John R Krahn Living Trust / Janet Krahn Living Trust vs Tonto Forest Estates Homeowners Association

Case Summary

Case ID 25F-H057-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-11-24
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John R. Krahn Living Trust / Janet Krahn Living Trust Counsel
Respondent Tonto Forest Estates Homeowners Association Counsel

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge dismissed the petition because the unredacted March 2025 check register was made available to all members via the online portal before the Petitioner filed the complaint, rendering the issue of the initially mailed redacted copy moot. The ALJ also found insufficient evidence that the error was purposeful, personal, or part of a negligent pattern.

Why this result: Mootness, insufficient evidence of willful violation.

Key Issues & Findings

Whether the association violated ARS 33-1805 by willfully withholding of association records.

Petitioner alleged Respondent violated A.R.S. § 33-1805 by mistakenly mailing a redacted March 2025 check register in response to a records request. Respondent contended the error was clerical and that the unredacted check register was uploaded to the community portal and available to all members within the statutory time frame or shortly thereafter. The ALJ found insufficient evidence of willful or purposeful withholding.

Orders: The petition was dismissed. Petitioner's request for subpoena with in camera review was denied. Petitioner's Motion to Order Exchange of Position Statements was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805

Analytics Highlights

Topics: HOA records, Check Register, Statutory Deadline, Mootness, Redaction, Clerical Error
Additional Citations:

  • A.R.S. § 33-1805
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.A.C. R2-19-119




Briefing Doc – 25F-H057-REL


Briefing Document: Krahn Living Trust vs. Tonto Forest Estates HOA (Case No. 25F-H057-REL)

Executive Summary

This document synthesizes the proceedings and final decision in case number 25F-H057-REL, a dispute between the John R. Krahn Living Trust (Petitioner) and the Tonto Forest Estates Homeowners Association (Respondent). The core of the dispute was an allegation that the Respondent violated Arizona Revised Statute (A.R.S.) § 33-1805 by providing an improperly redacted version of the March 2025 check register in response to a formal records request.

The Petitioner argued that the redaction was unjustified, targeted, and part of a larger pattern of non-compliance and bad faith by the HOA’s board. The Respondent countered that mailing the redacted document was a clerical error and that it fulfilled its statutory duty by making the complete, unredacted check register available to all members on its online portal within the 10-day legal timeframe.

The Administrative Law Judge (ALJ) ultimately dismissed the petition. The decision found that while the Respondent had mistakenly mailed a redacted document, the subsequent posting of the unredacted version on the community portal rendered the issue moot. The ALJ concluded there was insufficient evidence to prove the Respondent’s actions were purposeful, “personal,” or part of a negligent pattern of behavior.

Case Overview

Detail

Description

Case Number

25F-H057-REL

Petitioner

John R. Krahn Living Trust / Janet Krahn Living Trust (represented by John Khran)

Respondent

Tonto Forest Estates Homeowners Association (represented by President Dwight A. Jolivette)

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Velva Moses-Thompson

Core Statute

A.R.S. § 33-1805: Association financial and other records

Chronology of Key Events

March 31, 2025: John Khran submits a written request to the HOA for the March 2025 check register and specific legal invoices from Maxwell & Morgan.

c. April 10, 2025: The HOA responds via U.S. Mail, sending a packet that includes a partially redacted version of the March 2025 check register.

April 14, 2025: The statutory 10-business-day deadline for the records request. The HOA asserts it uploaded the unredacted check register to its online portal on this date.

April 14 – April 21, 2025: The ALJ’s final decision establishes that the unredacted check register was made available on the portal during this period.

May 19, 2025: Mr. Khran files a petition with the Arizona Department of Real Estate, alleging a violation of A.R.S. § 33-1805.

September 17, 2025: The ALJ denies the Petitioner’s request for a subpoena requiring an in camera review, deeming it unnecessary.

September 26, 2025: The ALJ denies the Petitioner’s motion to order an exchange of position statements but allows parties to file prehearing memorandums.

October 22, 2025: The evidentiary hearing is held. Both John Khran and Dwight Jolivette provide sworn testimony.

November 3, 2025: The official record for the hearing closes after a period allowing for the submission of post-hearing exhibits and responses.

November 24, 2025: ALJ Velva Moses-Thompson issues the final decision, dismissing the petition.

Petitioner’s Position and Arguments

The Petitioner, represented by John Khran, contended that the HOA willfully withheld records and acted in bad faith, violating both the letter and spirit of state law.

Core Allegation: Violation of A.R.S. § 33-1805

The central claim was that the HOA failed to make records “reasonably available” by providing a version of the March 2025 check register with a blacked-out line item. Khran argued this act constituted a direct violation of the statute.

Argument 1: Improper and Targeted Redaction

• The redacted information consisted of routine financial metadata: general ledger code (5703), budget category (“Legal General”), and an invoice number (53189).

• Khran demonstrated that this information was not privileged by showing it was unredacted on other parts of the same document, in the prior month’s (February 2025) check register, and on the legal invoice itself.

• He argued the redaction served no lawful purpose and was applied specifically to his request, as evidenced by the HOA later publishing the full, unredacted version to the community portal.

Key Quote: “This kind of inconsistent, personal and excessive reaction is not only justified, his violate the RS 331805A and respond statutory duty to treat all members fairly.”

Argument 2: Pattern of Non-Compliance and Bad Faith

• Khran asserted this was the HOA’s third violation of A.R.S. § 33-1805, citing cases 24F13 and 25FH11.

• He accused the board of adopting a “litigate every ing strategy,” escalating every complaint to the OAH rather than seeking resolution through mediation or negotiation, which he claimed caused “serious and lasting harm” to the 52-member community.

• He noted that the HOA ignored a subpoena’s explicit warning that “excessive or unjustified redactions” could be deemed bad faith.

Requested Relief

The Petitioner requested four specific orders from the court:

1. A finding that the Petitioner was the prevailing party.

2. Reimbursement of the $500 filing fee.

3. An order mandating the HOA’s future compliance with A.R.S. § 33-1805.

4. Imposition of a symbolic $1 civil penalty to deter future non-compliance and prevent the board from claiming vindication.

Respondent’s Position and Arguments

The Respondent, represented by its President Dwight Jolivette, maintained that it had complied with its statutory obligations and that the incident was an unintentional error.

Core Defense: Compliance via Portal Publication

• The HOA’s primary defense was that the unredacted March 2025 check register was made available for review by all members on the community portal on April 14, 2025, within the 10-day statutory deadline.

• Jolivette argued this action satisfied the requirement to make records “reasonably available for examination.”

Key Quote: “Our sole question today is whether or not the board provided the March 2025 check register as requested by the petitioner under ARS 331805 for review within the 10day time frame specified by the law. Our position is we did.”

Argument 1: Clerical Error and Miscommunication

• Jolivette testified that sending the redacted check register was not intentional but was “simply a mistake caused by miscommunication.”

• He explained that both redacted and unredacted versions were prepared, and a clerk mistakenly included the redacted version in the mail packet sent to Khran. The board was unaware of the error until the complaint was filed.

Argument 2: Lack of Malicious Intent

• Jolivette argued that since the HOA publishes the check register unredacted for the entire community every month, there was no logical reason to single out Khran’s request for redaction.

Key Quote: “Why? Why would we suddenly want to redact this stuff? We’re hoping for a little common sense here today to go along with the law.”

Argument 3: Petitioner’s Failure to Mitigate

• The Respondent pointed out that Khran, a former board member familiar with the process, did not contact the board to report the error. Had he done so, Jolivette stated, the issue would have been corrected immediately without the need for a formal hearing.

Administrative Law Judge’s Decision and Rationale

The ALJ’s final decision focused on the material facts and the legal concept of mootness, ultimately dismissing the Petitioner’s case.

Summary of Findings

1. Request and Response: The Petitioner submitted a records request on March 31, 2025. On or about April 10, 2025, the Respondent mailed copies of the requested items but “mistakenly gave Petitioner a redacted 2025 check register.”

2. Portal Publication: The Respondent uploaded an unredacted March 2025 check register to its online portal, making it available to all members, sometime between April 14, 2025, and April 21, 2025.

3. Lack of Evidence for Intent: The ALJ found “insufficient evidence to establish that Respondent purposefully neglected to mail Khran an unredacted March 2025 check register or that the failure to include the correct check register…was ‘personal.'”

4. No Pattern of Negligence: The decision also stated there was “insufficient evidence to establish that Respondent had a negligent pattern of responding to records requests in error or untimely.”

Central Legal Conclusion: Mootness

The core of the legal decision rested on the issue being moot. The ALJ determined that because the unredacted document was made available on the online portal before the Petitioner filed the complaint, the underlying issue was resolved.

Key Quote from Decision: “It is undisputed that the unredacted March 2025 check register was uploaded to Respondent’s online portal which is available to all members before the petition was filed… Even if the unredacted check register was made available on its website after the 10-day statutory period, the issue is now moot.”

Final Order

“IT IS ORDERED that John R Krahn Living Trust / Janet Krahn Living Trust’s petition against Respondent Tonto Forest Estates Homeowners Association is dismissed.”


John R Krahn Living Trust / Janet Krahn Living Trust vs Tonto Forest

Case Summary

Case ID 25F-H057-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-11-24
Administrative Law Judge Velva Moses-Thompson
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner John R. Krahn Living Trust / Janet Krahn Living Trust Counsel
Respondent Tonto Forest Estates Homeowners Association Counsel

Alleged Violations

A.R.S. § 33-1805

Outcome Summary

The Administrative Law Judge dismissed the petition because the unredacted March 2025 check register was made available to all members via the online portal before the Petitioner filed the complaint, rendering the issue of the initially mailed redacted copy moot. The ALJ also found insufficient evidence that the error was purposeful, personal, or part of a negligent pattern.

Why this result: Mootness, insufficient evidence of willful violation.

Key Issues & Findings

Whether the association violated ARS 33-1805 by willfully withholding of association records.

Petitioner alleged Respondent violated A.R.S. § 33-1805 by mistakenly mailing a redacted March 2025 check register in response to a records request. Respondent contended the error was clerical and that the unredacted check register was uploaded to the community portal and available to all members within the statutory time frame or shortly thereafter. The ALJ found insufficient evidence of willful or purposeful withholding.

Orders: The petition was dismissed. Petitioner's request for subpoena with in camera review was denied. Petitioner's Motion to Order Exchange of Position Statements was denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805

Analytics Highlights

Topics: HOA records, Check Register, Statutory Deadline, Mootness, Redaction, Clerical Error
Additional Citations:

  • A.R.S. § 33-1805
  • A.R.S. § 32-2199(B)
  • A.R.S. § 33-1803
  • A.A.C. R2-19-119

Audio Overview

Decision Documents

25F-H057-REL Decision – 1345301.pdf

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25F-H057-REL Decision – 1348059.pdf

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25F-H057-REL Decision – 1351266.pdf

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25F-H057-REL Decision – 1354250.pdf

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25F-H057-REL Decision – 1354340.pdf

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25F-H057-REL Decision – 1364599.pdf

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25F-H057-REL Decision – 1364611.pdf

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25F-H057-REL Decision – 1372120.pdf

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Briefing Doc – 25F-H057-REL


Briefing Document: Krahn Living Trust vs. Tonto Forest Estates HOA (Case No. 25F-H057-REL)

Executive Summary

This document synthesizes the proceedings and final decision in case number 25F-H057-REL, a dispute between the John R. Krahn Living Trust (Petitioner) and the Tonto Forest Estates Homeowners Association (Respondent). The core of the dispute was an allegation that the Respondent violated Arizona Revised Statute (A.R.S.) § 33-1805 by providing an improperly redacted version of the March 2025 check register in response to a formal records request.

The Petitioner argued that the redaction was unjustified, targeted, and part of a larger pattern of non-compliance and bad faith by the HOA’s board. The Respondent countered that mailing the redacted document was a clerical error and that it fulfilled its statutory duty by making the complete, unredacted check register available to all members on its online portal within the 10-day legal timeframe.

The Administrative Law Judge (ALJ) ultimately dismissed the petition. The decision found that while the Respondent had mistakenly mailed a redacted document, the subsequent posting of the unredacted version on the community portal rendered the issue moot. The ALJ concluded there was insufficient evidence to prove the Respondent’s actions were purposeful, “personal,” or part of a negligent pattern of behavior.

Case Overview

Detail

Description

Case Number

25F-H057-REL

Petitioner

John R. Krahn Living Trust / Janet Krahn Living Trust (represented by John Khran)

Respondent

Tonto Forest Estates Homeowners Association (represented by President Dwight A. Jolivette)

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Velva Moses-Thompson

Core Statute

A.R.S. § 33-1805: Association financial and other records

Chronology of Key Events

March 31, 2025: John Khran submits a written request to the HOA for the March 2025 check register and specific legal invoices from Maxwell & Morgan.

c. April 10, 2025: The HOA responds via U.S. Mail, sending a packet that includes a partially redacted version of the March 2025 check register.

