The Administrative Law Judge granted the petition, finding that the Saguaro Crest Homeowners' Association violated ARIZ. REV. STAT. § 33-1812(A)(6). The violation occurred because the Association's governing documents did not permit secret ballots, necessitating that the completed ballot contain the name, address, and signature of the voter, a requirement the distributed ballots failed to meet. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee and comply with the statute henceforth.
Key Issues & Findings
Violation of voting statute requiring name, address, and signature on completed ballot.
Petitioner alleged that the HOA's vote by written ballot was non-compliant because the individual ballots lacked the required name, address, and signature of the voter. The ALJ concluded that since the community documents did not permit secret ballots, the plain language of A.R.S. § 33-1812(A)(6) required the ballot itself (distinct from the envelope) to contain the name, address, and signature, and the HOA failed to meet this requirement.
Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 and henceforth comply with ARIZ. REV. STAT. § 33-1812(A)(6).
Can my HOA use secret ballots where I only sign the envelope?
Short Answer
Only if the community's governing documents explicitly permit secret ballots.
Detailed Answer
Under Arizona law, an HOA cannot use secret ballots (where identification is only on the envelope) unless the community documents specifically permit them. If the documents are silent on the matter, the ballot itself must contain the voter's identification.
Alj Quote
The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter… Nothing in the Association’s governing documents permitted secret ballots.
Legal Basis
ARIZ. REV. STAT. § 33-1812(A)(6)
Topic Tags
voting
ballots
governing documents
Question
What specific information must be written on an HOA ballot?
Short Answer
The ballot must contain the voter's name, address, and signature.
Detailed Answer
Unless secret ballots are authorized by the governing documents, the ballot itself must include three specific items: the voter's name, the voter's address, and the voter's signature.
Alj Quote
Accordingly, the completed ballots in the vote at issue were required to contain the name, address, and signature of the person voting.
Legal Basis
ARIZ. REV. STAT. § 33-1812(A)(6)
Topic Tags
voting
compliance
Question
Does signing my signature count as writing my name on a ballot?
Short Answer
No, a signature and a name are separate legal requirements.
Detailed Answer
The ALJ determined that a signature does not satisfy the requirement to provide a name. The statute lists them separately, meaning both must be present on the ballot.
Alj Quote
Further, the plain language of the statute identifies that each ballot must contain the name, address, and signature of the person voting. The signature is a separate requirement from the name, and the ballot was required to have all three items.
Legal Basis
Statutory Interpretation
Topic Tags
voting
legal definitions
Question
Can the HOA claim the envelope and ballot together count as a 'completed ballot'?
Short Answer
No, the law distinguishes between the ballot itself and the envelope.
Detailed Answer
The HOA cannot argue that the envelope is part of the ballot to satisfy identification requirements when secret ballots are not permitted. The statute treats the ballot and the envelope as distinct items.
Alj Quote
The plan language of the statute delineates between the ballot in a vote and the envelope in a secret ballot vote.
Legal Basis
ARIZ. REV. STAT. § 33-1812
Topic Tags
voting
ballots
Question
Who has to prove that the HOA violated the law in a hearing?
Short Answer
The homeowner (Petitioner) bears the burden of proof.
Detailed Answer
In an administrative hearing, the homeowner filing the complaint must provide enough evidence to prove that it is more likely than not that the HOA violated the statute.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(6).
Legal Basis
Administrative Procedure
Topic Tags
procedure
burden of proof
Question
If I win my case against the HOA, can I get my filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse the filing fee.
Detailed Answer
If the Administrative Law Judge rules in favor of the homeowner, they may order the HOA to reimburse the $500 filing fee paid to the Department of Real Estate.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Administrative Order
Topic Tags
penalties
reimbursement
Question
What agency handles disputes between homeowners and HOAs in Arizona?
Short Answer
The Arizona Department of Real Estate (ADRE) and the Office of Administrative Hearings (OAH).
Detailed Answer
Homeowners can file petitions regarding violations of community documents or statutes with the Department of Real Estate, which are then heard by the Office of Administrative Hearings.
