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Oren Snir v. Gila Springs Association

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Case Summary

Case ID 25F-H066-REL
Agency —
Tribunal —
Decision Date 2026-01-06
Administrative Law Judge KAA
Outcome —
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner Oren Snir Counsel Pro Se
Respondent Gila Springs Association Counsel Austin Baillio

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

25F-H066-REL Decision – 1370774.pdf

Uploaded 2026-04-24T12:52:45 (59.0 KB)

25F-H066-REL Decision – 1383263.pdf

Uploaded 2026-04-24T12:52:49 (132.4 KB)

Case Briefing: Oren Snir v. Gila Springs Association (No. 25F-H066-REL)

Executive Summary

This briefing summarizes the administrative hearing and subsequent decision regarding a dispute between Oren Snir ("Petitioner") and the Gila Springs Association ("Respondent" or "HOA"). The central issue was whether the HOA violated Arizona Revised Statutes (A.R.S.) § 33-1805(A) by failing to provide phone call records requested by the Petitioner.

The Petitioner sought records of a specific telephone conversation between a representative of the HOA’s management company, PMG Services, Inc. ("PMG"), and an incumbent board member. The Petitioner argued that this call constituted an "expression of interest" in a board candidacy and that the resulting call log held by a service provider was a discoverable HOA record, regardless of whether it occurred on a personal device. The Respondent contended that call logs do not meet the statutory definition of an HOA record, were not in the HOA’s possession or control, and that the specific records in question no longer existed.

Administrative Law Judge (ALJ) Kay A. Abramsohn denied the petition, ruling that a telephone call initiated on an employee’s personal device does not automatically become an HOA record. The ALJ further concluded that the HOA had adequately responded to the original request by confirming no documentary forms or emails existed from other candidates.

Detailed Analysis of Key Themes

1. Scope and Definition of "Records of the Association"

A primary point of contention was the interpretation of A.R.S. § 33-1805(A), which requires "all financial and other records of the association" to be made available to members.

  • Petitioner’s View: Snir argued that the statute is broad and does not distinguish between records kept by the association and those kept on its behalf by third parties (like phone service providers). He posited that if a business-related conversation occurs, the metadata (call logs) generated by the provider is an HOA record.
  • Respondent’s View: Counsel for the HOA argued that a call log—containing only numbers, times, and durations—cannot be considered an "expression of interest." Furthermore, the HOA maintained that not every action taken by a management agent creates an association record, particularly if the HOA did not request the action or possess the resulting data.
2. Personal Devices and Professional Obligations

The hearing explored the legal intersection of personal technology and corporate records.

  • The Incident: Former PMG CEO Mary Jo Edel used her personal cell phone to call an incumbent board member (who was hospitalized at the time) to confirm her intent to run for re-election.
  • The Legal Argument: Snir cited case law (Luney v. State of Arizona) to argue that public records created on personal devices remain public records. He suggested that allowing HOAs to shield records created on personal devices would permit them to circumvent transparency laws.
  • The Counter-Argument: The HOA argued that under A.R.S. § 33-1805(B)(4), personal records of a vendor's employee are exempt from disclosure. They asserted that the HOA has no contract with the manager's personal cell provider and no authority to compel the production of those records.
3. Possession, Custody, and Control

The Respondent emphasized the "possession, custody, or control" standard for record production.

  • Access Barriers: Testimony revealed that PMG did not have access to Mary Jo Edel’s personal phone records. Furthermore, Edel testified that she had changed service providers and ported her number multiple times after retiring in May 2025, making records from the period in question (April 2025) inaccessible.
  • ALJ Finding: The ALJ determined that the HOA only had an obligation to provide what it actually possessed. Since there were no physical candidate forms or emails from the incumbent, the HOA’s statement that it had "nothing to produce" was a valid response.
4. Election Integrity and Selective Enforcement

The underlying motivation for the Petitioner’s request was a concern over the fairness of the 2025 board election.

  • Deadline Enforcement: Snir suspected that the incumbent board member missed the 5:00 p.m. deadline on March 24, 2025. He sought the call log to verify the exact timing of the "verbal expression of interest."
  • Relevance Ruling: The ALJ repeatedly cautioned that the hearing was limited to the records request violation and would not determine whether the HOA’s election process was fair or compliant with its own internal rules.

Important Quotes

Context: Petitioner's argument on the nature of digital records.

"The statute doesn't distinguish between records that you requested or not. These are records that were created… It’s a record of that call. The reason that call is an HOA record is for the same reason that any other of the candidates' form submission methods would have been considered an HOA record." — Oren Snir

Context: Respondent's argument regarding the definition of a record.

"The association will prove that those phone records never belong to the association, weren't being held on the association's behalf, and are outside of the scope of what the association retains as part of its record… You can’t produce something that doesn't exist." — Austin Baillio, HOA Counsel

Context: Manager's testimony regarding the nature of the call.

"It was just a verification of, you know, if she wanted to submit a bio or if she just wanted me to put her on as an incumbent because she was already a current board member… The phone call was just, 'Did you want to add a bio or do you want me to add you as an incumbent?'" — Mary Jo Edel, Former PMG CEO

Context: The ALJ’s final conclusion in the written decision.

"The Administrative Law Judge concludes that Petitioner has not met his burden to demonstrate that a telephone call initiated on a personal phone device of an employee of the management company becomes an HOA record by virtue of the employee’s employment status." — ALJ Kay A. Abramsohn

Summary of Findings and Actionable Insights

Findings of Fact
Detail Fact
Request Date April 23, 2025
Target Records Candidate forms or expressions of interest for the April 2025 election.
Key Discovery Incumbent board member expressed interest via a personal phone call to the manager.
HOA Response Stated they do not keep phone records and had no documents to provide.
Manager Status Mary Jo Edel retired May 30, 2025; personal phone records from April were no longer accessible.
Actionable Insights
  • For Homeowners:
  • Documentary Focus: Records requests under A.R.S. § 33-1805 are most effective when targeting existing physical or digital documents (emails, forms, ledgers) held by the association or its agents.
  • Burden of Proof: The petitioner bears the burden of proving that a specific record exists and falls under the statutory definition of an "association record."
  • For HOA Boards and Management Companies:
  • Communication Protocols: To avoid transparency disputes, associations should encourage all official business—especially election-related expressions of interest—to be conducted via official channels (email, mail, or fax) rather than personal phone calls.
  • Clarification of Possession: When denying a records request, clearly stating that a record "does not exist" or is "not in the possession, custody, or control of the association" is a statutorily recognized response, provided it is factually accurate.
  • Contractual Intellectual Property: Management companies should ensure their contracts clearly define the ownership of operational tools (like internal phone systems and servers) to distinguish vendor property from association records.

Study Guide: Snir v. Gila Springs Association (Case No. 25F-H066-REL)

This study guide provides a comprehensive overview of the administrative hearing and subsequent decision regarding a records request dispute between a homeowner and a planned community association. It analyzes the legal interpretations of Arizona Revised Statutes (A.R.S.) § 33-1805 and the definition of "association records."

Key Concepts and Case Background

1. The Core Dispute

The case centers on a records request made by Petitioner Oren Snir to the Gila Springs Association (managed by PMG Services, Inc.). Snir sought documentary evidence of candidate forms or "expressions of interest" for a 2025 Board of Directors election. When informed that an incumbent board member had expressed interest via a telephone call to a management employee’s personal cell phone, Snir expanded his request to include the phone logs/call records of that specific conversation.

2. Statutory Framework: A.R.S. § 33-1805
  • A.R.S. § 33-1805(A): Mandates that all financial and other records of an association be made reasonably available for examination by a member or their designated representative. The association has ten business days to fulfill such a request.
  • A.R.S. § 33-1805(B): Provides specific exceptions where books and records may be withheld from disclosure (e.g., personal records of an individual employee of a vendor, though this was a point of contention in the hearing).
3. The "Association Record" Definition

A central theme of the case is whether a call log generated by a third-party service provider (like Verizon or AT&T) for a personal device used by a vendor's employee constitutes a "record of the association."

  • Petitioner's Argument: The record was created during the conduct of association business (candidate interest) and is maintained by a service provider on behalf of the user; therefore, the HOA is obligated to obtain it.
  • Respondent's Argument: The HOA does not have possession, custody, or control over the personal devices or service contracts of its vendors' employees. Furthermore, a call log (showing only time and duration) does not constitute an "expression of interest."
4. Judicial Determination

Administrative Law Judge (ALJ) Kay A. Abramsohn ruled that a telephone call initiated on a personal device of a management company employee does not become an HOA record simply because of that employee's status. The petition was denied.

Timeline of Key Events

Date Event
March 24, 2025 Deadline (5:00 PM) for board candidates to submit forms/interest.
April 23, 2025 Oren Snir submits initial records request for candidate forms/emails.
April 24, 2025 PMG informs Snir an incumbent "verbally expressed" intent via phone.
April 25, 2025 Snir requests the phone call log as an official HOA record.
June 7, 2025 Snir files a formal petition with the Department of Real Estate.
December 1, 2025 Evidentiary hearing held via Google Meet.
January 6, 2026 ALJ issues Final Decision denying the petition.

Short-Answer Practice Questions

  1. Who are the primary parties in Case No. 25F-H066-REL?
  • Answer: Petitioner Oren Snir and Respondent Gila Springs Association.
  1. What specific document did the Petitioner request after learning no written form existed for the incumbent candidate?
  • Answer: The call log/call history/call record of the telephone conversation between the property manager and the incumbent board member.
  1. According to A.R.S. § 33-1805(A), how many business days does an association have to fulfill a records request?
  • Answer: Ten business days.
  1. What was the Respondent’s primary defense regarding the requested call logs?
  • Answer: That the association did not have possession, custody, or control of the records, as they were on a personal device and held by a third-party service provider with whom the HOA had no contract.
  1. What was Mary Jo Edel’s role at the time of the disputed phone call?
  • Answer: She was the President and CEO of PMG Services, Inc. (the management company).
  1. Why did the Petitioner believe the timing of the phone call was critical?
  • Answer: To determine if the incumbent board member met the March 24, 2025, 5:00 PM business hours deadline to express interest in candidacy.
  1. What was the ALJ’s ultimate finding regarding personal phone devices and HOA records?
  • Answer: The ALJ concluded that a call on a personal device does not become an HOA record solely due to the employee’s employment status.

Essay Prompts for Deeper Exploration

  1. Statutory Interpretation and Transparency: Analyze the Petitioner’s use of Luney v. State of Arizona and Bradford v. Court of Appeals of Arkansas. How did the Petitioner attempt to bridge the gap between public records (FOIA) and private HOA records? Why did the Respondent argue these cases were inapplicable?
  2. Possession vs. Control: Discuss the legal distinction between a record "held by" an association and a record "held for" an association. If a management company (an agent) uses personal tools to conduct HOA business, should the HOA be held responsible for the retrieval of those records? Support your answer with arguments from both Snir and Baillio.
  3. The Evolution of "Records" in the Digital Age: The Petitioner argued that an email is an HOA record even if it sits on a third-party server (like Gmail or a cloud provider). Explore the implications of the Respondent's counter-argument that phone logs are "intellectual property" or "tools of the trade" for a vendor, rather than association records.

Glossary of Important Terms

  • Administrative Law Judge (ALJ): An official who presides over an administrative hearing and issues a decision or recommendation (e.g., Kay A. Abramsohn).
  • A.R.S. § 33-1805: The Arizona statute governing the inspection of records for planned communities.
  • Association Records: Financial and other documents related to the operation of an HOA that must be made available to members under state law.
  • Burden of Proof: The obligation of a party to prove their allegations by a "preponderance of the evidence" (the Petitioner in this case).
  • Call Log: A record maintained by a phone service provider showing the time, duration, and parties involved in a telephone call.
  • Incumbent: A current holder of a political or board position (in this case, board member "Rhonda").
  • PMG Services, Inc.: The third-party management company contracted by Gila Springs Association to handle operations.
  • Preponderance of the Evidence: A legal standard meaning that a claim is "more probably true than not."
  • Respondent: The party against whom a petition is filed (Gila Springs Association).
  • Third-Party Vendor: An outside entity (like PMG or a phone service provider) that provides services to the HOA but is not the HOA itself.

The "Personal Phone" Precedent: When is a Call a Public HOA Record?

1. Introduction: The Battle for the Digital Paper Trail

In the modern landscape of community management, the "paper trail" has evolved into a complex digital web that often blurs the line between professional systems and personal devices. This tension reached a legal flashpoint in the case of Oren Snir v. Gila Springs Association (Case No. 25F-H066-REL). At the heart of the dispute was a fundamental question of transparency: If a board member conducts official business via a personal phone call, does the metadata of that call—the call log—become an official HOA record that homeowners have a right to inspect?

As a resident advocate, I see this case as a pivotal moment for community governance. It pits the homeowner’s essential right to election transparency against the practical and legal limits of an association’s control over its vendors' personal equipment.

2. The Trigger: A Disputed Board Election

The conflict began on April 23, 2025, when homeowner Oren Snir submitted a formal records request to the Gila Springs Association. With the board election scheduled for April 28, Snir sought to verify the eligibility of candidates by reviewing all "expressions of interest" submitted to the management company, PMG Services (PMG).

The HOA’s response ignited the controversy. While Snir had submitted a formal written candidate form, the association revealed that the only other candidate, an incumbent named Rhonda, had not submitted a written document. Instead, she had "verbally expressed her intent to re-run during a telephone conversation" with PMG’s then-President, Mary Jo Edel.

THE DISPUTED RECORD To verify the timing and validity of this verbal submission, the Petitioner requested the "call log / call history / call record" of the specific phone conversation between the management company and the incumbent candidate.

3. Petitioner’s Case: The "Plain Meaning" of Transparency

During the hearing on December 1, 2025, Oren Snir argued that the HOA was utilizing technicalities to bypass statutory transparency requirements. Utilizing the "Plain Meaning Rule" of statutory interpretation, he argued that A.R.S. § 33-1805(A) dictates that "all financial and other records" be made available.

His core arguments included:

  • The "Email Analogy": Snir pointed out that HOAs rarely own the physical servers where emails are stored (relying on third-party providers like Gmail or Outlook), yet they are legally required to produce those emails. He argued that records held "on behalf of" the HOA by third parties—including phone service providers—should be treated the same.
  • The "Business Use" Argument: Snir asserted that because the call involved a candidate’s intent to run for the board, the call was strictly HOA business. Therefore, any metadata generated by that call was an HOA record, regardless of the device used.
  • Case Law Precedent: Snir cited Lunney v. State of Arizona (an Arizona Court of Appeals case) and Bradford v. Director (an Arkansas case), arguing that business conducted over private communication mediums remains subject to transparency laws.

4. The HOA’s Defense: Possession, Custody, and Control

The HOA’s counsel, Austin Baillio, argued that the association could not be compelled to produce what it did not legally possess. The defense relied heavily on the testimony of PMG managers Melissa Jordan and Mary Jo Edel to establish a boundary between association property and vendor property.

Issue Petitioner's Claim HOA’s Reality/Defense
Control of Equipment Personal devices used for business generate HOA records. The HOA does not own or provide the personal phones of PMG employees.
Contractual Authority The HOA should obtain records from the provider. The HOA has no contract with Verizon or other providers and no authority to demand personal logs.
Intellectual Property All communication is HOA business. PMG’s contract includes an Intellectual Property Clause stating PMG owns its own phone systems and server data.
Existence of Records The call log is a responsive record of "interest." A call log only shows duration/timing, not "intent." Furthermore, records were lost after Edel retired (May 30, 2025) and "ported" her number.

5. Behind the Scenes: The "Hospital Phone Call"

The testimony of Mary Jo Edel provided critical context that shifted the narrative of the "secret" phone call. Edel testified that she initiated the call to Rhonda, who was in the hospital at the time.

Significantly, Edel clarified that this was not a last-minute scramble to bypass a deadline. Rhonda had already expressed her intent to run during an open board meeting in January. The phone call was merely an administrative follow-up to confirm whether Rhonda wanted to submit a new biography or simply be listed as an "incumbent" on the ballot. Edel confirmed the call occurred during business hours, undermining the Petitioner's suspicion of a rule-breaking event or a missed deadline.

6. The Verdict: Why the Judge Denied the Petition

On January 6, 2026, Administrative Law Judge Kay A. Abramsohn issued a decision denying Snir’s petition. Applying the "Preponderance of Evidence" standard, the judge found that the HOA had not violated its statutory duties.

The ruling rested on two primary legal pillars:

  1. Timely Response: The HOA complied with the law by informing Snir within one business day that no other documentary candidate forms or emails existed.
  2. Statutory Exceptions: The Judge ruled that a phone call on an employee's personal device does not automatically become an HOA record. Crucially, the decision pointed to A.R.S. § 33-1805(B)(4), which specifically excludes the "personal records of an individual employee of a vendor of the association" from public inspection.

The ruling cited the following statutes:

  1. A.R.S. § 33-1805(A): The general requirement to provide association records.
  2. A.R.S. § 33-1805(B): The definitions of records that may be withheld.
  3. A.R.S. § 33-1805(B)(4): The specific protection for vendor employee records.

7. Key Takeaways for Homeowners and Boards

This case establishes a significant boundary for HOA transparency in the digital age.

The "Device" Divide and the Reality of Turnover While Snir's "Email Analogy" was clever, the legal reality is that management companies are separate legal entities. Their private tools are not "Association Records" by default. This is exacerbated by vendor turnover; Mary Jo Edel testified she "ported" her number three times after retiring, meaning that even if the HOA wanted to comply, the data was physically inaccessible. When a vendor leaves, the paper trail often goes with them.

Written vs. Verbal Requirements This dispute was fueled by the lack of a paper trail. To protect the community, HOAs should adopt rules requiring all candidate submissions to be in writing via specific methods (email, fax, or mail). If the bylaws allow for verbal "expressions of interest," the association invites challenges regarding deadlines and favoritism.

The Limits of Possession An HOA is only required to produce records within its "possession, custody, or control." As a Legal Analyst’s Note, this case confirms that homeowners cannot compel an HOA to subpoena a manager's personal Verizon bill or private phone logs.

8. Conclusion: The Future of HOA Transparency

Judge Abramsohn’s decision emphasizes the "Fair and Sensible Result" doctrine of statutory interpretation. This doctrine ensures that laws are not interpreted in a way that leads to "absurd" results—such as requiring a volunteer HOA board to seize the personal property of a third-party contractor.

While transparency is the lifeblood of a healthy HOA, the court has drawn a firm line at the digital boundary of personal devices. For homeowners, this case serves as a reminder that "records" are defined by law and contract, not just by the nature of the conversation. For management staff, it reinforces a layer of digital privacy that remains intact, even when conducting association business.

Case Participants

Petitioner Side

  • Oren Snir (Petitioner)

Respondent Side

  • George H. King (Board President)
    Gila Springs Association
  • Austin Baillio (Counsel)
    Gila Springs Association
  • Melissa Jordan (Managing Agent)
    PMG
  • Mary Joe Edel (Owner / Property Manager)
    PMG
    Spelled 'Adele' in the transcript but 'Edel' in the final decision document.
  • Maggie Story (Employee)
    PMG
  • Rhonda (Incumbent Board Member)
    Gila Springs Association

Neutral Parties

  • Nicole Robinson (Administrative Law Judge)
    Office of Administrative Hearings
    Issued scheduling order
  • Kay A. Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
    Presiding judge for the hearing and final decision
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate

Scott D Haferkamp v Artisan Parkview Condominium Association, INC.

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Case Summary

Case ID 25F-H047-REL
Agency —
Tribunal Arizona Office of Administrative Hearings
Decision Date 12/6/2025
Administrative Law Judge KAA
Outcome Petition Denied
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner Scott D. Haferkamp Counsel Pro Se
Respondent Artisan Parkview Condominium Association, Inc. Counsel Daniel S. Francom

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

25F-H047-REL Decision – 1341015.pdf

Uploaded 2026-04-24T12:45:54 (41.8 KB)

25F-H047-REL Decision – 1346232.pdf

Uploaded 2026-04-24T12:46:00 (48.2 KB)

25F-H047-REL Decision – 1375556.pdf

Uploaded 2026-04-24T12:46:18 (130.9 KB)

Briefing Document: Scott D. Haferkamp v. Artisan Parkview Condominium Association, Inc.

Executive Summary

This document summarizes the administrative proceedings and final decision in Case No. 25F-H047-REL, heard before the Arizona Office of Administrative Hearings (OAH). The dispute involved Scott D. Haferkamp (Petitioner) and the Artisan Parkview Condominium Association, Inc. (Respondent or HOA).

The core of the conflict centered on the Petitioner's attempts to install solar panels and battery backup systems at his condominium unit, which the HOA repeatedly denied. The Petitioner sought relief through a formal petition filed with the Arizona Department of Real Estate (ADRE), alleging that the HOA failed to act on a homeowner petition from 2015 and failed to provide specific guidelines for solar technology, thereby creating a de facto ban on state-protected technology (A.R.S. § 33-439).

On December 6, 2025, Administrative Law Judge Kay A. Abramsohn issued a decision in favor of the HOA. The Tribunal concluded that the Petitioner failed to prove that the HOA violated its governing documents. The Judge ruled that the HOA board has the discretion to call special meetings and that the board's decision to address solar issues at a regular meeting rather than calling a special membership meeting did not constitute a violation of the Bylaws.

Detailed Analysis of Key Themes

1. Interpretation of HOA Bylaws and Board Discretion

A primary point of contention was the interpretation of Bylaws Section 2.2, which governs the calling of special membership meetings.

  • Petitioner's Argument: The Petitioner collected signatures from 25% of the homeowners, believing this mandated a special meeting to vote on solar guidelines. He argued that the HOA’s failure to hold such a meeting was a procedural violation.
  • Respondent's Argument: The HOA argued that the language of Section 2.2 ("Special meetings… may be called") is discretionary, not mandatory. They further contended that rule-making regarding solar guidelines is a Board function under Section 3.10, not a membership function.
  • Tribunal Finding: The Judge agreed with the Respondent, noting that the Bylaws grant the HOA discretion. By placing the solar issue on a regular board meeting agenda in September 2015, the HOA "implicitly declined" to call a special meeting.
2. Common Elements and Architectural Control

The HOA consistently justified its denials of solar applications by citing the preservation of "common elements."