April 14, 2025: The statutory 10-business-day deadline for the records request. The HOA asserts it uploaded the unredacted check register to its online portal on this date.

April 14 – April 21, 2025: The ALJ’s final decision establishes that the unredacted check register was made available on the portal during this period.

May 19, 2025: Mr. Khran files a petition with the Arizona Department of Real Estate, alleging a violation of A.R.S. § 33-1805.

September 17, 2025: The ALJ denies the Petitioner’s request for a subpoena requiring an in camera review, deeming it unnecessary.

September 26, 2025: The ALJ denies the Petitioner’s motion to order an exchange of position statements but allows parties to file prehearing memorandums.

October 22, 2025: The evidentiary hearing is held. Both John Khran and Dwight Jolivette provide sworn testimony.

November 3, 2025: The official record for the hearing closes after a period allowing for the submission of post-hearing exhibits and responses.

November 24, 2025: ALJ Velva Moses-Thompson issues the final decision, dismissing the petition.

Petitioner’s Position and Arguments

The Petitioner, represented by John Khran, contended that the HOA willfully withheld records and acted in bad faith, violating both the letter and spirit of state law.

Core Allegation: Violation of A.R.S. § 33-1805

The central claim was that the HOA failed to make records “reasonably available” by providing a version of the March 2025 check register with a blacked-out line item. Khran argued this act constituted a direct violation of the statute.

Argument 1: Improper and Targeted Redaction

• The redacted information consisted of routine financial metadata: general ledger code (5703), budget category (“Legal General”), and an invoice number (53189).

• Khran demonstrated that this information was not privileged by showing it was unredacted on other parts of the same document, in the prior month’s (February 2025) check register, and on the legal invoice itself.

• He argued the redaction served no lawful purpose and was applied specifically to his request, as evidenced by the HOA later publishing the full, unredacted version to the community portal.

Key Quote: “This kind of inconsistent, personal and excessive reaction is not only justified, his violate the RS 331805A and respond statutory duty to treat all members fairly.”

Argument 2: Pattern of Non-Compliance and Bad Faith

• Khran asserted this was the HOA’s third violation of A.R.S. § 33-1805, citing cases 24F13 and 25FH11.

• He accused the board of adopting a “litigate every ing strategy,” escalating every complaint to the OAH rather than seeking resolution through mediation or negotiation, which he claimed caused “serious and lasting harm” to the 52-member community.

• He noted that the HOA ignored a subpoena’s explicit warning that “excessive or unjustified redactions” could be deemed bad faith.

Requested Relief

The Petitioner requested four specific orders from the court:

1. A finding that the Petitioner was the prevailing party.

2. Reimbursement of the $500 filing fee.

3. An order mandating the HOA’s future compliance with A.R.S. § 33-1805.

4. Imposition of a symbolic $1 civil penalty to deter future non-compliance and prevent the board from claiming vindication.

Respondent’s Position and Arguments

The Respondent, represented by its President Dwight Jolivette, maintained that it had complied with its statutory obligations and that the incident was an unintentional error.

Core Defense: Compliance via Portal Publication

• The HOA’s primary defense was that the unredacted March 2025 check register was made available for review by all members on the community portal on April 14, 2025, within the 10-day statutory deadline.

• Jolivette argued this action satisfied the requirement to make records “reasonably available for examination.”

Key Quote: “Our sole question today is whether or not the board provided the March 2025 check register as requested by the petitioner under ARS 331805 for review within the 10day time frame specified by the law. Our position is we did.”

Argument 1: Clerical Error and Miscommunication

• Jolivette testified that sending the redacted check register was not intentional but was “simply a mistake caused by miscommunication.”

• He explained that both redacted and unredacted versions were prepared, and a clerk mistakenly included the redacted version in the mail packet sent to Khran. The board was unaware of the error until the complaint was filed.

Argument 2: Lack of Malicious Intent

• Jolivette argued that since the HOA publishes the check register unredacted for the entire community every month, there was no logical reason to single out Khran’s request for redaction.

Key Quote: “Why? Why would we suddenly want to redact this stuff? We’re hoping for a little common sense here today to go along with the law.”

Argument 3: Petitioner’s Failure to Mitigate

• The Respondent pointed out that Khran, a former board member familiar with the process, did not contact the board to report the error. Had he done so, Jolivette stated, the issue would have been corrected immediately without the need for a formal hearing.

Administrative Law Judge’s Decision and Rationale

The ALJ’s final decision focused on the material facts and the legal concept of mootness, ultimately dismissing the Petitioner’s case.

Summary of Findings

1. Request and Response: The Petitioner submitted a records request on March 31, 2025. On or about April 10, 2025, the Respondent mailed copies of the requested items but “mistakenly gave Petitioner a redacted 2025 check register.”

2. Portal Publication: The Respondent uploaded an unredacted March 2025 check register to its online portal, making it available to all members, sometime between April 14, 2025, and April 21, 2025.

3. Lack of Evidence for Intent: The ALJ found “insufficient evidence to establish that Respondent purposefully neglected to mail Khran an unredacted March 2025 check register or that the failure to include the correct check register…was ‘personal.'”

4. No Pattern of Negligence: The decision also stated there was “insufficient evidence to establish that Respondent had a negligent pattern of responding to records requests in error or untimely.”

Central Legal Conclusion: Mootness

The core of the legal decision rested on the issue being moot. The ALJ determined that because the unredacted document was made available on the online portal before the Petitioner filed the complaint, the underlying issue was resolved.

Key Quote from Decision: “It is undisputed that the unredacted March 2025 check register was uploaded to Respondent’s online portal which is available to all members before the petition was filed… Even if the unredacted check register was made available on its website after the 10-day statutory period, the issue is now moot.”

Final Order

“IT IS ORDERED that John R Krahn Living Trust / Janet Krahn Living Trust’s petition against Respondent Tonto Forest Estates Homeowners Association is dismissed.”


Case Participants

Petitioner Side

  • John R. Krahn (petitioner)
    John R. Krahn Living Trust / Janet Krahn Living Trust
    Appeared and testified on behalf of Petitioner
  • Janet Krahn (petitioner)
    John R. Krahn Living Trust / Janet Krahn Living Trust

Respondent Side

  • Dwight A. Jolivette (HOA president)
    Tonto Forest Estates Homeowners Association
    Appeared and testified on behalf of Respondent
  • Lori P. (HOA representative)
    Tonto Forest Estates Homeowners Association
    Email contact for Respondent HOA
  • Barbara B. (HOA representative)
    Tonto Forest Estates Homeowners Association
    Email contact for Respondent HOA

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    ADRE
  • ALJ Stone (former ALJ)
    OAH
    Mentioned regarding prior consolidated cases

Other Participants

  • Judge Vanell (Judge)
    Cited regarding civil penalty guidelines

Jeremy R Whittaker v. The Val Vista Lake Community Association (ROOT)

Case Summary

Case ID 25F-H045-REL; 25F-H054-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-08-08
Administrative Law Judge Adam D. Stone
Outcome total
Filing Fees Refunded $1,000.00
Civil Penalties $1,000.00

Parties & Counsel

Petitioner Jeremy R. Whittaker Counsel
Respondent The Val Vista Lakes Community Association Counsel Joshua M. Bolen, Esq.

Alleged Violations

A.R.S. § 33-1805
A.R.S. § 33-1805(A)

Outcome Summary

The Administrative Law Judge granted both consolidated petitions (25F-H045-REL and 25F-H054-REL), finding that Respondent, The Val Vista Lakes Community Association, violated A.R.S. § 33-1805(A) by wrongfully withholding requested documents and failing to respond to records requests. Respondent was ordered to follow A.R.S. § 33-1805(A) for all pending and future requests, reimburse the Petitioner the total filing fees of $1000.00, and pay a total civil penalty of $1000.00.

Key Issues & Findings

Violation regarding failure to provide association records (Policies/Legal)

Petitioner alleged Respondent violated A.R.S. § 33-1805 by failing to provide requested records (including those regarding records policy and attorney fee information) within the ten-business-day deadline, and by conditioning production on an unenforceable ‘Records Request Form’. The tribunal found Val Vista wrongfully withheld the documents and violated the statute.

Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01

Violation regarding failure to provide financial records (Bank Statements)

Petitioner alleged Respondent violated A.R.S. § 33-1805(A) by failing to provide requested operating and reserve bank statements. Val Vista failed to respond to the request. The tribunal found the failure to respond unacceptable and in violation of the statute.

Orders: Petition granted. Respondent ordered to follow A.R.S. § 33-1805(A), reimburse the $500 filing fee, and pay a $500 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01

Analytics Highlights

Topics: HOA Records Request, Failure to Produce Documents, Statutory Violation, Civil Penalty, Filing Fee Refund, Consolidated Cases
Additional Citations:

  • A.R.S. § 33-1805(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02
  • Title 33, Chapter 16, Article 1

Video Overview

Audio Overview

Decision Documents

25F-H045-REL Decision – 1315733.pdf

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25F-H045-REL Decision – 1316066.pdf

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25F-H045-REL Decision – 1316100.pdf

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25F-H045-REL Decision – 1316101.pdf

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25F-H045-REL Decision – 1318153.pdf

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25F-H045-REL Decision – 1324339.pdf

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25F-H045-REL Decision – 1324343.pdf

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25F-H045-REL Decision – 1324372.pdf

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25F-H045-REL Decision – 1328416.pdf

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25F-H045-REL Decision – 1337742.pdf

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25F-H045-REL Decision – 1342973.pdf

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Briefing Doc – 25F-H045-REL


Briefing Document: Whittaker v. The Val Vista Lake Community Association

Executive Summary

This document summarizes the administrative legal proceedings and final judgment in the consolidated cases of Jeremy R. Whittaker v. The Val Vista Lake Community Association. The core of the dispute centered on the association’s failure to comply with member records requests, a direct violation of Arizona state law. The Office of Administrative Hearings (OAH) ruled decisively in favor of the Petitioner, Jeremy R. Whittaker, finding that The Val Vista Lake Community Association (Val Vista) wrongfully withheld documents and failed to respond to legitimate requests within the statutory timeframe.

The Administrative Law Judge (ALJ) rejected Val Vista’s defense, which included claims that the relevant statute was outdated and that the association’s internal “Records Policy” justified its non-compliance. The judge’s decision labeled the association’s failure to respond as “simply unacceptable.” Consequently, the OAH ordered Val Vista to comply with the law for all current and future requests, reimburse the Petitioner for $1,000 in filing fees, and pay an additional $1,000 in civil penalties. A subsequent clarification order explicitly extended the compliance mandate to “all pending and future requests,” solidifying the prospective impact of the ruling.

Case Overview

The matter involves two separate petitions filed by a homeowner against a homeowners’ association, which were later consolidated by the OAH for judicial economy.

Entity / Individual

Petitioner

Jeremy R. Whittaker (Appeared on his own behalf)

Respondent

The Val Vista Lake Community Association (Val Vista)

Respondent’s Counsel

Joshua M. Bolen, Esq., CHDB Law LLP

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding ALJs

Velva Moses-Thompson (pre-hearing motions), Adam D. Stone (hearing and final decision)

Overseeing Agency

Arizona Department of Real Estate

Consolidated Dockets

25F-H045-REL and 25F-H054-REL

Procedural History and Key Rulings

The case progressed through a series of motions and orders leading to a final evidentiary hearing and decision.

Case Consolidation (June 10, 2025): Petitioner’s motion to consolidate docket No. 25F-H054-REL with No. 25F-H045-REL was granted. The hearing for the consolidated matter was scheduled for 9:00 a.m. on July 15, 2025.

Motions Denied (June 10, 2025): In the same order, a motion for summary judgment was denied, and a motion to quash a subpoena for Bryan Patterson was denied as moot, allowing the Petitioner to file a new subpoena for the revised hearing date.

Virtual Appearance (June 10, 2025): The Respondent’s motion for a virtual appearance at the hearing via Google Meet was granted.

Subpoena Rulings:

Bryan Patterson (June 17 & July 1, 2025): The OAH granted a subpoena requiring the appearance of Bryan Patterson but denied the request for the production of documents listed as 2a through 2d. A subsequent motion to quash a new subpoena (dated June 25, 2025) was partially granted; Patterson was still required to appear but not to produce the specified documents.

Tamara Swanson (July 1, 2025): A June 5, 2025 subpoena was partially quashed. Tamara Swanson was ordered to appear at the hearing but was not required to produce documents listed as 2a through 2d.

