Briefing on Barrs v. Desert Ranch Homeowners Association

Executive Summary

This briefing synthesizes the legal proceedings and outcomes of case number 19F-H1918037-REL, a dispute between homeowner Tom Barrs (“Petitioner”) and the Desert Ranch Homeowners Association (“Respondent”). The core issue was the Association’s alleged violation of Arizona Revised Statutes (A.R.S.) § 33-1805 for failing to completely fulfill a records request submitted by the Petitioner on November 1, 2018.

An initial hearing on March 21, 2019, resulted in a decision in favor of the Association. Administrative Law Judge Jenna Clark found that the Petitioner had failed to properly submit his request to all members of the Association’s Board, and therefore the Association’s provision of a summary table did not constitute a statutory violation.

Following an appeal by the Petitioner, a rehearing was held on August 27, 2019. New evidence was introduced demonstrating that the Petitioner had previously been expressly instructed by the Association’s President to direct records requests specifically to the Environmental Design Committee (EDC) Chairman, Brian Schoeffler, a directive the Petitioner followed. Consequently, Judge Clark reversed the initial decision, concluding that the request was properly submitted and the Association’s failure to provide the full records—offering only a summary table—was a clear violation of A.R.S. § 33-1805. The final order granted the Petitioner’s petition, ordered the reimbursement of his $500 filing fee, and levied a $500 civil penalty against the Association.

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Case Overview

Parties Involved

Name/Entity

Key Individuals

Tom Barrs

Petitioner, Homeowner

Represented himself initially; later by Jonathan Dessaules, Esq.

Desert Ranch Homeowners Assoc.

Respondent, HOA

Governed by CC&Rs and a Board of Directors.

Brian Schoeffler

Witness for Respondent

Chairman of the Environmental Design Committee (EDC).

Jenna Clark

Administrative Law Judge

Presided over both the initial hearing and the rehearing.

Catherine Overby

Association President

Appointed Schoeffler as Petitioner’s primary records contact.

Lori Loch-Lee

VP, Associated Asset Management (AAM)

Recipient of records request; AAM acted as the Association’s accounting firm.

Core Legal Issue

The central question adjudicated was whether the Desert Ranch Homeowners Association violated A.R.S. § 33-1805 by failing to fulfill a records request. This statute requires that an association’s records be made “reasonably available for examination” and that a request for copies be fulfilled within ten business days.

Timeline of Key Events

July 19, 2017

Association President Catherine Overby appoints EDC Director Brian Schoeffler as Petitioner’s primary records contact.

November 1, 2018

Petitioner emails a records request to Schoeffler, Overby, and Lori Loch-Lee.

November 18, 2018

The Association provides a summary table of EDC actions, not the full records requested.

December 17, 2018

Petitioner files a formal petition against the Association with the Arizona Department of Real Estate.

March 6, 2019

Petitioner follows up via email, specifying the exact communications and documents he is seeking.

March 11, 2019

Schoeffler responds, asserting the request was fulfilled and directing Petitioner to submit a new one.

March 21, 2019

The first evidentiary hearing is held at the Office of Administrative Hearings (OAH).

April 10, 2019

The initial ALJ Decision is issued, denying the petition.

June 10, 2019

Petitioner submits a successful appeal to the Department.

August 27, 2019

A rehearing is held at the OAH.

September 12, 2019

The final ALJ Decision is issued, reversing the prior decision and ruling in favor of the Petitioner.

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Initial Hearing and Decision (No. 19F-H1918037-REL)

Petitioner’s Position (Tom Barrs)

• On November 1, 2018, Barrs requested “a copy of all EDC actions, written requests, and written approvals from October 2017 through October 2018.”

• The Association’s response on November 18, 2018, was a “summary table listing of some, not all, EDC actions,” which did not include the totality of communications requested.

• Barrs argued the Association willfully failed to comply, citing a similar previous dispute that required OAH adjudication.

• The dispute was clarified to be about the completeness of the response, not its timeliness.

Respondent’s Position (Desert Ranch HOA)

• Represented by Brian Schoeffler, the HOA argued it had fully, though untimelily, complied with the request.

• The core of the defense was that the request was improperly submitted because Barrs only sent it to two of the four Board members.

• Schoeffler reasoned that the Association’s response was guided by a prior OAH decision in a similar case that had been returned in the Association’s favor.

• Schoeffler also stated that fulfilling the more detailed request from March 6, 2019, could be interpreted as an “admission of guilt,” which is why he asked for a new request.

Initial Findings and Order (April 10, 2019)

• Key Finding: The Administrative Law Judge (ALJ) concluded that the Petitioner failed to properly submit his records request to all members of the Association’s Board.

• Legal Conclusion: “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 of ARIZ. REV. STAT. § 33-1805 for providing him with a summary table on November 18, 2018.”

• Order: The Petitioner’s petition was denied. His request for a civil penalty and reimbursement of his filing fee was also denied.

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Rehearing and Final Decision (No. 19F-H1918037-REL-RHG)

Basis for Rehearing

The Petitioner successfully appealed the initial decision, leading the Department of Real Estate to refer the matter back to the OAH for a new evidentiary hearing on the same issue.

New Evidence and Revised Testimony

• Petitioner’s New Evidence: Crucially, the Petitioner introduced evidence (Petitioner Exhibit 11) showing that on July 19, 2017, Association President Catherine Overby had appointed Brian Schoeffler as the Petitioner’s primary records request contact.

• Respondent’s Concession: The Association conceded that its governing documents do not require all Board members to be copied on records requests. It also conceded that its own bylaws regarding the submission of forms for records requests were not adhered to or enforced.

• Persistent Failure to Comply: It was established that as of the date of the rehearing (August 27, 2019), the Petitioner had still not received all of the documentation requested on November 1, 2018.

Final Findings and Order (September 12, 2019)

• Revised Key Finding: The ALJ found that the Petitioner’s request was not required to be sent to all Board members. Instead, the Petitioner had “expressly been instructed to only send his records requests to the Association’s EDC Chairman, Mr. Schoeffler, which he did.”

• Final Legal Conclusion: “Petitioner is correct that the Association did not fully comply with his specific request, and has established by a preponderance of the evidence that the summary table provided by the Association was a violation of ARIZ. REV. STAT. § 33-1805.”

• Final Order:

1. The Petitioner’s petition was granted.

2. The Respondent was ordered to reimburse the Petitioner’s $500.00 filing fee.

3. A civil penalty of $500.00 was levied against the Respondent, payable to the Department of Real Estate.

Key Judicial Quotes

On the Improper Submission Argument (First Decision): “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 of ARIZ. REV. STAT. § 33-1805…”

On the Proper Submission Argument (Final Decision): “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.”

On the Violation (Final Decision): “Petitioner is correct that the Association did not fully comply with his specific request, and has established by a preponderance of the evidence that the summary table provided by the Association was a violation of ARIZ. REV. STAT. § 33-1805.”