Case Summary
| Case ID | 20F-H2019004-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2019-12-04 |
| Administrative Law Judge | Tammy L. Eigenheer |
| Outcome | yes |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Michael D. Pursley | Counsel | — |
|---|---|---|---|
| Respondent | Sycamore Vista No. 7 Homeowners Association, Inc. | Counsel | Maxwell T. Riddiough |
Alleged Violations
A.R.S. § 33-1804(B)
A.R.S. § 33-1805
Outcome Summary
The ALJ ruled in favor of the Petitioner on both counts. It was found that the HOA violated statutes by failing to hold annual meetings in 2017 and 2018 and failing to timely respond to records requests. The HOA was ordered to refund the Petitioner's $1,000.00 filing fee.
Key Issues & Findings
Failure to hold annual meetings
Petitioner alleged Respondent failed to hold annual meetings. Respondent admitted to not holding meetings in 2017 and 2018 due to a belief that a quorum could not be established.
Orders: Violation found. Respondent ordered to comply (implied via prevailing party status).
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
Failure to timely provide records
Petitioner alleged Respondent repeatedly failed to provide requested community documents within the statutory timeframe. Respondent eventually provided documents but not within the required time.
Orders: Violation found.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
Decision Documents
20F-H2019004-REL Decision – 757066.pdf
**Case Summary: Pursley v. Sycamore Vista No. 7 Homeowners Association, Inc.**
**Case No.** 20F-H2019004-REL
**Date of Decision:** December 4, 2019
**Administrative Law Judge:** Tammy L. Eigenheer
**Proceedings and Parties**
The hearing took place on October 18, 2019, before the Arizona Department of Real Estate. The Petitioner, Michael D. Pursley, a member of the Sycamore Vista No. 7 Homeowners Association (HOA), appeared on his own behalf. The Respondent (the HOA) was represented by counsel.
**Key Facts and Arguments**
The dispute centered on two main allegations regarding the HOA's failure to adhere to statutory governance requirements:
1. **Failure to Hold Meetings:** The Petitioner alleged, and the Respondent acknowledged, that the HOA did not hold annual member meetings in 2017 or 2018.
* *Respondent’s Argument:* The HOA argued that because the lots were undeveloped and uninhabited during those years, they believed they could not achieve the necessary quorum to hold a meeting.
2. **Failure to Provide Records:** The Petitioner sent multiple requests for governing documents (CC&Rs, Bylaws, financials) on January 20, April 6, and June 21, 2019.
* *Respondent’s Action:* The HOA's management company eventually emailed the requested documents on June 27, 2019.
* *Legal Standard:* A.R.S. § 33-1805 requires associations to fulfill records requests within 10 business days.
**Legal Issues**
* **A.R.S. § 33-1804(B):** Whether the HOA violated the statutory requirement to hold a member meeting at least once each year.
* **A.R.S. § 33-1805(A):** Whether the HOA failed to make records reasonably available within the statutory timeframe.
**Tribunal Findings and Decision**
The Administrative Law Judge ruled in favor of the Petitioner, concluding that the HOA violated both statutory provisions:
* **Annual Meetings:** The Tribunal found the Petitioner established by a preponderance of the evidence that the HOA failed to hold the required annual meetings in 2017 and 2018.
* **Records Requests:** The Tribunal found the HOA failed to timely respond to the Petitioner’s document requests as required by law, noting that while the Petitioner eventually received the documents, the response was not within the mandated timeframe.
**Final Outcome and Order**
* **Prevailing Party:** The Petitioner was deemed the prevailing party.
* **Monetary Award:** The Respondent was ordered to pay the Petitioner’s filing fee of $1,000.00 within 30 days.
* **Civil Penalty:** The Judge determined that no civil penalty was appropriate in this matter.
Case Participants
Petitioner Side
- Michael D. Pursley (petitioner)
Appeared on his own behalf
Respondent Side
- Maxwell T. Riddiough (respondent representative)
Sycamore Vista No. 7 Homeowners Association, Inc.
Represented the Respondent - Bradley P. Miller (Statutory Agent)
Sycamore Vista No 7 HOA, Inc.
Listed on transmission list
Neutral Parties
- Tammy L. Eigenheer (ALJ)
Office of Administrative Hearings - Judy Lowe (Commissioner)
Arizona Department of Real Estate
Listed on transmission list - Felicia Del Sol (clerk)
Office of Administrative Hearings
Transmitted the decision
