Tag Archives: Quinten T. Cupps

Michael E Palacios v. El Rio Community Association

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Case Summary

Case ID 21F-H2121053-REL
Agency ADRE
Tribunal OAH
Decision Date 2021-08-13
Administrative Law Judge Adam D. Stone
Outcome false
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Michael E Palacios Counsel —
Respondent El Rio Community Association Counsel Quinten T. Cupps

Alleged Violations

ARIZ. REV. STAT. § 33-1805; Association Bylaws Article 11.3

Outcome Summary

The Administrative Law Judge denied the petition in its entirety, concluding that the Petitioner failed to meet the burden of proof required to show that the El Rio Community Association violated statutory or community document requirements regarding access to records.

Why this result: Petitioner failed to prove the alleged violations by a preponderance of the evidence.

Key Issues & Findings

Failure to fulfill a records request

Petitioner, a member and Board Director, requested to inspect Association books and records on March 30, 2021. Petitioner alleged the Association failed to completely fulfill the request. The ALJ determined that Petitioner failed to meet the burden of proof to demonstrate a violation of the governing statute or bylaws.

Orders: Petitioner's petition and request to levy a civil penalty against Respondent were denied. Respondent was not ordered to reimburse Petitioner's filing fee.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • Association Bylaws Article 11.3

Analytics Highlights

Topics: Records Request, HOA Bylaws, A.R.S. 33-1805
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • Association Bylaws Article 11.3
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et al.
  • 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. § 33-1804
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • 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

21F-H2121053-REL Decision – 904187.pdf

Uploaded 2026-01-23T17:38:10 (114.1 KB)

Questions

Question

How long does my HOA have to fulfill a request to examine records?

Short Answer

The HOA has ten business days to fulfill a request for examination.

Detailed Answer

According to Arizona statute, an association is granted a period of ten business days to comply with a member's request to examine financial and other records.

Alj Quote

The association shall have ten business days to fulfill a request for examination.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • records request
  • timelines
  • HOA obligations

Question

Can the HOA charge me a fee to simply look at the books and records?

Short Answer

No, the HOA cannot charge a member for making material available for review.

Detailed Answer

State law prohibits the association from charging a member (or their designated representative) any fee for the act of making records available for inspection.

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(A)

Topic Tags

  • records request
  • fees
  • homeowner rights

Question

How much can the HOA charge me if I want copies of the records?

Short Answer

The HOA may charge up to fifteen cents per page for copies.

Detailed Answer

While review is free, if a member requests physical copies of records, the association is legally permitted to charge a fee, capped at 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(A)

Topic Tags

  • records request
  • fees
  • copies

Question

Is the HOA allowed to withhold certain records from me?

Short Answer

Yes, specific categories of records, such as privileged attorney communications or employee records, can be withheld.

Detailed Answer

The law provides exceptions to disclosure for sensitive information, including privileged attorney-client communications, pending litigation, closed session minutes, and personal or financial records of individual members or employees.

Alj Quote

Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to… Privileged communication between an attorney for the association and the association.

Legal Basis

A.R.S. § 33-1805(B)

Topic Tags

  • records request
  • exclusions
  • privacy

Question

Can I see records regarding complaints against specific HOA employees?

Short Answer

No, records regarding specific complaints against individual employees can be withheld.

Detailed Answer

The HOA is not required to disclose records that relate to specific complaints against an individual employee of the association or a contractor.

Alj Quote

Records relating to… specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association [may be withheld].

Legal Basis

A.R.S. § 33-1805(B)(5)

Topic Tags

  • records request
  • employees
  • privacy

Question

What standard of proof do I need to meet to win a dispute hearing against my HOA?

Short Answer

You must prove your case by a 'preponderance of the evidence.'

Detailed Answer

The petitioner (homeowner) bears the burden of proof. This means you must provide enough evidence to convince the judge that your claim is more probably true than not.

Alj Quote

Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.

Legal Basis

Conclusion of Law 3

Topic Tags

  • hearing procedure
  • burden of proof
  • legal standards

Question

If I believe documents are missing from my request, is my belief enough to prove a violation?

Short Answer

No, you must present credible evidence that the specific undisclosed documents actually exist.

Detailed Answer

Merely alleging that documents are missing is insufficient. The homeowner must provide credible evidence demonstrating that the documents requested actually exist and were withheld.

Alj Quote

Petitioner presented no credible evidence that documents existed which were not disclosed.

Legal Basis

Findings of Fact 18

Topic Tags

  • evidence
  • records request
  • burden of proof

Question

Does an HOA Director have different inspection rights than a regular homeowner?