  • Roof and Exterior Walls: The HOA asserted that the roofs and exterior walls are common elements collectively owned by the association.
  • Structural Integrity: The Board President, Tim Pollock, testified that solar installations would involve puncturing the common roof, potentially voiding warranties and creating maintenance complications.
  • Uniformity and Character: The HOA argued that its duty includes protecting the uniform appearance and character of the community, which consists of 35 units in separate buildings.
3. State Law and "De Facto" Bans

The Petitioner alleged a violation of A.R.S. § 33-439, which protects the right of homeowners to use solar energy devices.

  • Petitioner Position: He claimed the HOA had enacted a "de facto ban" by denying three separate applications over 11 years without providing alternative solutions or clear guidelines.
  • HOA Position: The Board stated their decisions were not an "absolute ban" but were based on the unique constraints of a condominium where the infrastructure is shared. They claimed they remained open to alternative designs that did not encroach on shared areas.
4. Statute of Limitations and Procedural Laches

The HOA’s legal counsel raised a significant procedural defense regarding the age of the dispute.

  • Historical Claims: The primary homeowner petition in question was from 2015. The HOA argued that any claim regarding a failure to hold a meeting in 2015 was time-barred by Arizona’s statute of limitations (A.R.S. § 12-548 or 12-550).
  • Ongoing Controversy: The Petitioner argued the issue was ongoing because his solar applications continued to be denied as recently as 2025.

Key Quotes with Context

Quote Speaker Context
"I think that in general they've kind of enacted a de facto ban on a state protected technology." Scott D. Haferkamp During the pre-hearing conference, explaining his frustration with the HOA's lack of solar guidelines.
"A petition has to be narrowed down to you are alleging a specific violation of a particular statute or provision in the HOA declaration or CCNRs." Judge Kay A. Abramsohn Instructing the Petitioner on the necessity of specificity in administrative hearings.
"The Board’s decision does not constitute an absolute ban on solar devices. Rather, it reflects the unique constraints of a condominium in which the roofs and walls are collectively owned." HOA Board (Letter) Cited in the final decision as the justification for denying the Petitioner's February 2025 solar application.
"The Bylaws do not call for members to vote on amendments to Board rules or guidelines, and that members cannot force the Board to take action." Daniel S. Francom (HOA Counsel) Argument made during the hearing to differentiate between Board powers and Member powers.
"I have never seen that petition until yesterday when that was presented to me from Dan [HOA Counsel]." Tim Pollock (HOA President) Testifying under oath that he had no recollection of seeing the homeowner petition from 2015 until the current litigation began.

Chronology of Solar Applications and Denials

Date Event Outcome
Sept 2014 First Solar Panel Application submitted by Petitioner. Denied (Sept 26, 2014).
Sept 2015 Petitioner submits homeowner petition with 12 signatures (25%). Discussed at Board meeting; no special meeting called.
Aug 2024 Application for Tesla battery backup installation. Denied (Oct 4, 2024).
Feb 2025 Application for combined solar panels and battery backup. Denied (March 4, 2025).
March 2025 Formal Petition filed with ADRE. Case referred to OAH.
Dec 2025 Final Administrative Law Judge Decision. Petition Denied; HOA prevailing party.

Actionable Insights

Based on the Tribunal's findings and the conduct of the case, the following insights are derived from the record:

  • Clarity of Governing Documents: Boards and homeowners must distinguish between mandatory actions (e.g., "shall") and discretionary actions (e.g., "may"). In this case, the word "may" in the Bylaws regarding special meetings gave the Board legal cover to decline the Petitioner's request.
  • Documentation and Management: The discrepancy regarding whether the Board President ever saw the 2015 petition highlights a potential failure in communication between the property management company (Vision Community Management) and the Board. Formal records of all homeowner petitions should be maintained and verified.
  • Narrowing of Issues: In OAH proceedings, a "one-issue" petition (which carries a $500 fee) must be strictly focused. The Petitioner's initial inclusion of 11 years of history and multiple grievances was procedurally trimmed to a single focus: the 2015 petition and the lack of solar guidelines.
  • Burden of Proof: The Petitioner in an administrative hearing bears the burden of proving a violation by a "preponderance of the evidence." Merely showing that an HOA's decision was frustrating or lacked transparency is insufficient if it does not violate a specific provision of the CC&Rs, Bylaws, or state law.
  • Solar Policy Proactivity: To avoid litigation, associations may benefit from adopting proactive solar guidelines that define what constitutes an "undue burden" on common elements, rather than reacting to applications on a case-by-case basis.

Case Study Guide: Haferkamp v. Artisan Parkview Condominium Association

This study guide provides a comprehensive overview of the administrative legal proceedings in the matter of Scott D. Haferkamp v. Artisan Parkview Condominium Association, Inc. (Case No. 25F-H047-REL). It covers the procedural history, core legal arguments regarding homeowner association (HOA) governance, and the final administrative decision.

1. Case Overview and Key Entities

Core Dispute

The Petitioner, Scott D. Haferkamp, alleged that the Artisan Parkview Condominium Association (the Respondent) violated state statutes and its own governing documents by failing to act on a homeowner petition and by refusing to provide clear guidelines or rules for the installation of solar technology.

Key Entities
Entity Role/Description
Scott D. Haferkamp Petitioner; a homeowner in the Artisan Parkview Condominium Association.
Artisan Parkview Condominium Association Respondent; a 35-unit residential development in Phoenix, Arizona.
Tim Pawlak President of the HOA Board (served for 21 years at the time of the hearing).
Arizona Dept. of Real Estate (ADRE) The state agency that receives and processes HOA petitions before forwarding them for hearing.
Office of Administrative Hearings (OAH) An independent state agency that conducts evidentiary hearings for the ADRE.
Kay A. Abramsohn The Administrative Law Judge (ALJ) who presided over the case and issued the final decision.
Vision Community Management The property management company representing the HOA.

2. Key Concepts and Legal Framework

The "One-Issue" Rule

Pursuant to Arizona administrative procedures, a petitioner filing with the ADRE must pay a filing fee (in this case, $500.00) for a "one-issue" petition. Although the Petitioner’s initial filing contained multiple concerns spanning over a decade, he was required to narrow his focus to a single issue for the hearing: The lack of action on a signed homeowner petition and the board's failure to provide solar guidelines.

Governing Documents
  • CC&Rs (Covenants, Conditions, and Restrictions): The primary deed restrictions governing the community. Article 8.4 gives the board authority to adopt rules regarding common elements.
  • Bylaws: The rules governing the administration of the association.
  • Section 2.2 (Special Meetings): Provides that special meetings of the members may be called by a written request signed by members representing at least 25% of eligible votes.
  • Section 3.10 (Powers and Duties): Outlines the board's authority to adopt and publish rules and regulations.
Statutory References
  • ARS § 33-439: Arizona statute regarding solar energy devices and the limitations associations can place on them.
  • ARS § 32-2199 et seq.: The statutes authorizing the ADRE to hear disputes between homeowners and associations.
  • ARS § 44-1761: Provides the definition of a "solar device," which the Petitioner argued includes battery backup systems (e.g., Tesla batteries).

3. Timeline of Significant Events

  • 2003: Artisan Parkview Condominium Association is established; Tim Pawlak joins the board.
  • September 2014: Petitioner’s first application for solar panels is denied due to "common element" (roof) restrictions.
  • 2014–2015: Petitioner collects signatures from 12 owners (exceeding the 25% threshold for the 35-unit community) to request a meeting/vote on solar panels.
  • September 2, 2015: Community Manager emails Petitioner stating solar will be discussed at the next board meeting.
  • September 24, 2015: The Board holds a meeting with legal counsel present. Solar is discussed but tabled; no special member meeting is called.
  • August 15, 2024: Petitioner applies to install Tesla batteries; the application is denied on October 4, 2024, citing aesthetic impact.
  • February 2, 2025: Petitioner submits a combined application for solar panels and battery backup.
  • March 4, 2025: HOA denies the combined application, citing structural integrity, roof warranties, and the shared nature of the walls and roof.
  • March 20, 2025: Petitioner files his formal petition with the ADRE.
  • October 21, 2025: The OAH conducts the formal evidentiary hearing.
  • December 6, 2025: ALJ Kay A. Abramsohn issues the final decision in favor of the HOA.

4. Short-Answer Practice Questions

Q1: What was the primary reason the HOA gave for denying solar panel installations on the condominium roofs? Answer: The HOA contended that the roofs and exterior walls are "common elements" owned collectively by the association. They argued that punctures for solar attachments would void roof warranties and create maintenance complications.

Q2: According to Section 2.2 of the HOA Bylaws, what percentage of member signatures is required to request a special meeting? Answer: At least 25% of the total number of eligible votes.

Q3: How did the ALJ interpret the Board's decision to place the solar issue on a regular board meeting agenda rather than calling a special member meeting? Answer: The ALJ ruled that by placing the issue on the regular agenda, the Board "implicitly declined" to call a special meeting, which was within their discretionary power.

Q4: Why was the Petitioner forced to narrow his case to a "single issue" before the hearing? Answer: Because he had filed a "one-issue" petition and paid the corresponding $500.00 fee. OAH procedures require that the scope of the hearing match the filing fee and petition type.

Q5: What was the Respondent’s argument regarding the "statute of limitations"? Answer: The Respondent argued that the claims regarding the 2015 petition were more than 10 years old and thus "extinguished" under Arizona law (ARS 12-548 or 12-550), as the statute of limitations for breach of contract is typically six years.

5. Essay Prompts for Deeper Exploration

Prompt 1: Board Discretion vs. Member Mandate

Analyze the distinction between "Board Business" and "Member Business" as presented in the case. In his closing argument, the Respondent’s attorney argued that the Petitioner's request (adopting solar guidelines) was a board function under Section 3.10 of the Bylaws, not a member function. Explain how this distinction influenced the ALJ’s decision regarding the 25% signature petition.

Prompt 2: Common Elements and Technology Protection

The Petitioner argued that the HOA’s refusal to allow solar panels constituted a "de facto ban" on a state-protected technology (ARS § 33-439). However, the HOA argued that the unique nature of condominiums—where roofs are shared common elements—supersedes an individual's right to install such devices if they compromise the structure. Discuss the tension between state laws protecting green technology and the contractual obligations of condominium owners to preserve common property.

Prompt 3: Procedural Fidelity and Evidence

Review the testimony regarding the September 2015 board meeting. The Petitioner claimed he did not recall an attorney being present or solar being discussed in detail, while the HOA provided minutes and testimony to the contrary. Evaluate the importance of "Administrative Notice" and the role of contemporaneous documentation (like meeting minutes) in resolving conflicting testimonies in an administrative hearing.

6. Glossary of Important Terms

  • Administrative Law Judge (ALJ): A judge who moves over administrative hearings, specializing in disputes involving state agency regulations.
  • ARS (Arizona Revised Statutes): The codified laws of the state of Arizona.
  • Common Elements: Parts of a condominium project (like roofs, hallways, and exterior walls) that are owned collectively by all unit owners or the association rather than by an individual.
  • Continuance: The postponement of a legal hearing to a future date.
  • Design Review Application: A formal request by a homeowner to the HOA's architectural committee to make changes to the exterior of their property.
  • Evidentiary Hearing: A formal proceeding where both parties present witnesses and exhibits under oath to establish facts.
  • Pre-hearing Conference: A preliminary meeting (often virtual) to clarify issues, discuss potential motions, and set the schedule for the formal hearing.
  • Preponderance of the Evidence: The legal standard of proof in civil and administrative cases; it means that a fact is "more probably true than not."
  • Statute of Limitations: A law that sets the maximum time after an event within which legal proceedings may be initiated.
  • Tribunal: A person or institution with authority to judge, adjudicate on, or determine claims or disputes.

Solar Rights vs. Shared Roofs: Lessons from the Haferkamp v. Artisan Parkview Dispute

1. Introduction: The High-Stakes Collision of Green Energy and Community Living

For homeowners in managed associations, the promise of sustainable technology often runs headlong into the rigid framework of collective governance. This tension is magnified in condominium settings, where the very air above a unit is often a "common element" owned by all. In the matter of Scott D. Haferkamp v. Artisan Parkview Condominium Association, Inc., a decade-long war of attrition over rooftop solar panels finally culminated in a significant legal clarification by the Arizona Department of Real Estate (ADRE).

At the heart of the dispute was a fundamental question of governance: Can a homeowner compel an HOA Board to adopt specific solar guidelines through a membership petition? Following an evidentiary hearing in late 2025, the Administrative Law Judge (ALJ) issued a decision that reaffirms the expansive discretionary powers of HOA boards, providing a stark lesson in the procedural hurdles facing "green" initiatives in shared-roof communities.

2. A Decade-Long Timeline: From First Application to Final Hearing

The conflict at Artisan Parkview was not a sudden flare-up but a persistent struggle that spanned over ten years of applications, petitions, and board-level friction:

  • September 2014: Haferkamp submitted his initial design application for solar panels. The Board denied it, citing concerns over penetrations into "common element" roofing.
  • September 2015: Haferkamp submitted a homeowner petition with 12 signatures (representing approximately 34% of the 35-unit community) seeking a meeting and vote on solar guidelines.
  • September 24, 2015: At a formal Board meeting, the directors discussed the legalities of solar installation with counsel but took no specific action, effectively tabling the issue.
  • August 2024 – February 2025: After years of quiet, Haferkamp submitted new applications for Tesla battery backups and combined solar/battery systems. Both were denied.
  • March 20, 2025: Haferkamp formally filed his dispute with the ADRE under ARS § 32-2199.05, the statute authorizing the Department to hear such community disputes.
  • October 21, 2025: The Office of Administrative Hearings (OAH) conducted the final evidentiary hearing to resolve the narrowed legal question.
3. The Homeowner’s Argument: Seeking Transparency and Progress

Petitioner Scott Haferkamp presented himself as a frustrated pioneer, arguing that the Board’s persistent inaction constituted a systemic failure to respect member rights. His arguments focused on three primary claims:

  • The "De Facto Ban": Haferkamp alleged the HOA maintained an unlawful "de facto ban" on solar technology, violating ARS § 33-439, which protects the use of solar energy devices from unreasonable HOA restrictions.
  • Ignored Mandates: He highlighted the Board’s failure to call a special meeting after receiving a signed petition from over 25% of the community. He noted the internal community support for the initiative, pointing out that even Board Member Eric Ferguson signed the petition despite Ferguson’s own prior votes as a director to deny the applications.
  • Feasibility and Guidelines: Haferkamp introduced solar guidelines from California jurisdictions to demonstrate that installation on shared roofs is structurally feasible and standard practice in other regions. He argued the Board was derelict in its duty by not providing its own alternative guidelines.
4. The HOA’s Defense: Protecting the "Common Elements"

The Association, represented by Board President Tim Pawlak and legal counsel, argued that the Board’s denials were not a rejection of solar technology itself, but a necessary protection of the community’s shared assets. Their defense relied on:

  • Structural Integrity: The Board feared that roof penetrations by individual owners would void manufacturer warranties and create long-term maintenance liabilities for the Association.
  • Aesthetics & Character: As a 35-unit complex with a uniform architectural style, the Board argued it had the duty to maintain the community’s character.
  • Jurisdictional Authority: The HOA contended that adopting architectural rules is "Board Business," not "Member Business." They argued that while members can petition for a meeting, they cannot use that meeting to usurp the Board's discretionary rulemaking authority.
  • Implicit Denial: The HOA argued that by placing the solar issue on the September 2015 agenda and discussing it with counsel, they had formally "considered" the petition. Their subsequent inaction was not an "ignored" request, but an "implicit denial" of the demand for a special meeting.
5. The "One-Issue" Rule and Procedural Nuances

The OAH operates under strict procedural constraints, particularly regarding the "One-Issue Rule." Because Haferkamp filed under the $500 filing fee level at the Department of Real Estate, he was legally restricted to a single central claim.

While Haferkamp’s original filing was a sprawling 147-page document detailing a decade of grievances, the ALJ forced him to narrow the focus to a single issue: "Lack of action on a signed homeowner petition and the HOA/board not providing guidelines/rules for solar." Furthermore, the ALJ clarified that the OAH lacks the authority to order mediation or award financial damages; its role is strictly limited to determining if a violation of community documents or state statutes occurred.

6. The Verdict: Why the HOA Prevailed

On December 6, 2025, the ALJ issued a decision in favor of Artisan Parkview, ruling that the Board had not violated its governing documents. The decision hinged on the legal distinction between a board's duty to listen and its duty to act.

ALJ Interpretation of Bylaws Article II, Section 2.2 "The hearing evidence clearly demonstrates the HOA has discretion whether or not to call a special members meeting. The hearing record does not contain a specific written denial by the Board to call a special meeting; however, by placing the issue of solar installation on the September 24, 2015 Board meeting agenda, HOA had implicitly declined to call a special meeting at that time." (Conclusion of Law #6)

The judge further concluded that a Board's choice not to adopt specific rules does not constitute a violation of governing documents if the Board retains the authority to manage common elements at its discretion.

7. Key Takeaways for Homeowners and HOA Boards

This case serves as a vital case study for community associations navigating the transition to green energy:

  1. Discretion vs. Mandate: There is a sharp legal line between "Member Business" (e.g., electing directors) and "Board Business" (e.g., architectural rulemaking). Boards generally cannot be compelled by petition to adopt specific administrative rules.
  2. The Common Element Barrier: Condominium solar rights are vastly different from single-family home rights. Because the roof is a "common element," the Association's duty to maintain structural integrity often overrides an individual's desire for solar installation.
  3. Procedural Precision is Fatal: Haferkamp’s petition was ultimately deemed defective for its purpose. It requested a general "meeting/vote" on rules rather than proposing a specific, formal amendment to the CC&Rs that the membership actually had the authority to pass.
  4. The Power of Minutes: The HOA successfully defeated the claim of "inaction" because they could produce meeting minutes from 2015 showing they had discussed the issue with counsel. In the eyes of the law, "considering and rejecting" is a form of action.
8. Conclusion: The Path Forward

The ALJ’s ruling stands as a Recommended Decision for the Commissioner of the Arizona Department of Real Estate. While the HOA was named the prevailing party, the legal process allows for a final check: under ARS § 41-1092.09, the petitioner has 30 days to request a rehearing with the Commissioner.

Though the Association won on procedural and discretionary grounds, the Board indicated a theoretical openness to "alternative designs" that do not penetrate shared roofs or exterior walls. For homeowners at Artisan Parkview and beyond, the message is clear: the path to green energy in a condominium requires less of a "petition for rules" and more of a "technical design" that leaves the common elements untouched.

Case Participants

Petitioner Side

  • Scott D. Haferkamp (Petitioner)
    Homeowner representing himself in the proceeding.

Respondent Side

  • Daniel S. Francom (Attorney)
    Artisan Parkview Condominium Association, Inc.
    Legal counsel representing the HOA.
  • Tim Pawlak (HOA Board President)
    Artisan Parkview Condominium Association, Inc.
    Served on the HOA board for 22 years and testified as a witness.
  • Eric Ferguson (Former Board Member)
    Artisan Parkview Condominium Association, Inc.
    Served on the board in 2014 and signed the homeowner petition.
  • Clint Goodman (Attorney)
    Goodman Law Firm
    Represented the HOA during the 2015 board meeting regarding solar installations.

Neutral Parties

  • Kay A. Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
    Presiding judge who issued the decision.
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
    Received electronic transmittal of the administrative decisions.

Robert E. Wolfe v. Warner Ranch Association

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Case Summary

Case ID 25F-H062-REL
Agency —
Tribunal —
Decision Date 2025-11-11
Administrative Law Judge KAA
Outcome Petition dismissed
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner Robert E. Wolfe Counsel —
Respondent Warner Ranch Association Counsel —

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

25F-H062-REL Decision – 1341648.pdf

Uploaded 2026-04-24T12:52:02 (43.0 KB)

25F-H062-REL Decision – 1341651.pdf

Uploaded 2026-04-24T12:52:08 (6.4 KB)

25F-H062-REL Decision – 1347681.pdf

Uploaded 2026-04-24T12:52:20 (59.7 KB)

25F-H062-REL Decision – 1355633.pdf

Uploaded 2026-04-24T12:52:26 (48.6 KB)

25F-H062-REL Decision – 1367124.pdf

Uploaded 2026-04-24T12:52:32 (133.4 KB)

Briefing Document: Wolfe v. Warner Ranch Association (Case No. 25F-H062-REL)

Executive Summary

This document synthesizes the key proceedings, arguments, and final judgment in the administrative case of Robert E. Wolfe v. Warner Ranch Association, Case No. 25F-H062-REL, adjudicated by the Arizona Office of Administrative Hearings. The petitioner, Robert E. Wolfe, alleged that the Warner Ranch Association (HOA) violated Arizona’s open meeting law (A.R.S. § 33-1804(D)) by failing to provide the requisite 48-hour advance notice for a “kickstart meeting” held on March 28, 2025.

The Administrative Law Judge (ALJ) ultimately dismissed the petition. The central finding of the decision was that the event in question was not a formal HOA Board meeting at which official business was transacted. Instead, it was characterized as an informal “meet and greet” arranged by the incoming management company, Spectrum, prior to its official contract start date. Consequently, the 48-hour notice requirement for Board meetings was deemed not applicable. The ALJ concluded that the petitioner failed to meet his burden of proof, and he was ordered to bear the $500 filing fee.

Case Overview

• Parties:

◦ Petitioner: Robert E. Wolfe, a resident and member of the Warner Ranch Association.

◦ Respondent: Warner Ranch Association (HOA), represented by board members and its management company, Spectrum Association Management.