Disqualification of Counsel Denied (July 1, 2025): Petitioner filed a motion to disqualify CHDB Law, LLP as counsel for the Respondent, which the OAH denied.

Evidentiary Hearing (July 15, 2025): The consolidated hearing was held before ALJ Adam D. Stone. The record was held open until July 24, 2025, to allow both parties to submit written closing arguments.

Final Decision (August 8, 2025): ALJ Adam D. Stone issued a final decision in favor of the Petitioner.

Order Clarification (August 26, 2025): Upon the Petitioner’s Motion for Clarification, the ALJ modified the decision’s language to ensure future compliance from the Respondent.

Analysis of Records Requests and Disputes

The dispute originated from three separate, comprehensive records requests made by the Petitioner to which the Respondent, Val Vista, failed to provide documents or a substantive response.

Case 25F-H045-REL: Records Policy and Legal Fees

This case encompassed two records requests made on February 27, 2025. The official dispute was summarized in the Notice of Hearing:

“Petitioner alleges Respondent of violating, ‘A.R.S. § 33-1805 by failing to provide the requested records with the ten-business-day statutory deadline, conditioning production on a legally unenforceable ‘Records Request Form’, and withholding critical attorney fee information-particularly troubling given its counsel’s documented disciplinary history for inflated or misleading HOA fee practices.'”

Requested Documents (February 27, 2025):

1. Records Retention and Request Policy: The final, fully executed version of the policy adopted around February 25, 2025, including all exhibits and attachments.

2. Meeting Minutes: Draft or final minutes from the February 25, 2025, Board meeting discussing the adoption of the policy.

3. Legal Services Records:

◦ Current and past legal services agreements and retainers.

◦ Attorney rate schedules and fee structures.

◦ Invoices, billing statements, and payment records (with legally permitted redactions).

◦ Board meeting minutes discussing attorney engagement or retention.

◦ RFPs or other bid solicitations related to retaining legal counsel.

◦ Conflict-of-interest disclosures or waivers concerning the law firm.

◦ Any other records detailing the contractual or advisory relationship.

Case 25F-H054-REL: Financial Records

This case stemmed from a request made on March 21, 2025. The Notice of Hearing defined the dispute:

“Petitioner alleges Respondent of violating, A.R.S. § 33-1805(A), ‘by failing to provide the requested bank statements and FSR-related communications, and is operating in ongoing breach or its statutory obligations.’”

Requested Documents (March 21, 2025):

1. Operating Bank Statements: Complete monthly statements for all operating/checking accounts from January 1, 2024, to the present.

2. Reserve Account Statements: All monthly or quarterly statements for reserve accounts from January 1, 2024, to the present.

For both cases, the final decision confirmed that “No documents have been turned over by Val Vista.”

Final Administrative Law Judge Decision

The ALJ’s final decision on August 8, 2025, provided a clear resolution to the disputes, finding definitively against Val Vista.

Summary of Arguments

Petitioner’s Position: Argued that Val Vista failed to produce the requested records within the statutory timeline and had no authority to compel the use of a specific records request form or to ignore a request not submitted on that form.

Respondent’s Position: Argued that A.R.S. § 33-1805 was “outdated and misunderstood” and that it only had ten days to provide copies after an examination of records occurred. Val Vista claimed it created its Records Policy to streamline previously broad requests from members and that some requested documents were privileged.

Conclusions of Law

The ALJ found that the Petitioner met the burden of proving by a preponderance of the evidence that Val Vista violated A.R.S. § 33-1805.

Wrongful Withholding: The central conclusion was that “Val Vista wrongfully withheld the requested documents.”

Failure to Respond: The decision stated that Val Vista’s lack of any response was unacceptable. Even if documents were privileged, they “could have properly been withheld and/or redacted.”

Invalid Justification: The fact that the second request was not made on Val Vista’s preferred form “does not excuse Val Vista from at a minimum responding.” The Petitioner’s written request complied with the statute.

Unacceptable Conduct: The ALJ concluded, “No response by Val Vista was simply unacceptable, and in violation of the statute.”

Final Order and Penalties

The OAH granted both of the Petitioner’s petitions and imposed the following orders and penalties:

Case Docket

Filing Fee Reimbursement

Civil Penalty

25F-H045-REL

Granted; Respondent must follow A.R.S. § 33-1805(A).

$500.00

$500.00

25F-H054-REL

Granted; Respondent must follow A.R.S. § 33-1805(A).

$500.00

$500.00

$1,000.00

$1,000.00

The total financial judgment against The Val Vista Lake Community Association was $2,000.00.

Post-Decision Clarification

On August 26, 2025, in response to a Motion for Clarification from the Petitioner, ALJ Adam D. Stone issued a modifying order. The order strengthened the original decision by stating:

“IT IS ORDERED that the Administrative Law Judge Decision shall be modified to read, ‘Respondent shall follow the A.R.S. § 33-1805(A) for all pending and future requests.'”

This clarification ensures that the ruling is not limited to the specific past violations but establishes a clear, forward-looking mandate for the association’s compliance with state law regarding member access to records.


Case Participants

Petitioner Side

  • Jeremy R. Whittaker (petitioner)
    Appeared on his own behalf

Respondent Side

  • Josh Bolen (attorney)
    CHDB Law LLP
    Also referred to as Joshua M. Bolen, Esq.; Represented Respondent
  • Vicki Goslin (staff)
    CHDB Law LLP
    Listed as a recipient for transmission

Neutral Parties

  • Velva Moses-Thompson (ALJ)
    OAH
    Signed orders dated June 10 and July 1
  • Adam D. Stone (ALJ)
    OAH
    Signed Order Holding Record Open and Administrative Law Judge Decision/Modification
  • Susan Nicolson (Commissioner)
    ADRE
  • vnunez (ADRE staff/recipient)
    ADRE
  • djones (ADRE staff/recipient)
    ADRE
  • labril (ADRE staff/recipient)
    ADRE
  • mneat (ADRE staff/recipient)
    ADRE
  • lrecchia (ADRE staff/recipient)
    ADRE
  • gosborn (ADRE staff/recipient)
    ADRE

Other Participants

  • Bryan Patterson (witness)
    Subject of motions to quash subpoena
  • Tamara Swanson (witness)
    Subject of motion to quash subpoena

Kevin W. Schafer & Patricia A. Lawton vs Sycamore Springs Homeowners Association, INC.

Case Summary

Case ID 25F-H027-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-08-06
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $1,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner Kevin W. Schafer & Patricia A. Lawton Counsel Craig L. Cline
Respondent Sycamore Springs Homeowners Association, Inc. Counsel Nikolas Thompson

Alleged Violations

A.R.S. §§ 10-11601, 10-11620, 33-1805, 33-1810, Bylaws Article 10.1.1, 10.3, 7.6.3, 7.6.4, 5.1, and CC&R Article X Section 3
A.R.S. § 33-1803, CC&Rs Article IX Section 10, Section 18, Article XI Section 1, Section 5, HOA Hearing and Fine Policy

Outcome Summary

The Administrative Law Judge dismissed the petition entirely, concluding that Petitioners failed to establish any of the alleged violations of statutes, CC&Rs, or Bylaws by a preponderance of the evidence. The ALJ found that the HOA provided reasonable explanations regarding delays in document production and that the Petitioners' security camera created a nuisance for a neighbor, requiring the submission of a Design Modification Request (DMR).

Why this result: Petitioners failed to meet their burden of proof for the numerous alleged violations. The records requests claims failed because Petitioners did not satisfy prerequisites (e.g., payment, inspection request) or because the HOA provided reasonable explanations for delays. The security camera issue failed because the device created a nuisance and Petitioners refused to submit a required DMR.

Key Issues & Findings

Failure to follow governing documents & State laws with respect to preparation of mandatory records and documents; retention of required records and documents; and/or fulfillment of Owner requests for same.

Petitioners alleged the HOA failed to timely produce requested board minutes and financial compilations for 2022 and 2023. The ALJ found that A.R.S. §§ 10-11601 and 10-11620 were inapplicable. Regarding A.R.S. §§ 33-1805 and 33-1810, the HOA provided reasonable explanations for delays (management transition, accountant extension). Petitioners failed to establish violations, noting they did not request inspection, offer to pay for copies, or inform the HOA of the missing 2022 compilation.

Orders: No action required of Respondent. Petition dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 10-11601
  • A.R.S. § 10-11620
  • A.R.S. § 33-1805
  • A.R.S. § 33-1810
  • Bylaws Article 10.1.1
  • Bylaws Article 10.3
  • Bylaws Article 7.6.3
  • Bylaws Article 7.6.4
  • Bylaws Article 5.1
  • CC&R Article X Section 3

Misinterpreting the CC&Rs in regards to the Petitioners' security devices.

Petitioners argued their security camera installation was exempt (a “carve out”) from requiring a Design Modification Request (DMR). They also alleged improper notice and fining under A.R.S. § 33-1803 and CC&Rs Article XI Sec 5. The ALJ found the camera created a nuisance for the neighbor by invading privacy. Although the HOA may have had a technical violation in notice (Article XI Sec 5), Petitioners failed to establish overall violations, noting Petitioners refused to submit a DMR as required of all homeowners.

Orders: No action required of Respondent. Petition dismissed. Petitioners are required to submit a DMR.

Filing fee: $500.00, Fee refunded: No, Civil penalty: $150.00

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803
  • CC&Rs Article IX Section 10
  • CC&Rs Article IX Section 18
  • CC&Rs Article XI Section 1
  • CC&Rs Article XI Section 5
  • HOA Hearing and Fine Policy

Analytics Highlights

Topics: records, minutes, financial statements, audit, compilation, security camera, nuisance, design modification request, DMR, failure to submit DMR, notice violation, burden of proof
Additional Citations:

  • A.R.S. § 10-11601
  • A.R.S. § 10-11620
  • A.R.S. § 33-1805
  • A.R.S. § 33-1810
  • Bylaws Article 10.1.1
  • Bylaws Article 10.3
  • Bylaws Article 7.6.3
  • Bylaws Article 7.6.4
  • Bylaws Article 5.1
  • CC&R Article X Section 3
  • A.R.S. § 33-1803
  • CC&Rs Article IX Section 10
  • CC&Rs Article IX Section 18
  • CC&Rs Article XI Section 1
  • CC&Rs Article XI Section 5
  • HOA Hearing and Fine Policy




Briefing Doc – 25F-H027-REL


Briefing on the Administrative Hearing: Schafer & Lawton v. Sycamore Springs HOA

Executive Summary

This document provides a comprehensive analysis of the administrative hearing and final decision in the matter of Kevin W. Schafer & Patricia A. Lawton v. Sycamore Springs Homeowners Association, Inc. (No. 25F-H027-REL). The dispute centered on two core issues: the Homeowners Association’s (HOA) alleged failure to properly prepare, retain, and provide mandatory corporate records, and its alleged misinterpretation of governing documents concerning the installation of a security camera by the petitioners.

Following a hearing on July 22, 2025, Administrative Law Judge (ALJ) Sondra J. Vanella issued a decision on August 6, 2025, dismissing the petition in its entirety. The ALJ concluded that the petitioners failed to meet their burden of proof on all allegations.

Key findings indicate that the HOA’s explanations for delays and missing records—namely, a difficult transition between management companies and a tax filing extension—were deemed reasonable. Regarding the security camera, the ALJ determined that the device constituted a nuisance to a neighbor, a finding within the HOA board’s discretion, and upheld the HOA’s requirement for a Design Modification Request (DMR). The decision affirmed the respondent’s central legal argument distinguishing the duty to “keep” records from a requirement to “take” them.

Case Overview

Case Name

Kevin W. Schafer & Patricia A. Lawton, Petitioners, v. Sycamore Springs Homeowners Association, Inc., Respondent.

Case Number

25F-H027-REL

Tribunal

State of Arizona, Office of Administrative Hearings

Presiding Judge

Administrative Law Judge Sondra J. Vanella

Hearing Date

July 22, 2025

Decision Date

August 6, 2025

Petitioners

Kevin W. Schafer & Patricia A. Lawton (Represented by Craig Cline, Esq.)

Respondent

Sycamore Springs Homeowners Association, Inc. (Represented by Nikolas Thompson, Esq.)

The matter was subject to several continuances at the request of the Respondent, moving the final hearing date to July 22, 2025.

Core Allegations and Disputed Issues

The dispute was formally divided into two primary areas of contention, each involving alleged violations of Arizona Revised Statutes (A.R.S.) and the HOA’s governing documents (CC&Rs and Bylaws).