Short Answer

Yes, Directors generally have an absolute right to inspect all books and records at any reasonable time.

Detailed Answer

Association bylaws often grant Directors broader access than general members, allowing them the absolute right to inspect all documents and physical properties at reasonable times.

Alj Quote

Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association.

Legal Basis

Association Bylaws Article 11.3

Topic Tags

  • board members
  • directors
  • inspection rights

Case

Docket No
21F-H2121053-REL
Case Title
Michael E Palacios vs. El Rio Community Association
Decision Date
2021-08-13
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Questions

Question

How long does my HOA have to fulfill a request to examine records?

Short Answer

The HOA has ten business days to fulfill a request for examination.

Detailed Answer

According to Arizona statute, an association is granted a period of ten business days to comply with a member's request to examine financial and other records.

Alj Quote

The association shall have ten business days to fulfill a request for examination.

Legal Basis

A.R.S. § 33-1805(A)

Topic Tags

  • records request
  • timelines
  • HOA obligations

Question

Can the HOA charge me a fee to simply look at the books and records?

Short Answer

No, the HOA cannot charge a member for making material available for review.

Detailed Answer

State law prohibits the association from charging a member (or their designated representative) any fee for the act of making records available for inspection.

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(A)

Topic Tags

  • records request
  • fees
  • homeowner rights

Question

How much can the HOA charge me if I want copies of the records?

Short Answer

The HOA may charge up to fifteen cents per page for copies.

Detailed Answer

While review is free, if a member requests physical copies of records, the association is legally permitted to charge a fee, capped at 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(A)

Topic Tags

  • records request
  • fees
  • copies

Question

Is the HOA allowed to withhold certain records from me?

Short Answer

Yes, specific categories of records, such as privileged attorney communications or employee records, can be withheld.

Detailed Answer

The law provides exceptions to disclosure for sensitive information, including privileged attorney-client communications, pending litigation, closed session minutes, and personal or financial records of individual members or employees.

Alj Quote

Books and records kept by or on behalf of the association and the board may be withheld from disclosure to the extent that the portion withheld relates to… Privileged communication between an attorney for the association and the association.

Legal Basis

A.R.S. § 33-1805(B)

Topic Tags

  • records request
  • exclusions
  • privacy

Question

Can I see records regarding complaints against specific HOA employees?

Short Answer

No, records regarding specific complaints against individual employees can be withheld.

Detailed Answer

The HOA is not required to disclose records that relate to specific complaints against an individual employee of the association or a contractor.

Alj Quote

Records relating to… specific complaints against an individual employee of the association or an individual employee of a contractor of the association who works under the direction of the association [may be withheld].

Legal Basis

A.R.S. § 33-1805(B)(5)

Topic Tags

  • records request
  • employees
  • privacy

Question

What standard of proof do I need to meet to win a dispute hearing against my HOA?

Short Answer

You must prove your case by a 'preponderance of the evidence.'

Detailed Answer

The petitioner (homeowner) bears the burden of proof. This means you must provide enough evidence to convince the judge that your claim is more probably true than not.

Alj Quote

Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.

Legal Basis

Conclusion of Law 3

Topic Tags

  • hearing procedure
  • burden of proof
  • legal standards

Question

If I believe documents are missing from my request, is my belief enough to prove a violation?

Short Answer

No, you must present credible evidence that the specific undisclosed documents actually exist.

Detailed Answer

Merely alleging that documents are missing is insufficient. The homeowner must provide credible evidence demonstrating that the documents requested actually exist and were withheld.

Alj Quote

Petitioner presented no credible evidence that documents existed which were not disclosed.

Legal Basis

Findings of Fact 18

Topic Tags

  • evidence
  • records request
  • burden of proof

Question

Does an HOA Director have different inspection rights than a regular homeowner?

Short Answer

Yes, Directors generally have an absolute right to inspect all books and records at any reasonable time.

Detailed Answer

Association bylaws often grant Directors broader access than general members, allowing them the absolute right to inspect all documents and physical properties at reasonable times.

Alj Quote

Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association.

Legal Basis

Association Bylaws Article 11.3

Topic Tags

  • board members
  • directors
  • inspection rights

Case

Docket No
21F-H2121053-REL
Case Title
Michael E Palacios vs. El Rio Community Association
Decision Date
2021-08-13
Alj Name
Adam D. Stone
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Michael E Palacios (petitioner)
    Property owner and member of the Association; was appointed to the Board,

Respondent Side

  • Quinten T. Cupps (HOA attorney)
    Represented El Rio Community Association
  • Denise Ferreira (property manager, witness)
    D & E Management
    Owns D & E Management and was the manager for the Association

Neutral Parties

  • Adam D. Stone (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate

Richard P Quinn vs. Homestead North Homeowners Association

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Case Summary

Case ID 20F-H2019040-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-05-05
Administrative Law Judge Tammy L. Eigenheer
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Richard P. Quinn Counsel —
Respondent Homestead North Homeowners Association Counsel Quinten T. Cupps

Alleged Violations

Bylaws Article III, Section III, Item 4

Outcome Summary

The ALJ dismissed the petition. The ruling clarified that while the Bylaws mention automatic resignation for delinquency, it is only effective upon Board acceptance. The Petitioner's attempt to accept the resignation via email did not constitute a valid Board action/vote.

