John B. Clark Jr. v. Foothills Community Association

Posted on February 4, 2020 by [email protected]

Case Summary

Case ID	20F-H2019007-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2020-02-04
Administrative Law Judge	Velva Moses-Thompson
Outcome	The Administrative Law Judge dismissed the petition, ruling that the Petitioner failed to prove the HOA violated its Articles of Incorporation or Bylaws when removing him from the Design Review Committee. The judge found the HOA replaced the Petitioner to ensure quorum could be met, not for pretextual or political reasons.
Filing Fees Refunded	$500.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	John B. Clark Jr.	Counsel	Mitchell Vasin
Respondent	Foothills Community Association	Counsel	B. Austin Baillio

Alleged Violations

Articles of Incorporation 1, 5, 6, 11, 12, 15; Bylaws Art II 2.3, Art III 3.5, Art IV 4.8(c)

Outcome Summary

The Administrative Law Judge dismissed the petition, ruling that the Petitioner failed to prove the HOA violated its Articles of Incorporation or Bylaws when removing him from the Design Review Committee. The judge found the HOA replaced the Petitioner to ensure quorum could be met, not for pretextual or political reasons.

Why this result: The HOA provided evidence that the removal was based on the need to ensure quorum for meetings, given Petitioner's frequent absences. Petitioner did not meet the burden of proof to show bad faith or specific bylaw violations.

Key Issues & Findings

Removal from Design Review Committee

Petitioner alleged the HOA removed him from the Design Review Committee (DRC) for pretextual reasons and in bad faith, violating various Articles and Bylaws.

Orders: Petition dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: petitioner_lose

Video Overview

Audio Overview

Decision Documents

20F-H2019007-REL Decision – 767866.pdf

Uploaded 2026-04-24T11:22:49 (103.9 KB)

20F-H2019007-REL Decision – 767866.pdf

Uploaded 2026-01-27T21:17:29 (103.9 KB)

Administrative Law Judge Decision: Clark v. Foothills Community Association (No. 20F-H2019007-REL)

Executive Summary

In February 2020, Administrative Law Judge (ALJ) Velva Moses-Thompson issued a decision in the matter of John B. Clark Jr. v. Foothills Community Association. The case centered on a petition filed by Mr. Clark, a long-term member of the Association’s Design Review Committee (DRC), who was removed from his position in July 2019.

The Petitioner alleged that his removal was based on "pretextual" reasons and "bad faith," asserting violations of the Association's Articles of Incorporation and Bylaws. The Respondent, Foothills Community Association, maintained that the removal was necessitated by the Petitioner's chronic absenteeism and the DRC's requirement to meet a quorum to conduct business.

The ALJ ruled in favor of the Association, dismissing the petition. The decision concluded that the Petitioner failed to meet the burden of proof required to establish any violations of governing documents or statutes. The ruling affirmed that the Association's need for operational efficiency and quorum maintenance constituted a valid, non-pretextual reason for removing a committee member.

Analysis of Key Themes

1. Operational Necessity and Quorum Requirements

The central justification for the Petitioner's removal was the Association's inability to ensure a quorum for DRC meetings. The DRC meetings were held on the second Wednesday of every month. Evidence presented by the Respondent indicated that the Petitioner’s attendance had been significantly inconsistent:

Long-term attendance: Since April 2015, the Petitioner attended 19 out of 54 meetings.
Recent attendance: In the 18 meetings prior to his removal, the Petitioner attended only four.

The Association argued that while alternates could be called when a quorum was not met, those alternates were often unavailable. Consequently, the Board determined that replacing the Petitioner with a more consistently available member was necessary for the Committee to conduct business efficiently.

2. Allegations of Pretext and "Politics"

The Petitioner contended that his removal "wreaked of politics" and was done in bad faith. He argued that:

His professional commitments as an Air Force Reservist, realtor, and American Airlines pilot were known to the Board since 2011.
A change in meeting time from 3:00 PM to 2:00 PM made attendance more difficult.
No one had previously expressed concerns regarding his absences.

Despite these assertions, the ALJ found that the Petitioner provided no substantive evidence to prove that the Association’s stated reason—the need for a quorum—was a pretext for a different, underlying motive.

3. Procedural Compliance and Governance

The Association demonstrated adherence to procedural requirements regarding the removal and appointment of committee members:

Notice and Agendas: Meeting notices and agendas for the May and June 2019 Board meetings (where DRC appointments were discussed) were uploaded to the Association's website.
Public Deliberation: The minutes of the May 22, 2019, meeting noted that new members would be appointed. The June 26, 2019, minutes recorded the unanimous approval of two new DRC members and two alternates.
Documentation: The Respondent’s Bylaws (Article IV, Section 4.8(c)) require the secretary to keep minutes of all proceedings, a duty the ALJ found the Association had fulfilled.

4. Legal Standards and Jurisdiction

The case highlighted several critical legal boundaries:

Burden of Proof: The Petitioner bore the burden of proof to establish violations by a "preponderance of the evidence"—meaning the contention is more probably true than not. The ALJ found the Petitioner failed this standard for all alleged violations.
Jurisdictional Limits: The ALJ noted that the Office of Administrative Hearings (OAH) lacks jurisdiction to determine violations of A.R.S. § 10-3830.
Attorney's Fees: The Respondent’s request for attorney’s fees was denied. The ALJ ruled that the Department of Real Estate and OAH are not empowered by statute to award attorney's fees in these specific administrative proceedings, as they do not constitute a "court action."

Important Quotes and Context

Regarding the Removal Notice

"With the need for the Committee to meet quorum on a monthly basis to conduct business in an efficient manner for the homeowners, and recognizing your commitments and schedule often necessitate your absence, the Board has selected a new member for the Committee."

— Foothills Board of Directors, Letter to John B. Clark Jr. (July 10, 2019)

Context: This was the formal notification sent to the Petitioner. It framed the removal as a matter of organizational efficiency rather than personal performance or misconduct.

Regarding Attendance Records

"The truth of the matter is, since April of 2015 you have attended only 19 of the 54 DRC meetings and only 4 of the last 18."

— Michael Owen (Board Member), Email to Petitioner (July 16, 2019)

Context: This email provided the factual basis for the Board's decision, countering the Petitioner's claim that his removal was politically motivated.

Regarding the ALJ's Legal Conclusion

"Petitioner failed to establish by a preponderance of the evidence that Respondent removed him from the DRC for a pretextual reason. The preponderance of the evidence shows that Respondent removed Petitioner and replaced him with a new member due to its desire to meet quorum on a monthly basis."

— Velva Moses-Thompson, Administrative Law Judge

Context: This is the core legal finding that led to the dismissal of the petition, affirming the Association's right to manage committee membership based on attendance.

Actionable Insights

For Homeowners' Associations (HOAs)

Maintain Rigorous Attendance Records: The Association’s ability to provide specific attendance statistics (19 of 54 meetings) was crucial in defending against claims of "pretext."
Utilize Public Agendas and Minutes: Transparency in documenting when committee changes will be discussed and decided protects the Board from allegations of "bad faith" or "secret" dealings.
Link Removals to Operational Needs: When removing a volunteer or committee member, framing the decision around "the need to meet quorum" and "conduct business in an efficient manner" provides a defensible, objective rationale.

For Committee Members and Volunteers

Communication of Absences is Not Immunity: While the Petitioner asserted he always notified the DRC of his absences, the ruling suggests that even "excused" or explained absences can lead to removal if they hinder the committee's ability to reach a quorum.
Monitor Association Digital Platforms: The Petitioner claimed he was unaware of the pending changes, but the ALJ noted that notices and agendas were available on the Association website and sent via standard channels.

Procedural Note on Litigation

Attorney's Fee Limitations: Parties entering administrative hearings through the Arizona Department of Real Estate should be aware that, unlike standard civil litigation, the prevailing party is generally not entitled to recover attorney's fees because the hearing is an administrative claim rather than a court "action."

Comprehensive Study Guide: Clark v. Foothills Community Association (Case No. 20F-H2019007-REL)

This study guide provides a comprehensive overview of the administrative hearing between John B. Clark Jr. (Petitioner) and Foothills Community Association (Respondent). It explores the legal issues, findings of fact, and the ultimate decision rendered by the Administrative Law Judge (ALJ) regarding a dispute over removal from a homeowners’ association committee.

I. Key Concepts

Administrative Jurisdiction and Authority

The Arizona Department of Real Estate is authorized by statute to receive and decide petitions regarding homeowners’ associations (HOAs). While the Department has jurisdiction over certain Title 33 violations, an Administrative Law Judge (ALJ) does not have jurisdiction over all laws; for instance, the ALJ in this case noted a lack of jurisdiction to determine violations of A.R.S. § 10-3830.

Burden of Proof: Preponderance of the Evidence

In administrative hearings of this nature, the Petitioner bears the burden of proof. They must establish that the Respondent violated the governing documents (Articles of Incorporation or Bylaws) by a "preponderance of the evidence." This standard means the contention must be shown to be more probably true than not, possessing superior evidentiary weight that inclines a fair mind to one side.

The Role of the Design Review Committee (DRC)

The DRC is a specialized committee within the HOA. Maintaining a quorum—the minimum number of members required to be present—is essential for the committee to conduct business efficiently for the homeowners.

Procedural Transparency

HOA operations are governed by transparency requirements. This includes:

Notice and Agendas: Meeting notices and agendas must be uploaded to the association’s website.
Open Sessions: Significant actions, such as the appointment or removal of committee members, should be recorded in the minutes of Board of Director’s Open Session Meetings.
Record Keeping: Bylaws typically require the secretary to keep minutes of all proceedings of the Board and the Members.

Attorney’s Fees in Administrative Hearings

In Arizona administrative proceedings involving a member’s petition against an HOA filed with the Department of Real Estate, the Department and the Office of Administrative Hearings (OAH) are not empowered to award attorney’s fees. This is because such hearings are not considered "actions" under the statutes that typically authorize such awards.

II. Short-Answer Practice Questions

1. Who were the primary parties involved in Case No. 20F-H2019007-REL?

Answer: John B. Clark Jr. (Petitioner) and Foothills Community Association (Respondent).