Alj Quote
The Department is authorized by statute to receive and to decide petitions for hearings from members of homeowners’ associations and from homeowners’ associations in Arizona.
Legal Basis
ARIZ. REV. STAT. § 32-2102
Topic Tags
jurisdiction
agencies
Case
Docket No
23F-H030-REL
Case Title
Clifford S. Burnes v. Saguaro Crest Homeowners' Association
Decision Date
2023-04-17
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Questions
Question
Can my HOA use secret ballots where I only sign the envelope?
Short Answer
Only if the community's governing documents explicitly permit secret ballots.
Detailed Answer
Under Arizona law, an HOA cannot use secret ballots (where identification is only on the envelope) unless the community documents specifically permit them. If the documents are silent on the matter, the ballot itself must contain the voter's identification.
Alj Quote
The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter… Nothing in the Association’s governing documents permitted secret ballots.
Legal Basis
ARIZ. REV. STAT. § 33-1812(A)(6)
Topic Tags
voting
ballots
governing documents
Question
What specific information must be written on an HOA ballot?
Short Answer
The ballot must contain the voter's name, address, and signature.
Detailed Answer
Unless secret ballots are authorized by the governing documents, the ballot itself must include three specific items: the voter's name, the voter's address, and the voter's signature.
Alj Quote
Accordingly, the completed ballots in the vote at issue were required to contain the name, address, and signature of the person voting.
Legal Basis
ARIZ. REV. STAT. § 33-1812(A)(6)
Topic Tags
voting
compliance
Question
Does signing my signature count as writing my name on a ballot?
Short Answer
No, a signature and a name are separate legal requirements.
Detailed Answer
The ALJ determined that a signature does not satisfy the requirement to provide a name. The statute lists them separately, meaning both must be present on the ballot.
Alj Quote
Further, the plain language of the statute identifies that each ballot must contain the name, address, and signature of the person voting. The signature is a separate requirement from the name, and the ballot was required to have all three items.
Legal Basis
Statutory Interpretation
Topic Tags
voting
legal definitions
Question
Can the HOA claim the envelope and ballot together count as a 'completed ballot'?
Short Answer
No, the law distinguishes between the ballot itself and the envelope.
Detailed Answer
The HOA cannot argue that the envelope is part of the ballot to satisfy identification requirements when secret ballots are not permitted. The statute treats the ballot and the envelope as distinct items.
Alj Quote
The plan language of the statute delineates between the ballot in a vote and the envelope in a secret ballot vote.
Legal Basis
ARIZ. REV. STAT. § 33-1812
Topic Tags
voting
ballots
Question
Who has to prove that the HOA violated the law in a hearing?
Short Answer
The homeowner (Petitioner) bears the burden of proof.
Detailed Answer
In an administrative hearing, the homeowner filing the complaint must provide enough evidence to prove that it is more likely than not that the HOA violated the statute.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(6).
Legal Basis
Administrative Procedure
Topic Tags
procedure
burden of proof
Question
If I win my case against the HOA, can I get my filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse the filing fee.
Detailed Answer
If the Administrative Law Judge rules in favor of the homeowner, they may order the HOA to reimburse the $500 filing fee paid to the Department of Real Estate.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Administrative Order
Topic Tags
penalties
reimbursement
Question
What agency handles disputes between homeowners and HOAs in Arizona?
Short Answer
The Arizona Department of Real Estate (ADRE) and the Office of Administrative Hearings (OAH).
Detailed Answer
Homeowners can file petitions regarding violations of community documents or statutes with the Department of Real Estate, which are then heard by the Office of Administrative Hearings.
Alj Quote
The Department is authorized by statute to receive and to decide petitions for hearings from members of homeowners’ associations and from homeowners’ associations in Arizona.
Legal Basis
ARIZ. REV. STAT. § 32-2102
Topic Tags
jurisdiction
agencies
Case
Docket No
23F-H030-REL
Case Title
Clifford S. Burnes v. Saguaro Crest Homeowners' Association
Decision Date
2023-04-17
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Clifford S. Burnes(petitioner) Saguaro Crest Homeowners' Association Also referred to as Clifford (Norm) Burnes and Clifford Barnes. Appeared pro se, testified on his own behalf.