Issue 1: Records and Document Management

Petitioners’ Allegations: The HOA systematically failed to follow governing documents and state laws regarding the preparation, retention, and fulfillment of owner requests for mandatory records. This included the failure to provide five specific sets of board meeting minutes and the annual financial compilations for fiscal years 2022 and 2023 in a timely manner. Petitioners argued this constituted a breach of fiduciary duty and a violation of multiple statutes and bylaws.

Respondent’s Position: The HOA contended that governing documents and statutes require them to keep records of minutes taken, but not to take minutes for every meeting. This interpretation was based on advice from legal counsel. They argued that most documents were available on the homeowner portal and that the failure to produce one specific set of minutes (December 2023) was due to them being lost by a previous “garbage” management company. The delay in providing the 2023 financial compilation was attributed to a reasonable circumstance: an extension filed for the association’s taxes.

Issue 2: Security Camera Installation

Petitioners’ Allegations: The HOA misinterpreted its own CC&Rs by requiring a DMR for the petitioners’ security camera. Petitioners argued that Article IX, Section 18 of the CC&Rs provides a specific “carve out” for “security devices used exclusively for security purposes.” They further contended they were being targeted, as the HOA had no history of enforcing such a requirement for security cameras until after their device was installed and a neighbor complained.

Respondent’s Position: The HOA board interpreted the CC&R “carve out” as applying only to sound-emitting devices (e.g., alarms, bells), as the clause is situated within a paragraph on noise nuisances. They argued a security camera is an “attachment to an existing structure,” which requires approval from the Architectural Control Committee under a separate CC&R article. Furthermore, the installation created a nuisance by invading a neighbor’s privacy, obligating the board to act. The HOA asserted that all homeowners, including the board president, were subsequently required to submit DMRs for their cameras to ensure consistent enforcement.

Key Testimony and Evidence

Patricia Lawton (Petitioner)

• A former HOA board president for three years, Ms. Lawton testified to having an expert-level understanding of the governing documents.

• Regarding records, she stated that of five requested sets of board minutes, only one was provided, and it was delivered late. She claimed she never received the 2022 financial compilation, only tax returns, and that the 2023 compilation was not provided within the statutorily required timeframe.

• She disputed the validity of the HOA’s tax-extension excuse, testifying that the association operates on a cash basis of accounting, which should not have prevented the timely completion of the compilation.

• She testified that due to security concerns (fear of being hacked), she does not have a registered account for the homeowner portal and accesses it through other community members.

• On the security camera, she asserted it was a residential-grade device installed in response to trespassing and property damage. She maintained that the CC&Rs provided a clear exemption and that the HOA’s enforcement action was retaliatory and inconsistent with historical practice.

Kristen Rowlette (HOA Board President)

• Ms. Rowlette testified that critical documents, including the December 2023 minutes, were lost during a problematic transition from a prior management company, Adams LLC, to the current one, Mission Management. She stated Ms. Lawton was aware of these difficulties as she attended every board meeting.

• She admitted that the board made a decision to stop taking minutes for meetings where no votes were held. She stated this was done on the advice of legal counsel (Smith and Wamsley) and was a direct response to feeling “inundated with requests from Patricia.”

• Regarding the camera, she testified that the issue arose only after a neighbor filed a formal complaint citing privacy concerns for their children. She described visiting the neighbor’s property and observing the camera’s “eye” actively tracking her movements.

• She confirmed that following the complaint, the board, on legal advice, required all homeowners to retroactively submit DMRs for any existing security cameras to ensure uniform enforcement.

Central Legal Arguments

The “Keep” vs. “Take” Debate

The primary legal conflict regarding the meeting minutes centered on the interpretation of a single word.

Petitioners’ Argument: Counsel for the petitioners argued that the phrase “keep the minutes” must be interpreted through a “common sense application,” meaning “maintaining a written record of proceedings and decisions.” It was described as a standard practice for nonprofit organizations for decades, and the respondent’s narrow definition was “overly simplistic.”

Respondent’s Argument: Counsel for the HOA focused on a strict textual interpretation. He argued, “they cannot point to any language in any of the governing documents in any of the statutes that requires associations to take minutes. It just doesn’t exist. What they’ve done is they’ve conflated the word keep… to mean take.” He cited dictionary definitions to assert that “keep” means to hold, maintain, or retain, not to create.

The Security Camera “Carve Out”

The dispute over the camera hinged on whether it fell under an exception in the nuisance clause of the CC&Rs.

Petitioners’ Argument: Article IX, Section 18 exempts “security devices used exclusively for security purposes” from the general prohibition on sound devices. Petitioners argued their camera fit this description, and this carve-out, combined with a total lack of historical enforcement or specific design guidelines for cameras, meant a DMR was not required.

Respondent’s Argument: The exemption is located in a provision focused on noise nuisances (“speakers, horns, whistles, bells or other sound devices”). The board’s interpretation was that the exception logically applies only to sound-emitting security devices like driveway alarms. The camera, as a physical modification, was governed by architectural rules requiring a DMR and was also subject to the board’s “sole discretion” to determine if it constituted a nuisance to neighbors.

Administrative Law Judge’s Decision and Rationale

The ALJ dismissed the petition, finding the petitioners failed to establish their claims by a preponderance of the evidence.

Rationale on Issue 1 (Records)

Alleged Violation

ALJ Conclusion

Rationale

A.R.S. §§ 10-11601, 10-11620 (Corporate Records)

No Jurisdiction

The tribunal’s jurisdiction is limited to Title 33 (planned communities) and does not extend to these Title 10 (nonprofit corporations) statutes.

A.R.S. § 33-1805 (Records Availability)

No Violation

Respondent made records “reasonably available.” The loss of minutes during a management transition and the delay of financials due to a tax extension were deemed reasonable explanations.

A.R.S. § 33-1810 (Annual Audit)

No Violation

The request was made in 2024, entitling petitioners only to 2023 statements. The CC&Rs require owners to pay for audited statements, which petitioners did not offer to do.

CC&R Article X Section 3 & Bylaws Article 10.3 (Inspection)

No Violation

These provisions govern the inspection of documents. Petitioners requested copies without offering to pay for reproduction and never formally requested an in-person inspection.

Bylaws Articles 7.6.3, 7.6.4, 5.1 (Secretary/Treasurer Duties, Meetings)

No Violation

Petitioners failed to provide sufficient evidence that the Secretary or Treasurer failed in their duties or that meetings were not held as required.

Rationale on Issue 2 (Camera)

Alleged Violation

ALJ Conclusion

Rationale

CC&Rs Art. IX §§ 10, 18 (Nuisance)

No Violation

The CC&Rs grant the Board “sole discretion” to determine the existence of a nuisance. The ALJ found the evidence credible that the camera invaded the neighbor’s privacy, thus creating a nuisance.

CC&Rs Art. XI § 1 (Enforcement)

No Violation

Petitioners were notified of their right to a hearing before the Board. The HOA’s request for a DMR was a reasonable enforcement action applied to all community members.

CC&Rs Art. XI § 5 (Notice by Mail)

Technical Violation, No Harm

While there may have been a “technical violation” of the certified mail requirement, the ALJ found that the “Petitioners clearly received all notices” and were not prejudiced.


Kevin W. Schafer & Patricia A. Lawton vs Sycamore Springs Homeowners

Case Summary

Case ID 25F-H027-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-08-06
Administrative Law Judge Sondra J. Vanella
Outcome loss
Filing Fees Refunded $1,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner Kevin W. Schafer & Patricia A. Lawton Counsel Craig L. Cline
Respondent Sycamore Springs Homeowners Association, Inc. Counsel Nikolas Thompson

Alleged Violations

A.R.S. §§ 10-11601, 10-11620, 33-1805, 33-1810, Bylaws Article 10.1.1, 10.3, 7.6.3, 7.6.4, 5.1, and CC&R Article X Section 3
A.R.S. § 33-1803, CC&Rs Article IX Section 10, Section 18, Article XI Section 1, Section 5, HOA Hearing and Fine Policy

Outcome Summary

The Administrative Law Judge dismissed the petition entirely, concluding that Petitioners failed to establish any of the alleged violations of statutes, CC&Rs, or Bylaws by a preponderance of the evidence. The ALJ found that the HOA provided reasonable explanations regarding delays in document production and that the Petitioners' security camera created a nuisance for a neighbor, requiring the submission of a Design Modification Request (DMR).

Why this result: Petitioners failed to meet their burden of proof for the numerous alleged violations. The records requests claims failed because Petitioners did not satisfy prerequisites (e.g., payment, inspection request) or because the HOA provided reasonable explanations for delays. The security camera issue failed because the device created a nuisance and Petitioners refused to submit a required DMR.

Key Issues & Findings

Failure to follow governing documents & State laws with respect to preparation of mandatory records and documents; retention of required records and documents; and/or fulfillment of Owner requests for same.

Petitioners alleged the HOA failed to timely produce requested board minutes and financial compilations for 2022 and 2023. The ALJ found that A.R.S. §§ 10-11601 and 10-11620 were inapplicable. Regarding A.R.S. §§ 33-1805 and 33-1810, the HOA provided reasonable explanations for delays (management transition, accountant extension). Petitioners failed to establish violations, noting they did not request inspection, offer to pay for copies, or inform the HOA of the missing 2022 compilation.

Orders: No action required of Respondent. Petition dismissed.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 10-11601
  • A.R.S. § 10-11620
  • A.R.S. § 33-1805
  • A.R.S. § 33-1810
  • Bylaws Article 10.1.1
  • Bylaws Article 10.3
  • Bylaws Article 7.6.3
  • Bylaws Article 7.6.4
  • Bylaws Article 5.1
  • CC&R Article X Section 3

Misinterpreting the CC&Rs in regards to the Petitioners' security devices.

Petitioners argued their security camera installation was exempt (a “carve out”) from requiring a Design Modification Request (DMR). They also alleged improper notice and fining under A.R.S. § 33-1803 and CC&Rs Article XI Sec 5. The ALJ found the camera created a nuisance for the neighbor by invading privacy. Although the HOA may have had a technical violation in notice (Article XI Sec 5), Petitioners failed to establish overall violations, noting Petitioners refused to submit a DMR as required of all homeowners.

Orders: No action required of Respondent. Petition dismissed. Petitioners are required to submit a DMR.

Filing fee: $500.00, Fee refunded: No, Civil penalty: $150.00

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1803
  • CC&Rs Article IX Section 10
  • CC&Rs Article IX Section 18
  • CC&Rs Article XI Section 1
  • CC&Rs Article XI Section 5
  • HOA Hearing and Fine Policy

Analytics Highlights

Topics: records, minutes, financial statements, audit, compilation, security camera, nuisance, design modification request, DMR, failure to submit DMR, notice violation, burden of proof
Additional Citations:

  • A.R.S. § 10-11601
  • A.R.S. § 10-11620
  • A.R.S. § 33-1805
  • A.R.S. § 33-1810
  • Bylaws Article 10.1.1
  • Bylaws Article 10.3
  • Bylaws Article 7.6.3
  • Bylaws Article 7.6.4
  • Bylaws Article 5.1
  • CC&R Article X Section 3
  • A.R.S. § 33-1803
  • CC&Rs Article IX Section 10
  • CC&Rs Article IX Section 18
  • CC&Rs Article XI Section 1
  • CC&Rs Article XI Section 5
  • HOA Hearing and Fine Policy

Audio Overview

Decision Documents

25F-H027-REL Decision – 1275948.pdf

Uploaded 2026-01-23T18:16:25 (49.4 KB)

25F-H027-REL Decision – 1275971.pdf

Uploaded 2026-01-23T18:16:29 (8.8 KB)

25F-H027-REL Decision – 1297318.pdf

Uploaded 2026-01-23T18:16:33 (49.2 KB)

25F-H027-REL Decision – 1302228.pdf

Uploaded 2026-01-23T18:16:37 (49.4 KB)

25F-H027-REL Decision – 1302231.pdf

Uploaded 2026-01-23T18:16:42 (8.6 KB)

25F-H027-REL Decision – 1336572.pdf

Uploaded 2026-01-23T18:16:45 (212.3 KB)





Briefing Doc – 25F-H027-REL


Briefing on the Administrative Hearing: Schafer & Lawton v. Sycamore Springs HOA

Executive Summary

This document provides a comprehensive analysis of the administrative hearing and final decision in the matter of Kevin W. Schafer & Patricia A. Lawton v. Sycamore Springs Homeowners Association, Inc. (No. 25F-H027-REL). The dispute centered on two core issues: the Homeowners Association’s (HOA) alleged failure to properly prepare, retain, and provide mandatory corporate records, and its alleged misinterpretation of governing documents concerning the installation of a security camera by the petitioners.