• Case Number: 25F-H062-REL

• Adjudicating Body: Arizona Office of Administrative Hearings (OAH), following a referral from the Arizona Department of Real Estate.

• Presiding Judge: Kay A. Abramsohn, Administrative Law Judge.

• Core Dispute: Whether the “kickstart meeting” held on March 28, 2025, constituted an official Board of Directors meeting subject to the 48-hour advance notice requirement under A.R.S. § 33-1804(D).

Procedural History

The case involved several procedural adjustments regarding the hearing format and date, primarily initiated by the petitioner. Notably, several of the petitioner’s requests were made without copying the respondent, a point of order noted by the ALJ.

Action

Outcome

Aug 11, 2025

Petitioner requests a continuance, citing unavailability.

Aug 21, 2025

An order is issued continuing the hearing to October 7, 2025, to be held virtually.

Aug 27, 2025

Petitioner agrees to the date but requests the hearing be conducted in-person.

Sep 7, 2025

An order is issued confirming the October 7 date and changing the format to in-person.

Sep 30, 2025

Respondent’s counsel requests a virtual option for an unavailable witness.

Sep 30, 2025

A final order is issued establishing a hybrid hearing format (in-person and virtual) for October 7, 2025.

Petitioner’s Allegations and Arguments (Robert E. Wolfe)

The petitioner’s case was singularly focused on the alleged violation of the 48-hour notice rule for Board meetings.

• Core Claim: The HOA held a Board meeting on Friday, March 28, 2025, at 1:00 PM but provided notice less than 48 hours in advance, in direct violation of A.R.S. § 33-1804(D).

• Evidence of Insufficient Notice:

◦ Email notifications for the meeting were sent on Wednesday, March 26, 2025.

◦ Documentary evidence showed computer-generated receipt times ranging from 1:36 PM to 1:45 PM on March 26, which is less than 48 hours before the 1:00 PM meeting on March 28.

◦ The petitioner himself did not receive the initial email notice and was forwarded a copy by the HOA President, Melanie Zimmer.

• Evidence the Event was a Board Meeting:

◦ The petitioner argued the event’s structure and attendance qualified it as a formal Board meeting. The meeting notification included a formal agenda with items such as “Call to Order,” “Establishment of a Quorum,” and “Adjournment.”

◦ He contended that the meeting minutes listed Board members as present, indicating a quorum was established.

◦ In his testimony, the petitioner stated, “when you have a quorum of board of directors, it requires notice of open meeting.”

◦ He summarized his position with an analogy:

• Requested Relief:

1. Reimbursement of the $500 filing fee.

2. An order requiring that a copy of the open meeting law be given to each board member.

Respondent’s Position and Testimony (Warner Ranch Association & Spectrum)

The respondent’s defense centered on the informal nature and purpose of the meeting, arguing it did not constitute official Board business.

• Characterization of the Meeting: The event was consistently described as an “informal kickstart meeting” and a “meet and greet,” not a formal Board meeting.

• Purpose of the Meeting:

◦ The meeting was arranged by the incoming management company, Spectrum, to introduce its team to the Board and homeowners.

◦ This was deemed necessary due to severe operational issues with the previous management company, which was described as “very, very delinquent.”

• Absence of Official Business:

◦ Testimony from multiple representatives, including HOA President Melanie Zimmer and Spectrum’s Brenda Steel, asserted that no official Board business, decision-making, motions, or votes were conducted.

◦ The meeting minutes reflected discussions about the management transition, roles, and expectations, but contained no record of official Board actions.

• Context of Management Transition:

◦ The contract with Spectrum was signed prior to the “kickstart” meeting.

◦ However, Spectrum’s official management duties were not set to begin until April 1, 2025. The March 28 meeting occurred before Spectrum formally took over management.

• Acknowledgement of Procedural Issues:

◦ A Spectrum representative testified that the meeting “could have been noticed differently” and that they did not have a complete list of homeowner email addresses from the prior company.

◦ HOA Treasurer Bonnie S. acknowledged receiving her own notice late (36 minutes after the 48-hour mark) and offered an apology:

Administrative Law Judge’s Decision and Rationale

The ALJ’s final decision, issued on November 11, 2025, sided with the respondent and dismissed the petition.

• Final Order:

◦ The petitioner’s petition in case 25F-H062-REL was ordered dismissed.

◦ The petitioner, Robert E. Wolfe, was ordered to bear the $500.00 filing fee.

• Key Finding: The ALJ concluded that the March 28, 2025 “Kick Start” meeting was not an official HOA Board meeting where business was transacted.

• Legal Rationale: Because the event was not a Board meeting as defined by statute, the 48-hour advance notice requirement stipulated in A.R.S. § 33-1804(D) did not apply.

• Evidentiary Basis for Decision:

◦ The finding was supported by testimony from the HOA and Spectrum characterizing the event as an informal “meet and greet.”

◦ A review of the meeting minutes confirmed that they “do not reflect any motions, votes, or actions taken by the Board at the meeting on behalf of the HOA.”

◦ The decision noted that Spectrum had also mailed a postcard regarding the meeting to each of the 803 HOA members.

• Conclusion on Burden of Proof: The petitioner bore the burden of proving a violation by a preponderance of the evidence. The ALJ ruled that this burden was not met.

Study Guide: Robert E. Wolfe v. Warner Ranch Association (No. 25F-H062-REL)

This study guide provides a comprehensive overview of the administrative hearing and subsequent legal decision regarding the dispute between Robert E. Wolfe and the Warner Ranch Association. It explores the application of Arizona statutes governing homeowners' associations (HOAs), specifically concerning meeting notice requirements.

I. Case Overview and Key Concepts

Administrative Framework

The case was heard by the Office of Administrative Hearings (OAH), an independent state agency in Arizona that conducts hearings for approximately 40 different boards and commissions. This specific matter was referred to the OAH by the Arizona Department of Real Estate, which is authorized by statute to receive and decide petitions from HOA members.

Central Legal Issue

The core of the dispute was whether the Warner Ranch Association violated Ariz. Rev. Stat. § 33-1804(D). This statute dictates that for board of directors' meetings held after the termination of declarant control, notice to members and meeting agendas must be provided at least 48 hours in advance. Notice can be given via newsletter, conspicuous posting, or other reasonable means.

The "Kick Start" Meeting

The conflict arose from a meeting held on March 28, 2025, at 1:00 p.m., organized by Spectrum Association Management (Spectrum). Spectrum was set to become the HOA's management company on April 1, 2025, taking over from the previous company, AAM.

The Petitioner, Robert E. Wolfe, alleged that the meeting was a formal board meeting and that the notice provided (sent via email on March 26, 2025, between 1:36 p.m. and 1:45 p.m.) failed to meet the 48-hour statutory requirement.

Timeline of Events
Date Event
March 26, 2025 Spectrum sends email notifications for the "Kick Start" meeting (1:36 p.m. – 1:45 p.m.).
March 27, 2025 Petitioner warns the Board President of a potential Open Meeting law violation.
March 28, 2025 The "Kick Start" meeting is held at 1:00 p.m. via Zoom and in-person.
May 13, 2025 Petitioner files a petition with the Department of Real Estate ($500 filing fee).
August 21, 2025 First order granting a continuance of the hearing.
October 7, 2025 Evidentiary hearing held at the Office of Administrative Hearings.
November 11, 2025 Administrative Law Judge (ALJ) issues a final decision dismissing the petition.

II. Short-Answer Practice Questions

  1. Who served as the Administrative Law Judge (ALJ) for this case?
  2. What was the specific Arizona Revised Statute at the center of the Petitioner’s complaint?
  3. What was the filing fee paid by the Petitioner to initiate the hearing?
  4. On what date did Spectrum officially begin managing the Warner Ranch Association?
  5. What primary reason did the Respondent give for holding the "Kick Start" meeting?
  6. According to the ALJ’s findings, did the "Kick Start" meeting involve any motions, votes, or actions taken by the Board?
  7. What evidence did Spectrum provide to show they attempted to notify all 803 members of the meeting?
  8. What is the legal "burden of proof" required for a Petitioner in this type of administrative hearing?
  9. Why did the ALJ conclude that the 48-hour notice requirement did not apply to the March 28 meeting?
  10. What was the final outcome for the Petitioner regarding the $500 filing fee?

III. Essay Prompts for Deeper Exploration

1. Distinguishing Formal Board Business from Informal Gatherings

Analyze the criteria used by the Administrative Law Judge to determine that the "Kick Start" meeting was not a formal board meeting. In your essay, discuss the significance of the meeting minutes, the lack of official votes, and the timing of the management contract. Why is the distinction between a "meet and greet" and a "board meeting" critical for HOA compliance with A.R.S. § 33-1804(D)?

2. The Mechanics and Limits of Notice in the Digital Age

The Petitioner argued that email timestamps proved the notice was less than 48 hours before the meeting. The Respondent argued that transmission times vary and computer issues are beyond their control. Evaluate the role of technology in legal notice requirements. Should an HOA be held strictly liable for the exact minute an email is received, or is "reasonable means" as determined by the board (and supplemented by physical postcards) sufficient?

3. Burden of Proof and the Preponderance of Evidence

Define the "preponderance of the evidence" standard as used in this case. Discuss how the Petitioner attempted to meet this burden and why the ALJ ultimately found the evidence insufficient. Consider the impact of the Petitioner's inability to attend the meeting and his reliance on the meeting's agenda and minutes to build his case.

IV. Glossary of Important Terms

  • Administrative Law Judge (ALJ): An official who presides over an administrative hearing, functioning similarly to a trial judge by hearing evidence and issuing a decision.
  • Ariz. Rev. Stat. (A.R.S.): Arizona Revised Statutes; the codified laws of the state of Arizona.
  • Burden of Proof: The obligation of a party (in this case, the Petitioner) to prove the allegations made in their petition.
  • Continuance: A postponement of a scheduled legal proceeding or hearing to a later date.
  • Declarant Control: The period during which the developer of a community maintains control over the HOA board before transitioning it to the homeowners.
  • HOA (Homeowners’ Association): A private organization in a planned community that makes and enforces rules for the properties and its residents.
  • OAH (Office of Administrative Hearings): An independent Arizona agency that provides a neutral forum for hearings between citizens and state agencies.
  • Petition: A formal written request to a government authority (the Department of Real Estate) for a legal hearing or action.
  • Preponderance of the Evidence: A legal standard meaning that a claim is "more probably true than not," based on the convincing force of the evidence presented.
  • Quorum: The minimum number of members of a board or committee that must be present at any of its meetings to make the proceedings of that meeting valid.
  • Respondent: The party against whom a petition is filed (in this case, the Warner Ranch Association).
  • Virtual Hearing: A legal proceeding conducted via digital communication platforms (such as Google Meet) rather than in a physical courtroom.

When a Meeting Isn’t a "Meeting": Lessons from the Warner Ranch Association Dispute

Forty-seven hours and fifteen minutes.

In the case of Wolfe v. Warner Ranch Association, that precise window of time was the difference between a routine management transition and a $500 legal battle before the Arizona Office of Administrative Hearings. The dispute centered on a fundamental question that keeps HOA board members up at night: Does every single gathering of a quorum require a formal 48-hour notice, or is there a legal safe harbor for informal sessions?

When Robert E. Wolfe, a homeowner in the Warner Ranch Association, challenged the board over an alleged violation of Arizona’s Open Meeting Law (A.R.S. § 33-1804(D)), he wasn't just arguing about a clock—he was arguing about the very definition of a "board meeting."

The "Kickstart" Incident: Timeline of a Dispute

The conflict arose during a turbulent transition period. Warner Ranch was moving from its previous management company, AAM, to Spectrum Association Management (SpectrumAM). To facilitate the handoff, a "kickstart" session was scheduled for March 28, 2025.

However, the notification process was a race against the clock that the Association technically lost. Here is how the timeline unfolded:

  • March 26, 2025, 1:00 p.m.: The legal deadline for a 48-hour notice for a March 28 meeting at 1:00 p.m. expires.
  • March 26, 2025, 1:36 p.m. – 1:45 p.m.: SpectrumAM issues electronic notifications to members. Some received it at 1:36 p.m., while Board President Melanie Zimmer received hers at 1:45 p.m.—roughly 47 hours and 15 minutes before the scheduled start.
  • March 27, 2025: Mr. Wolfe receives a postcard notification but alerts the Board President that the 48-hour window has been missed, suggesting the meeting be rescheduled.
  • March 28, 2025, 1:00 p.m.: The "Kickstart" session convenes via Zoom, with several board members appearing in person at SpectrumAM’s Gilbert offices.

Under A.R.S. § 33-1804(D), notice must be given at least 48 hours in advance via newsletter, conspicuous posting, or other reasonable means. Because the digital alerts went out less than 48 hours before the gavel fell, Mr. Wolfe saw a clear-cut violation.

The Petitioner’s Argument: "If It Walks Like a Duck…"

During the hearing, Mr. Wolfe argued that the Association was attempting to hide behind labels. While the Association called the gathering an "informal kickstart," Wolfe contended it had all the hallmarks of a regulated board meeting. He leaned on a classic, if legally incomplete, analogy:

"There's an old saying, if it looks like a duck, walks like a duck, and quacks like a duck, it's a duck. And I think this… qualified as a requirement for it to be a [board meeting]."

To a legal journalist, however, a "duck" only quacks in court if it takes a vote. Nevertheless, Wolfe presented a compelling list of evidence:

  1. A Structured Agenda: The notice included formal headings such as "Call to Order," "Establishment of a Quorum," and "Adjournment."
  2. The Presence of a Quorum: The meeting minutes listed board members in a way that suggested a quorum was present, which Wolfe argued automatically triggered Open Meeting Law protections.
  3. Untimely Notice: Evidence showed the electronic notice was sent after the 1:00 p.m. deadline on March 26.

The Association’s Defense: The "Meet and Greet" Distinction

The Association’s defense provided a glimpse into the "messy" reality of management transitions. Board President Melanie Zimmer testified that the previous management company (AAM) had been remarkably "delinquent," even failing to transfer funds properly. At one point, the Association’s money was found in an envelope addressed to the wrong company.

Given this chaos, the Association argued the March 28 session was a necessary "meet and greet" to set expectations with SpectrumAM staff, who hadn't even officially started their contract (which began April 1). Crucially, the Association pointed out that the agenda included a disclaimer: "this agenda is subject to change."

Feature Petitioner's View Association's Explanation
Purpose Formal Board Meeting Informal "Meet and Greet"
Management Regulated Session Pre-contractual Kickstart (Contract began April 1)
Action Taken Official Business Introduction/Expectation Setting

The Association’s Community Manager, Brenda Steel, and Division President Diana Treantos clarified that the session was about "HOA vision" and procedural introductions rather than policy-making.

The Judge’s Ruling: The Critical Distinction

Administrative Law Judge Kay Abramsohn ultimately dismissed the petition, but the reasoning is what every HOA director should study. The dismissal didn't hinge on whether the Association sent the email at 1:36 p.m. or 1:00 p.m. It hinged on the transaction of business.

The Judge ruled that the session did not constitute a "board meeting" under the statute because there were no motions, no votes, and no actions taken. Without these three elements, the gathering remained an informal session that did not trigger the 48-hour notice requirement.

Furthermore, the Judge addressed the "reasonableness" of the Association's efforts. The evidence showed that SpectrumAM had mailed 8 ½ by 5 ½ postcards to all 803 members. The court found this to be a reasonable effort at notice, regardless of whether every member received the postcard before the meeting.

Essential Takeaways for Homeowners and Boards

The Warner Ranch case offers three vital lessons for community governance:

  1. The Transaction of Business is the Threshold: Arizona law (A.R.S. § 33-1804(D)) defines a meeting by what happens during it. If the board is not taking votes or making official decisions, a gathering for "vision setting" or vendor introductions may not legally require the 48-hour notice. However, boards should remain cautious; the moment a motion is made, the "meet and greet" becomes a legal minefield.
  2. The "Actual Notice" Clause is a Shield: The statute specifically provides that the "failure of any member to receive actual notice" does not invalidate the meeting’s actions, provided the board used reasonable means (like the 803 postcards sent in this case) to spread the word.
  3. Documentation Defeats Assumptions: The Association was saved by its minutes. Because those minutes accurately reflected a lack of motions or votes, the Judge had clear evidence that no business was transacted.

While management transitions are often periods of high friction, the Warner Ranch dispute proves that transparency and diligent record-keeping are an Association’s best defense against the "duck" analogy.

Technical References

  • Case Name: Robert E. Wolfe v. Warner Ranch Association, No. 25F-H062-REL
  • A.R.S. § 33-1804(D): Arizona Open Meeting Law for Planned Communities.
  • A.R.S. § 32-2199.01: Administrative adjudication of complaints.

Case Participants

Petitioner Side

  • Robert E. Wolfe (Petitioner)
    Warner Ranch Association
    HOA member appearing on his own behalf.

Respondent Side

  • Melanie Zimmer (HOA President)
    Warner Ranch Association
    Board President appearing on behalf of the Warner Ranch Association.
  • Bonnie Strike (Board Member and Treasurer)
    Warner Ranch Association
    Referred to as Bonnie S. in the final decision.
  • Brenda Steel (Community Manager)
    Spectrum Association Management
    Managed the Warner Ranch Association.
  • Elizabeth Wicks (Legal Services Operations Manager)
    Spectrum Association Management
    Spelled 'Wakes' in some transcript segments.
  • Diana Treantos (Division President)
    Spectrum Association Management
    Referred to as Diana T. in the final decision.
  • Chandler W. Travis (Counsel)
    The Travis Law Firm PLC
    Legal counsel representing the respondent.

Neutral Parties

  • Kay Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
    Presiding judge for the hearing and author of the final decision.
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
    Received the final transmitted order.

Rainey, Chad D. v. The Garden Lakes Community Association

Posted on by

Case Summary

Case ID 25F-H061-REL
Agency —
Tribunal —
Decision Date 2025-09-01
Administrative Law Judge KAA
Outcome —
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner Chad D. Rainey Counsel Pro Se
Respondent The Garden Lakes Community Association Counsel Ashley N. Turner, Esq. (CHBD Law)

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

25F-H061-REL Decision – 1327389.pdf

Uploaded 2026-04-24T12:51:38 (53.6 KB)

25F-H061-REL Decision – 1332130.pdf

Uploaded 2026-04-24T12:51:42 (48.6 KB)

25F-H061-REL Decision – 1334329.pdf

Uploaded 2026-04-24T12:51:47 (47.9 KB)

25F-H061-REL Decision – 1345206.pdf

Uploaded 2026-04-24T12:51:53 (136.1 KB)

Briefing Document: Rainey v. The Garden Lakes Community Association

Executive Summary

This document synthesizes the proceedings and outcome of case number 25F-H061-REL, a dispute between homeowner Chad D. Rainey (Petitioner) and The Garden Lakes Community Association (Respondent) adjudicated by the Arizona Office of Administrative Hearings. The central issue was the Association’s refusal to provide copies of vendor invoices related to lake maintenance and other expenses, which were requested by the Petitioner on April 18, 2025.

The Association argued that such invoices were not “records of the Association” under Arizona law, but rather “third-party” or “source” documents that it was not obligated to disclose. The Petitioner contended that Arizona statute A.R.S. § 33-1805(A), which mandates that “all financial and other records” be made available, clearly includes these invoices.

Following an evidentiary hearing on August 4, 2025, Administrative Law Judge Kay A. Abramsohn ruled decisively in favor of the Petitioner. The final decision, issued September 1, 2025, concluded that the Association’s characterization of the invoices as “disingenuous” and found that records kept by a management company on behalf of an association are legally considered the association’s records. The judge ordered the Association to provide access to the requested invoices and reimburse the Petitioner’s $500 filing fee, establishing that an association cannot arbitrarily exclude such fundamental financial documents from member examination.

Case Overview

Detail

Description

Case Number

No. 25F-H061-REL

Petitioner

Chad D. Rainey

Respondent

The Garden Lakes Community Association

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Kay A. Abramsohn

Hearing Date

August 4, 2025

Decision Date

September 1, 2025

Statutes at Issue

A.R.S. § 33-1805(A)

Bylaws at Issue

Article VI, Section 6.13

Procedural History

1. Initial Concern: Beginning March 12, 2025, Mr. Rainey communicated with the community manager regarding concerns about lake quality and fish kills within the community.

2. Formal Records Request: On April 18, 2025, Mr. Rainey sent a formal email request to the Association for specific documents, including vendor invoices for lake maintenance accounts.

3. Association’s Refusal: In a letter dated May 1, 2025, the Association’s legal counsel provided some requested documents (contracts) but explicitly refused to produce any vendor invoices.

4. Petition Filed: On May 8, 2025, Mr. Rainey filed a petition with the Arizona Department of Real Estate, alleging the Association violated state law and its own bylaws.

5. Subpoena Dispute: A subpoena was issued for the Association’s Treasurer, Deborah Taylor. The Association filed a Motion to Quash on July 21, 2025, which was initially granted on July 24. However, upon reconsideration, the OAH reissued the subpoena on July 30, 2025, compelling Ms. Taylor’s virtual appearance.

6. Evidentiary Hearing: A virtual hearing was conducted via Google Meet on August 4, 2025.

7. Final Decision: On September 1, 2025, the Administrative Law Judge (ALJ) issued a final decision granting the Petitioner’s petition.

The Central Dispute: The Records Request

The core of the conflict was Mr. Rainey’s formal request for documents, specifically the Association’s refusal to provide invoices.

Petitioner’s Request (April 18, 2025)

Mr. Rainey requested access to copies of the following:

• Invoices for the past 24 months for bookkeeping accounts related to lake maintenance, including:

◦ 618 Water Feature Maintenance

◦ 66702 Lake Repairs

◦ 664 Water Feature Repairs/Maint

◦ 70705 Chemicals

◦ 72308 Lake Chemicals/Dye

◦ 724 Fish Stock

• Invoices for the past 12 months for account 56701 Annual Meeting Expense.

• Copy of the current contract with CCMC (the management company).

• Copy of the current contract for the landscape contractor.