Respondent Side
John T. Crotty(HOA attorney) LAW OFFICES OF COLLIN T. WELCH Represented Saguaro Crest Homeowners' Association. Referred to as Mr. Kate in transcript.
Esmeralda Serena Ayala-Martinez(HOA board president / witness) Saguaro Crest Homeowners' Association Also referred to as Serena Martinez. Called as witness by Petitioner.
David Medil(board member) Saguaro Crest Homeowners' Association Listed as a board member in testimony (also referred to as 'Dave Matt').
Joseph Martinez(board member) Saguaro Crest Homeowners' Association Listed as a board member in testimony (also referred to as 'Joseph Mar Martinez').
Neutral Parties
Tammy L. Eigenheer(ALJ) Office of Administrative Hearings Also referred to as Tammy Igenir.
Susan Nicolson(Commissioner) Arizona Department of Real Estate
A. Hansen(ADRE Staff Recipient) Arizona Department of Real Estate Recipient of case transmission.
V. Nunez(ADRE Staff Recipient) Arizona Department of Real Estate Recipient of case transmission.
D. Jones(ADRE Staff Recipient) Arizona Department of Real Estate Recipient of case transmission.
L. Abril(ADRE Staff Recipient) Arizona Department of Real Estate Recipient of case transmission.
Other Participants
Carolyn Wesen Mo(observer) Member of the public Present during the hearing.
Collin T. Welch(Attorney (Firm Principal)) LAW OFFICES OF COLLIN T. WELCH Name appears in firm name affiliation of Respondent's counsel.
The Administrative Law Judge denied the petition, finding that the Petitioner failed to meet the burden of proof that the Saguaro Crest Homeowners Association violated Article 2.1 of the Bylaws by not holding elections. The Bylaw states the annual meeting is for the purpose of 'electing or announcing the results of the election of Directors' and transacting 'other business' (which included dissolution), and the HOA was not required to hold elections if results could have been announced or if dissolution proceedings were underway.
Why this result: The Bylaws did not strictly require elections be held, and Petitioner failed to object to the board remaining in place to oversee the dissolution.
Key Issues & Findings
Annual meeting
Petitioner alleged the HOA violated Article 2.1 of the Bylaws by failing to hold Board of Directors elections at the 2021 annual meeting. Respondent argued the language ('for the purpose of electing or announcing the results') did not require elections and that the dissolution vote superseded the immediate need for elections, especially since no one objected at the meeting.
Orders: Petitioner’s petition was denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
Cited:
ARIZ. REV. STAT. § 32-2102
ARIZ. REV. STAT. § 32-2199 et seq.
ARIZ. REV. STAT. § 32-2199.05
ARIZ. REV. STAT. § 32-2199(2)
ARIZ. REV. STAT. § 32-2199.01(A)
ARIZ. REV. STAT. § 32-2199.01(D)
ARIZ. REV. STAT. § 32-2199.02
ARIZ. REV. STAT. § 41-1092 et seq.
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
ARIZ. ADMIN. CODE R2-19-119
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
Tierra Ranchos Homeowners Ass'n v. Kitchukov, 216 Ariz. 195, 165 P.3d 173 (App. 2007)
MORRIS K. UDALL, ARIZONA LAW OF EVIDENCE § 5 (1960)
BLACK’S LAW DICTIONARY 1220 (8th ed. 1999)
Video Overview
Decision Documents
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23F-H031-REL Decision – 1049021.pdf
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23F-H031-REL
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These sources document a legal dispute between Clifford S. Burnes and the Saguaro Crest Homeowners’ Association regarding an alleged violation of community bylaws. The conflict centers on a December 2021 annual meeting where the association voted to dissolve the organization but did not hold new elections for its leadership. Burnes argued that Article 2.1 of the bylaws mandated an election, while the association maintained that the dissolution vote rendered new elections unnecessary. An administrative hearing transcript captures the testimony of both parties, highlighting disagreements over meeting procedures and the legal interpretation of governing documents. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that no mandatory election requirement was violated. The final decision emphasizes that the petitioner failed to object during the meeting and did not meet the burden of proof for his claims.
