Case Summary
| Case ID | 22F-H2222049-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-08-01 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | The ALJ denied the petition, concluding that the Sanalina HOA did not violate its Bylaws when it removed Petitioner John Zumph from the Board of Directors. The tribunal held that a 'regular meeting' can occur even without the presence of a quorum necessary to conduct business, validating the HOA's decision to declare his office vacant after three consecutive absences. |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | John Zumph | Counsel | — |
|---|---|---|---|
| Respondent | Sanalina Homeowners Association | Counsel | Nick Eicher |
Alleged Violations
Bylaws Article VII Section 1(d)
Outcome Summary
The ALJ denied the petition, concluding that the Sanalina HOA did not violate its Bylaws when it removed Petitioner John Zumph from the Board of Directors. The tribunal held that a 'regular meeting' can occur even without the presence of a quorum necessary to conduct business, validating the HOA's decision to declare his office vacant after three consecutive absences.
Why this result: The Petitioner failed to establish by a preponderance of the evidence that the Respondent violated the Bylaws. The ALJ determined that the meetings existed despite lack of quorum, and the Petitioner's intentional absences constituted an abuse of process and were not in the spirit of the bylaws.
Key Issues & Findings
Wrongful removal from the Board of Directors
Petitioner challenged his removal from the Board of Directors, arguing that his three consecutive absences from regularly scheduled meetings (July 8, 2021, September 9, 2021, and November 11, 2021) did not count because no quorum was met at those meetings, meaning the meetings did not exist.
Orders: Petitioner's petition is denied.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 32-2199(B)
- A.R.S. § 41-1092.07(G)(2)
- A.R.S. § 41-1092
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- Sanalina Bylaws Article VII Section 1(d)
- Sanalina Bylaws Article VI Section 3
Analytics Highlights
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092
- A.R.S. § 41-1092.09
- A.R.S. § 32-2199(B)
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- Sanalina Bylaws Article VII Section 1(d)
- Sanalina Bylaws Article VI Section 3
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Decision Documents
22F-H2222049-REL Decision – 988629.pdf
22F-H2222049-REL Decision – 988629.pdf
Summary of Hearing Proceedings and Decision
This matter, docket number 22F-H22249-REL, involved Petitioner John Zumph, a homeowner and former Board member, challenging his removal from the Sanalina Homeowners Association ("Sanalina") Board of Directors ("Board") by the Respondent, Sanalina. The hearing was held on July 19, 2022, before Administrative Law Judge Adam D. Stone.
Key Facts and Issues:
Mr. Zumph served on the six-person Board for approximately seven years and was removed on March 10, 2022. The Board declared his office vacant pursuant to Bylaws Article VII Section 1(d), which permits removal if a member is absent from three consecutive regular meetings. The three meetings in question were regularly scheduled for July 8, 2021, September 9, 2021, and November 11, 2021.
Zumph admitted sending an email prior to the July meeting stating that he, along with others, would not attend future meetings in 2021 unless certain conditions were met, specifically requiring the resignation of two specific directors (one from a household that had two members on the Board, and the current president).
Petitioner’s Argument (John Zumph):
The primary legal issue hinged on the definition and application of "quorum". Zumph argued that since the Board requires a majority (four out of six directors) to constitute a quorum for the transaction of business (Article VI Section 3), and a quorum was not met at the three meetings he missed, those gatherings were not officially recognized as "meetings" of the Board. Therefore, he asserted, he could not have missed three consecutive regular meetings as defined by the bylaws.
Respondent’s Argument (Sanalina HOA):
Sanalina argued that regularly scheduled meetings were held on the specified dates, even if quorum was lacking. Lack of quorum prevents the *transaction of business* (i.e., votes and legal actions), but does not invalidate the meeting itself. Testimony from Board Secretary Lisa Terror confirmed that directors, the community manager, and homeowners attended the meetings, discussed agenda topics, and received community updates, though no business could be transacted. Sanalina emphasized that Zumph intentionally refused to attend to prevent quorum, which led to significant delays in association business (e.g., eight months for appeals, $9,000 cost increase for painting due to delayed votes).
Final Decision and Outcome:
The Administrative Law Judge concluded that a meeting can exist without a quorum, but no business (votes) can occur. The tribunal found Zumph's argument that the meetings did not exist due to lack of quorum "unpersuasive". The ALJ further determined that Zumph intentionally missed the meetings to "hijack" the process, halting association business, which was unacceptable and not in the spirit of the bylaws.
The ALJ found that the Petitioner did not establish that the Respondent violated Bylaws Article VII Section 1(d).
The petition was denied in a decision issued on August 1, 2022.
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22F-H2222049-REL
2 sources
These sources document an Arizona administrative hearing and the subsequent legal ruling regarding a dispute between John Zumph and the Sanalina Homeowners Association. Zumph challenged his removal from the Board of Directors, which the association justified based on his absence from three consecutive meetings. While Zumph argued that these sessions did not legally qualify as meetings due to a lack of quorum, the association contended he intentionally skipped them to obstruct board business and force leadership changes. The provided transcript details the testimony and cross-examination of the parties involved, highlighting the internal conflicts within the board. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that meetings can exist even without a quorum to transact business. The final decision affirmed that Zumph’s intentional absences harmed the community and legally permitted the board to declare his seat vacant.
No emoji found
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22F-H2222049-REL
2 sources
These sources document an Arizona administrative hearing and the subsequent legal ruling regarding a dispute between John Zumph and the Sanalina Homeowners Association. Zumph challenged his removal from the Board of Directors, which the association justified based on his absence from three consecutive meetings. While Zumph argued that these sessions did not legally qualify as meetings due to a lack of quorum, the association contended he intentionally skipped them to obstruct board business and force leadership changes. The provided transcript details the testimony and cross-examination of the parties involved, highlighting the internal conflicts within the board. Ultimately, the Administrative Law Judge ruled in favor of the association, concluding that meetings can exist even without a quorum to transact business. The final decision affirmed that Zumph’s intentional absences harmed the community and legally permitted the board to declare his seat vacant.
Case Participants
Petitioner Side
- John Zumph (petitioner)
Sanalina Homeowners Association
Also referred to as John Zump or John Edward Dump; Former Board member removed from his position - Pete Selei (board member)
Sanalina Homeowners Association
Aligned with petitioner's refusal to attend meetings; Board member removed/vacated position; Also referred to as Joe Pete or Pete - Joe (board member)
Sanalina Homeowners Association
Aligned with petitioner's refusal to attend meetings
Respondent Side
- Nick Eicher (HOA attorney)
Sanalina Homeowners Association
Also referred to as Nick Aker - Lisa Jean Terror (board member)
Sanalina Homeowners Association
Board Secretary; witness for Respondent
Neutral Parties
- Adam D. Stone (ALJ)
OAH - Louis Dettorre (commissioner)
Arizona Department of Real Estate - Miranda Alvarez (legal secretary)
Other Participants
- Thomas Campanella (property manager)
Sanalina Homeowners Association
Community Manager; Also referred to as Thomas Pampanella - Javier Gimenez (management representative)
Sanalina Homeowners Association
Handled minutes for March meeting