Respondent’s Refusal (May 1, 2025)

The Association’s law firm, CHBD Law, responded by providing the CCMC and landscape contracts but refused to supply the requested invoices. The letter stated:

“[T]he Association declines to produce any documents related to your requests for invoices from various vendors or other contractors. Such third-party invoices are not ‘records of the Association’ and the Association has no obligation under Arizona law to produce or disclose thirty-party invoices. See A.R.S. § 10-11601. For this reason, the Association declines to produce any of the invoices you requested for the past 12 or 24 months.”

Key Arguments Presented at Hearing

Petitioner’s Position (Chad D. Rainey)

• Plain Language of the Law: A.R.S. § 33-1805(A) is unambiguous, stating “all financial and other records of the association shall be made reasonably available.” The term “all” is inclusive and does not permit the Association to selectively withhold records like invoices.

• Insufficiency of Available Records: The summary financial documents on the homeowner portal are inadequate for transparency, as they only list line-item totals without identifying vendors or detailing specific services performed.

• Refutation of Association’s Legal Defense:

◦ The Association’s reliance on A.R.S. § 10-11601 (corporate records) is misplaced. Paragraph F of that statute explicitly states that in a conflict, Title 33 (which governs planned communities) prevails.

◦ None of the specific exemptions listed in A.R.S. § 33-1805(B) (e.g., privileged communications, pending litigation) apply to vendor invoices.

• Governing Documents: The Association’s own bylaws (Section 6.13) require it to keep “detailed and accurate records… of the receipts and expenditures affecting the Common Areas,” which logically includes invoices.

• Motivation for Request: The request was made in good faith to understand how the Association was maintaining community lakes amid declining water quality. As Mr. Rainey stated, “I requested these specific and pointed invoices to learn about how the association maintained the lakes.”

Respondent’s Position (The Garden Lakes Community Association)

• Invoices are Not “Association Records”: The core of the defense was the assertion that invoices created by third-party vendors are not financial records of the Association. They were characterized as “source documents” that inform the financials but are not the financials themselves.

• Demonstrated Transparency: The Association argued it complies with the law by making its official financial records—such as balance sheets, statements of revenue, and budget summaries—available to all homeowners on the online portal.

• Operational Structure: The defense emphasized that invoices are not part of the Association’s ordinary records. They are handled exclusively by the management company’s accounting department, processed through a separate system called “IPS,” and are not included in the monthly financial packets reviewed by the Board of Directors.

• Statutory Interpretation: The Association contended that the statute does not specifically mention the word “invoice” and therefore does not compel their disclosure.

Key Witness Testimony

Deborah Taylor (Association Treasurer)

• Role and Responsibilities: Ms. Taylor testified that her role as Treasurer involves reviewing financial statements prepared by the management company, primarily to check for variances from the budget.

• Invoice Handling: She confirmed that neither she nor any other board member reviews, processes, or approves individual vendor invoices. This function is entirely delegated to the management company. She stated, “They [the Board] do not” review invoices and approve them for payment. When asked who does, she said, “As far as I’m I know, the management company. That’s what they’re contracted for.”

• Financial Packet: She testified that the monthly financial packet provided to the Board is over 100 pages long but does not contain copies of vendor invoices.

Stephanie Via (Community Manager, CCMC)

• Invoice Process: Ms. Via detailed the “life cycle” of an invoice. Vendors typically send invoices to CCMC’s invoicing department, which are then uploaded into a third-party system called IPS. She or others in the management company then process the payments.

• Board Approval: She testified that the Board approves expenditures based on contracts agreed upon in open meetings, not by reviewing individual invoices. For non-contractual repairs, she has a spending limit of $2,500 for emergencies.

• Online Financials: Ms. Via confirmed that the financial statements posted on the homeowner portal are summaries of about 14-15 pages and do not contain vendor names, only line-item categories. When asked if a homeowner could see who was paid, she responded, “It doesn’t have vendor names, but it has line items that pertain to lake maintenance or landscape.”

Administrative Law Judge’s Decision and Order

The ALJ’s final decision sided entirely with the Petitioner, rejecting the Association’s arguments and interpretation of the law.

Findings and Conclusions

• Records Held by Agent are Association Records: The decision established that “Garden’s financial documents are prepared by, and kept in the custody of, Garden’s property management company and, thus, are considered to be Garden’s documents.” An association cannot evade its disclosure obligations by delegating record-keeping to a third party.

• Rejection of “Source Document” Argument: The ALJ found the Association’s attempt to reclassify the invoices to be without merit, stating, “Garden’s portrayal of requested documents as ‘executive,’ ‘third-party,’ or ‘source’ is disingenuous.”

• Plain Meaning of Statute and Bylaws: The decision affirmed that A.R.S. § 33-1805’s use of “all financial and other records” is comprehensive. Furthermore, the Association’s own bylaws require “detailed and accurate records” of expenditures, which invoices represent.

• Violation Confirmed: The judge concluded that the Petitioner had sustained his burden of proof and that the Association violated both A.R.S. § 33-1805(A) and its own Bylaws (Article VI, Section 6.13) by failing to provide the requested records.

Final Order

1. The Petitioner, Chad D. Rainey, is declared the prevailing party and his Petition is GRANTED.

2. The Garden Lakes Community Association is ordered to comply with the law and reasonably provide examination access to the requested documents.

3. The Association is ordered to reimburse the Petitioner’s filing fee of $500.00.

4. No civil penalty was found to be appropriate in the matter.

Study Guide: Rainey v. Garden Lakes Community Association (Case No. 25F-H061-REL)

This study guide provides a comprehensive overview of the administrative hearing and legal dispute regarding a homeowner's right to access financial records within a planned community association in Arizona.

I. Case Overview and Key Concepts

Central Dispute

The case centers on whether The Garden Lakes Community Association (Respondent) violated state law and its own bylaws by refusing to provide Chad D. Rainey (Petitioner) with specific vendor invoices. The Petitioner sought these documents to investigate the maintenance and water quality of the community’s lakes following concerns about fish kills.

Legal Framework
  • A.R.S. § 33-1805(A): The primary Arizona statute governing records access. It mandates that "all financial and other records of the association" be made reasonably available for examination by members.
  • A.R.S. § 33-1805(B): Lists specific exemptions where records may be withheld (e.g., privileged legal communication, pending litigation, personal health/financial records of employees or members).
  • Bylaws Article VI, Section 6.13: The association’s internal rule requiring the Treasurer to keep detailed, itemized records of receipts and expenditures affecting common areas and property.
  • A.R.S. § 10-11601: A statute regarding nonprofit corporate records, which the Respondent unsuccessfully argued exempted third-party invoices from being classified as association records.
Key Entities and Roles
Entity/Individual Role in Case
Chad D. Rainey Petitioner; homeowner and trustee of the HN and PR Living Trust.
The Garden Lakes Community Association Respondent; a planned community with 2,216 lots.
CCMC The third-party property management company for the association.
Kay A. Abramsohn Administrative Law Judge (ALJ) presiding over the Tribunal.
Deborah Taylor Board Member and Treasurer of the Association.
Stephanie Via Community Manager (CCMC) responsible for daily operations and paying invoices.

II. Short-Answer Practice Questions

  1. What specific documents did the Petitioner request on April 18, 2025?
  • Answer: Invoices for the past 24 months for accounts related to water feature maintenance, lake repairs, chemicals, and fish stock (Accounts 618, 66702, 664, 70705, 72308, 724); invoices for the past 12 months for the annual meeting expense (Account 56701); and copies of current management and landscape contracts.
  1. On what grounds did the Association initially refuse to provide the vendor invoices?
  • Answer: They argued that third-party vendor invoices are not "records of the association" under A.R.S. § 10-11601 and that the statute does not require the disclosure of "source documents."
  1. What was the Respondent’s argument regarding the Petitioner’s "standing" to bring the case?
  • Answer: The Respondent questioned whether Chad Rainey was the legal owner of the property, noting the warranty deed listed Heather Rainey as the trustee of the living trust.
  1. How did the Association make its standard financial information available to homeowners?
  • Answer: Through a homeowner portal where PDFs of approved meeting minutes and summary financial statements (balance sheets, income statements, operating statements) are posted.
  1. Who bears the burden of proof in this administrative proceeding, and what is the standard?
  • Answer: The Petitioner bears the burden of proof by a "preponderance of the evidence."
  1. What was the Judge's final ruling regarding the invoices?
  • Answer: The Judge ruled that the invoices are association records. The Association violated A.R.S. § 33-1805(A) and Bylaw 6.13 by failing to provide access.
  1. What was the "IPS" mentioned during Stephanie Via's testimony?
  • Answer: IPS is the third-party system used by the management company to process and pay vendor invoices.
  1. What financial penalty was assessed against the Association?
  • Answer: No civil penalty was assessed, but the Association was ordered to reimburse the Petitioner’s $500.00 filing fee.

III. Essay Questions for Deeper Exploration

  1. The Distinction Between Summary Financials and Source Documents:

Analyze the Association's argument that summary financial statements fulfill their legal obligations, whereas "source documents" like invoices do not. Why did the Tribunal find this distinction "disingenuous"? In your answer, reference the specific requirements found in the Association's Bylaws (Section 6.13) regarding "itemized" records.

  1. Delegation of Duties vs. Statutory Responsibility:

The Association Treasurer testified that she does not manage or even see the invoices, as those duties were delegated to the management company (CCMC). Discuss the legal implications of a Board delegating its functions to a third party. Does delegation absolve the Association of its statutory duty to provide records under A.R.S. § 33-1805?

  1. Transparency in Planned Communities:

Evaluate the Petitioner’s argument that transparency is "not optional" and that summary documents are insufficient for a homeowner to perform a "reconciliation" or "audit" of how funds are spent. Contrast this with the Association’s concern regarding the volume of records (the "100+ page" financial packet). How does the law balance the administrative burden on the association with the member’s right to oversight?

IV. Glossary of Important Terms

  • A.R.S. (Arizona Revised Statutes): The codified laws of the state of Arizona.
  • Administrative Law Judge (ALJ): A judge who moves over trials and adjudicates disputes involving administrative agencies.
  • Common Areas: Property owned or controlled by the Association for the use and benefit of all members (e.g., the lakes in Garden Lakes).
  • Ex-Parte: A legal action or communication taken by one party without notice to or the presence of the other party. (The Petitioner's subpoena request was noted not to be an ex-parte filing).
  • Motion to Quash: A legal request to a court or tribunal to render a previous order or subpoena null or invalid. The Respondent moved to quash the subpoena for Deborah Taylor.
  • Preponderance of the Evidence: The standard of proof in most civil cases, meaning the evidence shows that the contention is "more probably true than not."
  • Privileged Communication: Protected interactions (like those between an attorney and client) that are exempt from disclosure.
  • Record Holder of Legal Title: The person or entity officially recognized on public deeds as the owner of a property.
  • Subpoena: A writ ordering a person to attend a court or hearing.
  • Tribunal: A body of some kind, such as a court or the Office of Administrative Hearings, that has the authority to adjudicate disputes.
  • Variance Report: A financial document that compares actual expenses against the established budget to identify overages or savings.

HOA Transparency Win: Why "Source Documents" are Your Right to See

In the realm of homeowners associations (HOAs), the line between board oversight and member transparency is a frequent battleground. The case of Rainey v. The Garden Lakes Community Association (No. 25F-H061-REL) recently brought this conflict into sharp focus before an Arizona administrative law judge. What began as a homeowner’s simple request to examine vendor invoices ended in a landmark victory for transparency. Despite the HOA’s sophisticated legal maneuvers to classify invoices as "third-party source documents" beyond the reach of members, the court issued a clear mandate: homeowners have a statutory right to see the receipts, not just the summaries.

The Catalyst: Fish Kills and Financial Curiosities

The dispute was sparked by Chad Rainey, a homeowner in the Garden Lakes community, who observed a troubling decline in the quality of the community's lakes. Motivated by recurring "fish kills" and deteriorating aeration systems, Rainey sought to verify how community funds were being utilized for maintenance.

To investigate the efficacy of the association’s spending, he requested access to specific invoices from the previous 12 to 24 months for the following accounts:

  • Lake Repairs: Account 66702
  • Fish Stock: Account 724
  • Water Feature Maintenance & Repairs: Accounts 618 and 664
  • Chemicals & Lake Dye: Accounts 70705 and 72308
  • Annual Meeting Expense: Account 56701 (noted by the Petitioner for appearing unusually high)

While the HOA provided copies of basic third-party contracts, they flatly refused to release the actual invoices, sparking a legal showdown over the definition of an "association record."

The "Gatekeeper" Defense: The HOA’s Argument for Secrecy

The Association’s defense relied on a calculated, albeit flawed, interpretation of corporate record-keeping and statutory hierarchy. Their legal team attempted to shield the invoices by arguing they were the property of the management company, not the HOA itself.

HOA Claim Statutory/Legal Justification Cited Legal Analyst’s Note
Corporate Records Argument Claimed invoices are not "records of the association" under A.R.S. § 10-11601. Under A.R.S. § 10-11601(F), Title 33 (Planned Communities) explicitly supersedes Title 10 when laws conflict.
The "Executive" Nature Claim Argued that vendor invoices are private or "executive" in nature. A.R.S. § 33-1805(B) lists specific exemptions (e.g., litigation, health records); invoices are not among them.
Management/Custody Argument Claimed that because records were held by CCMC (the management company), the HOA did not "possess" them. Ownership and custody are distinct; agents hold records on behalf of the principal (the HOA).

The HOA further contended that since their management company utilized a proprietary "IPS" invoicing system, the board itself did not typically review individual documents, thus making them unnecessary for homeowner review.

Testimony Highlights: The 10:1 Information Gap

The hearing testimony revealed a staggering disconnect between the board’s financial oversight and the information provided to the community.

  • The "Out-of-the-Loop" Board: Board Treasurer Deborah Taylor admitted she does not review individual vendor invoices. Instead, she only reviews "Financial Packets" for budget variances. She testified that the board delegates the entire processing and management of invoices to the management company.
  • The Manager’s Spending Power: Community Manager Stephanie Via testified that she possesses a $2,500 spending limit for emergencies. This allows her to approve repairs and pay invoices without prior board review, effectively creating a stream of expenditure that neither the board nor the homeowners see at the invoice level.
  • The Information Gap: While the Board receives a "Financial Packet" that can exceed 100 pages, Via admitted that homeowners are only provided a 14–15 page summary on the community portal. This 10:1 ratio of information proves that the summaries provided to homeowners are insufficient for real oversight.

The Legal Turning Point: The Judge’s Ruling

Administrative Law Judge Kay A. Abramsohn saw through the Association’s attempts to obfuscate. In a scathing Conclusion of Law, the judge dismissed the HOA’s portrayal of invoices as "executive" or "third-party" as "disingenuous."

The judge specifically integrated the Association's own Bylaws (Article VI, Section 6.13) into the ruling, noting that the Treasurer is required to keep records "specifying and itemizing the expenses incurred." This itemization is impossible without the very invoices the HOA sought to hide.

Crucially, the ruling sets a standard for all Arizona HOAs that use third-party managers: custody by a manager does not negate the association’s ownership or the members' right to see the records.

"Garden’s financial documents are prepared by, and kept in the custody of, Garden’s property management company and, thus, are considered to be Garden’s documents and Garden is obligated to provide access to those documents to homeowners pursuant to ARIZ. REV. STAT. § 33-1805."

Final Verdict and Member Impact

The Tribunal ruled entirely in favor of the Petitioner, affirming that transparency is a statutory mandate, not a board's discretion. The final order required the Association to:

  1. Grant the Petition: Formally finding the HOA in violation of state law and its own bylaws.
  2. Provide Full Access: The HOA was ordered to provide examination access to all requested invoices for lake maintenance, fish stock, and annual meeting expenses.
  3. Pay for the Violation: The HOA was ordered to reimburse the Petitioner’s $500 filing fee.

What This Means for You

This case is a major win for homeowner rights and offers three critical lessons:

  1. "Financial Records" Includes "Source Documents": The court rejected the idea that "records" only mean summary statements. If a document—like an invoice—is the source of a financial entry, it is a record of the association.
  2. Management is Not a Shield: An HOA cannot outsource its way out of transparency. Whether a management company holds the files or uses a proprietary software system (like IPS), those records belong to the HOA and must be disclosed.
  3. Statutory Exemptions are Narrow: Unless a document falls under the specific privacy or legal exemptions in A.R.S. § 33-1805(B) (such as pending litigation or personal health information), the HOA has no legal authority to withhold it.

Closing Thought

Homeowner oversight is the only functional check on how community funds are spent. When boards delegate spending authority to managers—sometimes up to $2,500 at a time—the right to inspect the "receipts" becomes even more critical. This ruling reinforces that transparency is not a courtesy; it is a fundamental legal right that cannot be buried in a management company's filing cabinet. In the battle for the receipts, the law clearly sides with the homeowner’s right to know.

Case Participants

Petitioner Side

  • Chad D. Rainey (Petitioner)
    Represented himself.
  • Heather Rainey (Co-Trustee)
    HNC Living Trust
    Wife of the petitioner; co-trustee of the property.

Respondent Side

  • Ashley N. Turner (Attorney)
    CHBD Law
    Represented The Garden Lakes Community Association.
  • Deborah Taylor (Treasurer)
    The Garden Lakes Community Association
    Board member who testified regarding financial records and responsibilities.
  • Stephanie Villa (Community Manager)
    CCMC
    Testified regarding the association's management, records, and invoices. Spelled 'Via' in the transcript but 'Villa' in the final decision.
  • Madison Raider (Summer Associate)
    CHBD Law
    Observer during the hearing.
  • Sebastian Shuya (Summer Associate)
    CHBD Law
    Observer during the hearing.

Neutral Parties

  • Kay A. Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
    Presided over the hearing and issued the decision.

Nicholas Thomas v. Tanglewood Association

Posted on by

Case Summary

Case ID 25F-H037-REL
Agency Arizona Department of Real Estate
Tribunal —
Decision Date 2025-07-13
Administrative Law Judge KAA
Outcome —
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner Nicholas Thomas Counsel Pro Se
Respondent Tanglewood Association Counsel Hector Saavedra, Co-President

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

25F-H037-REL Decision – 1300705.pdf

Uploaded 2026-04-24T12:40:08 (49.8 KB)

25F-H037-REL Decision – 1327762.pdf

Uploaded 2026-04-24T12:40:17 (147.6 KB)

Briefing Document: Nicholas Thomas v. Tanglewood Association (Case No. 25F-H037-REL)

Executive Summary

This briefing document synthesizes the proceedings and outcome of Case No. 25F-H037-REL, a dispute between property owner Nicholas Thomas (Petitioner) and the Tanglewood Association (HOA/Respondent). The case was adjudicated by the Arizona Office of Administrative Hearings, with a final decision issued on July 13, 2025.

The Petitioner filed a two-issue petition alleging that the HOA (1) failed in its duty to perform timely plumbing repairs, rendering his unit uninhabitable, and (2) failed to hire a professional property management company, leading to systemic financial and operational issues.

The HOA countered that the repair delays were not due to inaction but to severe financial constraints and the procedural necessity of securing a majority vote from homeowners for a special assessment. This funding was required for the extensive and costly repairs needed for the property’s aging infrastructure. The HOA highlighted that the Petitioner had never participated in these critical votes.

The Administrative Law Judge ultimately denied the petition in its entirety, finding that the Petitioner had not met his burden of proof. The decision concluded that the HOA’s actions were constrained by its financial reality and governing documents, not a breach of duty. The delays were attributed to the failed attempts to secure owner-approved funding via special assessment votes in prior years. The HOA was determined to be the prevailing party, and the Petitioner was ordered to bear his own filing fees.

I. Case Overview

• Case Number: 25F-H037-REL

• Parties:

◦ Petitioner: Nicholas Thomas, owner of Unit 141, Building 4

◦ Respondent: Tanglewood Association (HOA), represented by Co-President Hector Saavedra

• Adjudicating Body: Arizona Office of Administrative Hearings (OAH)

• Presiding Judge: Administrative Law Judge Kay A. Abramsohn

• Timeline:

◦ Petition Filed: February 7, 2025

◦ Hearing Date: May 16, 2025

◦ Decision Issued: July 13, 2025

The Petitioner filed a petition with the Arizona Department of Real Estate alleging the HOA violated its CC&Rs by failing to maintain the property and by not hiring professional management. The matter was referred to the OAH for an evidentiary hearing.

II. Complaint #1: Failure to Repair Plumbing Issue

Petitioner’s Position

The central claim was that the HOA failed to address a severe plumbing issue in a timely manner, which stemmed from common lines outside the Petitioner’s unit.

• Timeline of Events:

◦ October 2024: The Petitioner first became aware of a plumbing issue causing the kitchen sink to back up. A private plumber determined the issue was external to the unit.

◦ November 18, 2024: The HOA was formally notified of the problem.

◦ January/February 2025: Communication from the HOA ceased, prompting the Petitioner to file his complaint.

◦ February 18, 2025: The Petitioner canceled the lease with his tenants as the unit was deemed “uninhabitable” due to flooding and a non-functional sink.

• Consequences: The Petitioner cited damage to the kitchen floor and walls, the loss of rental income, and the ongoing uninhabitable state of the unit. The water line to the sink was eventually capped in February 2025 to stop the flooding, but this did not resolve the underlying issue.

• Key Quote: “The plumbing issue has been in place for 7 months. It has not been addressed. The house is currently unlivable, uninhabitable, still has damage in it. Um, and I do believe the HOA has failed in its required responsibilities to address this issue.” – Nicholas Thomas

• Requested Relief:

1. An order for the HOA to fix the plumbing with a specific timeline.

2. Reimbursement of the $500 portion of the filing fee for this complaint.

3. Reimbursement for lost rent.

Respondent’s Position (Tanglewood HOA)

The HOA argued that the delay was a direct result of financial insolvency and procedural requirements stipulated in its governing documents, not negligence.