What are the legal arguments for and against dissolving the HOA?
How did the judge interpret the ‘purpose’ of the annual meeting?
Explain the role of the Arizona Office of Administrative Hearings.
Thursday, February 12
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Today • 2:17 PM
Video Overview
Mind Map
Reports
Flashcards
Quiz
Infographic
Slide Deck
Data Table
Blog Post – 23F-H031-REL
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1035344.pdf
1045278.aac
1049021.pdf
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23F-H031-REL
3 sources
These sources document a legal dispute between Clifford S. Burnes and the Saguaro Crest Homeowners’ Association regarding an alleged violation of community bylaws. The conflict centers on a December 2021 annual meeting where the association voted to dissolve the organization but did not hold new elections for its leadership. Burnes argued that Article 2.1 of the bylaws mandated an election, while the association maintained that the dissolution vote rendered new elections unnecessary. An administrative hearing transcript captures the testimony of both parties, highlighting disagreements over meeting procedures and the legal interpretation of governing documents. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that no mandatory election requirement was violated. The final decision emphasizes that the petitioner failed to object during the meeting and did not meet the burden of proof for his claims.
What are the legal arguments for and against dissolving the HOA?
How did the judge interpret the ‘purpose’ of the annual meeting?
Explain the role of the Arizona Office of Administrative Hearings.
Thursday, February 12
Save to note
Today • 2:17 PM
Video Overview
Mind Map
Reports
Flashcards
Quiz
Infographic
Slide Deck
Data Table
Case Participants
Petitioner Side
Clifford S. Burnes(petitioner) Saguaro Crest Homeowners' Association Member Also referred to as Clifford (Norm) Burnes.
Respondent Side
John T. Crotty(HOA attorney) Saguaro Crest Homeowners' Association
Esmerina Martinez(board member) Saguaro Crest Homeowners' Association President; referred to as Serena Martinez or Esmerelda Martinez in sources.
Dave Madill(board member) Saguaro Crest Homeowners' Association Vice President; referred to as Dave Matt or Dave Mel in testimony.
Joseph Martinez(board member) Saguaro Crest Homeowners' Association
Neutral Parties
Adam D. Stone(ALJ) OAH
Susan Nicolson(Commissioner) Arizona Department of Real Estate
AHansen(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
vnunez(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
djones(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
labril(ADRE staff) Arizona Department of Real Estate Recipient of official transmittal.
The ALJ granted the Petitioner's petition, finding the Respondent HOA violated A.R.S. § 33-1805 by requiring the Petitioner to inspect records before providing copies and failing to comply with the 10-day statutory deadline. The HOA was ordered to reimburse the Petitioner's $500.00 filing fee.
Key Issues & Findings
Failure to fulfill records request
Petitioner alleged the Association failed to fulfill his request for copies of records within the statutory 10-day period because the Association improperly required him to inspect the documents first. The ALJ found the Association violated A.R.S. § 33-1805, as the statute does not permit an HOA to mandate prior inspection before providing requested copies.
Orders: Petition granted. Respondent ordered to reimburse Petitioner's filing fee of $500.00 in certified funds and ordered to henceforth comply with ARIZ. REV. STAT. § 33-1805.
State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
U.S. Parking v. City of Phoenix, 160 Ariz. 210, 772 P.2d 33 (App. 1989)
Deer Valley, v. Houser, 214 Ariz. 293, 296, 152 P.3d 490, 493 (2007)
ARIZ. REV. STAT. §32-2199.02(B)
ARIZ. REV. STAT. § 32-2199.04
ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
22F-H2221010-REL Decision – 930949.pdf
Uploaded 2026-01-23T17:40:34 (139.0 KB)
Questions
Question
Can my HOA force me to inspect records in person before they will provide me with copies?
Short Answer
No. The HOA cannot require an in-person inspection as a prerequisite to providing copies.