Following a hearing on July 22, 2025, Administrative Law Judge (ALJ) Sondra J. Vanella issued a decision on August 6, 2025, dismissing the petition in its entirety. The ALJ concluded that the petitioners failed to meet their burden of proof on all allegations.

Key findings indicate that the HOA’s explanations for delays and missing records—namely, a difficult transition between management companies and a tax filing extension—were deemed reasonable. Regarding the security camera, the ALJ determined that the device constituted a nuisance to a neighbor, a finding within the HOA board’s discretion, and upheld the HOA’s requirement for a Design Modification Request (DMR). The decision affirmed the respondent’s central legal argument distinguishing the duty to “keep” records from a requirement to “take” them.

Case Overview

Case Name

Kevin W. Schafer & Patricia A. Lawton, Petitioners, v. Sycamore Springs Homeowners Association, Inc., Respondent.

Case Number

25F-H027-REL

Tribunal

State of Arizona, Office of Administrative Hearings

Presiding Judge

Administrative Law Judge Sondra J. Vanella

Hearing Date

July 22, 2025

Decision Date

August 6, 2025

Petitioners

Kevin W. Schafer & Patricia A. Lawton (Represented by Craig Cline, Esq.)

Respondent

Sycamore Springs Homeowners Association, Inc. (Represented by Nikolas Thompson, Esq.)

The matter was subject to several continuances at the request of the Respondent, moving the final hearing date to July 22, 2025.

Core Allegations and Disputed Issues

The dispute was formally divided into two primary areas of contention, each involving alleged violations of Arizona Revised Statutes (A.R.S.) and the HOA’s governing documents (CC&Rs and Bylaws).

Issue 1: Records and Document Management

Petitioners’ Allegations: The HOA systematically failed to follow governing documents and state laws regarding the preparation, retention, and fulfillment of owner requests for mandatory records. This included the failure to provide five specific sets of board meeting minutes and the annual financial compilations for fiscal years 2022 and 2023 in a timely manner. Petitioners argued this constituted a breach of fiduciary duty and a violation of multiple statutes and bylaws.

Respondent’s Position: The HOA contended that governing documents and statutes require them to keep records of minutes taken, but not to take minutes for every meeting. This interpretation was based on advice from legal counsel. They argued that most documents were available on the homeowner portal and that the failure to produce one specific set of minutes (December 2023) was due to them being lost by a previous “garbage” management company. The delay in providing the 2023 financial compilation was attributed to a reasonable circumstance: an extension filed for the association’s taxes.

Issue 2: Security Camera Installation

Petitioners’ Allegations: The HOA misinterpreted its own CC&Rs by requiring a DMR for the petitioners’ security camera. Petitioners argued that Article IX, Section 18 of the CC&Rs provides a specific “carve out” for “security devices used exclusively for security purposes.” They further contended they were being targeted, as the HOA had no history of enforcing such a requirement for security cameras until after their device was installed and a neighbor complained.

Respondent’s Position: The HOA board interpreted the CC&R “carve out” as applying only to sound-emitting devices (e.g., alarms, bells), as the clause is situated within a paragraph on noise nuisances. They argued a security camera is an “attachment to an existing structure,” which requires approval from the Architectural Control Committee under a separate CC&R article. Furthermore, the installation created a nuisance by invading a neighbor’s privacy, obligating the board to act. The HOA asserted that all homeowners, including the board president, were subsequently required to submit DMRs for their cameras to ensure consistent enforcement.

Key Testimony and Evidence

Patricia Lawton (Petitioner)

• A former HOA board president for three years, Ms. Lawton testified to having an expert-level understanding of the governing documents.

• Regarding records, she stated that of five requested sets of board minutes, only one was provided, and it was delivered late. She claimed she never received the 2022 financial compilation, only tax returns, and that the 2023 compilation was not provided within the statutorily required timeframe.

• She disputed the validity of the HOA’s tax-extension excuse, testifying that the association operates on a cash basis of accounting, which should not have prevented the timely completion of the compilation.

• She testified that due to security concerns (fear of being hacked), she does not have a registered account for the homeowner portal and accesses it through other community members.

• On the security camera, she asserted it was a residential-grade device installed in response to trespassing and property damage. She maintained that the CC&Rs provided a clear exemption and that the HOA’s enforcement action was retaliatory and inconsistent with historical practice.

Kristen Rowlette (HOA Board President)

• Ms. Rowlette testified that critical documents, including the December 2023 minutes, were lost during a problematic transition from a prior management company, Adams LLC, to the current one, Mission Management. She stated Ms. Lawton was aware of these difficulties as she attended every board meeting.

• She admitted that the board made a decision to stop taking minutes for meetings where no votes were held. She stated this was done on the advice of legal counsel (Smith and Wamsley) and was a direct response to feeling “inundated with requests from Patricia.”

• Regarding the camera, she testified that the issue arose only after a neighbor filed a formal complaint citing privacy concerns for their children. She described visiting the neighbor’s property and observing the camera’s “eye” actively tracking her movements.

• She confirmed that following the complaint, the board, on legal advice, required all homeowners to retroactively submit DMRs for any existing security cameras to ensure uniform enforcement.

Central Legal Arguments

The “Keep” vs. “Take” Debate

The primary legal conflict regarding the meeting minutes centered on the interpretation of a single word.

Petitioners’ Argument: Counsel for the petitioners argued that the phrase “keep the minutes” must be interpreted through a “common sense application,” meaning “maintaining a written record of proceedings and decisions.” It was described as a standard practice for nonprofit organizations for decades, and the respondent’s narrow definition was “overly simplistic.”

Respondent’s Argument: Counsel for the HOA focused on a strict textual interpretation. He argued, “they cannot point to any language in any of the governing documents in any of the statutes that requires associations to take minutes. It just doesn’t exist. What they’ve done is they’ve conflated the word keep… to mean take.” He cited dictionary definitions to assert that “keep” means to hold, maintain, or retain, not to create.

The Security Camera “Carve Out”

The dispute over the camera hinged on whether it fell under an exception in the nuisance clause of the CC&Rs.

Petitioners’ Argument: Article IX, Section 18 exempts “security devices used exclusively for security purposes” from the general prohibition on sound devices. Petitioners argued their camera fit this description, and this carve-out, combined with a total lack of historical enforcement or specific design guidelines for cameras, meant a DMR was not required.

Respondent’s Argument: The exemption is located in a provision focused on noise nuisances (“speakers, horns, whistles, bells or other sound devices”). The board’s interpretation was that the exception logically applies only to sound-emitting security devices like driveway alarms. The camera, as a physical modification, was governed by architectural rules requiring a DMR and was also subject to the board’s “sole discretion” to determine if it constituted a nuisance to neighbors.

Administrative Law Judge’s Decision and Rationale

The ALJ dismissed the petition, finding the petitioners failed to establish their claims by a preponderance of the evidence.

Rationale on Issue 1 (Records)

Alleged Violation

ALJ Conclusion

Rationale

A.R.S. §§ 10-11601, 10-11620 (Corporate Records)

No Jurisdiction

The tribunal’s jurisdiction is limited to Title 33 (planned communities) and does not extend to these Title 10 (nonprofit corporations) statutes.

A.R.S. § 33-1805 (Records Availability)

No Violation

Respondent made records “reasonably available.” The loss of minutes during a management transition and the delay of financials due to a tax extension were deemed reasonable explanations.

A.R.S. § 33-1810 (Annual Audit)

No Violation

The request was made in 2024, entitling petitioners only to 2023 statements. The CC&Rs require owners to pay for audited statements, which petitioners did not offer to do.

CC&R Article X Section 3 & Bylaws Article 10.3 (Inspection)

No Violation

These provisions govern the inspection of documents. Petitioners requested copies without offering to pay for reproduction and never formally requested an in-person inspection.

Bylaws Articles 7.6.3, 7.6.4, 5.1 (Secretary/Treasurer Duties, Meetings)

No Violation

Petitioners failed to provide sufficient evidence that the Secretary or Treasurer failed in their duties or that meetings were not held as required.

Rationale on Issue 2 (Camera)

Alleged Violation

ALJ Conclusion

Rationale

CC&Rs Art. IX §§ 10, 18 (Nuisance)

No Violation

The CC&Rs grant the Board “sole discretion” to determine the existence of a nuisance. The ALJ found the evidence credible that the camera invaded the neighbor’s privacy, thus creating a nuisance.

CC&Rs Art. XI § 1 (Enforcement)

No Violation

Petitioners were notified of their right to a hearing before the Board. The HOA’s request for a DMR was a reasonable enforcement action applied to all community members.

CC&Rs Art. XI § 5 (Notice by Mail)

Technical Violation, No Harm

While there may have been a “technical violation” of the certified mail requirement, the ALJ found that the “Petitioners clearly received all notices” and were not prejudiced.


Case Participants

Petitioner Side

  • Kevin W. Schafer (petitioner)
  • Patricia A. Lawton (petitioner)
    Testified on her own behalf; Former HOA Board President
  • Craig L. Cline (petitioner attorney)
    Udall Law Firm, LLP
  • Maile L. Belongie (petitioner attorney)
    Udall Law Firm, LLP
  • c zauner (petitioner attorney staff)
    Udall Law Firm, LLP
    Listed on email distribution list

Respondent Side

  • Nikolas Thompson (respondent attorney)
    MEAGHER & GEER, P.L.L.P.
  • Kristen Rowlette (board member)
    Sycamore Springs Homeowners Association, Inc.
    HOA President; Testified as witness
  • Jennifer Pembertton (property manager)
    Mission Management
    Community Manager; Mentioned as present at hearing
  • Kurt M. Zitzer (respondent attorney)
    MEAGHER & GEER, P.L.L.P.
  • William Custer (witness)
    Neighbor/Complainant regarding security camera

Neutral Parties

  • Sondra J. Vanella (ALJ)
    OAH
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate
  • vnunez (ADRE staff)
    ADRE
    Listed on email distribution list
  • djones (ADRE staff)
    ADRE
    Listed on email distribution list
  • labril (ADRE staff)
    ADRE
    Listed on email distribution list
  • mneat (ADRE staff)
    ADRE
    Listed on email distribution list
  • lrecchia (ADRE staff)
    ADRE
    Listed on email distribution list
  • gosborn (ADRE staff)
    ADRE
    Listed on email distribution list

Other Participants

  • Eric Harris (board member)
    Sycamore Springs Homeowners Association, Inc. (Former)
    Former HOA Secretary

George Wolchko v. Victoria Manor Management & Property Owners Association

Case Summary

Case ID 25F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-05
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner George Wolchko Counsel
Respondent Victoria Manor Management & Property Owners Association Counsel Christopher Duren

Alleged Violations

A.R.S. § 33-1805
Bylaws, Article III, Section 4
CC&Rs, Section 4.04
Bylaws, Article IV, Section 1

Outcome Summary

The Petitioner prevailed on three of the four issues: Violation of AZ Law on Delivery of Community Documents (A.R.S. § 33-1805), Failure to Uphold CCRs Regarding Common Wall Repairs (Bylaws/CC&R violation), and operating with fewer than the minimum required number of board members (Bylaws violation). The Petitioner did not prevail on the issue regarding the Failure to Hold a Special HOA Meeting.

Why this result: Petitioner's request for an “emergency meeting” regarding the wall repair was deemed technically insufficient to qualify as a formal 'special meeting' petition under the Bylaws.

Key Issues & Findings

Violation of AZ Law on Delivery of Community Documents

The HOA failed to provide the Kachina Management contract within the required ten business days for examination or copies, despite numerous requests.

Orders: Respondent failed to comply with A.R.S. § 33-1805 by not making documents available for examination within ten business days of request.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • Bylaws, Article X
  • CC&Rs, Section 9.07

Failure to Hold a Special HOA Meeting

The HOA failed to hold a special meeting requested by a valid petition signed by 25% of members, concerning common wall damage.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(A)
  • Bylaws, Article III, Section 4

Failure to Uphold CCRs Regarding Common Wall Repairs

The HOA refused to repair a common wall designated as a Common Element after damage was caused by an HOA-sanctioned electrician, failing their maintenance obligation.

Orders: The Board failed to maintain a Common Element (electrical conduit/wall area) in good repair after its hired contractor caused damage, violating Bylaws and CC&R obligations.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1803(A)

Violations of HOA Elections Procedures and Community Documents (Failure to seat required number of board members)

The HOA Board violated governing documents by operating with only two members, failing to maintain the minimum required number of three directors.