• Systemic Problem: The plumbing issues were not isolated to the Petitioner’s unit but were part of a larger problem with the property’s aging infrastructure, dating back to 1965. A similar issue in another building cost $15,000 to repair two years prior.

• Financial & Procedural Hurdles: The estimated cost for the current repairs was initially $15,000 but rose to $50,000. The HOA stated it was “flat broke” with minimal reserves. The CC&Rs mandate a majority vote of over 50% (50.1%) of owners to approve a special assessment for such funding.

• Key Quote: “It should be noted that the board cannot increase the dues of the HOA or or ask for an special assessment unless we have a 50.01% vote from the owners. Mr. Thomas hasn’t voted in two three years and the things that he’s been asking for need their vote to make them happen.” – Hector Saavedra

• Voting History: Attempts to pass a special assessment failed in 2022 and 2023 due to a lack of owner participation. The Petitioner acknowledged he had never voted.

• Eventual Success: In 2025, after significant effort, the HOA secured a 50.35% vote to approve a $70,000 special assessment. This was structured in three phases to ease the financial burden on owners.

• Current Action Plan: At the time of the hearing, the HOA had collected approximately $40,000, made a $15,000 down payment to a plumbing contractor, and was scheduling the work. The repairs were set to begin with Building 4, which includes the Petitioner’s unit and was identified as having the most severe damage.

III. Complaint #2: Lack of Professional Management

Petitioner’s Position

This complaint asserted that the root cause of the HOA’s problems was its self-managed, volunteer-run structure, which was incapable of handling the property’s complex needs.

• Core Argument: A volunteer board lacks the time, expertise, and resources for effective financial management, enforcement of dues collection (including foreclosure on delinquent owners), and timely handling of maintenance. The Petitioner’s brother, Lucas Thomas, testified that in his 15 years as a property manager, he has consistently seen self-managed HOAs fail to operate correctly.

• Alleged Financial Mismanagement: The Petitioner argued the HOA should have been proactively increasing dues up to the 20% annual limit allowed by Arizona Revised Statutes (A.R.S. § 33-1803) without an owner vote, which would have built necessary reserves.

• Key Quote: “Every time that there is a self-managed HOA, the volunteers just don’t have the knowledge or the knowhow or the connections to locals that they need to properly facilitate a giant management especially for 42 units.” – Lucas Thomas

• Requested Relief:

1. An order for the HOA to hire a professional property management company.

2. Reimbursement of the $500 portion of the filing fee for this complaint.

Respondent’s Position (Tanglewood HOA)

The HOA acknowledged the challenges of a volunteer board but maintained that its primary obstacle was financial, not a lack of willingness to act.

• Affordability: The board had discussed hiring a professional management company but concluded it could not afford the expense. They feared that passing the cost to owners would result in even greater delinquency in dues payments.

• Volunteer Effort and Investment: The board is comprised of unpaid owner volunteers who live on the property and are personally impacted by the issues. Mr. Saavedra noted the immense personal time and stress involved, stating, “We are working we understand there’s around seven units right now that are vacant just like Mr. Thomas’s. We understand the pain of not being able to collect money from that from rent.”

• Invitation to Participate: The HOA extended an invitation to Mr. Thomas to join the board and contribute to finding solutions.

IV. Administrative Law Judge’s Decision & Rationale

The Administrative Law Judge (ALJ) denied the Petitioner’s petition on all counts, finding the evidence did not support a conclusion that the HOA had violated its duties.

• Final Order:

◦ The Petitioner’s Petition is denied.

◦ The HOA is the prevailing party.

◦ The Petitioner shall bear his own filing fees ($1,000.00).

◦ The OAH does not have the authority to award damages, such as lost rent.

• Rationale for Denying Complaint #1 (Plumbing Repair):

◦ The Petitioner failed to meet the burden of proving the HOA was not performing its duties.

◦ The evidence demonstrated that upon receiving complaints, the HOA hired a vendor and investigated the issue. The subsequent delay was a direct result of the high cost of repair and the HOA’s lack of funds.

◦ The HOA’s governing documents prevent a property manager or agent from spending more than $5,000, even in an emergency, without Board approval. Therefore, an immediate, large-scale repair was contractually and financially impossible without the owner-approved special assessment. The delay was thus a consequence of procedural and financial constraints, not a failure of duty.

• Rationale for Denying Complaint #2 (Professional Management):

◦ The ALJ found the hearing record to be “simply vague” on this issue.

◦ It could not be determined whether the HOA ever had a property manager in the past or to whom the “Management Agreement” clauses in the CC&Rs currently apply. Without a clearer record, a violation could not be established.

V. Key Participants & Testimony

Participant

Key Testimony & Contributions

Nicholas Thomas

Petitioner, Owner of Unit 141

Outlined the 7-month timeline of the plumbing failure, the resulting uninhabitability of his unit, and the financial losses incurred. Argued for professional management and acknowledged he had never voted in HOA elections or assessments.

Hector Saavedra

Respondent, Co-President of Tanglewood HOA

Explained the HOA’s financial insolvency, the procedural requirement for a majority owner vote to pass special assessments, and the history of failed votes. Detailed the successful 2025 vote and the current plan to begin repairs. Invited the Petitioner to join the board.

Carl Kesler

Petitioner’s Property Manager

Corroborated the timeline of events and communications with the HOA. Confirmed the plumbing issue was localized to the kitchen and stemmed from a mainline sewer problem. Stated he had never been to the unit in person and did not forward all HOA correspondence to the Petitioner.

Lucas Thomas

Petitioner’s Brother, Former Property Manager

Testified from his 15 years of experience that self-managed HOAs are typically ineffective. Argued that a professional firm is necessary for proper financial management and maintenance, citing a past lawsuit where he forced another HOA to hire a management company, which turned the property around.

Questions

Question

Can I get monetary damages (like lost rent) from my HOA through an administrative hearing?

Short Answer

No, the Office of Administrative Hearings (OAH) does not have the legal authority to award damages.

Detailed Answer

While the OAH can order an HOA to follow its governing documents, it cannot award financial compensation for losses such as lost rent or property damage.

Alj Quote

OAH does not have authority to award damages.

Legal Basis

ARIZ. REV. STAT. §§ 32-2199 et seq.

Topic Tags

  • damages
  • jurisdiction
  • compensation

Question

If my HOA fails to make repairs due to lack of funds, is it considered a violation?

Short Answer

Not necessarily, especially if the HOA is taking steps to secure funding through a special assessment.

Detailed Answer

In this case, the ALJ found that the HOA could not be held in violation for failing to make immediate repairs when it lacked the necessary funds and was actively seeking a special assessment vote from owners to cover the costs.

Alj Quote

Given its financial situation, HOA determined the overall plumbing issues could not be repaired absent a special assessment to cover those specific and projected expenses… Therefore, the hearing record demonstrates that more immediate action to repair either Petitioner’s plumbing issues or the overall plumbing issues could not have been taken.

Legal Basis

Governing Documents / Financial Feasibility

Topic Tags

  • repairs
  • finances
  • special assessment

Question

Who acts as the 'burden of proof' in a hearing against an HOA?

Short Answer

The homeowner (Petitioner) must prove the violation occurred.

Detailed Answer

The homeowner must prove by a 'preponderance of the evidence' that the HOA violated its community documents or relevant statutes.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent HOA violated the alleged CC&R provisions.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • burden of proof
  • legal standard
  • procedure

Question

Can I force my HOA board to hire a professional property management company?

Short Answer

Likely no, unless you can prove a specific requirement in the governing documents is being violated.

Detailed Answer

The ALJ ruled that the homeowner did not meet the burden of proof to show that the HOA was violating its duties by not hiring a property manager, noting the evidence regarding the requirement was vague.

Alj Quote

The Tribunal concludes that Petitioner has not met his burden to demonstrate by a preponderance of the evidence that HOA was not timely performing 'their duties outlined' in CC&Rs Page 2, Section A; and Management Agreement… regarding property management, the hearing record is simply vague.

Legal Basis

CC&Rs / Management Agreement

Topic Tags

  • property management
  • board duties
  • self-management

Question

Does an HOA manager have unlimited spending power for emergency repairs?

Short Answer

No, governing documents often place specific dollar limits on spending without board/association approval.

Detailed Answer

The decision cites a management agreement that limits emergency repair spending (e.g., to $5,000) without prior approval from the Association.

Alj Quote

Agent shall not incur liabilities (direct or contingent) which will at any time exceed the aggregate of $5,000.00 … without first obtaining the approval of the Association.

Legal Basis

Management Agreement Contracts

Topic Tags

  • spending limits
  • emergency repairs
  • budget

Question

If I lose my case against the HOA, do I get my filing fee back?

Short Answer

No, if the petition is denied, the petitioner is typically responsible for their own filing fees.

Detailed Answer

The ALJ ordered that the Petitioner bear his own filing fees after Tanglewood Association was determined to be the prevailing party.

Alj Quote

IT IS FURTHER ORDERED that Petitioner shall bear his filing fees.

Legal Basis

Administrative Order

Topic Tags

  • fees
  • costs
  • penalties

Case

Docket No
25F-H037-REL
Case Title
Nicholas Thomas v. Tanglewood Association
Decision Date
2025-07-13
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

Can I get monetary damages (like lost rent) from my HOA through an administrative hearing?

Short Answer

No, the Office of Administrative Hearings (OAH) does not have the legal authority to award damages.

Detailed Answer

While the OAH can order an HOA to follow its governing documents, it cannot award financial compensation for losses such as lost rent or property damage.

Alj Quote

OAH does not have authority to award damages.

Legal Basis

ARIZ. REV. STAT. §§ 32-2199 et seq.

Topic Tags

  • damages
  • jurisdiction
  • compensation

Question

If my HOA fails to make repairs due to lack of funds, is it considered a violation?

Short Answer

Not necessarily, especially if the HOA is taking steps to secure funding through a special assessment.

Detailed Answer

In this case, the ALJ found that the HOA could not be held in violation for failing to make immediate repairs when it lacked the necessary funds and was actively seeking a special assessment vote from owners to cover the costs.

Alj Quote

Given its financial situation, HOA determined the overall plumbing issues could not be repaired absent a special assessment to cover those specific and projected expenses… Therefore, the hearing record demonstrates that more immediate action to repair either Petitioner’s plumbing issues or the overall plumbing issues could not have been taken.

Legal Basis

Governing Documents / Financial Feasibility

Topic Tags

  • repairs
  • finances
  • special assessment

Question

Who acts as the 'burden of proof' in a hearing against an HOA?

Short Answer

The homeowner (Petitioner) must prove the violation occurred.

Detailed Answer

The homeowner must prove by a 'preponderance of the evidence' that the HOA violated its community documents or relevant statutes.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent HOA violated the alleged CC&R provisions.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • burden of proof
  • legal standard
  • procedure

Question

Can I force my HOA board to hire a professional property management company?

Short Answer

Likely no, unless you can prove a specific requirement in the governing documents is being violated.

Detailed Answer

The ALJ ruled that the homeowner did not meet the burden of proof to show that the HOA was violating its duties by not hiring a property manager, noting the evidence regarding the requirement was vague.

Alj Quote

The Tribunal concludes that Petitioner has not met his burden to demonstrate by a preponderance of the evidence that HOA was not timely performing 'their duties outlined' in CC&Rs Page 2, Section A; and Management Agreement… regarding property management, the hearing record is simply vague.

Legal Basis

CC&Rs / Management Agreement

Topic Tags

  • property management
  • board duties
  • self-management

Question

Does an HOA manager have unlimited spending power for emergency repairs?

Short Answer

No, governing documents often place specific dollar limits on spending without board/association approval.

Detailed Answer

The decision cites a management agreement that limits emergency repair spending (e.g., to $5,000) without prior approval from the Association.

Alj Quote

Agent shall not incur liabilities (direct or contingent) which will at any time exceed the aggregate of $5,000.00 … without first obtaining the approval of the Association.

Legal Basis

Management Agreement Contracts

Topic Tags

  • spending limits
  • emergency repairs
  • budget

Question

If I lose my case against the HOA, do I get my filing fee back?

Short Answer

No, if the petition is denied, the petitioner is typically responsible for their own filing fees.

Detailed Answer

The ALJ ordered that the Petitioner bear his own filing fees after Tanglewood Association was determined to be the prevailing party.

Alj Quote

IT IS FURTHER ORDERED that Petitioner shall bear his filing fees.

Legal Basis

Administrative Order

Topic Tags

  • fees
  • costs
  • penalties

Case

Docket No
25F-H037-REL
Case Title
Nicholas Thomas v. Tanglewood Association
Decision Date
2025-07-13
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Nicholas Thomas (Petitioner)
    Owner of Unit 141 in Building 4.
  • Carl Kesler (Witness and Property Manager)
    Current property manager for the Petitioner's unit.
  • Lucas Thomas (Witness)
    Petitioner's brother and former property manager.

Respondent Side

  • Hector Saavedra (Co-President and Representative)
    Tanglewood Association
    Represented the Tanglewood Association at the hearing.

Neutral Parties

  • Kay A. Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
    Presiding judge who authored the decision.
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
    Copied on transmittal of the hearing order and decision.

John R Krahn Living Trust/Janet Krahn Living Trust vs Tonto Forest Estates Homeowners Association

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Case Summary

Case ID 25F-H036-REL
Agency —
Tribunal —
Decision Date 2025-06-08
Administrative Law Judge KAA
Outcome —
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner John R Krahn Living Trust Counsel —
Respondent Tonto Forest Estates Homeowners Association Counsel —

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

25F-H036-REL Decision – 1294268.pdf

Uploaded 2026-04-24T12:39:38 (45.3 KB)

25F-H036-REL Decision – 1295556.pdf

Uploaded 2026-04-24T12:39:42 (40.0 KB)

25F-H036-REL Decision – 1314961.pdf

Uploaded 2026-04-24T12:39:46 (144.4 KB)

25F-H036-REL Decision – 1323845.pdf

Uploaded 2026-04-24T12:39:50 (44.0 KB)

25F-H036-REL Decision – 1323922.pdf

Uploaded 2026-04-24T12:39:54 (7.7 KB)

Briefing Document: Krahn Living Trust v. Tonto Forest Estates Homeowners Association (Case No. 25F-H036-REL)

Executive Summary

This document synthesizes the proceedings and outcome of the administrative case John R Krahn Living Trust/Janet Krahn Living Trust v. Tonto Forest Estates Homeowners Association, Case No. 25F-H036-REL, held before the Arizona Office of Administrative Hearings. The central dispute involved an allegation by the Petitioner that the Tonto Forest Estates Homeowners Association (HOA) violated Article 5.3 of its Covenants, Codes, and Restrictions (CC&Rs), which mandates that its Architectural Committee (ARC) “shall consist of three (3) regular members.”

The Petitioner, John R. Krahn, filed a single-issue petition on February 5, 2025, asserting that the ARC was operating with only two members, thereby violating the governing documents. The Petitioner argued that this violation had persisted for an extended period and that the HOA Board had ignored his own application to fill the vacancy, constituting punitive behavior that warranted civil penalties.

The Respondent, represented by Board President Dwight Jolivette, contended that the governing documents allow for flexibility and that no violation occurred while the Board was actively recruiting a third member. The HOA argued that its interpretation was practical, in the best interest of the homeowners, and consistent with the practices of previous boards.

The Administrative Law Judge (ALJ), Kay A. Abramsohn, ruled in favor of the Petitioner. The decision, issued on June 8, 2025, found that the HOA was in violation of CC&R 5.3 at the time the petition was filed. The ruling was narrowly focused on the number of ARC members and explicitly declined to address secondary arguments about the validity of member appointments, as those were outside the scope of the single-issue petition. Consequently, the HOA was ordered to reimburse the Petitioner’s $500 filing fee. The Petitioner’s request for a civil penalty was denied.

——————————————————————————–

Case Overview

Case Number

25F-H036-REL

Petitioner

John R Krahn Living Trust / Janet Krahn Living Trust (Represented by John R. Krahn)

Respondent

Tonto Forest Estates Homeowners Association (Represented by Dwight Jolivette, Board President)

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Kay A. Abramsohn

Hearing Date

May 14, 2025

Decision Date

June 8, 2025

Central Dispute: Violation of CC&R Article 5.3

The core of the dispute was the interpretation and application of CC&R Article 5.3 concerning the composition of the Architectural Committee (ARC).

Relevant Text of CC&R 5.3:

“After such time as the rights of Declarant to appoint the members of the Architectural Committee expire or are relinquished by the Declarant, the Architectural Committee shall consist of three (3) regular members, each of whom shall be appointed by the Board. In the event the Board does not appoint an Architectural Committee for any reason, the Board shall exercise the authority granted to the Architectural Committee under this Declaration…”

The Petitioner filed a single-issue petition on February 5, 2025, alleging the HOA was in violation of this article by operating the ARC with only two members.

Petitioner’s Position and Key Arguments

The Petitioner, John R. Krahn, who previously served as ARC Chairman (2019-2021) and Board Secretary (2019-2021), presented the following arguments:

• Mandatory Requirement: The term “shall” in CC&R 5.3 creates a mandatory, non-discretionary obligation for the ARC to have exactly three members.

• Prolonged Non-Compliance: The ARC operated with only two members for approximately 17 months, from at least October 2023 until March 17, 2025. Krahn further argued the period of non-compliance was potentially 42 months, claiming ARC member Mike Ackerly was never lawfully appointed by a formal Board vote in an open meeting.

• Failure to Correct: The HOA Board acknowledged the vacancy at a November 19, 2024 meeting and called for volunteers. Krahn submitted his resume the next day but his application was never discussed or voted upon. He contended this was a missed opportunity to bring the ARC into compliance.

• Punitive Behavior: The Board’s failure to consider his candidacy was described as “personal retaliation” and “punitive governance,” for which a civil penalty was warranted.

• Corrective Action as Admission: The Board’s appointment of a third member on March 17, 2025—after the complaint was filed—was presented as proof of the underlying violation.

Key Testimony (Krahn): “This is not a matter of opinion or interpretation. It’s a binary question of fact and by respondent’s own admission are operating for many months with other than three members.”

Respondent’s Position and Key Arguments

The HOA, represented by Board President Dwight Jolivette, countered with the following arguments:

• Reasonable Interpretation: No board has ever interpreted CC&R 5.3 to mean the ARC is non-viable or must be dissolved if it temporarily falls below three members.

• Active Recruitment: The Board was actively recruiting for the vacant position, as evidenced by the public call for volunteers. During this recruitment period, the two-member committee’s continued function was reasonable and in the community’s best interest.

• Board Authority: The Board has the authority under CC&R 12.5 to interpret the governing documents. Its interpretation that the committee could function with two members during a vacancy was a valid exercise of that authority.

• Appointment Process: The governing documents require members to be “appointed by the Board” but do not explicitly mandate a formal vote.

• Past Precedent: Jolivette argued that the ARC had operated with fewer than three members under prior boards, including one on which Krahn himself served.

Key Testimony (Jolivette): “Our position is that two members is not not necessarily a violation of 5.3 if and when you’re actively recruiting for another member… Nothing in the governing document states that an appointment is equivalent to a vote.”

Hearing and Procedural Timeline

Nov 19, 2024

The HOA Board acknowledges an ARC vacancy and calls for volunteers.

Nov 20, 2024

Petitioner John Krahn submits his resume for the ARC position.

Jan 22, 2025

The HOA’s Community Manager confirms in an email that the ARC has two members: Steve Gauer and Mike Ackerly.

Feb 5, 2025

The Petitioner files a single-issue petition with the Arizona Department of Real Estate.

Mar 17, 2025

The HOA Board formally appoints Alan Damon to the ARC via motion and vote, bringing its membership to three.

May 14, 2025

An evidentiary administrative hearing is held virtually before ALJ Kay Abramsohn.

June 8, 2025

The Administrative Law Judge Decision is issued.

June 29, 2025

An Order Nunc Pro Tunc is issued to correct the number of admitted petitioner exhibits in the original decision.

Administrative Law Judge’s Decision and Order

The ALJ’s decision, issued on June 8, 2025, resolved the dispute by granting the petition but denying the request for a civil penalty.

• Violation Confirmed: The ALJ concluded that the Petitioner met the burden of proof to demonstrate that as of the petition’s filing date (February 5, 2025), the HOA Board had not appointed a third member to the ARC. This constituted a violation of CC&R 5.3.

• Corrective Action Timing: The decision noted that a third member was not appointed until March 17, 2025, more than a month after the petition was filed.

• Limitation of Scope: The ALJ explicitly stated that the Petitioner’s arguments regarding the validity of Mike Ackerly’s appointment process were not addressed. The ruling was confined to the single issue presented in the original petition: whether the ARC had the required number of members. The decision stated, “Petitioner’s arguments regarding the appointment process are not addressed.”

The ALJ issued a three-part order:

1. Petition Granted: The Petitioner’s petition in case 25F-H036-REL was granted on the grounds that the HOA had not appointed a third member to the ARC to comply with CC&R 5.3 until March 17, 2025.

2. Filing Fee Reimbursed: The Respondent (HOA) was ordered to reimburse the Petitioner’s $500.00 filing fee.

3. Civil Penalty Denied: No civil penalty was awarded.

An Order Nunc Pro Tunc was later issued on June 29, 2025, to correct a clerical error in the original decision, changing the record of admitted evidence from “Petitioner’s Exhibits 1 through 22” to “Petitioner’s Exhibits 1 through 26.” This correction was retroactive to the date of the original decision.

Questions

Question

If the CC&Rs state a committee 'shall' have a specific number of members, is the HOA in violation if they operate with fewer?

Short Answer

Yes. If the governing documents mandate a specific number of members (e.g., three), failing to appoint that number is a violation.

Detailed Answer

The ALJ ruled that the HOA violated the CC&Rs because the documents required the Architectural Committee to consist of three members, but the Board had failed to appoint a third member for a period of time. The use of 'shall consist' in the CC&Rs created a mandatory requirement.