Detailed Answer
The Administrative Law Judge ruled that Arizona statute allows homeowners to request copies directly. While the HOA can make records available for inspection, they cannot force a member to inspect them first if the member has requested copies. Doing so violates the statutory requirement to provide copies within ten business days.
Alj Quote
Nothing in ARIZ. REV. STAT. § 33-1805 can be read to permit an HOA to require members to first inspect records before it provides copies of records requested by members.
Legal Basis
A.R.S. § 33-1805
Topic Tags
records request
inspection
homeowner rights
Question
How many days does the HOA have to provide copies of records I requested?
Short Answer
The HOA must provide copies within 10 business days.
Detailed Answer
Under Arizona law, once a member requests to purchase copies of records, the association has a strict deadline of ten business days to fulfill that request.
Alj Quote
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
Legal Basis
A.R.S. § 33-1805
Topic Tags
deadlines
records request
HOA obligations
Question
What is the maximum amount the HOA can charge me for copies of records?
Short Answer
The HOA cannot charge more than 15 cents per page.
Detailed Answer
The statute limits the fee an association may charge for copying records to a maximum of fifteen cents per page.
Alj Quote
An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records request
costs
Question
Can the HOA charge me a fee just to look at or review records?
Short Answer
No. The HOA cannot charge for making materials available for review.
Detailed Answer
While the HOA can charge for copies, they are explicitly prohibited from charging a member for the act of making the material available for examination/review.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records review
homeowner rights
Question
If I win my hearing against the HOA, can I get my $500 filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse your filing fee.
Detailed Answer
In this case, because the homeowner prevailed in proving the violation, the Administrative Law Judge ordered the HOA to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Order
Topic Tags
reimbursement
penalties
legal costs
Question
Can I authorize someone else to look at the HOA records for me?
Short Answer
Yes, if you designate them in writing.
Detailed Answer
The statute allows records to be examined by the member or any person the member designates in writing as their representative.
Alj Quote
…all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
Legal Basis
A.R.S. § 33-1805
Topic Tags
representation
records request
homeowner rights
Question
What standard of proof do I need to meet to win a case against my HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The petitioner (homeowner) must prove that their contention is more probably true than not. It requires superior evidentiary weight, though not necessarily freedom from all doubt.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.
Legal Basis
Legal Standard
Topic Tags
burden of proof
legal standards
hearing procedure
Question
Is it a valid excuse if the HOA says mailing the records to the wrong name/address was just a mistake?
Short Answer
No. If the HOA has the correct legal name and address on file, mailing to a nickname or wrong address does not satisfy the requirement to provide records on time.
Detailed Answer
The HOA attempted to shift blame to the homeowner for using a nickname in emails, but the judge noted the HOA had the official member list with the legal name. Failing to use the correct information resulted in a violation of the 10-day deadline.
Alj Quote
Respondent cannot be said to have provided Petitioner with copies of the records he requested within 10 days of his request.
Legal Basis
A.R.S. § 33-1805
Topic Tags
excuses
mailing
HOA obligations
Case
Docket No
22F-H2221010-REL
Case Title
Clifford Burnes vs. Saguaro Crest Homeowners Association, Inc.
Decision Date
2021-12-09
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Questions
Question
Can my HOA force me to inspect records in person before they will provide me with copies?
Short Answer
No. The HOA cannot require an in-person inspection as a prerequisite to providing copies.
Detailed Answer
The Administrative Law Judge ruled that Arizona statute allows homeowners to request copies directly. While the HOA can make records available for inspection, they cannot force a member to inspect them first if the member has requested copies. Doing so violates the statutory requirement to provide copies within ten business days.
Alj Quote
Nothing in ARIZ. REV. STAT. § 33-1805 can be read to permit an HOA to require members to first inspect records before it provides copies of records requested by members.
Legal Basis
A.R.S. § 33-1805
Topic Tags
records request
inspection
homeowner rights
Question
How many days does the HOA have to provide copies of records I requested?
Short Answer
The HOA must provide copies within 10 business days.