2. How long did the Petitioner serve on the Design Review Committee (DRC) before his removal?

Answer: From 2011 to 2019.

3. What specific reason did the Board of Directors provide in their July 10, 2019, letter for selecting a new DRC member?

Answer: The need for the Committee to meet quorum on a monthly basis and the recognition that the Petitioner's schedule necessitated frequent absences.

4. According to the testimony of Michael Owen, what was the Petitioner’s attendance record for DRC meetings since April 2015?

Answer: He attended only 19 of 54 DRC meetings, and only 4 of the most recent 18.

5. Which specific Articles of Incorporation did the Petitioner allege were violated?

Answer: Articles 1, 5, 6, 11, 12, and 15.

6. What was the Petitioner's professional background, and why did it impact his attendance?

Answer: He was an Air Force Reservist, a realtor, and a pilot for American Airlines. His "on call" schedule as a pilot made it difficult to attend meetings, especially after the meeting time was moved from 3:00 PM to 2:00 PM.

7. On what dates were the Open Session Meetings held where the DRC membership was discussed and finalized?

Answer: May 22, 2019, and June 26, 2019.

8. What was the ALJ’s final ruling regarding the Petitioner’s claim of "pretextual" removal?

Answer: The ALJ concluded the Petitioner failed to prove the removal was pretextual, finding instead that the Respondent removed him due to the desire to meet quorum monthly.

9. Why was the Respondent’s request for attorney’s fees denied?

Answer: The legislature has not authorized the Department or OAH to award attorney’s fees in these specific administrative proceedings.

III. Essay Prompts for Deeper Exploration

1. Analyzing the Preponderance of Evidence Explain the concept of "preponderance of the evidence" as defined in the document. How did this standard influence the ALJ's decision to dismiss the petition despite the Petitioner’s claims of political motivations?

2. Organizational Efficiency vs. Member Commitment The Board acknowledged the Petitioner’s years of service but ultimately replaced him to ensure a quorum. Discuss the balance between an HOA’s duty to its members to "conduct business in an efficient manner" and its relationship with long-serving volunteers who have professional scheduling conflicts.

3. Procedural Due Process in HOAs The Petitioner claimed he was removed in "bad faith" and for "pretextual" reasons. Evaluate the role of the Association’s website, meeting minutes, and agendas in providing a defense against these claims. How does documented transparency (as shown by Ms. Wontor's testimony) serve as a legal safeguard for homeowners’ associations?

IV. Glossary of Important Terms

Term	Definition
Administrative Law Judge (ALJ)	A judge who conducts hearings and makes decisions in disputes involving administrative agencies.
Bylaws	The internal rules and regulations that govern the day-to-day operations of an organization, such as an HOA.
Design Review Committee (DRC)	A committee within an HOA responsible for reviewing and approving changes to properties to ensure they meet community standards.
Homeowners’ Association (HOA)	An organization in a planned community that makes and enforces rules for the properties and its residents.
Jurisdiction	The official power to make legal decisions and judgments over a specific matter or geographic area.
Preorderance of the Evidence	The evidentiary standard in civil cases where a claim is proved if it is shown to be more likely true than not.
Pretextual	A reason given in justification of a course of action that is not the real reason; a false excuse.
Quorum	The minimum number of members of an assembly 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 Foothills Community Association.
Statute	A written law passed by a legislative body.

Attendance and Authority: Lessons from a Design Review Committee Removal Dispute

1. Introduction: A Conflict in the Foothills

In the administrative case of John B. Clark Jr. vs. Foothills Community Association, we see a classic governance conflict: the tension between a volunteer’s personal professional excellence and the operational needs of a homeowners’ association (HOA). Mr. Clark, a long-serving volunteer on the Design Review Committee (DRC) from 2011 to 2019, challenged his removal after the Board of Directors replaced him to ensure consistent meeting quorums. The resulting legal battle, adjudicated by the Arizona Office of Administrative Hearings (OAH), serves as a masterclass in how boards must navigate "bad faith" allegations and "pretextual" removal claims. This post analyzes the Administrative Law Judge's (ALJ) decision and provides actionable insights for boards facing similar volunteer disputes.

2. The Petitioner’s Case: Claims of Political Pretext

The Petitioner, Mr. Clark, was a highly accomplished community member—an Air Force Reservist, realtor, and pilot for American Airlines. His defense fell into a common "governance trap": the belief that professional stature and a history of service create a permanent right to a committee seat, regardless of current availability. Clark argued that the Board had been aware of his demanding "on call" schedule since 2011 and that he consistently communicated his availability.

When the Board removed him in 2019, Clark alleged the decision "reeked of politics" and was executed in bad faith. He claimed his removal violated several of the Association’s governing documents, specifically:

Articles of Incorporation: Articles 1, 5, 6, 11, 12, and 15.
Bylaws: Article II, Section 2.3; Article III, Section 3.5; and Article IV, Section 4.8(c).

Clark’s frustration stemmed from a lack of prior warnings regarding his absences, particularly after a meeting time change from 3:00 p.m. to 2:00 p.m. made his attendance more difficult. However, as the ruling would show, a volunteer's personal schedule does not override the Association’s duty to maintain a functioning committee.

3. The Association’s Defense: The Reality of Meeting Quorum

The Foothills Community Association (the Respondent) framed the removal not as a personal or political attack, but as an operational necessity. In a formal letter dated July 10, 2019, the Board thanked Mr. Clark for his years of service while explicitly stating that the DRC required a monthly quorum to conduct business efficiently for all homeowners.

To prove this wasn't "pretextual," the Association relied on hard data provided by Board member Michael Owen.

The Attendance Record The Association’s records revealed a significant lack of participation. Since April 2015, the Petitioner attended only 19 out of 54 DRC meetings. More critically, he attended only 4 of the last 18 meetings prior to his removal.

The Association further demonstrated a transparent process. Community Manager Patricia Wontor testified that meeting notices and agendas were posted on the association's website. Crucially, the Board proved that the decision was not made in the dark: the open session minutes from May 22, 2019, and June 26, 2019, documented the discussion and unanimous approval of the new DRC appointments.

4. The ALJ Decision: Burden of Proof and Findings of Fact

In these proceedings, the Petitioner bears the burden of proof under the "Preponderance of the Evidence" standard. This requires proving that a contention is "more probably true than not," or that the evidence has "the most convincing force."

The ALJ found that Clark failed to meet this burden. While Clark felt the removal was political, the Association’s documented evidence of poor attendance provided a legitimate, non-pretextual reason for the Board’s action.

A vital legal takeaway for boards is the "Jurisdiction Gap" identified in this case. The Petitioner attempted to argue that the Association violated A.R.S. § 10-3830. However, the ALJ ruled that the OAH lacked jurisdiction over this statute. This is because the Department of Real Estate and OAH are limited to hearing disputes regarding Title 33 (the HOA and Planned Communities statutes). A.R.S. § 10-3830 falls under Title 10 (the Nonprofit Corporation Act). Homeowners often attempt to use corporate law in these hearings, but a Governance Specialist knows that administrative judges are strictly confined to the "single-issue" jurisdiction of Title 33.

5. Why Attorney's Fees Were Denied

A significant risk for associations in OAH disputes is the "American jurisprudence" principle regarding legal costs. Even though the Foothills Community Association prevailed, their request for attorney’s fees was denied.

In Arizona, A.R.S. § 12-341.01(A) allows a winning party to recover fees in "actions" arising out of a contract. However, the ALJ clarified that an administrative hearing before the Department of Real Estate is not an "action" in the legal sense. Because the legislature has not specifically granted the OAH the power to award fees in these administrative member petitions, each party must bear their own costs. Boards should always weigh this financial reality—that they may win the case but still lose the legal fees—when deciding whether to litigate or settle.

6. Key Takeaways for Homeowners and Boards

This case provides a roadmap for defensible committee management:

Attendance is Essential: Participation logs are the ultimate defense. Boards have a fiduciary duty to ensure committees can meet quorum; if a member cannot participate, removal is a legitimate and defensible operational choice.
Minutes are the "Smoking Gun": The Association’s victory was secured by the May 22 and June 26, 2019 minutes. These proved the Board followed a transparent process in open sessions, neutralizing claims of "secret" political maneuvering.
The Burden of Proof is High: Petitioners must provide more than "feelings" of bad faith. They must provide evidence that outweighs the Association’s documented business reasons.
Know Your Statutes: Administrative hearings are restricted. Arguments based on the Nonprofit Corporation Act (Title 10) will likely be dismissed for lack of jurisdiction in a forum designed for Title 33 disputes.

7. Conclusion

The dispute in the Foothills highlights the need for clear, proactive communication regarding volunteer expectations. While the Association's decision was legally sound, a formal attendance policy might have prevented the dispute entirely.

The Final Order, issued February 4, 2020, dismissed the petition and stands as a binding decision. For any party dissatisfied with such a ruling, the only recourse is a formal request for a rehearing, which must be filed with the Commissioner of the Department of Real Estate within 30 days of the order's service. This case serves as a reminder that in HOA governance, objective data and recorded minutes are a board’s strongest shield.

Case Participants

Petitioner Side

John B. Clark Jr. (petitioner)
Foothills Community Association
Homeowner; former Design Review Committee (DRC) member; Air Force Reservist; realtor; pilot
Mitchell Vasin (petitioner attorney)
Vasin & Rocco, PLLC
Appeared on behalf of Petitioner

Respondent Side

B. Austin Baillio (respondent attorney)
Maxwell & Morgan, P.C.
Appeared on behalf of Respondent
Patricia Wontor (property manager)
Premier Community Management
Community Manager for Foothills Community Association; witness
Michael Owen (board member)
Foothills Community Association
Witness; sent email to Petitioner regarding removal
Jeffrey B. Corben (respondent attorney)
Maxwell & Morgan, P.C.
Listed on service list

Neutral Parties

Velva Moses-Thompson (ALJ)
Office of Administrative Hearings
Administrative Law Judge
Judy Lowe (Commissioner)
Arizona Department of Real Estate
Recipient of transmitted order
A. Leverette (clerk)
Office of Administrative Hearings
Signed transmission of order

Vicky Glover v. Foothills Community Association

Posted on May 30, 2019 by [email protected]

Case Summary

Case ID	19F-H1919046-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2019-05-30
Administrative Law Judge	Tammy L. Eigenheer
Outcome	The Administrative Law Judge denied the petition, concluding that Petitioner failed to establish any violation of A.R.S. § 33-1804 regarding both the DRC's restriction on speaking during specific deliberations and the use of email communications for non-regularly scheduled committee business.
Filing Fees Refunded	$500.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Vicky Glover	Counsel	—
Respondent	Foothills Community Association	Counsel	B. Austin Baillio

Alleged Violations

A.R.S. § 33-1804

Outcome Summary

The Administrative Law Judge denied the petition, concluding that Petitioner failed to establish any violation of A.R.S. § 33-1804 regarding both the DRC's restriction on speaking during specific deliberations and the use of email communications for non-regularly scheduled committee business.