Alj Quote

IT IS ORDERED that Petitioner’s petition in 25F-H036-REL be granted because the newly elected HOA Board had yet appointed a third member to the ARC in order to comply with CC&R 5.3 until March 17, 2025.

Legal Basis

CC&R 5.3

Topic Tags

  • CC&Rs
  • Committee Requirements
  • Governance

Question

If the HOA fixes the violation after I file my complaint, do I still win the hearing?

Short Answer

Yes. Correcting the issue after the petition is filed does not erase the fact that the violation existed at the time of filing.

Detailed Answer

The homeowner filed the petition in February. The HOA appointed the missing committee member in March (before the May hearing). The ALJ still granted the petition because the HOA was not in compliance at the time the dispute arose and the petition was filed.

Alj Quote

The Tribunal concludes that that Petitioner has met his burden to demonstrate that, as of February 5, 2025, the newly elected HOA Board had not yet appointed a third member to the ARC… IT IS ORDERED that Petitioner’s petition… be granted because the newly elected HOA Board had yet appointed a third member to the ARC… until March 17, 2025.

Legal Basis

Administrative Law Standards

Topic Tags

  • Procedural
  • Compliance
  • Dispute Resolution

Question

Will the HOA have to pay me back for the filing fee if I win?

Short Answer

Yes. The ALJ typically orders the HOA to reimburse the filing fee if the homeowner prevails.

Detailed Answer

Upon granting the petition and finding the HOA in violation, the judge ordered the HOA to reimburse the homeowner's $500 filing fee as required by Arizona statute.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioner’s $500.00 filing fee as required by ARIZ. REV. STAT. § 32-2199.01.

Legal Basis

ARIZ. REV. STAT. § 32-2199.01

Topic Tags

  • Filing Fees
  • Remedies
  • Costs

Question

Does the law require a Board member to serve on the Architectural Committee?

Short Answer

Yes. Arizona statute mandates that at least one board member serve as the chairperson of the design review or architectural committee.

Detailed Answer

Regardless of what the specific community documents say, Arizona state law (A.R.S. § 33-1817) overrides them to require that a board member serve as the chairperson of the architectural committee.

Alj Quote

Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community shall include at least one member of the board of directors who shall serve as chairperson of the committee.

Legal Basis

ARIZ. REV. STAT. § 33-1817(B)(1)

Topic Tags

  • Architectural Committee
  • Board of Directors
  • Statutory Requirements

Question

Will I automatically be awarded civil penalties (fines against the HOA) if I prove a violation?

Short Answer

No. Proving a violation does not guarantee that the judge will impose a civil penalty.

Detailed Answer

Although the homeowner successfully proved the HOA violated the CC&Rs regarding committee membership, the ALJ explicitly declined to award any civil penalties.

Alj Quote

IT IS FURTHER ORDERED that no civil penalty is awarded.

Legal Basis

Administrative Discretion

Topic Tags

  • Penalties
  • Remedies
  • Civil Penalty

Question

What is the standard of proof for a homeowner in an HOA administrative hearing?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner must prove that their claim is 'more probably true than not.' It is based on the convincing force and superior weight of the evidence, not just the number of witnesses.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated CC&R 5.3… 'A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.'

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Standards
  • Evidence

Question

How long do I have to request a rehearing if I am unhappy with the decision?

Short Answer

30 days.

Detailed Answer

Any party wishing to request a rehearing must file the request with the Commissioner of the Department of Real Estate within 30 days of the service of the order.

Alj Quote

Pursuant to ARIZ. REV. STAT. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.

Legal Basis

ARIZ. REV. STAT. § 41-1092.09

Topic Tags

  • Appeals
  • Rehearing
  • Procedure

Case

Docket No
25F-H036-REL
Case Title
John R. Krahn Living Trust/Janet Krahn Living Trust v. Tonto Forest Estates Homeowners Association
Decision Date
2025-06-08
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

If the CC&Rs state a committee 'shall' have a specific number of members, is the HOA in violation if they operate with fewer?

Short Answer

Yes. If the governing documents mandate a specific number of members (e.g., three), failing to appoint that number is a violation.

Detailed Answer

The ALJ ruled that the HOA violated the CC&Rs because the documents required the Architectural Committee to consist of three members, but the Board had failed to appoint a third member for a period of time. The use of 'shall consist' in the CC&Rs created a mandatory requirement.

Alj Quote

IT IS ORDERED that Petitioner’s petition in 25F-H036-REL be granted because the newly elected HOA Board had yet appointed a third member to the ARC in order to comply with CC&R 5.3 until March 17, 2025.

Legal Basis

CC&R 5.3

Topic Tags

  • CC&Rs
  • Committee Requirements
  • Governance

Question

If the HOA fixes the violation after I file my complaint, do I still win the hearing?

Short Answer

Yes. Correcting the issue after the petition is filed does not erase the fact that the violation existed at the time of filing.

Detailed Answer

The homeowner filed the petition in February. The HOA appointed the missing committee member in March (before the May hearing). The ALJ still granted the petition because the HOA was not in compliance at the time the dispute arose and the petition was filed.

Alj Quote

The Tribunal concludes that that Petitioner has met his burden to demonstrate that, as of February 5, 2025, the newly elected HOA Board had not yet appointed a third member to the ARC… IT IS ORDERED that Petitioner’s petition… be granted because the newly elected HOA Board had yet appointed a third member to the ARC… until March 17, 2025.

Legal Basis

Administrative Law Standards

Topic Tags

  • Procedural
  • Compliance
  • Dispute Resolution

Question

Will the HOA have to pay me back for the filing fee if I win?

Short Answer

Yes. The ALJ typically orders the HOA to reimburse the filing fee if the homeowner prevails.

Detailed Answer

Upon granting the petition and finding the HOA in violation, the judge ordered the HOA to reimburse the homeowner's $500 filing fee as required by Arizona statute.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioner’s $500.00 filing fee as required by ARIZ. REV. STAT. § 32-2199.01.

Legal Basis

ARIZ. REV. STAT. § 32-2199.01

Topic Tags

  • Filing Fees
  • Remedies
  • Costs

Question

Does the law require a Board member to serve on the Architectural Committee?

Short Answer

Yes. Arizona statute mandates that at least one board member serve as the chairperson of the design review or architectural committee.

Detailed Answer

Regardless of what the specific community documents say, Arizona state law (A.R.S. § 33-1817) overrides them to require that a board member serve as the chairperson of the architectural committee.

Alj Quote

Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community shall include at least one member of the board of directors who shall serve as chairperson of the committee.

Legal Basis

ARIZ. REV. STAT. § 33-1817(B)(1)

Topic Tags

  • Architectural Committee
  • Board of Directors
  • Statutory Requirements

Question

Will I automatically be awarded civil penalties (fines against the HOA) if I prove a violation?

Short Answer

No. Proving a violation does not guarantee that the judge will impose a civil penalty.

Detailed Answer

Although the homeowner successfully proved the HOA violated the CC&Rs regarding committee membership, the ALJ explicitly declined to award any civil penalties.

Alj Quote

IT IS FURTHER ORDERED that no civil penalty is awarded.

Legal Basis

Administrative Discretion

Topic Tags

  • Penalties
  • Remedies
  • Civil Penalty

Question

What is the standard of proof for a homeowner in an HOA administrative hearing?

Short Answer

Preponderance of the evidence.

Detailed Answer

The homeowner must prove that their claim is 'more probably true than not.' It is based on the convincing force and superior weight of the evidence, not just the number of witnesses.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated CC&R 5.3… 'A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.'

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Standards
  • Evidence

Question

How long do I have to request a rehearing if I am unhappy with the decision?

Short Answer

30 days.

Detailed Answer

Any party wishing to request a rehearing must file the request with the Commissioner of the Department of Real Estate within 30 days of the service of the order.

Alj Quote

Pursuant to ARIZ. REV. STAT. § 41-1092.09, a request for rehearing in this matter must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of this Order upon the parties.

Legal Basis

ARIZ. REV. STAT. § 41-1092.09

Topic Tags

  • Appeals
  • Rehearing
  • Procedure

Case

Docket No
25F-H036-REL
Case Title
John R. Krahn Living Trust/Janet Krahn Living Trust v. Tonto Forest Estates Homeowners Association
Decision Date
2025-06-08
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • John R. Krahn (Petitioner)
    John R Krahn Living Trust/Janet Krahn Living Trust
    Appeared on behalf of petitioners
  • Janet Krahn (Petitioner)
    John R Krahn Living Trust/Janet Krahn Living Trust

Respondent Side

  • Dwight Jolivette (President of the Board / Representative)
    Tonto Forest Estates Homeowners Association
    Appeared on behalf of respondent
  • Steve Gauer (Treasurer / ARC Member)
    Tonto Forest Estates Homeowners Association
  • Mike Ackerly (ARC Member)
    Tonto Forest Estates Homeowners Association
  • Alan Damon (ARC Member)
    Tonto Forest Estates Homeowners Association
    Appointed to the ARC on March 17, 2025
  • Kenneth Riley (ARC Member)
    Tonto Forest Estates Homeowners Association
  • Barbara Bonilla (Community Manager)
    Ogden & Company

Neutral Parties

  • Kay A. Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • Joe Burns (Attendee)
    Attended the administrative hearing virtually

AZNH Revocable Trust v. Sunland Springs Village HOA: Electronic Ballots, Remand, and ALJ Reassignment

Posted on by

Arizona HOA Election Records • OAH 24F-H047-REL • Superior Court Remand

This page reorganizes the OAH case record into a readable guide. The dispute began as an Arizona planned-community election-records case over electronic ballots, then turned into a procedural fight over remand scope and a new statutory right to a peremptory change of administrative law judge.

Last updated May 16, 2026. Case family: AZNH Revocable Trust v. Sunland Springs Village Homeowners Association, OAH No. 24F-H047-REL; rehearing dockets 24F-H047-REL-RMD and 24F-H047-REL-RHG; Maricopa County Superior Court Nos. LC2025-000025-001 and CV2025-036466.

Download initial OAH decision Download limited remand order Download special action ruling Watch video overview Homeowner guide Procedure checklist Timeline Source documents Related AZNH pages FAQ

Scope note: This page covers the administrative/OAH election-records case and the later Superior Court remand and special-action proceedings. It is separate from the published Court of Appeals executive-session voting page. NotebookLM briefing and study-guide material was reviewed only as orientation; the page relies on court and agency documents for the procedural record.

The posture in one sentence

The HOA initially won the OAH electronic-ballot dispute, the Superior Court later ordered a limited evidentiary remand, and a separate special-action ruling vacated later ALJ orders after the Trust invoked a new peremptory-change statute.

Case snapshot

Original issue

Whether electronic voting records and ballot-related materials had to be retained and made available under A.R.S. § 33-1812(A)(7).

Initial OAH result

ALJ Kay A. Abramsohn denied the petition on November 5, 2024, finding the association in compliance.

Superior Court remand

Judge Joseph P. Mikitish dismissed the broader appeal but remanded for a limited evidentiary hearing on two proposed pieces of evidence.

Special action result

Judge Scott A. Blaney ordered reassignment to a different ALJ and vacated ALJ orders entered on or after September 26, 2025.

How to read this record

The source record is useful, but it is not a single-document story. The key materials are spread across OAH filings, Superior Court administrative-review filings, and a later special-action case. This guide puts the case posture, dates, issues, participants, and key documents first.

The case is not a clean single-ruling page. It is a procedural chain: initial OAH decision, ADRE rehearing denial, administrative appeal, limited remand, remand-scope dispute, peremptory ALJ-change dispute, and a later special-action judgment. The layout reflects that sequence.

What the record shows

Electronic ballot retention remains the underlying dispute

The Trust challenged whether the HOA retained and produced the actual electronic ballots or only data outputs from VoteHOANow.

The remand was narrow

The Superior Court remanded for an evidentiary hearing on specified additional evidence, not a complete restart of discovery.

The subpoena dispute flowed from that narrow remand

OAH treated additional subpoenas as outside the limited remand scope; the Superior Court later denied a motion to enforce judgment and order to show cause.

The ALJ-change issue changed the posture

In CV2025-036466, the Superior Court held the Trust was entitled to a peremptory change of ALJ under A.R.S. § 41-1092.07(A), vacated later ALJ orders, and required reassignment.

Video overview: Arizona HOA election records fight

Watch this overview for the procedural path behind 24F-H047-REL: the electronic-ballot records dispute, the limited Superior Court remand, the fight over remand scope, and the later peremptory ALJ-change ruling.

For homeowners: how to use this OAH record

This record is most useful as a procedure map. It shows how a homeowner petition can move from ADRE to OAH, then to judicial review, then back to OAH on a limited remand, and finally into a separate special-action fight when a procedural right is denied.

If you are tracking an HOA records dispute, separate the underlying records question from the procedural questions. The electronic-ballot issue, the limited-remand scope, the subpoena dispute, and the peremptory ALJ-change issue each need their own timeline and source documents.

Suggested ADRE/OAH records workflow

  1. Identify the exact record category. For election disputes, distinguish actual ballots, voter lists, tabulation data, vendor exports, board minutes, and correspondence.
  2. Preserve the agency timeline. Keep the ADRE petition, hearing notices, OAH orders, rehearing requests, and final agency action together.
  3. Track the judicial-review scope. If Superior Court remands only for specific evidence or a specific hearing, do not treat the remand as a complete restart unless the order says so.
  4. Keep procedural rights separate. A subpoena dispute, remand-scope issue, and ALJ-change request may have different deadlines and remedies.
  5. Use the source PDFs. This page links the key orders and the full uploaded document list so readers can check the sequence directly.

Procedure checklist for boards, managers, and ADRE/OAH litigants

Do this
  • Preserve election-vendor records, ballot exports, tabulation records, and retention-policy materials before a dispute starts.
  • Document what was produced, what was withheld, and why.
  • Read remand orders narrowly and calendar every deadline attached to the remand.
  • Keep written proof of any procedural request, including ALJ-change requests and subpoena applications.
Avoid this
  • Do not assume a data export is the same thing as every ballot-related record a homeowner may request.
  • Do not blur the merits dispute with remand-scope or procedural-right disputes.
  • Do not rely on oral understandings when the OAH/Superior Court record needs a written order.
  • Do not let oversized or rejected PDFs disappear from the public source record.

What this administrative record does not decide

This page does not convert the initial OAH loss into a final homeowner merits win. It explains why the case did not remain a simple OAH decision page after the Superior Court remand and the later ALJ-reassignment ruling.

It also does not replace the separate published Court of Appeals executive-session voting case. That page interprets A.R.S. § 33-1804. This page is about the election-records administrative case and related procedural litigation.

Procedural timeline

DateEventWhy it matters
February 2024Sunland Springs Village HOA election used paper and electronic voting.The later records dispute focused on what counts as retained electronic ballots and related materials.
April 2024AZNH filed the HOA dispute through ADRE.ADRE referred the matter to OAH for hearing.
November 5, 2024OAH issued the initial decision denying the petition.The ALJ found the HOA had complied with the records-retention requirements.
January 8, 2025ADRE denied rehearing.The administrative case moved into judicial review.
April 17, 2025Superior Court dismissed the broader appeal and remanded for a limited evidentiary hearing.The remand focused on specific additional evidence, not open-ended discovery.
August 15, 2025OAH denied expanded subpoena relief.The ALJ applied the limited-remand framing.
September 17, 2025Superior Court denied the motion to enforce judgment and order to show cause.The court did not grant relief against OAH/ADRE over the remand-scope dispute.
September 26, 2025Revised A.R.S. § 41-1092.07(A) became effective; the Trust sought a peremptory ALJ change.This became the central issue in the later special action.
March 25, 2026Superior Court ruled for the Trust in CV2025-036466.Orders entered on or after September 26, 2025 were vacated and the case had to be reassigned to a different ALJ.

Key source documents

These are the documents a reader should start with. The full uploaded source list is below this curated set.

Doc 1Initial OAH decision

Initial OAH decision

ALJ decision denying the original electronic-ballot records claim; final agency action unless appealed.

Download
1240168.pdf
Doc 3Limited remand order

Limited remand order

Superior Court dismissed the broader appeal but remanded for a limited evidentiary hearing on specified additional evidence.

Download
a6f03d3e-db86-4778-9926-14e8cba0a583.pdf
Doc 4OAH subpoena/remand order

OAH subpoena/remand order

OAH order addressing the subpoena request after the limited remand.

Download
1338932.pdf
Doc 5OAH order denying subpoena

OAH order denying subpoena

OAH order limiting the remand hearing and denying the expanded subpoena request.

Download
1340272.pdf
Doc 7Motion to enforce denied

Motion to enforce denied

Superior Court denied relief on the post-remand motion to enforce judgment and order to show cause.

Download
a07f5717-ca85-4f56-a906-014a511da37c.pdf
Doc 8OAH hearing vacated/dismissed order

OAH hearing vacated/dismissed order

OAH order after the peremptory-change dispute and September 26, 2025 hearing setting.

Download
1357165.pdf
Doc 11Special action ruling

Special action ruling

Judge Scott A. Blaney vacated ALJ orders issued on or after September 26, 2025 and ordered reassignment to a different ALJ.

Download
m11714084.pdf

Oversized source files restored as static downloads

Two PDFs were too large for the current WordPress media upload limit, so they are served as static downloads instead of disappearing from the public record.

Download oversized source PDFWordPress media upload rejected this file because it exceeds the current 10 MB media limit. Download Administrative Appeal Anatomy PDFWordPress media upload rejected this file because it exceeds the current 10 MB media limit. Download source-file roadmap CSVChronological source table from the uploaded project materials.

Complete uploaded document list

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Frequently asked questions

Did the OAH decision finally resolve the electronic-ballot records dispute?

No. The initial OAH decision denied the petition, but later Superior Court orders created a limited remand and a separate ALJ-reassignment issue.

Why is the March 25, 2026 special-action ruling included?

It changed the administrative posture by vacating ALJ orders issued on or after September 26, 2025 and requiring reassignment to a different ALJ.

Does this page replace the published AZNH executive-session voting page?

No. This page covers the OAH election-records case family. The separate Court of Appeals page covers executive-session voting and open-meeting agendas.

Why are oversized PDFs served as static downloads?

Two source PDFs exceeded the current WordPress media upload limit. They are linked from the static court-case downloads folder so the public record stays complete.

Participants

Petitioner side

AZNH Revocable Trust; John F. Sullivan; Susan Sullivan.

Respondent side

Sunland Springs Village Homeowners Association; counsel included Chad M. Gallacher and B. Austin Baillio.

Neutral/government actors

OAH, ADRE, ALJ Kay A. Abramsohn, Judge Joseph P. Mikitish, and Judge Scott A. Blaney.

Media note: This page includes the YouTube overview above and is otherwise presented as a source-document guide.

Lisa Marx v. Tara Condominium Association

Posted on by

Case Summary

Case ID 24F-H054-REL
Agency —
Tribunal —
Decision Date 2024-09-20
Administrative Law Judge KAA
Outcome —
Filing Fees Refunded —
Civil Penalties —

Parties & Counsel

Petitioner Lisa Marx Counsel —
Respondent Tara Condominium Association Counsel —

Alleged Violations

No violations listed

Video Overview

Audio Overview

Decision Documents

24F-H054-REL Decision – 1212274.pdf

Uploaded 2026-04-24T12:25:18 (70.4 KB)

24F-H054-REL Decision – 1212281.pdf

Uploaded 2026-04-24T12:25:23 (12.4 KB)

24F-H054-REL Decision – 1216809.pdf

Uploaded 2026-04-24T12:25:27 (50.9 KB)

24F-H054-REL Decision – 1225818.pdf

Uploaded 2026-04-24T12:25:31 (168.1 KB)

24F-H054-REL Decision – 1226250.pdf

Uploaded 2026-04-24T12:25:34 (41.9 KB)

Briefing Document: Marx v. Tara Condominium Association

Executive Summary

This document provides a comprehensive analysis of the administrative case Lisa Marx v. Tara Condominium Association (No. 24F-H054-REL), adjudicated by the Arizona Office of Administrative Hearings. The dispute centers on two primary allegations brought by homeowner and former board member Lisa Marx against the Tara Condominium Association (TARA): (1) violations of Arizona state law regarding access to association records, and (2) violations of the state’s Open Meeting Law.

The case culminated in a split decision by the Administrative Law Judge (ALJ). TARA was found to have violated A.R.S. § 33-1258 by failing to provide timely access to its financial and other records as requested by the petitioner. However, the petitioner failed to prove her second claim that TARA violated the open meeting provisions of A.R.S. § 33-1248 when board members and volunteers performed maintenance and repair projects on common areas without formal agenda items and board votes.

Consequently, the ALJ sustained the petition on the records violation and dismissed it on the open meeting violation. TARA was ordered to reimburse Ms. Marx $500, representing the filing fee for the single issue on which she prevailed. A subsequent request for rehearing filed by Ms. Marx was procedurally rejected for being submitted to the incorrect agency.

Case Background and Procedural History

Parties and Context

• Petitioner: Lisa Marx, a homeowner in the Tara Condominium Association and a former board member who served in various capacities, including Secretary, Chairperson, and Vice-Chairperson, from 2021 until her resignation in January 2024.

• Respondent: Tara Condominium Association (TARA), a 50-unit nonprofit management association, represented at the hearing by its Chairman, Mark Gottmann.

The dispute arose following a change in board leadership in early 2024, with Ms. Marx alleging the new board was operating without transparency and in violation of state statutes and the association’s governing documents.

Chronology of Key Events

Jan 2024

Lisa Marx resigns from the TARA board two weeks after being elected for a fourth term.

Feb 1, 2024

Mark Gottmann assumes the role of Chairman of the Board.

Feb–Apr 2024

Marx makes a series of five requests for association records, which are either partially or fully denied by the TARA board.

May 29, 2024

Marx files an HOA Dispute Process Petition with the Arizona Department of Real Estate, alleging two categories of violations and paying a 1,000filingfee(500 per issue).

Aug 8, 2024

TARA files an Amended Response, admitting to several of the alleged violations, offering to reimburse Marx’s $1,000 filing fee, and requesting that the hearing be vacated.

