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
- ARIZ. REV. STAT. § 33-1805
- ARIZ. REV. STAT. § 32-2199.01
- ARIZ. REV. STAT. § 32-2199.02(A)
Analytics Highlights
- 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-RHG Decision – 737525.pdf
19F-H1918037-REL-RHG Decision – ../19F-H1918037-REL/700566.pdf
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.”
Study Guide: Barrs v. Desert Ranch Homeowners Association
This study guide provides a comprehensive review of the administrative legal case Tom Barrs v. Desert Ranch Homeowners Association, Docket No. 19F-H1918037-REL. It covers the initial hearing, the subsequent rehearing, the key arguments, the relevant statutes, and the final outcome of the dispute. The case centers on a homeowner’s records request and the association’s legal obligations under Arizona state law.
Short-Answer Quiz
Instructions: Answer the following questions in two to three sentences, drawing all information from the provided case documents.
1. Who are the Petitioner and Respondent in this case, and what is their relationship?
2. What was the central legal issue presented for adjudication at the Office of Administrative Hearings?
3. What specific records did the Petitioner, Tom Barrs, request from the Association on November 1, 2018?
4. What was the Association’s initial response to the Petitioner’s records request, and when was it provided?
5. What was the outcome of the first hearing on March 21, 2019, as detailed in the decision issued on April 10, 2019?
6. Why did the Administrative Law Judge initially rule in favor of the Respondent?
7. What new evidence presented at the rehearing on August 27, 2019, proved critical to reversing the initial decision?
8. According to Arizona Revised Statute § 33-1805, what is the time frame for an association to fulfill a request for examination or copies of records?
9. What was the final outcome of the case after the rehearing, as ordered on September 12, 2019?
10. What specific penalties and reimbursements were levied against the Respondent in the final order?
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Answer Key
1. The Petitioner is Tom Barrs, a property owner in the Desert Ranch subdivision and a member of its homeowners’ association. The Respondent is the Desert Ranch Homeowners Association (“the Association”), the governing body for the subdivision.
2. The central issue was whether the Desert Ranch Homeowners Association violated Arizona Revised Statute (A.R.S.) § 33-1805 by failing to properly and completely fulfill a records request submitted by the Petitioner.
3. The Petitioner requested a copy of all Environmental Design Committee (EDC) actions, written requests, and written approvals from October 2017 through October 2018. He later clarified this included communications like letters, emails, and application forms related to specific EDC decisions.
4. On November 18, 2018, the Association provided the Petitioner with a summary table listing some EDC actions. This response did not include the full scope of communications and underlying documents that the Petitioner had requested.
5. Following the first hearing, the Administrative Law Judge denied the Petitioner’s petition. The judge ruled that the Association’s conduct did not violate A.R.S. § 33-1805, denied the request for a civil penalty, and ordered that the Association did not have to reimburse the Petitioner’s filing fee.
6. The judge initially ruled for the Respondent because the evidence suggested the Petitioner had failed to properly submit his request to all members of the Association’s Board. This procedural error was seen as the reason the Association’s response (the summary table) was not a violation of the statute.
7. At the rehearing, evidence was introduced showing that on July 19, 2017, the Association’s President had explicitly appointed Brian Schoeffler, the EDC Chairman, as the Petitioner’s primary records request contact. This demonstrated that the Petitioner was not required to send his request to all Board members and had followed prior instructions correctly.
8. A.R.S. § 33-1805 states that an association has ten business days to fulfill a request for examination of records. It also specifies that the association has ten business days to provide copies of requested records upon request.
9. After the rehearing, the Administrative Law Judge granted the Petitioner’s petition. The judge concluded that the Association’s conduct did violate A.R.S. § 33-1805 by providing only a summary table instead of the full records requested.
10. In the final order, the Respondent was ordered to reimburse the Petitioner’s $500.00 filing fee. Additionally, a civil penalty of $500.00 was levied against the Respondent, payable to the Arizona Department of Real Estate.
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Essay Questions
Instructions: The following questions are designed to test a deeper, more analytical understanding of the case. Formulate a detailed response for each, synthesizing facts and arguments presented in the source documents.
1. Compare and contrast the findings of fact and conclusions of law from the first hearing (April 10, 2019 decision) with those from the rehearing (September 12, 2019 decision). What specific evidence or legal reasoning led to the reversal of the initial order?
