**Case Summary: Scheinholtz v. Corte Bella Country Club Association (No. 13F-H1313001-BFS)**

**Proceedings and Parties**
The hearing was conducted on June 3, 2013, before Administrative Law Judge M. Douglas at the Office of Administrative Hearings in Phoenix, Arizona. The Petitioner, Martin F. Scheinholtz, is a homeowner and member of the Corte Bella Country Club Association. The Respondent is the Corte Bella Country Club Association, a homeowners' association.

**Key Facts and Arguments**
The Petitioner filed a complaint alleging the Respondent violated A.R.S. § 33-1804 (Open Meeting Law) regarding actions taken during a Board of Directors meeting on December 11, 2012.

* **Petitioner’s Arguments:** The Petitioner alleged that the Board improperly appointed a new director, William Blake, to fill a vacancy during the meeting without listing the item on the agenda. He argued this was a "huge" issue and that the omission prevented members from deciding whether to attend and participate. He further alleged that a quorum of four Board members must have met secretly prior to the open meeting to predetermine the vote.
* **Respondent’s Arguments:** Witnesses for the Respondent testified that the motion to appoint Mr. Blake was raised as "new business" during the open meeting, which is a common practice. While three Board members admitted to discussing the potential motion beforehand, they testified that a quorum (four members) was not involved in any prior discussion or agreement. The Respondent cited Article III, Section 3.6 of the Bylaws, which authorizes the Board to fill vacancies by appointment. Additionally, testimony confirmed that homeowners present at the meeting were allowed to speak on the issue before the Board voted.

**Legal Analysis and Findings**
The Administrative Law Judge (ALJ) evaluated the evidence based on a preponderance of the evidence standard.
* **Secret Meetings:** The Tribunal found no credible evidence that a quorum of the Board met or conducted business regarding the appointment prior to the December 11, 2012, meeting. Evidence showed only three members were aware the matter would "probably" be raised, which does not constitute a quorum violation.
* **Procedural Compliance:** The ALJ determined that the Bylaws explicitly grant the Board the right to declare a vacancy and appoint a successor. The Tribunal noted that the motion passed by a 4-2 vote and that the Board complied with open meeting requirements by allowing member discussion prior to the vote.

**Outcome and Final Decision**
The ALJ concluded that the Petitioner failed to meet the burden of proof to establish a violation of A.R.S. § 33-1804 or the Association's Bylaws.
* **Ruling:** Corte Bella Country Club Association was deemed the prevailing party, and the petition was dismissed.
* **Certification:** The Department of Fire, Building and Life Safety took no action to reject or modify the decision within the statutory timeframe; therefore, the ALJ's decision was certified as the final administrative decision on July 29, 2013.