Why this result: The Petitioner failed to prove by a preponderance of the evidence that the Respondent violated A.R.S. § 33-1804, specifically because the DRC's restrictions on speaking were deemed reasonable, and email communications were not considered 'regularly scheduled committee meetings' requiring public access.

Key Issues & Findings

Open Meetings and Member Right to Speak (DRC and Email Meetings)

Petitioner alleged Respondent violated A.R.S. § 33-1804 by denying her the ability to speak at DRC meetings on other members’ requests, and by conducting deliberations and making decisions via email outside of regularly scheduled meetings.

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: Yes

Disposition: respondent_win

Cited:

A.R.S. § 33-1804
A.R.S. Title 33, Chapter 16, Sections 33-1801 to 33-1818

Analytics Highlights

Topics: HOA, Design Review Committee, Open Meetings, Right to Speak, Email Meetings, A.R.S. 33-1804

Additional Citations:

A.R.S. § 32-2199 et seq.
A.A.C. R2-19-119
A.R.S. § 33-1804
A.R.S. § 32-2199.02(B)
A.R.S. § 32-2199.04
A.R.S. § 41-1092.09

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Video Overview

Audio Overview

Decision Documents

19F-H1919046-REL Decision – 712028.pdf

Uploaded 2026-04-24T11:19:00 (94.0 KB)

19F-H1919046-REL Decision – 712028.pdf

Uploaded 2026-01-23T17:28:53 (94.0 KB)

Briefing Document: Glover v. Foothills Community Association (Case No. 19F-H1919046-REL)

Executive Summary

This document summarizes the Administrative Law Judge Decision in the case of Vicky Glover versus the Foothills Community Association (FCA), where the petitioner’s claims were denied. The petitioner alleged that the FCA’s Design Review Committee (DRC) violated Arizona’s open meeting laws (A.R.S. § 33-1804) on two fronts: first, by conducting unannounced “email meetings” to vote on non-emergency matters, and second, by preventing members from speaking at appropriate times during regularly scheduled DRC meetings.

The Administrative Law Judge (ALJ), Tammy L. Eigenheer, concluded that the petitioner failed to prove any statutory violation. The decision rested on a strict textual interpretation of A.R.S. § 33-1804. Regarding speaking rights, the ALJ determined that while members have a right to speak at an “appropriate time” in committee meetings, the more specific right to speak on an agenda item before a formal vote applies exclusively to Board of Directors meetings, not committee meetings. The judge found it was reasonable for the DRC to rule that a member speaking on another member’s application was not an “appropriate time.”

Concerning the email communications, the ALJ ruled that they do not constitute “regularly scheduled committee meetings” as defined by the statute. Because the email discussions and decisions did not occur at a set weekly, monthly, or quarterly time, they are not subject to the open meeting requirements. The general state policy favoring open meetings was found to be subordinate to the specific statutory language. The petition was therefore denied in its entirety.

——————————————————————————–

Case Overview

This case involved a dispute between a homeowner and a homeowners association regarding the application of Arizona’s open meeting laws to a committee of the association.

Name / Entity

Representation / Title

Petitioner

Vicky Glover

Appeared on her own behalf

Respondent

Foothills Community Association (FCA)

B. Austin Baillio (Maxwell & Morgan, P.C.)

Adjudicator

Tammy L. Eigenheer

Administrative Law Judge

Jurisdiction

Office of Administrative Hearings

Phoenix, Arizona

Case Timeline

• December 13, 2018 & January 9, 2019: Petitioner attends and records DRC meetings where the alleged violations occurred.

• January 23, 2019: Vicky Glover files a petition with the Arizona Department of Real Estate.

• January 28, 2019: The Department issues a notice to the FCA regarding the petition.

• May 10, 2019: An administrative hearing is held.

• May 30, 2019: The Administrative Law Judge issues the final decision.

——————————————————————————–

Petitioner’s Allegations

The petitioner, Vicky Glover, alleged that the Foothills Community Association violated Arizona Revised Statutes (A.R.S.) § 33-1804 in two specific ways:

1. Improper Email Meetings: The FCA’s Design Review Committee (DRC) held unannounced meetings via email to vote on non-emergency matters, which should have been handled in open, public meetings.

2. Denial of Speaking Rights: The DRC refused to allow community members, including the petitioner, to speak at an appropriate time during its regularly scheduled meetings, specifically when she wished to speak on other members’ pending requests.

Key Factual Findings

The facts underlying the petition were not in dispute by the parties during the hearing. The key findings of fact established were:

• Organizational Structure:

◦ The FCA Board of Directors is comprised of seven members and meets on the fourth Wednesday of the month at 6:00 p.m.

◦ The Design Review Committee (DRC) is appointed by the Board, is comprised of five members (two of whom are also on the Board), and meets on the second Wednesday of the month at 2:00 p.m.

• Events at DRC Meetings:

◦ On December 13, 2018, and January 9, 2019, Vicky Glover attended and recorded DRC meetings.

◦ During these meetings, she was not permitted to speak on issues being discussed related to other members’ pending requests.

• Use of Email by the DRC:

◦ During meetings, DRC members mentioned that additional information for certain requests would be shared via email after the meeting.

◦ Based on this emailed information, DRC members would approve or deny the request.

◦ Decisions made via email between meetings were formally “ratified” at the subsequent DRC meeting.

◦ FCA Manager Pat Wontor testified, denying that the DRC took initial action via email, asserting instead that emails were only used to gather additional information on matters that had already been discussed in an open meeting.

• DRC Policies: A request submitted to the DRC is deemed approved if it is not denied within 60 days.

——————————————————————————–

Legal Analysis and Judge’s Conclusions

The Administrative Law Judge’s decision centered on a strict interpretation of the plain language of A.R.S. § 33-1804. The petitioner bore the burden of proving a violation by a preponderance of the evidence and failed to do so on both counts.

I. Member Speaking Rights at Committee Meetings

The judge analyzed the petitioner’s claim that she was wrongfully denied the right to speak at DRC meetings.

• Governing Statute: A.R.S. § 33-1804(A) states that at “any regularly scheduled committee meetings… all members… shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings.”

• ALJ’s Interpretation: The judge found a critical distinction within the statute’s text. A later clause specifies that “the board… shall permit a member… to speak once after the board has discussed a specific agenda item but before the board takes formal action on that item.”

• Conclusion: The judge ruled that this specific right to speak on an item before a vote applies only to meetings of the Board of Directors, not to committee meetings. For committee meetings, the standard is the more general “appropriate time.” The ALJ concluded it was reasonable for the DRC to determine that having one member speak on another member’s private application was not an “appropriate time.” Therefore, the DRC’s refusal to allow the petitioner to speak did not violate the statute.

II. Email Deliberations and “Meetings”

The judge next addressed the claim that email communications constituted illegal, non-public meetings.

• Governing Statute: A.R.S. § 33-1804(A) mandates that open meeting rules apply to “regularly scheduled committee meetings.”

• ALJ’s Interpretation: The judge concluded that the email discussions, deliberations, and decisions among DRC members did not meet the definition of “regularly scheduled.” These communications did not occur at a set time on a recurring basis (e.g., weekly, monthly, quarterly). While they could be considered a form of meeting, they were not regularly scheduled ones.

• Effect of State Policy: The judge acknowledged the policy statement in A.R.S. § 33-1804(F), which expresses a legislative preference for open meetings. However, the judge ruled that this general policy “does not override the specific provisions of A.R.S. § 33-1804(A) that only ‘regularly scheduled’ committee meetings must be open to the members.”

• Conclusion: Because the email communications were not regularly scheduled, they did not fall under the open meeting requirements of the statute, and no violation occurred.

Final Order and Implications

Based on the legal analysis, the Administrative Law Judge found that the petitioner did not establish any violation of A.R.S. § 33-1804.

• Final Order: “IT IS ORDERED that Petitioner’s petition is denied.”

• Next Steps: The decision is binding on the parties. A party may file a request for a rehearing with the Commissioner of the Department of Real Estate within 30 days of the service of the order, pursuant to A.R.S. § 32-2199.04 and § 41-1092.09.

Study Guide: Glover v. Foothills Community Association (No. 19F-H1919046-REL)

This guide provides a comprehensive review of the Administrative Law Judge Decision in the case between Vicky Glover (Petitioner) and the Foothills Community Association (Respondent). It includes a quiz to test factual recall, essay questions for deeper analysis, and a glossary of key terms as defined and used within the source document.

Quiz: Short-Answer Questions

Instructions: Answer the following questions based on the provided legal decision. Each answer should be two to three sentences long.

1. Who were the primary parties involved in this case and what were their respective roles?

2. What were the two specific violations of state statutes that the Petitioner alleged?

3. Describe the composition and meeting schedules of the Board of Directors and the Design Review Committee (DRC).

4. What specific action did the Petitioner take during the DRC meetings on December 13, 2018, and January 9, 2019?

5. According to the decision, what was the DRC’s practice regarding decisions made via email between meetings?

6. What is the standard of proof the Petitioner was required to meet, and how does the decision define it?

7. How did the Administrative Law Judge interpret the statutory phrase “an appropriate time” for a member to speak during a committee meeting?

8. Why did the Judge conclude that the DRC’s email communications did not violate the open meeting requirements of A.R.S. § 33-1804?