2. Analyze the arguments presented by both the Petitioner, Tom Barrs, and the Respondent’s representative, Brian Schoeffler. Discuss the strengths and weaknesses of each party’s position across both hearings.
3. Explain the role and significance of Arizona Revised Statute § 33-1805 in this case. How did the interpretation of the Association’s obligations under this statute differ between the initial ruling and the final ruling?
4. Trace the timeline of events from the initial records request on November 1, 2018, to the final order on September 12, 2019. Highlight the key communications and procedural steps that influenced the case’s progression and ultimate outcome.
5. Discuss the legal standard of “preponderance of the evidence” as it is defined in the case documents. How did the Petitioner successfully meet this burden of proof in the rehearing after failing to do so in the initial hearing?
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Glossary of Key Terms
Definition
Administrative Law Judge (ALJ)
An independent judge who presides over administrative hearings, reviews evidence, makes findings of fact and conclusions of law, and issues orders. In this case, the ALJ was Jenna Clark.
A.R.S. § 33-1805
The section of the Arizona Revised Statutes that governs the rights of homeowners’ association members to access association records. It mandates that records be made “reasonably available for examination” and establishes a ten-business-day deadline for associations to fulfill such requests.
Associated Asset Management (AAM)
The management company that served as the Association’s accounting firm. Petitioner was at one point instructed to direct requests to an AAM representative.
Board of Directors (the Board)
The group that oversees the Desert Ranch Homeowners Association. The dispute involved questions about whether a records request needed to be sent to all members of the Board.
Covenants, Conditions, and Restrictions (CC&Rs)
The governing documents for the Desert Ranch Homeowners Association.
Environmental Design Committee (EDC)
A committee within the Desert Ranch Homeowners Association, chaired by Brian Schoeffler. The records requested by the Petitioner pertained to the actions and decisions of this committee.
Office of Administrative Hearings (OAH)
An independent state agency in Arizona responsible for conducting evidentiary hearings for disputes referred by other state agencies, such as the Department of Real Estate.
Petitioner
The party who files a petition initiating a legal action. In this case, Tom Barrs.
Preponderance of the evidence
The burden of proof in this case. It is defined as “proof as convinces the trier of fact that the contention is more probably true than not” and represents the “greater weight of the evidence.”
Respondent
The party against whom a petition is filed. In this case, the Desert Ranch Homeowners Association.
He Fought His HOA Over Public Records and Lost. Then One Old Email Changed Everything.
1.0 Introduction: The Familiar Frustration of Fighting the System
Almost everyone has a story about the maddening frustration of dealing with a bureaucratic organization. The rules can seem arbitrary, the answers vague, and the entire process engineered to make you give up. For homeowners, that organization is often their Homeowners Association (HOA). This was precisely the situation for Tom Barrs, a homeowner in Scottsdale, Arizona, when he made what seemed like a simple request for records from his HOA, the Desert Ranch Homeowners Association. His straightforward request ignited a surprising legal battle, where an initial, demoralizing defeat in court was ultimately overturned by a single, crucial piece of evidence exhumed from the past.
2.0 Takeaway 1: The First Verdict Isn’t Always the Final Word
The dispute began with a formal records request. In November 2018, Tom Barrs asked to see documents related to the HOA’s Environmental Design Committee (EDC). His request was clear, specific, and cited the relevant state law:
“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.”
The HOA refused to provide the records, and the case went before Administrative Law Judge Jenna Clark on March 21, 2019. The judge denied Mr. Barrs’s petition. The ruling was based on what seemed to be a fatal procedural error: the judge concluded that Mr. Barrs had failed to properly submit his request because he did not email it to all members of the Association’s Board.
Adding a potent dose of irony, the HOA’s representative at the hearing—Brian Schoeffler, the very EDC Chairman to whom Barrs had sent the request—successfully argued that a prior case meant Barrs “knew or should have known the requirements.” For many people, this initial loss, buttressed by the HOA weaponizing their past behavior against them, would have been the end of the road. But for Mr. Barrs, it was only the first chapter.
3.0 Takeaway 2: The Paper Trail is Your Most Powerful Weapon
Unwilling to accept the verdict, Mr. Barrs appealed and was granted a rehearing. The case was heard again before the very same judge, Jenna Clark. This time, however, Mr. Barrs had a new piece of evidence—a single, forgotten email that would force the judge to re-evaluate her own initial conclusion.
