Winter, Alexander vs. Cortina Homeowners Association

Case Summary

Case ID 13F-H1314005-BFS
Agency DFBLS
Tribunal OAH
Decision Date 2014-04-17
Administrative Law Judge M. Douglas
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Alexander Winter Counsel
Respondent Cortina Homeowners Association Counsel Mark Sahl

Alleged Violations

A.R.S. § 33-1804(D); A.R.S. § 33-1248(D)

Outcome Summary

The ALJ dismissed the petition because the Petitioner provided insufficient evidence that the Board authorized payments in an executive session within the statutory timeframe (one year). Furthermore, the ALJ concluded that even if such a meeting occurred, matters relating to contractor compensation are permitted in closed executive sessions under A.R.S. § 33-1804(A)(4).

Why this result: Insufficient evidence of timing; subject matter (compensation) is exempt from open meeting laws.

Key Issues & Findings

Open Meeting Violation (Vendor Compensation)

Petitioner alleged the Board authorized a $50/hour fee for a management vendor in executive session, violating open meeting statutes.

Orders: Petition dismissed; Respondent deemed prevailing party.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(D)
  • A.R.S. § 33-1248(D)
  • A.R.S. § 33-1804(A)(4)
  • A.R.S. § 12-541

Decision Documents

13F-H1314005-BFS Decision – 385229.pdf

Uploaded 2026-01-25T15:29:31 (36.3 KB)

13F-H1314005-BFS Decision – 391125.pdf

Uploaded 2026-01-25T15:29:31 (121.4 KB)

13F-H1314005-BFS Decision – 395982.pdf

Uploaded 2026-01-25T15:29:31 (60.8 KB)

**Case Overview**
In the matter of *Alexander Winter v. Cortina Homeowners Association* (Case No. 13F-H1314005-BFS), the Arizona Office of Administrative Hearings adjudicated a dispute regarding compliance with open meeting laws. The hearing was conducted on March 6, 2014, before Administrative Law Judge (ALJ) M. Douglas.

**Key Facts and Allegations**
Petitioner Alexander Winter, a homeowner, filed a petition alleging that the Cortina Homeowners Association (Cortina) Board of Directors violated A.R.S. §§ 33-1804(D) and 33-1248(D). The core allegation was that the Board improperly authorized financial compensation increases for a vendor, Renaissance Community Partners (RCP), during a closed executive session rather than an open public meeting.

Specifically, Winter testified that the community manager informed him that the Board had authorized hourly fees—$50.00 for staff and $75.00 for the manager—to handle homeowner information requests. Winter claimed this authorization occurred during a June 2013 executive session. However, Winter admitted he was not present at the meeting, did not know if a quorum was present, and possessed no written evidence or minutes confirming the authorization occurred during the relevant timeframe.

**Legal Issues and Analysis**
The primary legal question was whether the Board was required to approve the vendor's fee increase in an open session. The ALJ analyzed the case based on the burden of proof and statutory exemptions for executive sessions.

* **Statutory Exemptions:** A.R.S. § 33-1804(A) generally requires HOA meetings to be open to members. However, A.R.S. § 33-1804(A)(4) specifically exempts matters relating to the "job performance of, compensation of… an individual employee of a contractor of the association".
* **Burden of Proof:** The Petitioner bore the burden of proving the violation by a preponderance of the evidence.

**Decision and Rationale**
The ALJ ruled in favor of the Respondent, dismissing the petition. The decision relied on two main conclusions:
1. **Lack of Evidence:** The Petitioner failed to provide sufficient evidence that the alleged executive meeting actually occurred within the one-year statute of limitations (September 2012 to September 2013). The ALJ noted that Winter relied on hearsay and lacked first-hand knowledge or documentation of the Board's actions.
2. **Legal Exemption:** The ALJ determined that even if the meeting had occurred as alleged, the subject matter—compensation for a contractor's employee—is expressly permitted to be discussed in a closed executive session under A.R.S. § 33-1804(A)(4). Therefore, the Petitioner failed to prove a violation of the open meeting statutes.

Case Participants

Petitioner Side

  • Alexander Winter (Petitioner)
    Cortina Homeowners Association (Member)
    Appeared on his own behalf

Respondent Side

  • Mark Sahl (attorney)
    Carpenter, Hazlewood, Delgado & Bolen, PLC; Shaw & Lines, LLC
    Represented Cortina Homeowners Association
  • Kevin Bishop (property manager)
    Renaissance Community Partners
    Manager mentioned in testimony regarding compensation
  • Mr. Shaw (attorney)
    Previous legal counsel for Cortina

Neutral Parties

  • M. Douglas (ALJ)
    Office of Administrative Hearings
  • Gene Palma (Agency Director)
    Department of Fire, Building and Life Safety
  • Joni Cage (Agency Staff)
    Department of Fire, Building and Life Safety
    c/o for Gene Palma
  • Cliff J. Vanell (Director)
    Office of Administrative Hearings
    Certified the decision
  • Rosella J. Rodriguez (Agency Staff)
    Office of Administrative Hearings
    Signed certification mailing