9. What was the final ruling, or Order, issued by the Administrative Law Judge in this case?

10. What recourse did the parties have if they disagreed with the Judge’s order?

Answer Key

1. The primary parties were Vicky Glover, the Petitioner who filed the complaint, and the Foothills Community Association (FCA), the Respondent homeowners association. The case was heard by Administrative Law Judge Tammy L. Eigenheer in the Office of Administrative Hearings.

2. The Petitioner alleged that the Respondent violated state statutes by holding unannounced email meetings to vote on non-emergency matters. She also alleged that the Respondent would not allow community members to speak at appropriate times during Design Review Committee (DRC) meetings.

3. The Board of Directors has seven members and meets at 6:00 p.m. on the fourth Wednesday of the month. The Design Review Committee (DRC) is appointed by the Board, has five members (two of whom are also on the Board), and meets at 2:00 p.m. on the second Wednesday of the month.

4. During the DRC meetings on December 13, 2018, and January 9, 2019, the Petitioner attended and recorded the proceedings. She was not allowed to speak on other members’ pending requests during these meetings.

5. The DRC would gather additional information via email after a meeting and members would then approve or deny the request via email. Any decisions made via email between DRC meetings were then “ratified” at the next formal DRC meeting.

6. The Petitioner had the burden of proving her case by a “preponderance of the evidence.” The decision defines this as evidence that is of greater weight or more convincing than the opposing evidence, showing the fact sought to be proved is more probable than not.

7. The Judge determined that the statute does not define what constitutes “an appropriate time” to speak at a committee meeting. Therefore, it was reasonable for the DRC to decide that the deliberation regarding a different member’s request was not an appropriate time for the Petitioner to speak.

8. The Judge concluded that email communications are not “regularly scheduled committee meetings” because they do not occur at a set time on a weekly, monthly, quarterly, or annual basis. Since A.R.S. § 33-1804 only requires regularly scheduled committee meetings to be open, the email discussions were not a violation.

9. The final Order was that the Petitioner’s petition is denied. The Administrative Law Judge concluded that the Petitioner did not establish any violation of A.R.S. § 33-1804.

10. Pursuant to A.R.S. §32-2199.02(B), the order is binding unless a rehearing is granted. A request for a rehearing must be filed with the Commissioner of the Department of Real Estate within 30 days of the service of the Order.

Essay Questions

Instructions: The following questions are designed for longer-form essay responses to encourage a deeper synthesis of the case details and legal reasoning. Answers are not provided.

1. Analyze the Administrative Law Judge’s statutory construction of A.R.S. § 33-1804. How does the judge distinguish between the open meeting requirements for Board of Directors meetings versus committee meetings, and what role does the “plain language” of the statute play in this interpretation?

2. Discuss the two central allegations made by Vicky Glover. For each allegation, detail the undisputed facts of the events and explain the specific legal reasoning the judge used to conclude that no statutory violation occurred.

3. Examine the conflict between the state’s declared policy in favor of open meetings (A.R.S. § 33-1804(F)) and the specific statutory language governing committee meetings (A.R.S. § 33-1804(A)). How did the judge resolve this apparent conflict in her final decision?

4. Based on the “Findings of Fact,” describe the operational procedures of the Design Review Committee, including its use of email for decision-making and subsequent ratification. How did these procedures become central to the legal dispute?

5. Explain the concept of “burden of proof” as it applied in this case. How did the standard of “preponderance of the evidence” shape the proceedings, and why was the Administrative Law Judge’s conclusion that the Petitioner “did not establish” a violation critical to the final order?

Glossary of Key Terms

Definition from Source Context

Administrative Law Judge

Tammy L. Eigenheer, the judge who presided over the hearing and issued the decision in this case.

A.R.S. § 33-1804

The Arizona Revised Statute that the Petitioner alleged was violated. It governs open meetings for planned communities, including member associations, boards of directors, and regularly scheduled committees.

Arizona Department of Real Estate (Department)

The state agency with which the Petitioner filed her petition and which has jurisdiction to hear disputes between property owners and condominium owners associations.

Board of Directors

The governing body of the Foothills Community Association, comprised of seven members. It appoints the Design Review Committee.

Design Review Committee (DRC)

A five-member committee appointed by the Board of Directors. Two of its members are also on the Board. The DRC’s meetings were the subject of the Petitioner’s complaint.

Foothills Community Association (FCA)

The Respondent in the case. An association of homeowners located in Phoenix, Arizona.

Petitioner

Vicky Glover, who filed a petition on January 23, 2019, with the Arizona Department of Real Estate against the Foothills Community Association.

Preponderance of the evidence

The burden of proof required of the Petitioner. It is defined as “Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.”

Ratified

The term used to describe the process where decisions made by the DRC via email between meetings were formally approved at the next DRC meeting.

Regularly scheduled committee meetings

The specific type of meeting subject to the open meeting requirements of A.R.S. § 33-1804. The Judge concluded that email communications do not meet this definition as they do not occur at a set time.

Respondent

The Foothills Community Association (FCA), against which the petition was filed. Represented in the hearing by B. Austin Baillio.

Statutory Construction

The process of interpreting a statute. The primary goal is to ascertain the legislature’s intent, first by looking at the plain text of the statute.

3 Shocking Loopholes in HOA ‘Open Meeting’ Laws This Homeowner Discovered the Hard Way

Introduction: The Illusion of Transparency

For anyone living in a homeowner’s association (HOA), there’s a fundamental expectation: the business of the community is conducted in the open. We assume that as members, we have a right to attend meetings, understand the decisions being made, and voice our opinions before our board takes action.

But a startling court decision from an Arizona Administrative Law Judge throws a wrench in that assumption. One homeowner’s legal challenge against her association didn’t just fail—it inadvertently created a roadmap for how HOAs can legally operate behind closed doors, affecting millions of residents in planned communities.

This article will break down the three most counter-intuitive takeaways from this legal battle, revealing how the specific wording of the law can create major gaps in transparency and challenge everything you thought you knew about your rights as a homeowner.

1. Your Right to Speak is Weaker Than You Think—Especially in Committee Meetings

Most homeowners believe they have a protected right to speak on any agenda item at any official HOA meeting. The case of petitioner Vicky Glover shows this is a dangerous assumption.

On December 13, 2018, and January 9, 2019, Ms. Glover attended meetings of her community’s Design Review Committee (DRC) and was not permitted to speak about other members’ pending architectural requests. She argued this violated Arizona’s open meeting law for planned communities (A.R.S. § 33-1804).

The Administrative Law Judge (ALJ), however, pointed out a critical distinction in the law’s text. The statute explicitly guarantees a member the right “to speak once after the board has discussed a specific agenda item but before the board takes formal action.” This specific right, the ALJ concluded, applies only to meetings of the Board of Directors.

For committee meetings, the law sets a much vaguer standard, requiring only that members “be permitted to attend and speak at an appropriate time.” The ALJ found it was reasonable for the DRC to decide that having Ms. Glover speak on another member’s application was not an “appropriate time.”

This is a crucial distinction because committees—like architectural, design, or finance committees—often make the decisions that most directly impact homeowners’ property and daily lives. Yet, this ruling clarifies that the guaranteed right to be heard before a vote is taken is significantly weaker in those very forums.

2. “Email Meetings” Can Be a Legal Way to Sidestep Open Meeting Rules

The common understanding of open meeting laws is that they exist to prevent boards and committees from deliberating and making decisions in private. But what if the meeting doesn’t happen in a room, but in an email chain?

Ms. Glover’s second claim was that the DRC was conducting business and making decisions via email between its official meetings. Evidence showed that after a meeting, additional information would be shared with committee members who could then “approve or deny the request… via email.” The association’s manager, Pat Wontor, denied this, claiming emails were only used to gather information on matters already discussed in a meeting.

The ALJ’s conclusion on this matter was stunning and sidestepped the conflicting testimony entirely. The Arizona open meeting law in question only applies to “regularly scheduled committee meetings.” Because email exchanges do not occur at a set, scheduled time—like the second Wednesday of the month—the judge ruled they do not fall under the open meeting requirements of the statute, regardless of their content.

The implication of this loophole is profound. It allows a committee to conduct significant deliberation and decision-making entirely outside of public view. This practice can turn the open meeting into a hollow formality. A committee can present a “done deal” for public ratification, rendering the member’s right to observe and speak effectively meaningless. The public meeting becomes a theatrical rubber stamp for a decision already made in secret.

3. The “Spirit of the Law” Doesn’t Beat the Letter of the Law

Many laws contain a policy statement that outlines their overarching goal—the “spirit of the law.” Arizona’s statute on HOA meetings has an exceptionally strong one, stating that all meetings should be open and that the law should be interpreted to favor transparency. The text explicitly declares:

“It is the policy of this state as reflected in this section that all meetings of a planned community… be conducted openly… and shall construe any provision of this section in favor of open meetings.” (from A.R.S. § 33-1804(F))

Ms. Glover and many homeowners would read this and assume it guarantees broad transparency. The ALJ, however, ruled that this powerful policy statement “does not override the specific provisions” of the law.

In other words, the literal, specific text—like the distinction between “board” and “committee” meetings, or the “regularly scheduled” requirement—takes precedence over the law’s general intent.

This is perhaps the most important lesson for all homeowners. Relying on the assumed purpose or “spirit” of a rule is not enough. In a legal dispute, the precise, technical wording is what matters most. It highlights the critical importance for homeowners to read and understand the exact text of state statutes and their own governing documents, because the loopholes are often found in the fine print.

Conclusion: Knowledge is Your Best Defense

While Vicky Glover lost her petition, her case provides an invaluable education for every member of a community association. It is a stark warning that transparency in an HOA is not a guaranteed principle but a legal standard with specific, and at times counter-intuitive, boundaries that can be exploited.

The loopholes her case exposed reveal a sobering reality: your right to speak is conditional, “meetings” can legally occur out of sight in an email chain, and the stated “spirit” of the law can be rendered toothless by its literal text. HOA governance is not guided by general principles of fairness, but by very specific legal language.

Given these loopholes, it’s worth asking: How many of the most important decisions in your community are happening in an inbox instead of the boardroom?