The case hinged on a communication from sixteen months prior. In July 2017, the Association’s President, Catherine Overby, had sent an email specifically appointing EDC Chairman Brian Schoeffler as Mr. Barrs’s “primary records request contact.”
This single document completely dismantled the HOA’s central argument. It proved that a specific, documented protocol existed that superseded any unwritten procedure the HOA later tried to enforce. Based on this prior instruction, Judge Clark’s new conclusion was decisive: Mr. Barrs was not required to send his request to the entire board. He had, in fact, followed the HOA’s own explicit directive perfectly. The HOA’s argument, built on chastising Mr. Barrs for not knowing the rules, crumbled under the weight of a rule they themselves had established and forgotten.
4.0 Takeaway 3: A “Summary” Isn’t the Same as “The Records”
Another key issue was the HOA’s attempt to control the information it released. Instead of providing the actual letters, emails, and applications Mr. Barrs had asked for, the HOA sent him a “summary table” of the EDC’s actions.
This defense initially worked. In the first ruling, Judge Clark concluded that because the request itself was improperly submitted, the summary table was not a violation of the statute. The HOA’s failure to provide the actual records was excused on a technicality.
But once the old email proved the request was valid, that technicality vanished and the summary table argument collapsed. In her final ruling, Judge Clark determined that providing a summary was a clear violation of Arizona law (ARIZ. REV. STAT. § 33-1805). The statute is unambiguous: records must be made “reasonably available for examination,” and copies must be provided upon request. The HOA’s attempt to substitute its interpretation of the records for the records themselves was not just unhelpful—it was illegal.
5.0 Takeaway 4: Resistance Can Be More Costly Than Compliance
The final, reversed decision was issued on September 12, 2019. Mr. Barrs’s petition was granted, and the HOA faced direct financial consequences for its stonewalling. The Desert Ranch HOA was ordered to:
• Reimburse Mr. Barrs’s $500.00 filing fee.
• Pay a separate $500.00 civil penalty to the Arizona Department of Real Estate.
For the price of a few photocopies, the HOA chose instead to pay for a protracted legal battle, a public loss, and $1,000 in fees and penalties—a steep cost for refusing transparency. The outcome is a stark reminder that an organization’s attempt to obstruct access to information can be far more damaging to its finances and reputation than simple compliance.
6.0 Conclusion: The Power of a Single Fact
The story of Tom Barrs’s dispute offers powerful, practical lessons for anyone facing a similar challenge. It highlights the importance of persistence, the legal weight of true transparency, and, above all, the critical power of documentation. One old email—one documented fact—was enough to level the playing field, force a judge to reverse her own decision, and ensure the rules were applied fairly. It leaves us with a compelling question to consider.
How might meticulous record-keeping change the outcome of a dispute in your own life?
Case Participants
Petitioner Side
- Tom Barrs (petitioner/witness)
Appeared on his own behalf initially; appeared as witness at rehearing - Jonathan Dessaules (attorney)
Dessaules Law Group
Appeared on behalf of Petitioner at rehearing
Respondent Side
- Desert Ranch Homeowners Association (respondent)
- Brian Schoeffler (EDC chairman/witness)
Desert Ranch Homeowners Association
Appeared on behalf of Respondent; Chairman of the Association’s EDC - Catherine Overby (HOA president)
Desert Ranch Homeowners Association
Association President; records request recipient - Lori Loch-Lee (VP Client Services)
Associated Asset Management (AAM)
Management company contact; records request recipient - Amanda Shaw (property manager rep)
AAM LLC
Contact for Respondent c/o AAM LLC - B. Austin Baillio (HOA attorney)
Maxwell & Morgan, P.C.
Neutral Parties
- Jenna Clark (ALJ)
OAH - Judy Lowe (ADRE Commissioner)
Arizona Department of Real Estate (ADRE) - Dan Gardner (HOA Coordinator)
Arizona Department of Real Estate (ADRE)
Other Participants
- G. Mangiero (observer)
Observed initial hearing - Peter Ashkin (observer)
- Stephen Banks (observer)
- Noah Banks (observer)
- Gerard Manieri (observer)
Observed rehearing - Stephen Barrs (observer)
Observed rehearing - Abraham Barrs (observer)
Observed rehearing