Orders: Respondent violated Bylaws Article IV, Section 1 by not maintaining a Board of Directors composed of no fewer than three persons.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 5.03

Analytics Highlights

Topics: HOA governance, Document request, Board composition, Common elements maintenance, Filing fee refund, Civil penalty
Additional Citations:

  • A.R.S. § 33-1805
  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1804(A)




Briefing Doc – 25F-H025-REL


Briefing Document: Wolchko v. Victoria Manor Management & Property Owners Association

Executive Summary

This document synthesizes the key proceedings, arguments, and outcomes of the administrative case George Wolchko v. Victoria Manor Management & Property Owners Association, Case No. 25F-H025-REL, adjudicated by the Arizona Office of Administrative Hearings. The Petitioner, George Wolchko, a homeowner, filed a four-issue petition against the Respondent, his Homeowners Association (HOA), alleging violations of Arizona statutes and the community’s governing documents.

The hearing, held on April 14, 2025, resulted in a mixed but largely favorable outcome for the Petitioner. The Administrative Law Judge (ALJ) found the HOA in violation on three of the four claims:

1. Failure to Provide Documents: The HOA violated A.R.S. § 33-1805 by not making its management contract with Kachina Management available within the legally mandated ten-business-day period.

2. Failure to Repair Common Wall: The HOA violated its own Bylaws and CC&Rs by failing its duty to maintain and repair a common element (an exterior wall and electrical conduit) after its hired contractor performed improper work, leaving a hole that was not weatherproof.

3. Failure to Fill Board Vacancy: The HOA violated its Bylaws, which mandate a board of no fewer than three members, by operating with only two directors since October 2024.

The HOA prevailed on one claim, Failure to Hold a Special Meeting, as the ALJ determined the Petitioner’s request, while clear in intent, was technically deficient under the Bylaws. The final order deemed Mr. Wolchko the prevailing party on three issues, ordering the HOA to reimburse him $1,500.00 in filing fees, to comply with community documents going forward, and levying a civil penalty of $150.00 against the Association.

Case Overview

Case Number

25F-H025-REL

Jurisdiction

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Samuel Fox

Hearing Date

April 14, 2025

Petitioner

George Wolchko

Respondent

Victoria Manor Management & Property Owners Association

Respondent’s Counsel

Christopher Duren (of Gottlieb Law, PLC)

Key Parties and Witnesses

George Wolchko: The Petitioner, owner of a home in the Victoria Manor community since 2018 and a former board member (2018-2023). Testified on his own behalf.

Victoria Manor Management & Property Owners Association: The Respondent, a planned community in Mesa, Arizona, consisting of eight units and seven owners.

Joseph Kidd: A current HOA board member, serving since November 2022. Testified for the Respondent.

Michael Mott: A current HOA board member. Was present at the hearing but did not testify.

Kachina Management, Inc.: The HOA’s management company, contracted in April 2024.

Chris Jones: Elected to the board in September 2024 but resigned shortly thereafter, creating the board vacancy at the heart of Claim 4.

Analysis of Claims, Evidence, and Findings

Claim 1: Violation of AZ Law on Delivery of Community Documents

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1805 and its governing documents by failing to provide a copy of the Kachina Management contract despite numerous requests beginning in May 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Made his first formal email request for the contract on May 6, 2024. He followed up on May 12 and May 26.

◦ The management company, Kachina, responded on May 29, offering an in-person review on June 3 or 4.

◦ Wolchko testified that driving 45 minutes each way was not a “reasonably available” means of access, especially when a digital copy existed and he travels internationally. He noted the CC&Rs explicitly allow for delivery by mail.

◦ After canceling an in-person appointment due to an emergency, his repeated requests for a digital or mailed copy were met with insistence on in-person review.

◦ The contract was finally produced in February 2025, nearly a year after the initial request and only after the petition was filed.

Respondent’s Position:

◦ Argued that by offering in-person inspection at their office, they fulfilled their statutory obligation to make records “reasonably available for examination.”

◦ Emails from Kachina Management to Wolchko confirmed they had prepared the documents for his review on the dates offered. They stated Wolchko canceled the appointment and never rescheduled.

ALJ’s Finding: Violation Found. The ALJ concluded that more than ten business days passed between the initial request on May 6, 2024, and the date the documents were made available for examination on June 3, 2024. This delay constituted a failure to comply with A.R.S. § 33-1805.

Claim 2: Failure to Hold a Special HOA Meeting

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1804(A) and its Bylaws by failing to hold a special meeting requested via a valid petition signed by 25% of the members (Wolchko and Terrance Greer).

Petitioner’s Testimony & Evidence (Wolchko):

◦ Submitted a formal, signed request on June 19, 2024, to hold an “emergency HOA meeting to address repairs on a community common wall.”

◦ He argued this was a valid petition for a special meeting and that the Board ignored it.

◦ The Respondent falsely claimed the meeting was held during the September annual meeting, but the annual meeting notice and minutes contained no mention of the special meeting’s purpose.

Respondent’s Position:

◦ Argued the request was for an “emergency meeting,” which, under statute, can only be called by the Board of Directors, not by member petition.

◦ Contended there is no provision in the governing documents for 25% of members to call an emergency meeting.

◦ Noted that at the annual meeting in September, Wolchko was explicitly asked if he had any issues to discuss and he declined.

ALJ’s Finding: No Violation. The ALJ found that although the intent was clearly to request a special meeting, the petition was technically deficient. It used the term “emergency meeting,” did not include a place for the meeting, and did not use the phrase “special meeting.” While a “mere technicality,” this was sufficient to deem the petition ineffective. The Respondent was deemed the prevailing party on this issue.

Claim 3: Failure to Uphold CCRs Regarding Common Wall Repairs

Petitioner’s Allegation: The HOA failed its duty to repair a common wall damaged by its own electrician in February 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ In February 2024, an HOA-hired contractor, Blue State Electric, performed work on an electrical conduit on his building’s exterior wall, which the board had previously designated a “true common area” with shared 50/50 maintenance costs.

◦ The work left a hole filled with foam that was not watertight. His immediate notification on March 15, 2024, was dismissed by board member Joseph Kidd, who claimed the hole was a pre-existing condition exposed by the work and therefore not the HOA’s responsibility.

◦ After months of the board refusing to act, he investigated the box himself, discovering an HOA wire running through his wall. He stated he only touched the box to prove it was an HOA issue after being told to “deal with it myself.”

◦ He disputed the validity of an $1,867 invoice from a second contractor (Canyon State), stating it was solicited by the board to blame him for damage he did not cause.

Respondent’s Testimony & Evidence (Kidd):

◦ The electrical box and conduit are common elements that serve four buildings.

◦ Wolchko is not a licensed Arizona electrician and had no authorization to touch the common element.

◦ Kidd testified that after Wolchko sent a video of himself pulling the box out, the board hired Canyon State to inspect it.

◦ He acknowledged offering to help Wolchko patch the stucco but denied authorizing any electrical work.

ALJ’s Finding: Violation Found. The ALJ determined that the preponderance of evidence supported that the “Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing.” Because the wall and electrical conduit were common elements, the board had a duty to maintain them in good repair. The board “declined to correct the problem its contractor caused,” thus violating the Bylaws and CC&Rs.

Claim 4: Failure to Maintain Required Number of Board Members

Petitioner’s Allegation: The HOA violated its Bylaws (Article IV, Section 1), which require a board of “no less than three (3) persons,” by operating with only two members.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Following the September 19, 2024 election, three members were elected: Joseph Kidd, Michael Mott, and Chris Jones.

◦ Chris Jones resigned almost immediately, leaving the board with two members.

◦ He argued that while the bylaws state a vacancy “may be filled” by the remaining directors, this grants authority, it does not waive the fundamental requirement of having at least three members.

◦ He noted that two other owners (himself and Terrance Greer), representing 25% of the HOA, were willing to serve, so the vacancy could be filled.

Respondent’s Testimony & Evidence (Kidd):

◦ Confirmed Jones resigned by early October 2024.

◦ Stated the board reached out to other members who expressed no interest in serving.

◦ Testified that Kachina Management advised them that filling the seat was at their discretion.

◦ The Respondent’s legal argument was that the Bylaw’s use of the word “may” (“may be filled”) makes filling the vacancy optional, not mandatory.

ALJ’s Finding: Violation Found. The ALJ was “not persuasive” by the Respondent’s argument. The decision states: “This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.” The preponderance of evidence established that the HOA violated its Bylaws by not having enough Board members.

Final Decision and Order

Prevailing Party: George Wolchko was deemed the prevailing party on Petition Issues 1, 3, and 4. Victoria Manor was deemed the prevailing party on Issue 2.

Reimbursement: The Respondent was ordered to pay the Petitioner $1,500.00 for filing fees within thirty days.

Compliance: The Respondent was directed to “comply with the requirements of its Community Documents going forward.”

Civil Penalty: A civil penalty of $150.00 was levied against the Respondent.

Decision Date: May 5, 2025.


Questions

Question

How long does the HOA have to provide records after I request them?

Short Answer

The HOA has ten business days to fulfill a request to examine or provide copies of records.

Detailed Answer

Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.

Alj Quote

A.R.S. § 33-1805 provides an association 'ten business days to fulfill a request for examination' or 'to provide copies of the requested records.' … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can homeowners call an 'emergency meeting' regarding repairs?

Short Answer

Generally, no. Homeowners should request a 'special meeting' instead, as 'emergency meetings' are typically reserved for the Board.

Detailed Answer

While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an 'emergency meeting' was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request 'special meetings'.

Alj Quote

In the context of the communications about this meeting, it is clear that Petitioner was requesting a 'special meeting' not an 'emergency meeting,' which can only be called by the Board.

Legal Basis

Bylaws

Topic Tags

  • meetings
  • procedure
  • homeowner rights

Question

What specific details must be included in a petition for a special meeting?

Short Answer

The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.

Detailed Answer

Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label ('special meeting')—can render a petition invalid, even if it has the required number of signatures.

Alj Quote

The petition did not include a place for the meeting, the topic to be discussed, or the phrase 'special meeting.' … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.

Legal Basis

Bylaws Article III, Section 4

Topic Tags

  • meetings
  • petitions
  • technicalities

Question

Is the HOA responsible if a contractor they hired does poor work on a common element?

Short Answer

Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.

Detailed Answer

If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.

Alj Quote

The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.

Legal Basis

Bylaws Article IV, Section 3; CC&R Section 4.05(2)

Topic Tags

  • maintenance
  • common elements
  • contractors

Question

Can the HOA Board operate with fewer members than the Bylaws require?

Short Answer

No. If the Bylaws state a minimum number of directors, the Board must maintain that number.

Detailed Answer

The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.

Alj Quote

Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.

Legal Basis

Bylaws Article IV, Section 1

Topic Tags

  • board composition
  • bylaws
  • vacancies

Question

Does a Bylaw saying a vacancy 'may be filled' mean the Board can choose to leave a seat empty?

Short Answer

No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.

Detailed Answer

HOAs cannot use the word 'may' in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.

Alj Quote

Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.

Legal Basis

Bylaws

Topic Tags

  • legal interpretation
  • board vacancies
  • bylaws

Question

If I win my hearing against the HOA, can I get my filing fee back?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.

Alj Quote

IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • reimbursement
  • fees
  • penalties

Question

Can the HOA be fined for these violations?

Short Answer

Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.

Detailed Answer

The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.

Alj Quote

A Civil Penalty of $150.00 is found to be appropriate in this matter.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • fines
  • civil penalty
  • enforcement

Case

Docket No

25F-H025-REL

Case Title

George Wolchko v. Victoria Manor Management & Property Owners Association

Decision Date

2025-05-05

Alj Name

Samuel Fox

Tribunal

OAH

Agency

ADRE

Questions

Question

How long does the HOA have to provide records after I request them?

Short Answer

The HOA has ten business days to fulfill a request to examine or provide copies of records.

Detailed Answer

Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.

Alj Quote

A.R.S. § 33-1805 provides an association 'ten business days to fulfill a request for examination' or 'to provide copies of the requested records.' … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.

Legal Basis

A.R.S. § 33-1805

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can homeowners call an 'emergency meeting' regarding repairs?

Short Answer

Generally, no. Homeowners should request a 'special meeting' instead, as 'emergency meetings' are typically reserved for the Board.

Detailed Answer

While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an 'emergency meeting' was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request 'special meetings'.

Alj Quote

In the context of the communications about this meeting, it is clear that Petitioner was requesting a 'special meeting' not an 'emergency meeting,' which can only be called by the Board.

Legal Basis

Bylaws

Topic Tags

  • meetings
  • procedure
  • homeowner rights

Question

What specific details must be included in a petition for a special meeting?

Short Answer

The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.

Detailed Answer

Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label ('special meeting')—can render a petition invalid, even if it has the required number of signatures.

Alj Quote

The petition did not include a place for the meeting, the topic to be discussed, or the phrase 'special meeting.' … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.