Case Participants

Petitioner Side

Vicky Glover (petitioner)

Respondent Side

B. Austin Baillio (respondent attorney)
Maxwell & Morgan, P.C.
Pat Wontor (manager)
Manager for DRC/Foothills Community Association

Neutral Parties

Tammy L. Eigenheer (ALJ)
Judy Lowe (Commissioner)
Arizona Department of Real Estate

Other Participants

Del Sol (staff/clerk)
Transmitting staff

Tom Barrs v. Desert Ranch Homeowners Association

Posted on April 10, 2019 by [email protected]

Case Summary

Case ID	19F-H1918037-REL-RHG
Agency	ADRE
Tribunal	OAH
Decision Date	2019-09-12
Administrative Law Judge	Jenna Clark
Outcome	full
Filing Fees Refunded	$500.00
Civil Penalties	$500.00

Parties & Counsel

Petitioner	Tom Barrs	Counsel	Jonathan A. Dessaules
Respondent	Desert Ranch Homeowners Association	Counsel	B. Austin Baillio

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge concluded that the HOA violated ARIZ. REV. STAT. § 33-1805 by failing to provide the full requested documentation relating to EDC actions and communications. The Petitioner's request for relief was granted, resulting in the reimbursement of the $500 filing fee and the imposition of a $500 civil penalty against the HOA.

Key Issues & Findings

Whether Desert Ranch Homeowners Association (Respondent) violated A.R.S. § 33-1805 by failing to fulfill a records request.

The Association violated A.R.S. § 33-1805 by failing to fully comply with Petitioner's specific request for EDC records (submissions, requests, and approvals) by providing only a summary table instead of the totality of requested communications within the statutory deadline.

Orders: Petitioner's petition granted. Respondent ordered to reimburse Petitioner's $500.00 filing fee (ARIZ. REV. STAT. § 32-2199.01) and tender a $500.00 civil penalty to the Department (ARIZ. REV. STAT. § 32-2199.02(A)).

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

ARIZ. REV. STAT. § 33-1805
ARIZ. REV. STAT. § 32-2199.01
ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: Records Request, HOA Violation, Civil Penalty, Filing Fee Reimbursement

Additional Citations:

ARIZ. REV. STAT. § 33-1805
ARIZ. REV. STAT. § 32-2199.01
ARIZ. REV. STAT. § 32-2199.02(A)
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092
ARIZ. ADMIN. CODE R2-19-119
ARIZ. REV. STAT. § 1-243
ARIZ. ADMIN. CODE R2-19-107
ARIZ. REV. STAT. § 33-1804

Video Overview

Audio Overview

Decision Documents

19F-H1918037-REL Decision – 737525.pdf

Uploaded 2026-04-28T10:46:18 (176.7 KB)

19F-H1918037-REL Decision – 700566.pdf

Uploaded 2026-04-28T10:46:31 (149.3 KB)

19F-H1918037-REL Decision – 737525.pdf

Uploaded 2026-04-24T11:18:19 (176.7 KB)

19F-H1918037-REL Decision – 700566.pdf

Uploaded 2026-04-24T11:18:22 (149.3 KB)

Briefing Document: Barrs v. Desert Ranch Homeowners Association (Case No. 19F-H1918037-REL)

Executive Summary

This briefing document synthesizes two Administrative Law Judge (ALJ) decisions concerning a records request dispute between homeowner Tom Barrs (Petitioner) and the Desert Ranch Homeowners Association (Respondent). The core of the dispute was the Association’s failure to fully comply with a request for records under Arizona Revised Statutes (A.R.S.) § 33-1805.

The case is notable for its complete reversal upon rehearing. An initial ruling on April 10, 2019, favored the Association, finding that the Petitioner had failed to properly submit his request by not emailing all Board members. However, this decision was overturned in a final, binding order on September 12, 2019. In the rehearing, the Petitioner presented new evidence demonstrating he was following the Association’s own prior written instructions for submitting such requests.

The ALJ ultimately concluded that the Association did violate A.R.S. § 33-1805 by providing only a summary document instead of making the full records available for examination. Consequently, the final order granted the Petitioner’s petition, mandated the full reimbursement of his $500 filing fee, and levied an additional $500 civil penalty against the Association. The case underscores the critical importance of procedural compliance and the weight of documented instructions in governing interactions between homeowners and their associations.

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I. Case Overview

• Parties:

◦ Petitioner: Tom Barrs, a property owner and member of the Association.

◦ Respondent: Desert Ranch Homeowners Association (“the Association”).

• Venue: Arizona Office of Administrative Hearings (OAH).

• Presiding Judge: Administrative Law Judge (ALJ) Jenna Clark.

• Core Allegation: Whether the Desert Ranch Homeowners Association violated A.R.S. § 33-1805 by failing to fulfill a records request submitted by the Petitioner.

• Case Numbers:

◦ 19F-H1918037-REL (Initial Decision)

◦ 19F-H1918037-REL-RHG (Rehearing Decision)

II. Chronology of the Dispute

Jul. 19, 2017

Association President Catherine Overby appoints Environmental Design Committee (EDC) Director Brian Schoeffler as the Petitioner’s primary contact for records requests.

Jul. 18, 2018

Ms. Overby instructs the Petitioner to direct all requests to the Association’s management company, Associated Asset Management (AAM), specifically to Lori Lock-Lee.

Nov. 1, 2018

Petitioner submits the records request at issue via email to Catherine Overby, Brian Schoeffler, and Lori Loch-Lee.

Nov. 2, 2018

Ms. Loch-Lee acknowledges the request, states she will forward it to all Board members, and clarifies that AAM is only the Association’s accounting firm.

Nov. 18, 2018

Mr. Schoeffler responds on behalf of the Association, providing a summary table of EDC actions but not the full records. He also advises the Petitioner that all Board members must be copied on future requests.

Dec. 17, 2018

Petitioner files a single-issue petition against the Association with the Arizona Department of Real Estate, paying a $500 fee.

Mar. 6, 2019

Petitioner sends a follow-up email specifying the exact documents he is seeking, referencing items listed in the summary table he received.

Mar. 11, 2019

Mr. Schoeffler replies, asserting the request was already fulfilled and instructing the Petitioner to submit a new request for the additional items.

Mar. 17, 2019

Mr. Schoeffler emails again, claiming the original request was improperly submitted to only two of four Board members and that providing more documents could be seen as an “admission of guilt.”

Mar. 21, 2019

The first evidentiary hearing is held at the OAH.

Apr. 10, 2019

The initial ALJ Decision is issued, denying the Petitioner’s petition.

Jun. 10, 2019

Petitioner submits an appeal to the Department, which is granted.

Aug. 27, 2019

A rehearing is held at the OAH.

Sep. 12, 2019

The final ALJ Decision is issued, reversing the initial ruling and granting the Petitioner’s petition.

III. The Records Request and Response

Petitioner’s Request (November 1, 2018)

The Petitioner submitted a clear and direct request for specific records via email, citing the relevant statute:

“Pursuant to ARS 33-1805, I am requesting a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018. Soft copies via return email are preferable; otherwise, please let me know when hard copies are available for pickup.”

Association’s Response (November 18, 2018)

The Association did not provide the requested documents (e.g., letters, emails, applications). Instead, it provided a “summary table listing of some, not all, EDC actions.” As of the August 27, 2019, rehearing, the Petitioner had still not received the full documentation he originally requested.

Petitioner’s Clarification (March 6, 2019)

In an attempt to resolve the issue, the Petitioner sent a detailed follow-up email outlining the specific missing records by referencing the line items in the Association’s own summary table. This demonstrated that his request was not for a vague “list of actions” but for the underlying correspondence. This included requests for:

• Copies of violation notices and “Full Compliance” correspondence.

• Complaint correspondence from homeowners regarding shrubs and subsequent citations.

• Submittal correspondence for a project from Mr. Schoeffler himself, along with approvals.

• Original submittals and approvals for a garage remodel and septic install.

IV. Analysis of the Two Administrative Rulings

The opposite outcomes of the two hearings hinged entirely on the validity of the Petitioner’s original email submission.

A. Initial ALJ Decision (April 10, 2019) – In Favor of Respondent (HOA)

• Central Finding: The Petitioner failed to properly submit his records request because he sent it to only two Board members, not the entire Board.

• Reasoning: The ALJ concluded that because the request was improperly submitted, the Association was not obligated to fulfill it under A.R.S. § 33-1805. Therefore, its failure to provide the full records did not constitute a violation. The decision noted, “Because the credible evidence of record reflects that Petitioner failed to properly submit his records request to the Board, Petitioner has failed established by a preponderance of the evidence that the Association was in violation…”

• Outcome: The petition was denied. The Association was not required to reimburse the Petitioner’s filing fee, and his request for a civil penalty was denied.

B. Rehearing ALJ Decision (September 12, 2019) – In Favor of Petitioner (Barrs)

• Central Finding: The Petitioner did properly submit his records request by emailing the designated contacts.

• Key New Evidence: The Petitioner introduced two exhibits proving he had received explicit instructions from the Association President on where to direct his requests:

1. A July 19, 2017 communication appointing EDC Chairman Brian Schoeffler as his primary records request contact.

2. A July 18, 2018 communication instructing him to direct requests to the management company (AAM).

• Reasoning: The ALJ found this evidence dispositive, stating, “Petitioner’s November 01, 2018, records request was not required to be sent to all members of the Association’s Board, as Petitioner had expressly been instructed to only send his records requests to the Association’s EDC Chairman, Mr. Schoeffler, which he did.” With the submission deemed proper, the focus shifted to the response. The ALJ concluded that providing a summary table was not compliant with the statute’s requirement to make records “reasonably available for examination.”

• Outcome: The initial decision was reversed, and the Petitioner’s petition was granted.

V. Key Arguments and Testimonies

• Petitioner (Tom Barrs):

◦ Argued his dispute was with the adequacy of the Association’s response, not its timeliness.

◦ Alleged the Association acted in bad faith and willfully withheld records, citing a previous OAH adjudication over a similar request.

◦ Successfully demonstrated he had followed the Association’s own prior instructions for submitting requests.

