12, 2011, Mr. Tobin presented three motions from the floor to amend the Association’s Bylaws,. These motions concerned director term limits, voting restrictions for the Board President, and residency requirements.
* **Sunland’s Argument:** Sunland alleged that Tobin violated Article XII, Section 2 of the Bylaws, which requires that notice of any proposed amendment be provided to members in the same manner as the notice of the annual meeting (at least 10 days in advance by mail),. Because Tobin made the motions from the floor without prior notice, members not present were denied the opportunity to debate or vote.
* **Tobin’s Defense:** Mr. Tobin admitted he provided no formal written notice prior to the meeting. However, he argued that because the meeting moderator accepted the motions and the members present voted on them, the Association waived any irregularities regarding the lack of notice.

#### **Legal Analysis and Findings**
* **Burden of Proof:** The burden was on Sunland to prove the violation by a preponderance of the evidence.
* **Bylaw Violation:** The ALJ found that Article XII, Section 2 explicitly requires advance written notice for Bylaw amendments.
* **Knowledge of Violation:** The ALJ noted that Mr. Tobin was a serving Board member at the time and was aware of the notice requirements. The evidence showed he knowingly presented the motions without the required notice.
* **Conclusion:** The ALJ concluded that Mr. Tobin violated the provisions of Article XII, Section 2 of Sunland’s Bylaws.

#### **Final Decision and Order**
On April 30, 2012, the ALJ issued the following decision regarding this specific docket:
* **Outcome:** Sunland was deemed the prevailing party in Docket No. 11F-H1112010-BFS.
* **Penalties:**
1. Mr. Tobin was ordered to reimburse Sunland’s filing fee of **$550.00**.
2. Mr. Tobin was ordered to pay a civil penalty of **$200.00** to the Department.

The decision became final on June 15, 2012, after the Department of Fire, Building and Life Safety took no action to reject or modify the ALJ's decision,.

***

#### **Note on Consolidated Matters**
While Sunland prevailed in the docket requested above, the hearing also addressed two petitions filed by Tobin against Sunland (Nos. 11F-H1112006-BFS and 12F-H121001-BFS). In those matters, **Tobin prevailed**. The ALJ found that:
1. **Quorum Violation:** Sunland’s Board violated Bylaws by conducting business and declaring the annual meeting acts void at a February 2011 meeting without a quorum,.
2. **Unauthorized Fees:** Sunland violated its Policy Manual when the manager and specific Board members incurred legal fees without the knowledge or direction of the