Aug 8, 2024

Marx files a reply rejecting the offer, stating that the “numerous” issues required “a ruling that is binding and definite” to “hopefully prevent further violations.”

Aug 16, 2024

The ALJ issues an order requiring Marx to narrow her petition to two specific issues, categorizing the five records-request instances as one “records” issue and requiring her to select one of the thirteen alleged open-meeting violations.

Aug 19, 2024

Marx selects “Example 13” from her petition as her second issue.

Aug 29, 2024

An administrative hearing is held before ALJ Kay A. Abramsohn.

Sep 20, 2024

The ALJ issues a final decision.

Sep 23, 2024

The ALJ issues a Minute Entry rejecting a request for rehearing filed by Marx, as it was sent to the Office of Administrative Hearings instead of the Commissioner of the Arizona Department of Real Estate.

Analysis of Disputed Issues and Testimony

The hearing focused on two central issues as narrowed by the ALJ’s order.

Issue 1: Access to Association Records (A.R.S. § 33-1258)

This issue consolidated five instances across multiple dates where Marx alleged she was improperly denied access to or provision of TARA’s records.

Petitioner’s Position (Lisa Marx):

• Marx testified that she made multiple written requests for documents including vouchers, contracts, financial reports (General Ledger, AP Distribution), architectural change forms, and violation letters.

• The board’s responses were statutorily invalid. For example, a February 22, 2024 response stated: “A member of the Association is entitled to see reasonable financial information only. A member does not have a right to see contracts entered into by the Board nor information concerning specific members. We respectfully refuse your request…” Another denial was based on her being “no longer a board member.”

• Marx argued this refusal to provide records blocks transparency, creates distrust, and prevents homeowners from ensuring the governing documents are being enforced impartially. She asserted that all requested documents, such as financial records and contracts related to common areas, are records homeowners are entitled to examine.

Respondent’s Position (Tara Condominium Association):

• Mark Gottmann testified that the board was new and that any mistakes were made out of “enthusiasm” and a desire to better the community, not malicious intent.

• He stated the board acted on advice from outside sources, including a trade association, which led them to believe they were “over-providing” documents compared to their CC&Rs, which only mandate semi-annual financial statements.

• TARA experienced delays in receiving financial reports from its management company, Colby, after it was acquired by another entity, which in turn delayed distribution to homeowners.

• Gottmann argued that some requested documents did not exist (e.g., contracts for volunteer work), while others were justifiably withheld because they contained private information about individual homeowners (e.g., violation letters, architectural change forms).

Issue 2: Open Meeting Law Violations (A.R.S. § 33-1248)

This issue centered on “Example 13” of the petition, which alleged the board undertook several projects without adhering to open meeting requirements.

Petitioner’s Position (Lisa Marx):

• Marx alleged that several projects were performed on common property without being included on a meeting agenda and without a formal vote by the board in an open meeting. These projects included:

◦ Board members spraying weeds.

◦ Board members digging up grass around trees and laying mulch.

◦ A board member refinishing wood shutters.

• She argued these actions violated A.R.S. § 33-1248 and TARA’s own CC&Rs (Section 9(E)), which states, “A majority vote of the Managers shall entitle the Board to carry out action on behalf of the owners of the units.”

• The failure to discuss these items in an open meeting denied members the right to provide input before the board took action on community property.

Respondent’s Position (Tara Condominium Association):

• Gottmann characterized the projects as ongoing operational responsibilities and good-faith efforts by volunteers to save the association money.

• The weed spraying was described as an “experiment” at no cost to TARA. The mulching was done with donated materials in response to a homeowner’s suggestion. The shutter repair was done by volunteers for a nominal cost of less than $150 for materials, which was within the monthly maintenance budget.

• He argued these were not formal actions requiring a board vote but were undertaken with an “enthusiasm and desire to make our community a better place.” TARA’s CC&Rs (Section 12, Part D) grant the board the power “to use and expend the assessments collected to maintain, care for, and preserve the common elements.”

Administrative Law Judge’s Decision and Order

The ALJ’s decision, issued on September 20, 2024, delivered a split verdict, finding for each party on one of the two core issues.

Finding on Records Violation (A.R.S. § 33-1258):

• Verdict: TARA violated the statute.

• Reasoning: The ALJ concluded that TARA failed to provide access to records it possessed within the statutorily required ten-day timeframe. While TARA had a potential defense for delays related to its management company and a valid reason to withhold records containing personal information of other members, the overall evidence demonstrated a failure to comply with the law.

• Outcome: The petitioner was deemed the prevailing party on this issue.

Finding on Open Meeting Violation (A.R.S. § 33-1248):

• Verdict: TARA did not violate the statute.

• Reasoning: The ALJ found that the petitioner failed to sustain her burden of proof. The evidence showed that TARA conducted its formal meetings in compliance with open meeting laws, providing notice and agendas. The ALJ concluded there was “no evidence in the hearing record that… those work circumstances… were required by statute or the CC&Rs to be placed on a TARA agenda for discussion and/or for ‘formal action’ by the Board.”

• Outcome: The respondent was deemed the prevailing party on this issue.

Final Order

Based on the findings, the ALJ issued the following orders:

1. Petitioner’s Petition is sustained as to the TARA violation of A.R.S. § 33-1258 (Records).

2. Petitioner’s Petition is dismissed as to the alleged violations by TARA of A.R.S. § 33-1248 (Open Meetings).

3. TARA is ordered to reimburse Petitioner in the amount of $500.00, representing the filing fee for the single successful claim.

Questions

Question

Can my HOA refuse to provide financial records because they are waiting to receive them from their third-party management company?

Short Answer

No. The HOA is responsible for providing access to records within the statutory 10-day timeframe, regardless of management company delays.

Detailed Answer

The ALJ ruled that waiting for a management company to provide monthly reports does not excuse the association from its statutory obligation to make records reasonably available within 10 business days. Even if the HOA acts in good faith while waiting for a vendor, failure to provide existing records violates the statute.

Alj Quote

TARA has a defense, although unsupported, regarding the time frame only as to the financial documents for which TARA was waiting from its management company. … Overall, as to A.R.S. § 33-1258, there is no evidence that, within the ten day time frame, TARA provided access to the TARA HOA records it did have and which were required to have been provided to Petitioner; therefore, the Administrative Law Judge concludes that TARA violated A.R.S. § 33-1258.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • records request
  • financial records
  • management company

Question

Does a group of board members or volunteers doing unpaid maintenance work require an open meeting and a formal vote?

Short Answer

Not necessarily. If the work is volunteer-based and doesn't require a specific contract or expenditure necessitating a vote under the CC&Rs or statutes, it may not trigger open meeting requirements.

Detailed Answer

The ALJ determined that volunteer work performed by board members (like weeding or painting) to save money did not constitute 'formal action' that required placement on an agenda or a formal vote in an open meeting, provided no statute or governing document specifically required it.

Alj Quote

There is no evidence in the hearing record that, prior to the volunteer work described in Example 13, that those work circumstances, or any projected volunteer work circumstances, were required by statute or the CC&Rs to be placed on a TARA agenda for discussion and/or for 'formal action' by the Board at the TARA monthly meetings.

Legal Basis

A.R.S. § 33-1248

Topic Tags

  • open meetings
  • volunteer work
  • board authority

Question

Can the HOA withhold violation letters or architectural change forms concerning other homeowners?

Short Answer

Yes, if those documents contain personal information about specific members.

Detailed Answer

The decision affirms that HOAs can refuse to provide records related to specific units, such as violation notices or contracts containing personal data, under the statutory exception for personal, health, or financial records of individual members.

Alj Quote

A.R.S. § 33-1258(B)(4) provides an exception to the requirement to provide records for 'personal, health or financial records of an individual member' … In this case, because some of the requested 'repair' contract information for repairs at certain addresses may have contained personal information of another member, TARA was likely within its statutory authority to refuse to provide that particular information.

Legal Basis

A.R.S. § 33-1258(B)(4)

Topic Tags

  • privacy
  • violation letters
  • records request

Question

Can the board deny my records request because I am no longer a board member?

Short Answer

No. The right to examine records belongs to all members of the association.

Detailed Answer

The ALJ found the HOA in violation when it declined to provide information on the grounds that the requester was 'no longer a Board member.' The statute requires records be made available to 'any member.'

Alj Quote

TARA declined to provide such, stating that Petitioner was no longer a Board member. … TARA failed to comply with A.R.S. § 33-1258 regarding provision of access to TARA HOA records.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • homeowner rights
  • records access
  • board membership

Question

If I file a petition with two issues and only win one, do I get my filing fee back?

Short Answer

You may receive a partial reimbursement. The tribunal may order the HOA to reimburse the portion of the fee related to the successful claim.

Detailed Answer

In this case, the petitioner paid 1,000fortwoissues(500 per issue). Since the petitioner prevailed on the records issue but failed on the open meeting issue, the ALJ ordered the HOA to reimburse only $500.

Alj Quote

IT IS ORDERED that TARA reimburse Petitioner in the amount of $500.00. … The Administrative Law Judge concludes TARA is the prevailing party regarding the 'Example 13' issue and Petitioner bears the filing fee on this issue.

Legal Basis

A.R.S. § 32-2199.01

Topic Tags

  • filing fees
  • dispute resolution
  • penalties

Question

Does being a 'new board' or 'learning the ropes' excuse the HOA from following state laws?

Short Answer

No. Ignorance of the law or being a new board is not a valid defense for violating statutes.

Detailed Answer

The HOA argued they were a new board acting in the best interest of the community and learning better governing practices. The ALJ acknowledged this explanation but still ruled that the failure to provide records was a violation of state statute.

Alj Quote

TARA explained that the Board was a new Board and, believing it was acting in the Board’s best interest, was in the process of learning the procedures for better governing practices. … the Administrative Law Judge concludes that TARA violated A.R.S. § 33-1258.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • board duties
  • legal compliance
  • defenses

Case

Docket No
24F-H054-REL
Case Title
Lisa Marx v. Tara Condominium Association
Decision Date
2024-09-20
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

Can my HOA refuse to provide financial records because they are waiting to receive them from their third-party management company?

Short Answer

No. The HOA is responsible for providing access to records within the statutory 10-day timeframe, regardless of management company delays.

Detailed Answer

The ALJ ruled that waiting for a management company to provide monthly reports does not excuse the association from its statutory obligation to make records reasonably available within 10 business days. Even if the HOA acts in good faith while waiting for a vendor, failure to provide existing records violates the statute.

Alj Quote

TARA has a defense, although unsupported, regarding the time frame only as to the financial documents for which TARA was waiting from its management company. … Overall, as to A.R.S. § 33-1258, there is no evidence that, within the ten day time frame, TARA provided access to the TARA HOA records it did have and which were required to have been provided to Petitioner; therefore, the Administrative Law Judge concludes that TARA violated A.R.S. § 33-1258.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • records request
  • financial records
  • management company

Question

Does a group of board members or volunteers doing unpaid maintenance work require an open meeting and a formal vote?

Short Answer

Not necessarily. If the work is volunteer-based and doesn't require a specific contract or expenditure necessitating a vote under the CC&Rs or statutes, it may not trigger open meeting requirements.

Detailed Answer

The ALJ determined that volunteer work performed by board members (like weeding or painting) to save money did not constitute 'formal action' that required placement on an agenda or a formal vote in an open meeting, provided no statute or governing document specifically required it.

Alj Quote

There is no evidence in the hearing record that, prior to the volunteer work described in Example 13, that those work circumstances, or any projected volunteer work circumstances, were required by statute or the CC&Rs to be placed on a TARA agenda for discussion and/or for 'formal action' by the Board at the TARA monthly meetings.

Legal Basis

A.R.S. § 33-1248

Topic Tags

  • open meetings
  • volunteer work
  • board authority

Question

Can the HOA withhold violation letters or architectural change forms concerning other homeowners?

Short Answer

Yes, if those documents contain personal information about specific members.

Detailed Answer

The decision affirms that HOAs can refuse to provide records related to specific units, such as violation notices or contracts containing personal data, under the statutory exception for personal, health, or financial records of individual members.

Alj Quote

A.R.S. § 33-1258(B)(4) provides an exception to the requirement to provide records for 'personal, health or financial records of an individual member' … In this case, because some of the requested 'repair' contract information for repairs at certain addresses may have contained personal information of another member, TARA was likely within its statutory authority to refuse to provide that particular information.

Legal Basis

A.R.S. § 33-1258(B)(4)

Topic Tags

  • privacy
  • violation letters
  • records request

Question

Can the board deny my records request because I am no longer a board member?

Short Answer

No. The right to examine records belongs to all members of the association.

Detailed Answer

The ALJ found the HOA in violation when it declined to provide information on the grounds that the requester was 'no longer a Board member.' The statute requires records be made available to 'any member.'

Alj Quote

TARA declined to provide such, stating that Petitioner was no longer a Board member. … TARA failed to comply with A.R.S. § 33-1258 regarding provision of access to TARA HOA records.

Legal Basis

A.R.S. § 33-1258(A)

Topic Tags

  • homeowner rights
  • records access
  • board membership

Question

If I file a petition with two issues and only win one, do I get my filing fee back?

Short Answer

You may receive a partial reimbursement. The tribunal may order the HOA to reimburse the portion of the fee related to the successful claim.

Detailed Answer

In this case, the petitioner paid 1,000fortwoissues(500 per issue). Since the petitioner prevailed on the records issue but failed on the open meeting issue, the ALJ ordered the HOA to reimburse only $500.

Alj Quote

IT IS ORDERED that TARA reimburse Petitioner in the amount of $500.00. … The Administrative Law Judge concludes TARA is the prevailing party regarding the 'Example 13' issue and Petitioner bears the filing fee on this issue.

Legal Basis

A.R.S. § 32-2199.01

Topic Tags

  • filing fees
  • dispute resolution
  • penalties

Question

Does being a 'new board' or 'learning the ropes' excuse the HOA from following state laws?

Short Answer

No. Ignorance of the law or being a new board is not a valid defense for violating statutes.

Detailed Answer

The HOA argued they were a new board acting in the best interest of the community and learning better governing practices. The ALJ acknowledged this explanation but still ruled that the failure to provide records was a violation of state statute.

Alj Quote

TARA explained that the Board was a new Board and, believing it was acting in the Board’s best interest, was in the process of learning the procedures for better governing practices. … the Administrative Law Judge concludes that TARA violated A.R.S. § 33-1258.

Legal Basis

A.R.S. § 33-1258

Topic Tags

  • board duties
  • legal compliance
  • defenses

Case

Docket No
24F-H054-REL
Case Title
Lisa Marx v. Tara Condominium Association
Decision Date
2024-09-20
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Lisa Marx (Petitioner)
    Tara Condominium Association
    Homeowner and former board member who represented herself

Respondent Side

  • Mark Gottmann (Chairman of the Board)
    Tara Condominium Association
    Represented the respondent at the hearing
  • Chandler W. Travis (Attorney)
    Travis Law Firm PLC
    Withdrew as counsel for the respondent prior to the hearing
  • Tina Marie Shepherd (Former Chairperson)
    Tara Condominium Association
    Resigned from the board on January 31, 2024
  • Dennis Anderson (Board Member)
    Tara Condominium Association
    Participated in volunteer maintenance work
  • Judy Rice (Treasurer)
    Tara Condominium Association
  • Stephanie Bushart (Board Member)
    Tara Condominium Association

Neutral Parties

  • Kay A. Abramsohn (Administrative Law Judge)
    Office of Administrative Hearings
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate

Other Participants

  • Brenda Spielder (Observer)
    Tara Condominium Association
    Association member who attended the hearing
  • Cynthia Poland (Observer)
    Tara Condominium Association
    Association member who attended the hearing
  • Renee Snow (Volunteer)
    Tara Condominium Association
    Volunteered for the landscaping committee

Deborah Masear v. Paradise Park Condominiums Phase II Homeowners

Posted on by

Case Summary

Case ID 24F-H041-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-08-14
Administrative Law Judge Kay A. Abramsohn
Outcome The Administrative Law Judge dismissed the Petitioner's claim, finding that the HOA (Park) was in compliance with its By-Laws. Frank Maiz was found to be the spouse of the unit owner (Mercedes B.B. Maiz), making him eligible to serve on the Board of Directors.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Deborah Masear Counsel —
Respondent Paradise Park Condominiums Phase II Homeowners Association Counsel Erica L. Mortenson

Alleged Violations

Park By-Laws Article III, Section 1

Outcome Summary

The Administrative Law Judge dismissed the Petitioner's claim, finding that the HOA (Park) was in compliance with its By-Laws. Frank Maiz was found to be the spouse of the unit owner (Mercedes B.B. Maiz), making him eligible to serve on the Board of Directors.

Why this result: Petitioner was mistaken regarding the current ownership of the unit at issue and failed to prove the respondent violated the Park By-Laws.

Key Issues & Findings

Board of Directors Qualification (Owner/Spouse Requirement)

Petitioner alleged that Frank Maiz was ineligible for the Board because his wife, Mercedes B.B. Maiz, was not the true owner of the unit, arguing that their daughter (also Mercedes B.B. Maiz) was the owner based on a recorded Beneficiary Deed. The Respondent proved that the wife owned the property, making Frank Maiz eligible as her spouse.

Orders: Petitioner's Petition is dismissed. Park is deemed the prevailing party. Petitioner shall bear her filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • A.R.S. § 33-1801 et seq.
  • A.R.S. § 32-2199.05
  • ARIZ. ADMIN. CODE R2-19-119
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov

Video Overview

Audio Overview

Decision Documents

24F-H041-REL Decision – 1178740.pdf

Uploaded 2026-04-24T12:23:39 (54.4 KB)

24F-H041-REL Decision – 1202883.pdf

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24F-H041-REL Decision – 1211324.pdf

Uploaded 2026-04-24T12:23:46 (120.7 KB)

24F-H041-REL Decision – 1178740.pdf

Uploaded 2026-01-23T18:07:21 (54.4 KB)

24F-H041-REL Decision – 1202883.pdf

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24F-H041-REL Decision – 1211324.pdf

Uploaded 2026-01-23T18:07:30 (120.7 KB)

This summary details the proceedings, key arguments, and final decision in the matter of *Deborah Masear v. Paradise Park Condominiums Phase II Homeowners Association* (Park), Case No. 24F-H041-REL, before the Arizona Office of Administrative Hearings (OAH). The hearing convened on July 25, 2024.

Key Facts and Main Issues

The central legal issue was whether the Respondent, Paradise Park Condominiums Phase II Homeowners Association, violated its By-Laws Article III, Section 1 by allowing Frank Maiz to run for and serve on the Board of Directors in the 2024 election.

The relevant By-Law provision stipulates that each member of the Board of Directors must be "either an owner of a Unit or the spouse of an owner".

Petitioner Deborah Masear's position was that Frank Maiz was ineligible because his spouse, Mrs. Maiz, was not the owner of Unit 245. Petitioner alleged that the true owner of the property was the daughter, identified in public records as "Mercedes B.B. Maiz". Petitioner presented documents, including a Beneficiary Deed, which Petitioner claimed showed the daughter as the property owner and the "Seller".

The Petitioner bore the burden of proving the alleged violation by a preponderance of the evidence.

Key Arguments and Evidence

The Respondent, represented by Attorney Erica L. Mortenson, countered the allegations by presenting sworn testimony from Frank Maiz and his wife, Mercedes Bofill Benaches Maiz (also known as Mercedes B.B. Maiz).

Respondent’s evidence established:

  1. Ownership and Status: Mercedes B.B. Maiz testified that she married Frank Maiz in 1975 and has owned Unit 245 since 1990. Frank Maiz confirmed he has served as a director while married to the owner of Unit 245.
  2. Mistaken Identity: Mercedes B.B. Maiz clarified that she is the owner. The Petitioner's confusion arose from the fact that Mrs. Maiz shares a similar name with her daughter, Mercedes Bofill Maiz. The Administrative Law Judge (ALJ) concluded the Petitioner was mistaken regarding the current ownership and the owner's name.
  3. Beneficiary Deed: Mrs. Maiz explained that she executed the Beneficiary Deed (Transfer on Death Deed) in April 2023, listing her two children as beneficiaries, because she was anticipating heart surgery. She confirmed she is still alive, meaning the interest conveyed by the deed has not yet vested; therefore, she remains the current owner.

Outcome and Final Decision

The Administrative Law Judge (ALJ), Kay A. Abramsohn, concluded that the Petitioner failed to meet the burden of proof necessary to demonstrate a violation.

The ALJ found:

  • The hearing record clearly documented that Mercedes B.B. Maiz owns Unit 245.
  • The record clearly documented that Frank German Maiz is married to Mercedes B.B. Maiz.

Based on these findings, Frank German Maiz satisfies the requirement of being the "spouse of the owner" of Unit 245.

The Order resulted in:

  • The Petitioner’s Petition was dismissed.
  • Park was deemed the prevailing party, and the Petitioner was ordered to bear her filing fee.

This decision confirms that Park was in compliance with its By-Laws. This order is binding unless a request for rehearing is filed with the Commissioner of the Department of Real Estate within 30 days of service.

Questions

Question

Who is responsible for proving a violation occurred in an HOA dispute hearing?

Short Answer

The petitioner (the person filing the complaint) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the person bringing the complaint must prove their case. The HOA does not automatically have to prove they are innocent; the accuser must prove the violation occurred.

Alj Quote

In these proceedings, a petitioner bears the burden of proving by a preponderance of the evidence that a respondent has violated the planned community document(s’) provisions or statutes alleged to have been violated.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • legal standards
  • burden of proof
  • procedure

Question

Can the spouse of a homeowner serve on the Board of Directors even if they are not listed on the deed?

Short Answer

Yes, if the community bylaws explicitly allow spouses of owners to serve.

Detailed Answer

If the specific HOA bylaws state that board members can be owners or the spouse of an owner, a spouse may run for and serve on the board even if they are not legally listed on the property deed.