• Respondent (via Brian Schoeffler):

◦ Maintained that the request was invalid because it was not sent to all four Board members, an argument that collapsed during the rehearing.

◦ Admitted the Association’s governing documents do not contain a requirement that all Board members be copied on records requests.

◦ Justified the incomplete response by stating that providing additional documents after the petition was filed could be “interpreted as an admission of guilt.”

◦ Reasoned that the Association acted as it did because a previous, similar dispute had been decided in its favor.

VI. Final Order and Penalties

The binding order issued on September 12, 2019, following the rehearing, mandated the following:

1. Petition Granted: The Petitioner’s petition was granted in its entirety.

2. Filing Fee Reimbursement: The Association was ordered to reimburse the Petitioner’s $500 filing fee.

3. Civil Penalty: The Association was ordered to pay a civil penalty of $500 to the Arizona Department of Real Estate for its violation of A.R.S. § 33-1805.

Study Guide: Barrs v. Desert Ranch Homeowners Association

This guide provides a comprehensive review of the administrative legal case between petitioner Tom Barrs and respondent Desert Ranch Homeowners Association, covering the initial hearing and the subsequent rehearing. It includes a quiz to test factual recall, essay questions for deeper analysis, and a glossary of key terms.

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Short-Answer Quiz

Instructions: Answer the following questions in 2-3 complete sentences based on the provided source documents.

1. Who are the primary parties in this legal dispute, and what are their respective roles?

2. What specific Arizona Revised Statute was the Desert Ranch Homeowners Association accused of violating, and what does this statute generally require?

3. What was the exact nature of the records request Tom Barrs submitted on November 1, 2018?

4. In the initial hearing, what was the key reason the Administrative Law Judge ruled in favor of the Association?

5. What was the Association’s initial response to Barrs’ records request, and why did Barrs consider it incomplete?

6. Upon what grounds was a rehearing of the case granted?

7. What crucial new evidence presented at the rehearing changed the outcome of the case?

8. How did the Association’s own bylaws and concessions during the rehearing weaken its defense?

9. What was the final ruling in the Administrative Law Judge’s decision after the rehearing?

10. What financial penalties were imposed on the Desert Ranch Homeowners Association in the final order?

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Answer Key

1. The primary parties are Tom Barrs, the Petitioner, and the Desert Ranch Homeowners Association, the Respondent. Barrs, a homeowner and member of the Association, filed a petition alleging the Association failed to comply with a records request. The Association, represented in the hearings by Brian Schoeffler, defended its actions against this claim.

2. The Association was accused of violating A.R.S. § 33-1805. This statute requires a homeowners’ association to make its financial and other records reasonably available for examination by a member within ten business days of a request. It also allows the association to charge a fee of not more than fifteen cents per page for copies.

3. On November 1, 2018, Tom Barrs requested “a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018.” He specified that electronic copies were preferable but that he was also willing to pick up hard copies.

4. In the initial hearing, the judge ruled for the Association because the evidence indicated Barrs had failed to properly submit his request to all members of the Association’s Board. This procedural error meant Barrs failed to establish by a preponderance of the evidence that the Association was in violation of the statute.

5. The Association responded on November 18, 2018, by providing Barrs with a summary table of Environmental Design Committee (EDC) actions. Barrs considered this incomplete because his request was for the underlying communications, including all written requests and approvals, not just a summary list of actions.

6. A rehearing was granted after Petitioner Tom Barrs submitted an appeal to the Arizona Department of Real Estate on June 10, 2019. The Department granted the appeal and referred the matter back to the Office of Administrative Hearings for a new evidentiary hearing.

7. The crucial new evidence showed that the Association’s President had previously appointed Brian Schoeffler as Barrs’ primary contact for records requests. This evidence demonstrated that Barrs had, in fact, followed the specific instructions given to him and was not required to send his request to all board members, directly contradicting the basis for the initial ruling.

8. The Association conceded that its governing documents do not require members to copy all Board members on records requests. It also admitted that its own bylaws regarding the submission of forms for such requests were not adhered to or enforced, which undermined its argument that Barrs had failed to follow proper procedure.

9. The final ruling, issued September 12, 2019, granted the Petitioner’s petition. The Administrative Law Judge concluded that the Association’s conduct violated A.R.S. § 33-1805 because it did not fully comply with Barrs’ specific and properly submitted request.

10. The Association was ordered to reimburse Petitioner Tom Barrs’ $500.00 filing fee. Additionally, a civil penalty of $500.00 was levied against the Association, payable to the Arizona Department of Real Estate.

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Essay Questions

Instructions: The following questions are designed for longer, essay-format answers that require critical thinking and synthesis of information from the case documents. Answers are not provided.

1. Compare and contrast the Findings of Fact and Conclusions of Law in the initial decision (April 10, 2019) with those in the rehearing decision (September 12, 2019). Analyze how specific factual clarifications led to a complete reversal of the legal conclusion.

2. Explain the legal standard of “preponderance of the evidence” as defined in the decisions. Detail why the petitioner initially failed to meet this burden and what specific evidence allowed him to successfully meet it in the rehearing.

3. Analyze the testimony and arguments presented by Brian Schoeffler on behalf of the Association across both hearings. Discuss the consistency of his defense, his reasoning based on prior OAH decisions, and his stated fear that providing more documents could be interpreted as an “admission of guilt.”

4. Trace the complete procedural timeline of case No. 19F-H1918037-REL, from the filing of the initial petition on December 17, 2018, to the final, binding order on September 12, 2019. Highlight the roles of the Arizona Department of Real Estate and the Office of Administrative Hearings (OAH).

5. Using the details of this case, write an analysis of the function and importance of A.R.S. § 33-1805 in regulating the relationship between a homeowner and a homeowners’ association. Discuss the statute’s requirements for both parties and the consequences of non-compliance.

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent, impartial judge who presides over administrative hearings at government agencies like the Office of Administrative Hearings. In this case, the ALJ was Jenna Clark.

A.R.S. § 33-1805

The section of the Arizona Revised Statutes that governs a homeowner’s right to access the records of a homeowners’ association. It mandates that an association must make records available for examination within ten business days of a request.

Associated Asset Management (AAM)

The management company that served as the accounting firm for the Desert Ranch Homeowners Association. Petitioner was instructed at one point to direct requests to Lori Lock-Lee at AAM.

Board of Directors (the Board)

The governing body that oversees the operations of the Desert Ranch Homeowners Association.

Covenants, Conditions, and Restrictions (CC&Rs)

The governing legal documents that set up the rules for a planned community or subdivision. The Desert Ranch HOA is governed by its CC&Rs.

Environmental Design Committee (EDC)

A committee within the Desert Ranch Homeowners Association responsible for reviewing and approving architectural and landscaping changes. Brian Schoeffler was the Chairman of the EDC.

Petitioner

The party who files a petition to initiate a legal proceeding. In this case, Tom Barrs is the Petitioner.

Preponderance of the evidence

The standard of proof in this civil administrative case. It is defined as evidence that is more convincing and has superior weight, inclining a fair mind to one side of the issue over the other.

Rehearing

A second hearing of a case, granted upon appeal, to re-examine the issues and evidence. The rehearing in this case took place on August 27, 2019, and resulted in the reversal of the initial decision.

Respondent

The party against whom a petition is filed. In this case, the Desert Ranch Homeowners Association is the Respondent.

Office of Administrative Hearings (OAH)

An independent state agency in Arizona that conducts evidentiary hearings for other state agencies, providing a neutral forum for resolving disputes like the one between Barrs and the Association.

Briefing Document: Barrs v. Desert Ranch Homeowners Association (Case No. 19F-H1918037-REL)

Executive Summary

——————————————————————————–

I. Case Overview

• Parties:

◦ Petitioner: Tom Barrs, a property owner and member of the Association.

◦ Respondent: Desert Ranch Homeowners Association (“the Association”).

• Venue: Arizona Office of Administrative Hearings (OAH).

• Presiding Judge: Administrative Law Judge (ALJ) Jenna Clark.

• Core Allegation: Whether the Desert Ranch Homeowners Association violated A.R.S. § 33-1805 by failing to fulfill a records request submitted by the Petitioner.

• Case Numbers:

◦ 19F-H1918037-REL (Initial Decision)

◦ 19F-H1918037-REL-RHG (Rehearing Decision)

II. Chronology of the Dispute

Jul. 19, 2017

Association President Catherine Overby appoints Environmental Design Committee (EDC) Director Brian Schoeffler as the Petitioner’s primary contact for records requests.

Jul. 18, 2018

Ms. Overby instructs the Petitioner to direct all requests to the Association’s management company, Associated Asset Management (AAM), specifically to Lori Lock-Lee.

Nov. 1, 2018

Petitioner submits the records request at issue via email to Catherine Overby, Brian Schoeffler, and Lori Loch-Lee.

Nov. 2, 2018

Ms. Loch-Lee acknowledges the request, states she will forward it to all Board members, and clarifies that AAM is only the Association’s accounting firm.

Nov. 18, 2018

Dec. 17, 2018

Petitioner files a single-issue petition against the Association with the Arizona Department of Real Estate, paying a $500 fee.

Mar. 6, 2019

Petitioner sends a follow-up email specifying the exact documents he is seeking, referencing items listed in the summary table he received.

Mar. 11, 2019

Mr. Schoeffler replies, asserting the request was already fulfilled and instructing the Petitioner to submit a new request for the additional items.

Mar. 17, 2019

Mr. Schoeffler emails again, claiming the original request was improperly submitted to only two of four Board members and that providing more documents could be seen as an “admission of guilt.”

Mar. 21, 2019

The first evidentiary hearing is held at the OAH.

Apr. 10, 2019

The initial ALJ Decision is issued, denying the Petitioner’s petition.

Jun. 10, 2019

Petitioner submits an appeal to the Department, which is granted.

Aug. 27, 2019

A rehearing is held at the OAH.

Sep. 12, 2019

The final ALJ Decision is issued, reversing the initial ruling and granting the Petitioner’s petition.