Detailed Answer
Under Arizona law, once a member requests to purchase copies of records, the association has a strict deadline of ten business days to fulfill that request.
Alj Quote
On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.
Legal Basis
A.R.S. § 33-1805
Topic Tags
deadlines
records request
HOA obligations
Question
What is the maximum amount the HOA can charge me for copies of records?
Short Answer
The HOA cannot charge more than 15 cents per page.
Detailed Answer
The statute limits the fee an association may charge for copying records to a maximum of fifteen cents per page.
Alj Quote
An association may charge a fee for making copies of not more than fifteen cents per page.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records request
costs
Question
Can the HOA charge me a fee just to look at or review records?
Short Answer
No. The HOA cannot charge for making materials available for review.
Detailed Answer
While the HOA can charge for copies, they are explicitly prohibited from charging a member for the act of making the material available for examination/review.
Alj Quote
The association shall not charge a member or any person designated by the member in writing for making material available for review.
Legal Basis
A.R.S. § 33-1805
Topic Tags
fees
records review
homeowner rights
Question
If I win my hearing against the HOA, can I get my $500 filing fee back?
Short Answer
Yes, the judge can order the HOA to reimburse your filing fee.
Detailed Answer
In this case, because the homeowner prevailed in proving the violation, the Administrative Law Judge ordered the HOA to reimburse the filing fee.
Alj Quote
IT IS FURTHER ORDERED that Respondent reimburse Petitioner’s filing fee of $500.00 in certified funds.
Legal Basis
Order
Topic Tags
reimbursement
penalties
legal costs
Question
Can I authorize someone else to look at the HOA records for me?
Short Answer
Yes, if you designate them in writing.
Detailed Answer
The statute allows records to be examined by the member or any person the member designates in writing as their representative.
Alj Quote
…all financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.
Legal Basis
A.R.S. § 33-1805
Topic Tags
representation
records request
homeowner rights
Question
What standard of proof do I need to meet to win a case against my HOA?
Short Answer
Preponderance of the evidence.
Detailed Answer
The petitioner (homeowner) must prove that their contention is more probably true than not. It requires superior evidentiary weight, though not necessarily freedom from all doubt.
Alj Quote
In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.
Legal Basis
Legal Standard
Topic Tags
burden of proof
legal standards
hearing procedure
Question
Is it a valid excuse if the HOA says mailing the records to the wrong name/address was just a mistake?
Short Answer
No. If the HOA has the correct legal name and address on file, mailing to a nickname or wrong address does not satisfy the requirement to provide records on time.
Detailed Answer
The HOA attempted to shift blame to the homeowner for using a nickname in emails, but the judge noted the HOA had the official member list with the legal name. Failing to use the correct information resulted in a violation of the 10-day deadline.
Alj Quote
Respondent cannot be said to have provided Petitioner with copies of the records he requested within 10 days of his request.
Legal Basis
A.R.S. § 33-1805
Topic Tags
excuses
mailing
HOA obligations
Case
Docket No
22F-H2221010-REL
Case Title
Clifford Burnes vs. Saguaro Crest Homeowners Association, Inc.
Decision Date
2021-12-09
Alj Name
Tammy L. Eigenheer
Tribunal
OAH
Agency
ADRE
Case Participants
Petitioner Side
Clifford Burnes(petitioner) Appeared on his own behalf; also identified as Clifford (Norm) Burnes or Norm Burnes,,,.
Respondent Side
John T. Crotty(respondent attorney) Farley, Choate & Wood Represented Saguaro Crest Homeowners Association,,.
Neutral Parties
Jenna Clark(ALJ) Listed as Administrative Law Judge.
Tammy L. Eigenheer(ALJ) Signed the Administrative Law Judge Decision.
Louis Dettorre(Commissioner) Arizona Department of Real Estate Recipient of transmission of the Decision.
AHansen(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
djones(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
DGardner(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
vnunez(ADRE staff) Arizona Department of Real Estate Email contact listed for transmission ([email protected]).
Other Participants
Joseph Martinez(unknown) Petitioner verbally notified him regarding the undelivered certified mail package.