Legal Basis

Bylaws Article III, Section 4

Topic Tags

  • meetings
  • petitions
  • technicalities

Question

Is the HOA responsible if a contractor they hired does poor work on a common element?

Short Answer

Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.

Detailed Answer

If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.

Alj Quote

The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.

Legal Basis

Bylaws Article IV, Section 3; CC&R Section 4.05(2)

Topic Tags

  • maintenance
  • common elements
  • contractors

Question

Can the HOA Board operate with fewer members than the Bylaws require?

Short Answer

No. If the Bylaws state a minimum number of directors, the Board must maintain that number.

Detailed Answer

The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.

Alj Quote

Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.

Legal Basis

Bylaws Article IV, Section 1

Topic Tags

  • board composition
  • bylaws
  • vacancies

Question

Does a Bylaw saying a vacancy 'may be filled' mean the Board can choose to leave a seat empty?

Short Answer

No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.

Detailed Answer

HOAs cannot use the word 'may' in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.

Alj Quote

Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.

Legal Basis

Bylaws

Topic Tags

  • legal interpretation
  • board vacancies
  • bylaws

Question

If I win my hearing against the HOA, can I get my filing fee back?

Short Answer

Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.

Detailed Answer

In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.

Alj Quote

IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.

Legal Basis

Administrative Order

Topic Tags

  • reimbursement
  • fees
  • penalties

Question

Can the HOA be fined for these violations?

Short Answer

Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.

Detailed Answer

The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.

Alj Quote

A Civil Penalty of $150.00 is found to be appropriate in this matter.

Legal Basis

A.R.S. § 32-2199.02

Topic Tags

  • fines
  • civil penalty
  • enforcement

Case

Docket No

25F-H025-REL

Case Title

George Wolchko v. Victoria Manor Management & Property Owners Association

Decision Date

2025-05-05

Alj Name

Samuel Fox

Tribunal

OAH

Agency

ADRE

George Wolchko v. Victoria Manor Management & Property Owners

Case Summary

Case ID 25F-H025-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-05-05
Administrative Law Judge Samuel Fox
Outcome partial
Filing Fees Refunded $2,000.00
Civil Penalties $150.00

Parties & Counsel

Petitioner George Wolchko Counsel
Respondent Victoria Manor Management & Property Owners Association Counsel Christopher Duren

Alleged Violations

A.R.S. § 33-1805
Bylaws, Article III, Section 4
CC&Rs, Section 4.04
Bylaws, Article IV, Section 1

Outcome Summary

The Petitioner prevailed on three of the four issues: Violation of AZ Law on Delivery of Community Documents (A.R.S. § 33-1805), Failure to Uphold CCRs Regarding Common Wall Repairs (Bylaws/CC&R violation), and operating with fewer than the minimum required number of board members (Bylaws violation). The Petitioner did not prevail on the issue regarding the Failure to Hold a Special HOA Meeting.

Why this result: Petitioner's request for an “emergency meeting” regarding the wall repair was deemed technically insufficient to qualify as a formal 'special meeting' petition under the Bylaws.

Key Issues & Findings

Violation of AZ Law on Delivery of Community Documents

The HOA failed to provide the Kachina Management contract within the required ten business days for examination or copies, despite numerous requests.

Orders: Respondent failed to comply with A.R.S. § 33-1805 by not making documents available for examination within ten business days of request.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • A.R.S. § 33-1805
  • Bylaws, Article X
  • CC&Rs, Section 9.07

Failure to Hold a Special HOA Meeting

The HOA failed to hold a special meeting requested by a valid petition signed by 25% of members, concerning common wall damage.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1804(A)
  • Bylaws, Article III, Section 4

Failure to Uphold CCRs Regarding Common Wall Repairs

The HOA refused to repair a common wall designated as a Common Element after damage was caused by an HOA-sanctioned electrician, failing their maintenance obligation.

Orders: The Board failed to maintain a Common Element (electrical conduit/wall area) in good repair after its hired contractor caused damage, violating Bylaws and CC&R obligations.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1803(A)

Violations of HOA Elections Procedures and Community Documents (Failure to seat required number of board members)

The HOA Board violated governing documents by operating with only two members, failing to maintain the minimum required number of three directors.

Orders: Respondent violated Bylaws Article IV, Section 1 by not maintaining a Board of Directors composed of no fewer than three persons.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $50.00

Disposition: petitioner_win

Cited:

  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 5.03

Analytics Highlights

Topics: HOA governance, Document request, Board composition, Common elements maintenance, Filing fee refund, Civil penalty
Additional Citations:

  • A.R.S. § 33-1805
  • Bylaws, Article IV, Section 1
  • CC&Rs, Section 4.04
  • Bylaws, Article IV, Section 3
  • A.R.S. § 33-1804(A)

Audio Overview

Decision Documents

25F-H025-REL Decision – 1268559.pdf

Uploaded 2026-01-23T18:15:49 (55.5 KB)

25F-H025-REL Decision – 1276022.pdf

Uploaded 2026-01-23T18:15:55 (57.0 KB)

25F-H025-REL Decision – 1276027.pdf

Uploaded 2026-01-23T18:16:00 (7.3 KB)

25F-H025-REL Decision – 1282178.pdf

Uploaded 2026-01-23T18:16:05 (49.3 KB)

25F-H025-REL Decision – 1288973.pdf

Uploaded 2026-01-23T18:16:09 (52.0 KB)

25F-H025-REL Decision – 1290761.pdf

Uploaded 2026-01-23T18:16:13 (50.5 KB)

25F-H025-REL Decision – 1301417.pdf

Uploaded 2026-01-23T18:16:17 (224.5 KB)





Briefing Doc – 25F-H025-REL


Briefing Document: Wolchko v. Victoria Manor Management & Property Owners Association

Executive Summary

This document synthesizes the key proceedings, arguments, and outcomes of the administrative case George Wolchko v. Victoria Manor Management & Property Owners Association, Case No. 25F-H025-REL, adjudicated by the Arizona Office of Administrative Hearings. The Petitioner, George Wolchko, a homeowner, filed a four-issue petition against the Respondent, his Homeowners Association (HOA), alleging violations of Arizona statutes and the community’s governing documents.

The hearing, held on April 14, 2025, resulted in a mixed but largely favorable outcome for the Petitioner. The Administrative Law Judge (ALJ) found the HOA in violation on three of the four claims:

1. Failure to Provide Documents: The HOA violated A.R.S. § 33-1805 by not making its management contract with Kachina Management available within the legally mandated ten-business-day period.

2. Failure to Repair Common Wall: The HOA violated its own Bylaws and CC&Rs by failing its duty to maintain and repair a common element (an exterior wall and electrical conduit) after its hired contractor performed improper work, leaving a hole that was not weatherproof.

3. Failure to Fill Board Vacancy: The HOA violated its Bylaws, which mandate a board of no fewer than three members, by operating with only two directors since October 2024.

The HOA prevailed on one claim, Failure to Hold a Special Meeting, as the ALJ determined the Petitioner’s request, while clear in intent, was technically deficient under the Bylaws. The final order deemed Mr. Wolchko the prevailing party on three issues, ordering the HOA to reimburse him $1,500.00 in filing fees, to comply with community documents going forward, and levying a civil penalty of $150.00 against the Association.

Case Overview

Case Number

25F-H025-REL

Jurisdiction

Arizona Office of Administrative Hearings (OAH)

Presiding Judge

Administrative Law Judge Samuel Fox

Hearing Date

April 14, 2025

Petitioner

George Wolchko

Respondent

Victoria Manor Management & Property Owners Association

Respondent’s Counsel

Christopher Duren (of Gottlieb Law, PLC)

Key Parties and Witnesses

George Wolchko: The Petitioner, owner of a home in the Victoria Manor community since 2018 and a former board member (2018-2023). Testified on his own behalf.

Victoria Manor Management & Property Owners Association: The Respondent, a planned community in Mesa, Arizona, consisting of eight units and seven owners.

Joseph Kidd: A current HOA board member, serving since November 2022. Testified for the Respondent.

Michael Mott: A current HOA board member. Was present at the hearing but did not testify.

Kachina Management, Inc.: The HOA’s management company, contracted in April 2024.

Chris Jones: Elected to the board in September 2024 but resigned shortly thereafter, creating the board vacancy at the heart of Claim 4.

Analysis of Claims, Evidence, and Findings

Claim 1: Violation of AZ Law on Delivery of Community Documents

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1805 and its governing documents by failing to provide a copy of the Kachina Management contract despite numerous requests beginning in May 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Made his first formal email request for the contract on May 6, 2024. He followed up on May 12 and May 26.

◦ The management company, Kachina, responded on May 29, offering an in-person review on June 3 or 4.

◦ Wolchko testified that driving 45 minutes each way was not a “reasonably available” means of access, especially when a digital copy existed and he travels internationally. He noted the CC&Rs explicitly allow for delivery by mail.

◦ After canceling an in-person appointment due to an emergency, his repeated requests for a digital or mailed copy were met with insistence on in-person review.

◦ The contract was finally produced in February 2025, nearly a year after the initial request and only after the petition was filed.

Respondent’s Position:

◦ Argued that by offering in-person inspection at their office, they fulfilled their statutory obligation to make records “reasonably available for examination.”

◦ Emails from Kachina Management to Wolchko confirmed they had prepared the documents for his review on the dates offered. They stated Wolchko canceled the appointment and never rescheduled.

ALJ’s Finding: Violation Found. The ALJ concluded that more than ten business days passed between the initial request on May 6, 2024, and the date the documents were made available for examination on June 3, 2024. This delay constituted a failure to comply with A.R.S. § 33-1805.

Claim 2: Failure to Hold a Special HOA Meeting

Petitioner’s Allegation: The HOA violated A.R.S. § 33-1804(A) and its Bylaws by failing to hold a special meeting requested via a valid petition signed by 25% of the members (Wolchko and Terrance Greer).

Petitioner’s Testimony & Evidence (Wolchko):

◦ Submitted a formal, signed request on June 19, 2024, to hold an “emergency HOA meeting to address repairs on a community common wall.”

◦ He argued this was a valid petition for a special meeting and that the Board ignored it.

◦ The Respondent falsely claimed the meeting was held during the September annual meeting, but the annual meeting notice and minutes contained no mention of the special meeting’s purpose.

Respondent’s Position:

◦ Argued the request was for an “emergency meeting,” which, under statute, can only be called by the Board of Directors, not by member petition.

◦ Contended there is no provision in the governing documents for 25% of members to call an emergency meeting.

◦ Noted that at the annual meeting in September, Wolchko was explicitly asked if he had any issues to discuss and he declined.

ALJ’s Finding: No Violation. The ALJ found that although the intent was clearly to request a special meeting, the petition was technically deficient. It used the term “emergency meeting,” did not include a place for the meeting, and did not use the phrase “special meeting.” While a “mere technicality,” this was sufficient to deem the petition ineffective. The Respondent was deemed the prevailing party on this issue.

Claim 3: Failure to Uphold CCRs Regarding Common Wall Repairs

Petitioner’s Allegation: The HOA failed its duty to repair a common wall damaged by its own electrician in February 2024.

Petitioner’s Testimony & Evidence (Wolchko):

◦ In February 2024, an HOA-hired contractor, Blue State Electric, performed work on an electrical conduit on his building’s exterior wall, which the board had previously designated a “true common area” with shared 50/50 maintenance costs.

◦ The work left a hole filled with foam that was not watertight. His immediate notification on March 15, 2024, was dismissed by board member Joseph Kidd, who claimed the hole was a pre-existing condition exposed by the work and therefore not the HOA’s responsibility.

◦ After months of the board refusing to act, he investigated the box himself, discovering an HOA wire running through his wall. He stated he only touched the box to prove it was an HOA issue after being told to “deal with it myself.”

◦ He disputed the validity of an $1,867 invoice from a second contractor (Canyon State), stating it was solicited by the board to blame him for damage he did not cause.

Respondent’s Testimony & Evidence (Kidd):

◦ The electrical box and conduit are common elements that serve four buildings.

◦ Wolchko is not a licensed Arizona electrician and had no authorization to touch the common element.

◦ Kidd testified that after Wolchko sent a video of himself pulling the box out, the board hired Canyon State to inspect it.

◦ He acknowledged offering to help Wolchko patch the stucco but denied authorizing any electrical work.

ALJ’s Finding: Violation Found. The ALJ determined that the preponderance of evidence supported that the “Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing.” Because the wall and electrical conduit were common elements, the board had a duty to maintain them in good repair. The board “declined to correct the problem its contractor caused,” thus violating the Bylaws and CC&Rs.