III. The Records Request and Response

Petitioner’s Request (November 1, 2018)

The Petitioner submitted a clear and direct request for specific records via email, citing the relevant statute:

Association’s Response (November 18, 2018)

Petitioner’s Clarification (March 6, 2019)

• Copies of violation notices and “Full Compliance” correspondence.

• Complaint correspondence from homeowners regarding shrubs and subsequent citations.

• Submittal correspondence for a project from Mr. Schoeffler himself, along with approvals.

• Original submittals and approvals for a garage remodel and septic install.

IV. Analysis of the Two Administrative Rulings

The opposite outcomes of the two hearings hinged entirely on the validity of the Petitioner’s original email submission.

A. Initial ALJ Decision (April 10, 2019) – In Favor of Respondent (HOA)

• Central Finding: The Petitioner failed to properly submit his records request because he sent it to only two Board members, not the entire Board.

• Outcome: The petition was denied. The Association was not required to reimburse the Petitioner’s filing fee, and his request for a civil penalty was denied.

B. Rehearing ALJ Decision (September 12, 2019) – In Favor of Petitioner (Barrs)

• Central Finding: The Petitioner did properly submit his records request by emailing the designated contacts.

• Key New Evidence: The Petitioner introduced two exhibits proving he had received explicit instructions from the Association President on where to direct his requests:

1. A July 19, 2017 communication appointing EDC Chairman Brian Schoeffler as his primary records request contact.

2. A July 18, 2018 communication instructing him to direct requests to the management company (AAM).

• Outcome: The initial decision was reversed, and the Petitioner’s petition was granted.

V. Key Arguments and Testimonies

• Petitioner (Tom Barrs):

◦ Argued his dispute was with the adequacy of the Association’s response, not its timeliness.

◦ Alleged the Association acted in bad faith and willfully withheld records, citing a previous OAH adjudication over a similar request.

◦ Successfully demonstrated he had followed the Association’s own prior instructions for submitting requests.

• Respondent (via Brian Schoeffler):

◦ Maintained that the request was invalid because it was not sent to all four Board members, an argument that collapsed during the rehearing.

◦ Admitted the Association’s governing documents do not contain a requirement that all Board members be copied on records requests.

◦ Justified the incomplete response by stating that providing additional documents after the petition was filed could be “interpreted as an admission of guilt.”

◦ Reasoned that the Association acted as it did because a previous, similar dispute had been decided in its favor.

VI. Final Order and Penalties

The binding order issued on September 12, 2019, following the rehearing, mandated the following:

1. Petition Granted: The Petitioner’s petition was granted in its entirety.

2. Filing Fee Reimbursement: The Association was ordered to reimburse the Petitioner’s $500 filing fee.

3. Civil Penalty: The Association was ordered to pay a civil penalty of $500 to the Arizona Department of Real Estate for its violation of A.R.S. § 33-1805.

Case Participants

Petitioner Side

Tom Barrs (petitioner)
Appeared on his own behalf in the initial hearing; appeared as a witness in the rehearing.
Jonathan Dessaules (petitioner attorney)
Dessaules Law Group
Appeared on behalf of Petitioner in the rehearing.

Respondent Side

Brian Schoeffler (respondent representative / EDC chairman / witness)
Desert Ranch Homeowners Association
Also identified as a Board Director.
Catherine Overby (HOA president / board member)
Desert Ranch Homeowners Association
Appointed Mr. Schoeffler as Petitioner’s primary records request contact.
Lori Loch-Lee (property manager)
Associated Asset Management (AAM)
Vice President of Client Services.
Amanda Shaw (property manager)
AAM LLC
Contact for Respondent.
B. Austin Baillio (HOA attorney)
Maxwell & Morgan, P.C.
Received electronic transmission of the rehearing decision.

Neutral Parties

Jenna Clark (ALJ)
OAH
Judy Lowe (Commissioner)
ADRE
Dan Gardner (ADRE staff)
ADRE
HOA Coordinator.

Other Participants

Gerard Manieri (observer)
Listed as 'G. Mangiero' in initial hearing source.
Peter Ashkin (observer)
Observed initial hearing.
Stephen Banks (observer)
Observed initial hearing.
Noah Banks (observer)
Observed initial hearing.
Stephen Barrs (observer)
Observed rehearing.
Abraham Barrs (observer)
Observed rehearing.

Tom Pyron vs Cliffs at North Mountain Condominium Association, Inc.

Posted on June 19, 2017 by [email protected]

Case Summary

Case ID	17F-H1717026-REL
Agency	ADRE
Tribunal	OAH
Decision Date	2017-06-19
Administrative Law Judge	Diane Mihalsky
Outcome	The Administrative Law Judge denied the petition, concluding that the HOA correctly identified only one Board position (the one-year term) was up for election in 2017 based on the Bylaws' staggered term provisions.
Filing Fees Refunded	$500.00
Civil Penalties	$0.00

Parties & Counsel

Petitioner	Tom Pyron	Counsel	—
Respondent	Cliffs at North Mountain Condominium Association, Inc.	Counsel	B. Austin Baillio

Alleged Violations

Bylaws, Article III, §§ 3.02 and 3.06, and Article IV, § 4.06

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the HOA correctly identified only one Board position (the one-year term) was up for election in 2017 based on the Bylaws' staggered term provisions.

Why this result: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated its Bylaws.

Key Issues & Findings

Dispute over the number of Board of Director positions available for the 2017 election.

Petitioner alleged Respondent HOA violated Bylaws by stating only one Board position was up for election for a one-year term in 2017, when Petitioner contended two positions (one-year and two-year terms) were open.

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

A.R.S. § 41-2198.01
A.R.S. § 41-1092.07(G)(2)
A.A.C. R2-19-119(A)
A.A.C. R2-19-119(B)(1)
A.A.C. R2-19-119(B)(2)
A.R.S. § 32-2199.02(B)
A.R.S. § 32-2199.04
A.R.S. § 41-1092.08
R4-28-1310

Analytics Highlights

Topics: HOA Election, Bylaw Violation, Board Term, Staggered Terms, Condominium Association

Additional Citations:

A.R.S. § 41-2198.01
A.R.S. § 41-1092.07(G)(2)
A.A.C. R2-19-119(A)
A.A.C. R2-19-119(B)(1)
A.A.C. R2-19-119(B)(2)
A.R.S. § 32-2199.02(B)
A.R.S. § 32-2199.04
A.R.S. § 41-1092.08
R4-28-1310

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Decision Documents

17F-H1717026-REL Decision – 570560.pdf

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17F-H1717026-REL Decision – 570560.pdf

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17F-H1717026-REL Decision – 576045.pdf

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2016

Study Guide: Pyron v. Cliffs at North Mountain Condominium Association, Inc.

This study guide provides a review of the administrative hearing case No. 17F-H1717026-REL between Tom Pyron (Petitioner) and the Cliffs at North Mountain Condominium Association, Inc. (Respondent). It covers the central arguments, key evidence, relevant bylaws, and the final legal decision.

Short Answer Quiz

Instructions: Answer the following questions in 2-3 complete sentences based on the provided source documents.

1. What was the single issue at the heart of Tom Pyron’s petition filed on March 16, 2017?

2. According to the Association’s bylaws, how are Board of Director terms structured when the board consists of three members?

3. What was the Petitioner’s argument regarding Jeff Oursland’s term on the Board of Directors?

4. What was the Respondent’s counter-argument regarding Barbara Ahlstrand’s 2015 election and, subsequently, Jeff Oursland’s term?

5. What actions did the Respondent take in an attempt to resolve the dispute with the Petitioner before the hearing?

6. Who was the key witness for the Respondent, and what was their role?

7. Explain the legal standard “preponderance of the evidence” as it is defined in the case documents.

8. What was the Administrative Law Judge’s core legal reasoning for concluding that only one board position was open in 2017?

9. What was the final outcome of the case as stated in the Recommended Order and adopted by the Commissioner of the Department of Real Estate?

10. Following the Final Order issued on July 12, 2017, what legal recourse was available to a party dissatisfied with the decision?

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Answer Key

1. Tom Pyron’s petition alleged that the Respondent violated its bylaws by announcing only one Board position was open for a one-year term in the 2017 election. Pyron contended that two positions—one for a one-year term and another for a two-year term—should have been up for election.

2. Bylaw Article III, § 3.02 specifies that for a three-person board, the directors hold staggered terms of one year, two years, and three years. The bylaw further dictates which terms end at which annual meetings (e.g., the two-year term ends at the second, fourth, sixth, etc., annual meetings).

3. The Petitioner argued that Barbara Ahlstrand was elected to a two-year term in 2015. Therefore, when Jeff Oursland was appointed to fill her vacancy, his term should have expired in 2017, meaning his two-year position should have been on the 2017 ballot.

4. The Respondent argued that under the plain language of Bylaw § 3.02, only the one-year and three-year terms were up for election in 2015. Since Sandra Singer received the most votes and secured the three-year term, Ms. Ahlstrand must have been elected to the one-year term, meaning Mr. Oursland’s appointed term expired in 2016.

5. In response to the petition, the Respondent twice rescheduled the 2017 annual meeting and re-issued ballots to include all candidates who had submitted an application. The Association also offered to pay the Petitioner’s $500 single-issue filing fee if he was satisfied with this resolution.

6. The key witness for the Respondent was Cynthia Quillen. She served as the Community Manager for the Association’s management company, Associated Property Management, and testified about the Board’s composition and her interpretation of the bylaws.

7. “A preponderance of the evidence” is defined as proof that convinces the trier of fact that a contention is more probably true than not. It is described as the greater weight of evidence, which is sufficient to incline a fair and impartial mind to one side of an issue over the other.

8. The Judge’s decision was based on the “plain language” of Bylaw § 3.02. This bylaw dictated that only the one-year and three-year terms were up for election in 2015. Since the parties agreed Ms. Singer won the three-year term, the Judge concluded Ms. Ahlstrand must have been elected to the one-year term, making the Respondent’s subsequent actions and election notices correct.

9. The Administrative Law Judge’s Recommended Order was that the Petitioner’s petition be denied. This order was adopted by the Commissioner of the Department of Real Estate in a Final Order, making it binding on the parties.