Alj Quote

Park By-Laws Article III, Section 1 provides, in pertinent part: Each member of the Board of Directors shall be either an owner of a Unit or the spouse of an owner.

Legal Basis

Community Bylaws

Topic Tags

  • board eligibility
  • bylaws
  • elections

Question

Does a 'Beneficiary Deed' transfer ownership of a property immediately?

Short Answer

No, a Beneficiary Deed transfers title only upon the death of the owner.

Detailed Answer

The existence of a recorded Beneficiary Deed does not mean the current owner has given up their rights. The current owner remains the owner until they die, at which point the property transfers to the beneficiary.

Alj Quote

Mercedes B.B. Maiz testified that she executed the Beneficiary Deed… indicating that, upon her death, the subject property is deeded to her daughter… [and] The hearing record clearly documented that Mercedes B.B. Maiz owns Unit 245 at Park.

Legal Basis

Fact Finding / Property Law

Topic Tags

  • property ownership
  • deeds
  • evidence

Question

What is the standard of evidence required to win an administrative hearing against an HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

To win, the evidence must show that the claim is more likely true than not. It does not require removal of all doubt, just that the evidence carries more weight than the opposing side.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence

Question

Where can a homeowner file a petition regarding violations of condo statutes or documents?

Short Answer

The Arizona Department of Real Estate (ADRE).

Detailed Answer

Arizona law allows owners to petition the Department of Real Estate for a hearing if there is a dispute regarding violations of condominium documents or regulating statutes.

Alj Quote

Pursuant to A.R.S. §§ 32-2102 and 32-2199 et al., regarding a dispute between an owner and a planned community association, the owner or association may petition the department for a hearing concerning violations of condominium documents or violations of the statutes that regulate condominiums…

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • jurisdiction
  • filing a complaint

Question

If I lose my case against the HOA, who pays the filing fee?

Short Answer

The petitioner (homeowner) must pay their own filing fee if the petition is dismissed.

Detailed Answer

If the Administrative Law Judge rules in favor of the HOA and dismisses the petition, the homeowner is ordered to bear the cost of the filing fee.

Alj Quote

IT IS ORDERED Petitioner shall bear her filing fee.

Legal Basis

Administrative Order

Topic Tags

  • fees
  • penalties

Case

Docket No
24F-H041-REL
Case Title
Deborah Masear v. Paradise Park Condominiums Phase II Homeowners Association
Decision Date
2024-08-14
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

Who is responsible for proving a violation occurred in an HOA dispute hearing?

Short Answer

The petitioner (the person filing the complaint) bears the burden of proof.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the person bringing the complaint must prove their case. The HOA does not automatically have to prove they are innocent; the accuser must prove the violation occurred.

Alj Quote

In these proceedings, a petitioner bears the burden of proving by a preponderance of the evidence that a respondent has violated the planned community document(s’) provisions or statutes alleged to have been violated.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119

Topic Tags

  • legal standards
  • burden of proof
  • procedure

Question

Can the spouse of a homeowner serve on the Board of Directors even if they are not listed on the deed?

Short Answer

Yes, if the community bylaws explicitly allow spouses of owners to serve.

Detailed Answer

If the specific HOA bylaws state that board members can be owners or the spouse of an owner, a spouse may run for and serve on the board even if they are not legally listed on the property deed.

Alj Quote

Park By-Laws Article III, Section 1 provides, in pertinent part: Each member of the Board of Directors shall be either an owner of a Unit or the spouse of an owner.

Legal Basis

Community Bylaws

Topic Tags

  • board eligibility
  • bylaws
  • elections

Question

Does a 'Beneficiary Deed' transfer ownership of a property immediately?

Short Answer

No, a Beneficiary Deed transfers title only upon the death of the owner.

Detailed Answer

The existence of a recorded Beneficiary Deed does not mean the current owner has given up their rights. The current owner remains the owner until they die, at which point the property transfers to the beneficiary.

Alj Quote

Mercedes B.B. Maiz testified that she executed the Beneficiary Deed… indicating that, upon her death, the subject property is deeded to her daughter… [and] The hearing record clearly documented that Mercedes B.B. Maiz owns Unit 245 at Park.

Legal Basis

Fact Finding / Property Law

Topic Tags

  • property ownership
  • deeds
  • evidence

Question

What is the standard of evidence required to win an administrative hearing against an HOA?

Short Answer

Preponderance of the evidence.

Detailed Answer

To win, the evidence must show that the claim is more likely true than not. It does not require removal of all doubt, just that the evidence carries more weight than the opposing side.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Morris K. Udall, Arizona Law of Evidence § 5 (1960)

Topic Tags

  • legal standards
  • evidence

Question

Where can a homeowner file a petition regarding violations of condo statutes or documents?

Short Answer

The Arizona Department of Real Estate (ADRE).

Detailed Answer

Arizona law allows owners to petition the Department of Real Estate for a hearing if there is a dispute regarding violations of condominium documents or regulating statutes.

Alj Quote

Pursuant to A.R.S. §§ 32-2102 and 32-2199 et al., regarding a dispute between an owner and a planned community association, the owner or association may petition the department for a hearing concerning violations of condominium documents or violations of the statutes that regulate condominiums…

Legal Basis

A.R.S. § 32-2199

Topic Tags

  • jurisdiction
  • filing a complaint

Question

If I lose my case against the HOA, who pays the filing fee?

Short Answer

The petitioner (homeowner) must pay their own filing fee if the petition is dismissed.

Detailed Answer

If the Administrative Law Judge rules in favor of the HOA and dismisses the petition, the homeowner is ordered to bear the cost of the filing fee.

Alj Quote

IT IS ORDERED Petitioner shall bear her filing fee.

Legal Basis

Administrative Order

Topic Tags

  • fees
  • penalties

Case

Docket No
24F-H041-REL
Case Title
Deborah Masear v. Paradise Park Condominiums Phase II Homeowners Association
Decision Date
2024-08-14
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Deborah Masear (petitioner)
    Represented herself

Respondent Side

  • Erica L. Mortenson (HOA attorney)
    Goodman Law Group
    Represented Respondent at the hearing
  • Frank German Maiz (board member; witness)
    Paradise Park Condominiums Phase II Homeowners Association
    Spouse of owner; testified for Respondent
  • Mercedes Bofill Benaches Maiz (owner; witness)
    Paradise Park Condominiums Phase II Homeowners Association
    Owner of the unit at issue; testified for Respondent
  • Ashley N. Turner (attorney)
    Goodman Law Group
    Listed for transmission
  • GT (observer)
    Goodman Law Group
    Observing from Respondent's attorney's office

Neutral Parties

  • Kay A. Abramsohn (ALJ)
    OAH
    Presided over the hearing and issued the decision
  • Sondra J. Vanella (ALJ)
    OAH
    Signed the minute entry granting continuance
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission
  • mneat (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission
  • lrecchia (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission
  • gosborn (ADRE staff)
    Arizona Department of Real Estate
    Recipient of transmission

Other Participants

  • John Prieve (observer)
    Requested to observe the hearing
  • Mercedes Bofill Maiz (beneficiary; daughter)
    Daughter of owner Mercedes B.B. Maiz
  • Frank Bofill Maiz (beneficiary; son)
    Son of owner Mercedes B.B. Maiz

Michael Holland v. Tonto Forest Estates Homeowner’s Association

Posted on by

Case Summary

Case ID 23F-H039-REL
Agency ADRE
Tribunal OAH
Decision Date 2023-10-20
Administrative Law Judge Kay Abramsohn
Outcome The Administrative Law Judge granted the Petition, concluding that the HOA violated A.R.S. § 33-1804(A) because the portion of the meeting where recording was prohibited was not effectively 'closed' (as members were allowed to remain) and therefore remained 'open' and subject to members' right to record.
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael Holland Counsel —
Respondent Tonto Forest Estates Homeowner's Association Counsel John A. Buric

Alleged Violations

A.R.S. § 33-1804(A)

Outcome Summary

The Administrative Law Judge granted the Petition, concluding that the HOA violated A.R.S. § 33-1804(A) because the portion of the meeting where recording was prohibited was not effectively 'closed' (as members were allowed to remain) and therefore remained 'open' and subject to members' right to record.

Key Issues & Findings

Improperly preventing members from recording an open board meeting

The HOA Board prohibited homeowners participating in an open meeting on September 28, 2022, from recording that meeting. The HOA argued the portion was closed due to receiving legal advice/contemplated litigation, but the ALJ found the portion was not effectively 'closed' because no members were required to leave, thus the HOA lacked authority to prevent recording.

Orders: HOA found in violation; ordered to reimburse Petitioner $500.00 filing fee.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1804(A)
  • A.R.S. § 33-1804

Analytics Highlights

Topics: HOA Open Meeting Law, Recording Rights, Attorney-Client Privilege, Filing Fee Reimbursement
Additional Citations:

  • A.R.S. § 33-1804
  • A.R.S. § 33-1804(A)
  • A.R.S. § 33-1804(C)
  • A.R.S. § 32-2199.05
  • A.R.S. § 41-1092

Video Overview

Audio Overview

Decision Documents

23F-H039-REL Decision – 1040495.pdf

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23F-H039-REL Decision – 1044744.pdf

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23F-H039-REL Decision – 1059207.pdf

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23F-H039-REL Decision – 1059214.pdf

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23F-H039-REL Decision – 1087229.pdf

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23F-H039-REL Decision – 1087233.pdf

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23F-H039-REL Decision – 1095655.pdf

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23F-H039-REL Decision – 1095796.pdf

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23F-H039-REL Decision – 1101606.pdf

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23F-H039-REL Decision – 1102499.pdf

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23F-H039-REL Decision – 1104514.pdf

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23F-H039-REL Decision – 1104862.pdf

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23F-H039-REL Decision – 1040495.pdf

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23F-H039-REL Decision – 1044744.pdf

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This case, *Michael Holland v. Tonto Forest Estates Homeowner's Association* (No. 23F-H039-REL), centered on a dispute over the Petitioner's right to record a homeowners association board meeting in accordance with Arizona law. The matter was heard by the Office of Administrative Hearings (OAH), presided over by Administrative Law Judge (ALJ) Kay Abramsohn.

Key Facts and Legal Issue

The core dispute arose from a Tonto Forest Estates (TFE) board meeting held on September 28, 2022, which was noticed as an open meeting.

Petitioner Michael Holland alleged that the HOA board violated Arizona Revised Statutes (A.R.S.) § 33-1804(A) by prohibiting homeowners from recording the meeting and forcing those recording to stop. A.R.S. § 33-1804(A) grants attendees the right to audiotape or videotape portions of board meetings that are open.

The Respondent, Tonto Forest Estates Homeowner's Association (HOA), asserted that although the meeting was open, a portion was or should have been closed to recording because the association's attorney was present to provide legal advice regarding pending or contemplated litigation. The HOA argued that they merely requested members stop recording the attorney's presentation and did not use force or threats.

Hearing Proceedings and Key Arguments

The ALJ denied the HOA's initial Motion to Dismiss, determining the Petition raised a valid and justiciable legal issue regarding the alleged improper recording prohibition.

  1. Petitioner's Argument: Holland argued that the HOA violated the statute because the board failed to properly declare and execute a closed session. Since the HOA did not record the meeting itself, they had no statutory basis to preclude members from recording the open session. Furthermore, Petitioner cited A.R.S. § 33-1804(C), arguing that the board did not identify the specific statutory exception authorizing closure prior to entering the alleged closed portion.
  2. Respondent's Argument: The HOA argued the issue was moot since a member successfully recorded the meeting anyway. Counsel argued that the mere presence of the attorney discussing a legal claim satisfied the exception allowing the portion to be closed to recording, and no special process or "magic language" was required to close a portion of a meeting "on the fly".

Legal Conclusion and Outcome

The ALJ found that A.R.S. § 33-1804(A) only permits recording restrictions during a *closed* portion of a meeting.

The Administrative Law Judge concluded that the September 28, 2022 meeting cannot be considered to have been "closed". This conclusion was based on the fact that the HOA President, Kurt Meister, acknowledged that no members present, or anyone attending online, had to leave the meeting for the portion that included the attorney's advice.

Because no portion of the meeting was effectively closed, the HOA had no authority under A.R.S. § 33-1804(A) to prevent members from recording the meeting.

The ALJ issued a decision concluding that the Petitioner had met the burden of proof, establishing that the HOA was in violation of A.R.S. § 33-1804(A).

Final Decision:

The Petition was granted, and Petitioner Michael Holland was deemed the prevailing party. The HOA was ordered to reimburse Petitioner his $500.00 filing fee. The decision noted that a written determination would be issued and sent to the Director's Office at Real Estate for finalization.

Questions

Question

Can I record an open HOA board meeting?

Short Answer

Yes, homeowners have the statutory right to audio or video tape open portions of board and member meetings.

Detailed Answer

Under Arizona law, persons attending HOA meetings are permitted to audiotape or videotape any portion of the meeting that is open. The HOA cannot prohibit this for open sessions.

Alj Quote

A.R.S. § 33-1804(A) allows a person to record 'those portions of the meetings of the board of directors and meetings of the members that are open.'

Legal Basis

A.R.S. § 33-1804(A)

Topic Tags

  • recording meetings
  • homeowner rights
  • open meetings

Question

Can the HOA board stop me from recording if an attorney is giving legal advice?

Short Answer

Not if the meeting remains open to members. To stop recording, the board must physically close the meeting (exclude members).

Detailed Answer

Even if the board intends to receive legal advice (a valid reason to close a meeting), they cannot simply ask members to stop recording while allowing them to remain in the room. If members are allowed to stay, the meeting is not 'closed,' and the right to record remains.

Alj Quote

Because no portion of the September 28, 2022 meeting was 'closed,' the HOA had no authority under A.R.S. § 33-1804(A) to prevent the HOA members from recording the meeting.

Legal Basis

A.R.S. § 33-1804(A)

Topic Tags

  • recording meetings
  • legal advice
  • closed sessions

Question

What actually constitutes a 'closed' meeting or executive session?

Short Answer

A meeting is considered closed only if members are required to leave or are excluded from attending.

Detailed Answer

Merely stating that a portion of the meeting is for legal advice or asking members to stop recording is not enough to close a meeting. If members are present and not asked to leave, the meeting is effectively open.

Alj Quote

However, nothing in the record demonstrates that this specific portion of the meeting was effectively 'closed.' In fact, Mr. Meister confirmed that none of the members present, or anyone online, had to leave the meeting or had to leave the meeting for the portion that included the attorney’s advice.

Legal Basis

A.R.S. § 33-1804(A)

Topic Tags

  • closed sessions
  • definitions
  • procedural requirements

Question

Who has the burden of proof in an HOA dispute hearing?

Short Answer

The petitioner (the homeowner filing the complaint) bears the burden of proof.

Detailed Answer

The homeowner must prove by a preponderance of the evidence that the HOA violated the community documents or statutes. This means showing the contention is more probably true than not.

Alj Quote

In these proceedings, a petitioner bears the burden of proving by a preponderance of the evidence that a respondent has violated the planned community document(s’) provisions or statutes alleged to have been violated.

Legal Basis

Ariz. Admin. Code R2-19-119

Topic Tags

  • legal standards
  • burden of proof
  • hearing procedures

Question

Can I recover my $500 filing fee if I win the hearing?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse the filing fee.

Detailed Answer

If the petitioner prevails in the hearing, the judge has the authority to order the respondent (HOA) to reimburse the statutory filing fee paid to the Department of Real Estate.

Alj Quote

IT IS FURTHER ORDERED Respondent shall reimburse Petitioner his $500.00 filing fee.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • fees
  • penalties

Question

What authority does the Office of Administrative Hearings have in HOA disputes?

Short Answer

OAH can decide petitions, order compliance with statutes/documents, interpret contracts, and levy civil penalties.

Detailed Answer

The tribunal has broad authority to resolve disputes regarding violations of condominium documents or statutes, including interpreting contracts between the parties and imposing penalties for proven violations.

Alj Quote

OAH has the authority to consider and decide the contested petitions, the authority to order any party to abide by the statute, community documents and contract provisions at issue, the authority to interpret the contract between the parties, and the authority to levy a civil penalty on the basis of each proven violation.

Legal Basis

A.R.S. §§ 32-2199 et seq.

Topic Tags

  • jurisdiction
  • OAH authority
  • civil penalties

Case

Docket No
23F-H039-REL
Case Title
Michael Holland v. Tonto Forest Estates Homeowner's Association
Decision Date
2023-10-20
Alj Name
Kay Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

Can I record an open HOA board meeting?

Short Answer

Yes, homeowners have the statutory right to audio or video tape open portions of board and member meetings.

Detailed Answer

Under Arizona law, persons attending HOA meetings are permitted to audiotape or videotape any portion of the meeting that is open. The HOA cannot prohibit this for open sessions.

Alj Quote

A.R.S. § 33-1804(A) allows a person to record 'those portions of the meetings of the board of directors and meetings of the members that are open.'

Legal Basis

A.R.S. § 33-1804(A)

Topic Tags

  • recording meetings
  • homeowner rights
  • open meetings

Question

Can the HOA board stop me from recording if an attorney is giving legal advice?

Short Answer

Not if the meeting remains open to members. To stop recording, the board must physically close the meeting (exclude members).

Detailed Answer

Even if the board intends to receive legal advice (a valid reason to close a meeting), they cannot simply ask members to stop recording while allowing them to remain in the room. If members are allowed to stay, the meeting is not 'closed,' and the right to record remains.

Alj Quote

Because no portion of the September 28, 2022 meeting was 'closed,' the HOA had no authority under A.R.S. § 33-1804(A) to prevent the HOA members from recording the meeting.

Legal Basis

A.R.S. § 33-1804(A)

Topic Tags

  • recording meetings
  • legal advice
  • closed sessions

Question

What actually constitutes a 'closed' meeting or executive session?

Short Answer

A meeting is considered closed only if members are required to leave or are excluded from attending.

Detailed Answer

Merely stating that a portion of the meeting is for legal advice or asking members to stop recording is not enough to close a meeting. If members are present and not asked to leave, the meeting is effectively open.

Alj Quote

However, nothing in the record demonstrates that this specific portion of the meeting was effectively 'closed.' In fact, Mr. Meister confirmed that none of the members present, or anyone online, had to leave the meeting or had to leave the meeting for the portion that included the attorney’s advice.

Legal Basis

A.R.S. § 33-1804(A)

Topic Tags

  • closed sessions
  • definitions
  • procedural requirements

Question

Who has the burden of proof in an HOA dispute hearing?

Short Answer

The petitioner (the homeowner filing the complaint) bears the burden of proof.

Detailed Answer

The homeowner must prove by a preponderance of the evidence that the HOA violated the community documents or statutes. This means showing the contention is more probably true than not.

Alj Quote

In these proceedings, a petitioner bears the burden of proving by a preponderance of the evidence that a respondent has violated the planned community document(s’) provisions or statutes alleged to have been violated.

Legal Basis

Ariz. Admin. Code R2-19-119

Topic Tags

  • legal standards
  • burden of proof
  • hearing procedures

Question

Can I recover my $500 filing fee if I win the hearing?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse the filing fee.

Detailed Answer

If the petitioner prevails in the hearing, the judge has the authority to order the respondent (HOA) to reimburse the statutory filing fee paid to the Department of Real Estate.

Alj Quote

IT IS FURTHER ORDERED Respondent shall reimburse Petitioner his $500.00 filing fee.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • remedies
  • fees
  • penalties

Question

What authority does the Office of Administrative Hearings have in HOA disputes?

Short Answer

OAH can decide petitions, order compliance with statutes/documents, interpret contracts, and levy civil penalties.

Detailed Answer

The tribunal has broad authority to resolve disputes regarding violations of condominium documents or statutes, including interpreting contracts between the parties and imposing penalties for proven violations.

Alj Quote

OAH has the authority to consider and decide the contested petitions, the authority to order any party to abide by the statute, community documents and contract provisions at issue, the authority to interpret the contract between the parties, and the authority to levy a civil penalty on the basis of each proven violation.

Legal Basis

A.R.S. §§ 32-2199 et seq.

Topic Tags

  • jurisdiction
  • OAH authority
  • civil penalties

Case

Docket No
23F-H039-REL
Case Title
Michael Holland v. Tonto Forest Estates Homeowner's Association
Decision Date
2023-10-20
Alj Name
Kay Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Michael Holland (petitioner)
    Represented himself
  • Jill Burns (witness)
    Recorded the meeting at issue; former officer of the Board
  • Linda L. Holland (party affiliate)
    Co-owner of the property; Michael Holland's mother

Respondent Side

  • Tonto Forest Estates Homeowner's Association (respondent)
  • John A. Buric (HOA attorney)
    Warner Angle Hallam Jackson & Formanek PLC
    Represented Respondent HOA
  • Kurt Meister (board member)
    Tonto Forest Estates Homeowner's Association
    President of the Board of Directors; Testified as witness for Respondent
  • Clint Goodman (HOA attorney)
    Goodman Law
    Attorney who provided legal advice at the September 28, 2022 meeting
  • Steve Dower (board member)
    Tonto Forest Estates Homeowner's Association
    Mentioned in testimony by Petitioner
  • Melissa Jordan (property manager)
    Ogden
    Monitored the phone line during the meeting
  • Carrie Chu (board member)
    Tonto Forest Estates Homeowner's Association
    Spoke during meeting minutes discussion

Neutral Parties

  • Kay Abramsohn (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge for hearing and final decision
  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge on earlier orders
  • Susan Nicolson (ADRE Commissioner)
    Arizona Department of Real Estate
    Recipient of official transmissions
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmissions
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmissions
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmissions
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official transmissions

Other Participants

  • Mary Gura (community member)
    Attendee of the virtual hearing
  • John Cron (community member)
    Attendee of the virtual hearing; identified in relation to litigation/claim discussed by attorney Goodman
  • Janet Cron (witness)
    Listed on Petitioner's witness list; John Cron's wife
  • Chris Chopat (community member)
    Attendee of the meeting; asked for statute citation regarding recording