Why this result: The Bylaws explicitly state resignation is effective when the Board accepts it. The Petitioner's email action was not a valid Board act under the Bylaws regarding meetings and quorums.

Key Issues & Findings

Failure to accept automatic resignation of delinquent director

Petitioner alleged that a Board member's delinquency constituted an automatic resignation under the Bylaws and that he, as a Board member, accepted it via email. The ALJ determined that the Bylaws require the Board to accept the resignation for it to be effective. The Petitioner's email did not constitute an act of the Board as it was not done at a duly held meeting with a quorum.

Orders: Petitioner's petition is dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • Bylaws Article III, Section 4
  • Bylaws Article III, Section 9

Decision Documents

20F-H2019040-REL Decision – 787679.pdf

Uploaded 2026-02-13T17:29:30 (108.8 KB)

**Case Summary: Richard P. Quinn vs. Homestead North Homeowners Association**
**Case No.:** 20F-H2019040-REL
**Date:** May 5, 2020

**Overview**
This Administrative Law Judge Decision concerns a Homeowners Association (HOA) Dispute Process Petition filed by Richard P. Quinn (Petitioner) against Homestead North Homeowners Association (Respondent). The dispute centered on whether a Board member, Karen Igo, had been automatically removed from her position due to alleged delinquent assessments. The case was decided via written briefs in lieu of an in-person hearing.

**Key Facts**
* **The Debt:** On March 13, 2019, a "Wall Charge" of $3,925.00 was posted to the account of Board member Karen Igo. Between April and October 2019, Ms. Igo made regular payments, paying the balance in full by October 21, 2019.
* **Petitioner's Actions:** Petitioner, also a Board member, contended that Ms. Igo’s debt triggered an automatic resignation under the Bylaws. On October 18, 2019, Petitioner sent an email to the Board stating he "accepted" Ms. Igo’s resignation. He argued that because no other Board members responded to the email, his solitary vote constituted a majority acceptance.
* **Bylaws Provisions:**
* *Article III, Section 4:* States that a director's delinquency constitutes a resignation which is "effective when the Board of Directors accepts such resignation".
* *Article III, Section 9:* Defines a valid act of the Board as a decision made by a majority of directors present at a "duly held meeting" where a quorum is present.

**Main Legal Issues**
The proceedings were bifurcated to address a specific legal question: **Did the Board accept the resignation?**. The Petitioner bore the burden of proving by a preponderance of the evidence that the Board had validly accepted Ms. Igo's resignation.

**Legal Analysis & Findings**
Administrative Law Judge Tammy L. Eigenheer ruled against the Petitioner based on the plain language of the Association's Bylaws:
1. **Effectiveness of Resignation:** The Judge affirmed that under Article III, Section 4, a resignation based on delinquency is not automatic; it requires Board acceptance to become effective.
2. **Invalidity of Email Action:** The Judge determined that Petitioner’s email did not constitute a "duly held meeting" of the Board. Consequently, an email correspondence could not establish a quorum, and the Petitioner’s "vote" could not be considered a majority decision or a valid act of the Board.
3. **Lack of Quorum:** The Petitioner failed to provide evidence that a quorum of the Board ever voted to accept Ms. Igo’s resignation at a proper meeting.

**Outcome**
The Judge found that Petitioner failed to prove the Board accepted the resignation. As the acceptance condition in the Bylaws was never met, the resignation was not effective. The petition was dismissed.

Case Participants

Petitioner Side

  • Richard P. Quinn (Petitioner)
    Homestead North Homeowners Association (Board Member)
    Appeared on his own behalf; member of the Board

Respondent Side

  • Quinten T. Cupps (Respondent Attorney)
    Represented Homestead North Homeowners Association
  • Karen Igo (Board member)
    Homestead North Homeowners Association
    Subject of the resignation dispute; had delinquent 'Wall Charge'

Neutral Parties

  • Tammy L. Eigenheer (ALJ)
    Office of Administrative Hearings
    Administrative Law Judge
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
    Recipient of the order