10. According to the Final Order, a dissatisfied party could request a rehearing within thirty days by filing a petition setting forth the reasons. The document lists eight specific causes for a rehearing. A party could also appeal the final administrative decision by filing a complaint for judicial review.

——————————————————————————–

Essay Questions

Instructions: The following questions are designed to test a deeper understanding of the case. Formulate a comprehensive essay-style response for each.

1. Analyze the conflicting interpretations of the 2015 election presented by the Petitioner and the Respondent. How did the Administrative Law Judge use the “plain language” of Bylaw § 3.02 to resolve this conflict, and what does this reveal about the interpretation of governing documents in legal disputes?

2. Trace the chain of events from the 2012 election to the 2017 dispute. Explain how the board composition, terms of office, and specific actions (like Ms. Ahlstrand’s resignation) compounded to create the disagreement at the heart of this case.

3. Discuss the burden of proof in this administrative hearing. Define “preponderance of the evidence” and explain why the Petitioner, Tom Pyron, failed to meet this standard in the view of the Administrative Law Judge.

4. Examine the roles and authorities of the different entities involved: the homeowners’ association Board, the Arizona Department of Real Estate, the Office of Administrative Hearings, and the Administrative Law Judge. How do these bodies interact to resolve disputes within a planned community?

5. Based on the Final Order, outline the legal recourse available to Tom Pyron following the denial of his petition. What specific grounds for a rehearing are mentioned, and what is the process for further appeal?

——————————————————————————–

Glossary of Key Terms

Definition

Acclamation

A form of election where a candidate is declared elected without opposition, as when Sandra Singer’s election was “unanimously passed by acclamation” in 2014.

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, makes findings of fact, draws conclusions of law, and issues a recommended decision. In this case, the ALJ was Diane Mihalsky.

Arizona Department of Real Estate (“the Department”)

The state agency authorized by statute to receive and decide Petitions for Hearings from members of homeowners’ associations. The Commissioner of the Department, Judy Lowe, issued the Final Order in this case.

Bylaws

The governing documents of the homeowners’ association that outline its rules and procedures, including the number of directors, terms of office, and process for filling vacancies.

Final Order

The binding decision issued by the Commissioner of the Department of Real Estate, which accepts and adopts the Administrative Law Judge’s decision. This order becomes effective and can only be changed by a successful rehearing or judicial appeal.

Office of Administrative Hearings (OAH)

An independent state agency to which the Department of Real Estate refers petitions for an evidentiary hearing.

Petitioner

The party who files a petition initiating a legal action. In this case, the Petitioner was Tom Pyron, a homeowner in the association.

Preponderance of the Evidence

The standard of proof required in this hearing, defined as “proof as convinces the trier of fact that the contention is more probably true than not.” The Petitioner bore this burden to prove the Respondent violated its bylaws.

Recommended Order

The decision and order issued by the Administrative Law Judge following a hearing. In this case, it recommended that the Petitioner’s petition be denied.

Rehearing

A formal request to have a case heard again. The Final Order specifies that a petition for rehearing must be filed within thirty days and may be granted for specific causes, such as newly discovered evidence or an arbitrary decision.

Respondent

The party against whom a petition is filed. In this case, the Respondent was the Cliffs at North Mountain Condominium Association, Inc.

Staggered Terms

A system where not all board members are elected at the same time. As defined in Bylaw § 3.02, the three-person board had terms of one, two, and three years to ensure continuity.

Unexpired Portion of the Prior Director’s Term

The remainder of a board member’s term that an appointee serves after the original member resigns or is removed, as specified in Bylaw § 3.6.

We Read an HOA Lawsuit So You Don’t Have To: 3 Shocking Lessons Hidden in the Bylaws

1. Introduction: The Hidden Drama in Your Community’s Fine Print

If you live in a condominium association or a planned community, you’re familiar with the thick packet of governing documents you received at closing—the Covenants, Conditions & Restrictions (CC&Rs) and the Bylaws. For many, these documents are filed away and forgotten, seen as a collection of mundane rules about trash cans and paint colors. But hidden within that legalese is the complete operating manual for your community, and a simple misunderstanding of its contents can have significant consequences.

What happens when a homeowner’s interpretation of the rules clashes with the association’s? In a case from Arizona involving homeowner Tom Pyron and the Cliffs at North Mountain Condominium Association, the dispute escalated into a formal administrative hearing. The central question was simple: how many board seats were open for election in 2017? But this wasn’t just a procedural disagreement. Court documents reveal that before the hearing, the association offered to re-issue ballots to include all candidates and even “offered to pay Petitioner’s $500 single-issue filing fee if he was satisfied with the proposed resolution.” The homeowner refused.

This decision transforms the case from a simple rules dispute into a cautionary tale about how a deeply held belief can override a pragmatic, no-cost compromise. The official court documents offer a fascinating look at how community governance can go awry, revealing powerful, practical lessons for any homeowner or board member who believes they know what the rules should say.

2. Takeaway 1: Your Beliefs Don’t Overrule the Bylaws

What You Think the Rules Say Doesn’t Matter—Only What They Actually Say

The core of the dispute rested on a belief held by a former board member, Ms. Ahlstrand, who was elected in 2015. She testified that she believed she had been elected to a two-year term. Based on this belief, the petitioner argued that the director appointed to replace her after her resignation should have served until 2017, meaning a two-year position was open for election that year.

The Administrative Law Judge, however, looked not at what anyone believed, but at the “plain language” of the community’s governing documents. The judge’s conclusion was a matter of inescapable logic derived directly from the bylaws:

1. First, Bylaw § 3.02 clearly states that in an election with multiple open seats, “the person receiving the most votes will become the Director with the longest term.”

2. Next, the court record shows that “the parties agreed that… because she got the most votes, Ms. Singer was elected to a three-year term” in the 2015 election.

3. Finally, the judge determined that according to the same bylaw, only the one-year and three-year terms were available in 2015. Since Ms. Singer secured the three-year term, Ms. Ahlstrand, by definition, must have been elected to the only other available position: the one-year term.

The lesson is stark and unambiguous: an individual’s interpretation or assumption, however sincere, cannot change the written rules. The bylaws are the ultimate authority. As the judge stated in the final decision, the documents speak for themselves.

The Bylaws do not allow their plain language to be modified or amended by a member’s understanding.

3. Takeaway 2: The Domino Effect of a Single Resignation

A Single Resignation Can Create Years of Confusion

This entire legal conflict was set in motion by a single, routine event: a board member’s resignation. The timeline of events shows how one small action, when combined with a misunderstanding of the rules, can create a ripple effect with long-lasting consequences.

1. On August 3, 2015, the newly elected board member, Ms. Ahlstrand, resigned.

2. The Board then appointed another member, Jeff Oursland, to serve the remainder of her term, as permitted by the bylaws.

3. The critical point of contention became the length of that “remainder.” Was it the rest of a one-year term ending in 2016, or a two-year term ending in 2017?

4. The judge’s determination that Ahlstrand’s original term was only one year (as explained above) meant that Mr. Oursland’s appointed term correctly expired in 2016. He was then properly elected to a new two-year term at the 2016 meeting.

5. This sequence confirmed that the association was correct all along: only one board position (a one-year term) was actually open for election in 2017.

A single resignation created two years of confusion that ultimately required an administrative hearing to resolve. It’s a powerful reminder of how crucial it is for boards to precisely follow their own procedures, especially when handling vacancies and appointments, as one small error can cascade into years of conflict.

4. Takeaway 3: The Hidden Complexity of “Staggered Terms”

“Staggered Terms” Are Designed for Stability, But Can Cause Chaos

Many associations use staggered terms for their board of directors. The concept, outlined in Bylaw § 3.02 for the Cliffs at North Mountain, is simple: instead of all directors being elected at once, they serve terms of varying lengths (in this case, one, two, and three years). This is a common and effective practice designed to ensure leadership continuity and prevent the entire board from turning over in a single election.

However, this case reveals the hidden downside of that system: complexity. The staggered terms created an election cycle where the available term lengths changed every single year. The court documents show that in 2014, the one-year and two-year positions were on the ballot. In 2015, the one-year and three-year terms were available. This rotating schedule was difficult for members—and apparently even some board members—to track accurately.

This built-in complexity was the root cause of the entire disagreement. The system’s lack of intuitive clarity created the exact conditions necessary for a personal belief, like Ms. Ahlstrand’s, to seem plausible even when it was contrary to the bylaws. The very governance structure intended to create stability inadvertently created the fertile ground for confusion, allowing a misunderstanding to grow into a lawsuit.

5. Conclusion: The Power Is in the Paperwork

The overarching theme from this case is that in the world of community associations, the governing documents are the ultimate source of truth. They are not merely suggestions; they are the binding legal framework that dictates how the community must operate. A board’s actions and a homeowner’s rights are all defined within that paperwork.

In the end, the homeowner’s petition was denied, and the judge’s order affirmed the association’s position. The written rules, as found in the bylaws, prevailed over individual beliefs and interpretations. The case stands as a powerful testament to the importance of reading, understanding, and strictly adhering to your community’s foundational documents.

This entire conflict stemmed from a few lines in a legal document—when was the last time you read yours?

Case Participants

Petitioner Side

Tom Pyron (petitioner)

Respondent Side

B. Austin Baillio (HOA attorney)
Maxwell & Morgan, P.C.
Cynthia Quillen (property manager)
Associated Property Management
Community Manager

Neutral Parties

Diane Mihalsky (ALJ)
Judy Lowe (ADRE commissioner)
Arizona Department of Real Estate
Abby Hansen (coordinator)
HOA Coordinator/Admin Official listed for rehearing requests and transmission

Other Participants

Anne Fugate (witness)
Elected to the Board in 2012
Barbara Ahlstrand (witness)
Elected to the Board in 2015
Kevin Downey (witness)
Candidate for 2017 election
John Haunschild (board member)
Elected to the Board in 2012
Ron Cadaret (board member)
Elected to the Board in 2012, re-elected 2013
Sandra Singer (board member)
Elected to the Board in 2014 and 2015
Jeff Oursland (board member)
Appointed to the Board in 2015, elected 2016
Steve Molever (board member)
Elected to the Board in 2016