Claim 4: Failure to Maintain Required Number of Board Members

Petitioner’s Allegation: The HOA violated its Bylaws (Article IV, Section 1), which require a board of “no less than three (3) persons,” by operating with only two members.

Petitioner’s Testimony & Evidence (Wolchko):

◦ Following the September 19, 2024 election, three members were elected: Joseph Kidd, Michael Mott, and Chris Jones.

◦ Chris Jones resigned almost immediately, leaving the board with two members.

◦ He argued that while the bylaws state a vacancy “may be filled” by the remaining directors, this grants authority, it does not waive the fundamental requirement of having at least three members.

◦ He noted that two other owners (himself and Terrance Greer), representing 25% of the HOA, were willing to serve, so the vacancy could be filled.

Respondent’s Testimony & Evidence (Kidd):

◦ Confirmed Jones resigned by early October 2024.

◦ Stated the board reached out to other members who expressed no interest in serving.

◦ Testified that Kachina Management advised them that filling the seat was at their discretion.

◦ The Respondent’s legal argument was that the Bylaw’s use of the word “may” (“may be filled”) makes filling the vacancy optional, not mandatory.

ALJ’s Finding: Violation Found. The ALJ was “not persuasive” by the Respondent’s argument. The decision states: “This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.” The preponderance of evidence established that the HOA violated its Bylaws by not having enough Board members.

Final Decision and Order

Prevailing Party: George Wolchko was deemed the prevailing party on Petition Issues 1, 3, and 4. Victoria Manor was deemed the prevailing party on Issue 2.

Reimbursement: The Respondent was ordered to pay the Petitioner $1,500.00 for filing fees within thirty days.

Compliance: The Respondent was directed to “comply with the requirements of its Community Documents going forward.”

Civil Penalty: A civil penalty of $150.00 was levied against the Respondent.

Decision Date: May 5, 2025.






Study Guide – 25F-H025-REL


{ “case”: { “docket_no”: “25F-H025-REL”, “case_title”: “George Wolchko v. Victoria Manor Management & Property Owners Association”, “decision_date”: “2025-05-05”, “alj_name”: “Samuel Fox”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “How long does the HOA have to provide records after I request them?”, “short_answer”: “The HOA has ten business days to fulfill a request to examine or provide copies of records.”, “detailed_answer”: “Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.”, “alj_quote”: “A.R.S. § 33-1805 provides an association ‘ten business days to fulfill a request for examination’ or ‘to provide copies of the requested records.’ … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “deadlines”, “HOA obligations” ] }, { “question”: “Can homeowners call an ’emergency meeting’ regarding repairs?”, “short_answer”: “Generally, no. Homeowners should request a ‘special meeting’ instead, as ’emergency meetings’ are typically reserved for the Board.”, “detailed_answer”: “While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an ’emergency meeting’ was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request ‘special meetings’.”, “alj_quote”: “In the context of the communications about this meeting, it is clear that Petitioner was requesting a ‘special meeting’ not an ’emergency meeting,’ which can only be called by the Board.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “meetings”, “procedure”, “homeowner rights” ] }, { “question”: “What specific details must be included in a petition for a special meeting?”, “short_answer”: “The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.”, “detailed_answer”: “Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label (‘special meeting’)—can render a petition invalid, even if it has the required number of signatures.”, “alj_quote”: “The petition did not include a place for the meeting, the topic to be discussed, or the phrase ‘special meeting.’ … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.”, “legal_basis”: “Bylaws Article III, Section 4”, “topic_tags”: [ “meetings”, “petitions”, “technicalities” ] }, { “question”: “Is the HOA responsible if a contractor they hired does poor work on a common element?”, “short_answer”: “Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.”, “detailed_answer”: “If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.”, “alj_quote”: “The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.”, “legal_basis”: “Bylaws Article IV, Section 3; CC&R Section 4.05(2)”, “topic_tags”: [ “maintenance”, “common elements”, “contractors” ] }, { “question”: “Can the HOA Board operate with fewer members than the Bylaws require?”, “short_answer”: “No. If the Bylaws state a minimum number of directors, the Board must maintain that number.”, “detailed_answer”: “The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.”, “alj_quote”: “Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.”, “legal_basis”: “Bylaws Article IV, Section 1”, “topic_tags”: [ “board composition”, “bylaws”, “vacancies” ] }, { “question”: “Does a Bylaw saying a vacancy ‘may be filled’ mean the Board can choose to leave a seat empty?”, “short_answer”: “No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.”, “detailed_answer”: “HOAs cannot use the word ‘may’ in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.”, “alj_quote”: “Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “legal interpretation”, “board vacancies”, “bylaws” ] }, { “question”: “If I win my hearing against the HOA, can I get my filing fee back?”, “short_answer”: “Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.”, “detailed_answer”: “In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.”, “alj_quote”: “IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.”, “legal_basis”: “Administrative Order”, “topic_tags”: [ “reimbursement”, “fees”, “penalties” ] }, { “question”: “Can the HOA be fined for these violations?”, “short_answer”: “Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.”, “detailed_answer”: “The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.”, “alj_quote”: “A Civil Penalty of $150.00 is found to be appropriate in this matter.”, “legal_basis”: “A.R.S. § 32-2199.02”, “topic_tags”: [ “fines”, “civil penalty”, “enforcement” ] } ] }






Blog Post – 25F-H025-REL


{ “case”: { “docket_no”: “25F-H025-REL”, “case_title”: “George Wolchko v. Victoria Manor Management & Property Owners Association”, “decision_date”: “2025-05-05”, “alj_name”: “Samuel Fox”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “How long does the HOA have to provide records after I request them?”, “short_answer”: “The HOA has ten business days to fulfill a request to examine or provide copies of records.”, “detailed_answer”: “Under A.R.S. § 33-1805, an association must strictly adhere to a ten-business-day timeframe. In this case, providing access nearly a month after the initial request was found to be a violation of state law.”, “alj_quote”: “A.R.S. § 33-1805 provides an association ‘ten business days to fulfill a request for examination’ or ‘to provide copies of the requested records.’ … More than ten business days passed between May 6, 2024, and June 3, 2024. Petitioner demonstrated by a preponderance of the evidence that Respondent, through Kachina, failed to comply with A.R.S. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “records request”, “deadlines”, “HOA obligations” ] }, { “question”: “Can homeowners call an ’emergency meeting’ regarding repairs?”, “short_answer”: “Generally, no. Homeowners should request a ‘special meeting’ instead, as ’emergency meetings’ are typically reserved for the Board.”, “detailed_answer”: “While homeowners may petition for a meeting, using the correct terminology is critical. In this case, a petition for an ’emergency meeting’ was deemed ineffective because that specific type of meeting is a Board function, whereas homeowners are authorized to request ‘special meetings’.”, “alj_quote”: “In the context of the communications about this meeting, it is clear that Petitioner was requesting a ‘special meeting’ not an ’emergency meeting,’ which can only be called by the Board.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “meetings”, “procedure”, “homeowner rights” ] }, { “question”: “What specific details must be included in a petition for a special meeting?”, “short_answer”: “The petition must usually include the date, hour, place of the meeting, and the specific purpose or topic.”, “detailed_answer”: “Failure to include all technical details required by the Bylaws—such as the specific place of the meeting or the correct label (‘special meeting’)—can render a petition invalid, even if it has the required number of signatures.”, “alj_quote”: “The petition did not include a place for the meeting, the topic to be discussed, or the phrase ‘special meeting.’ … Petitioner’s special meeting request did not fully comply with the requirements of the Bylaws. Although it is a mere technicality, it is sufficient to deem the petition for a special meeting ineffective.”, “legal_basis”: “Bylaws Article III, Section 4”, “topic_tags”: [ “meetings”, “petitions”, “technicalities” ] }, { “question”: “Is the HOA responsible if a contractor they hired does poor work on a common element?”, “short_answer”: “Yes. The HOA has a duty to maintain common elements and correct problems caused by their contractors.”, “detailed_answer”: “If an HOA-hired contractor installs incorrect equipment or leaves a common element exposed to damage (like weather), the Board cannot decline to fix it. They retain the obligation to maintain the area in good repair.”, “alj_quote”: “The preponderance of the evidence supports that the Board-hired electrician installed the wrong kind of box and left a section of the wall exposed without proper weather proofing… The Board declined to correct the problem its contractor caused… The preponderance of the evidence supports that the Board failed to maintain this area in good repair in violation of the Bylaws and CC&R.”, “legal_basis”: “Bylaws Article IV, Section 3; CC&R Section 4.05(2)”, “topic_tags”: [ “maintenance”, “common elements”, “contractors” ] }, { “question”: “Can the HOA Board operate with fewer members than the Bylaws require?”, “short_answer”: “No. If the Bylaws state a minimum number of directors, the Board must maintain that number.”, “detailed_answer”: “The Board cannot choose to operate with fewer directors than mandated. In this case, operating with two directors when the Bylaws required a minimum of three was a violation.”, “alj_quote”: “Article IV, section 1 of the Bylaws require a Board of no fewer than three people. The preponderance of the evidence established that the Board has consisted of two people for some time… The preponderance of the evidence supports that Respondent violated the Bylaws by not having enough Board members.”, “legal_basis”: “Bylaws Article IV, Section 1”, “topic_tags”: [ “board composition”, “bylaws”, “vacancies” ] }, { “question”: “Does a Bylaw saying a vacancy ‘may be filled’ mean the Board can choose to leave a seat empty?”, “short_answer”: “No. That language typically describes the method of filling the seat (appointment) rather than permission to leave it vacant below the required minimum.”, “detailed_answer”: “HOAs cannot use the word ‘may’ in vacancy provisions to justify ignoring minimum board size requirements. The provision allows for appointment rather than election to fill the spot, but does not absolve the Board of the duty to have the required number of members.”, “alj_quote”: “Respondent argued that Section 5, Vacancies does not require the Board to fill a vacant position… This argument was not persuasive. This provision allows for the appointment, rather than the election, of a Director to a vacant seat. It does not absolve the Board from having the minimum number of Directors.”, “legal_basis”: “Bylaws”, “topic_tags”: [ “legal interpretation”, “board vacancies”, “bylaws” ] }, { “question”: “If I win my hearing against the HOA, can I get my filing fee back?”, “short_answer”: “Yes, the Administrative Law Judge can order the HOA to reimburse the petitioner for the filing fee.”, “detailed_answer”: “In this decision, the HOA was ordered to pay the $1,500.00 filing fee directly to the homeowners within 30 days because the homeowners prevailed on the majority of their issues.”, “alj_quote”: “IT IS ORDERED that Respondent pay Petitioners the filing fee of $1,500.00, to be paid directly to Petitioners within thirty (30) days of this Order.”, “legal_basis”: “Administrative Order”, “topic_tags”: [ “reimbursement”, “fees”, “penalties” ] }, { “question”: “Can the HOA be fined for these violations?”, “short_answer”: “Yes, a civil penalty may be levied, though it may be a nominal amount compared to the filing fees.”, “detailed_answer”: “The ALJ has the authority to levy civil penalties for violations of statutes or community documents. In this specific case, a penalty of $150.00 was deemed appropriate.”, “alj_quote”: “A Civil Penalty of $150.00 is found to be appropriate in this matter.”, “legal_basis”: “A.R.S. § 32-2199.02”, “topic_tags”: [ “fines”, “civil penalty”, “enforcement” ] } ] }


Case Participants

Petitioner Side

  • George Wolchko (petitioner)
  • Terrance Greer (owner/petitioner supporter)
    Signed special meeting petition

Respondent Side

  • Christopher Duren (HOA attorney)
    GOTTLIEB LAW, PLC
    Appeared as counsel for Respondent; referenced as Mr. Duran/Durham
  • Joseph Kidd (board member/witness)
    Victoria Manor Management & Property Owners Association
  • Michael Mott (board member)
    Victoria Manor Management & Property Owners Association
  • Benjamin L. Gottlieb (HOA attorney)
    GOTTLIEB LAW, PLC
  • Mark Rounsaville (HOA representative)
    Kachina Management
    Also referred to as R. Mark Rounsaville; filed written answer for Respondent
  • Chris Jones (former board member)
    Victoria Manor Management & Property Owners Association
    Elected September 2024, resigned shortly thereafter
  • Ashley Love (property manager)
    Tri City Property Management
  • Deja Rabone (property manager)
    Tri City Property Management
  • Amy (law firm staff)
    GOTTLIEB LAW, PLC
  • Joshua (law firm staff)
    GOTTLIEB LAW, PLC
  • Chris (law firm staff)
    GOTTLIEB LAW, PLC
    Distinct from Christopher Duren
  • Karen F. (law firm staff)
    GOTTLIEB LAW, PLC

Neutral Parties

  • Samuel Fox (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Alexis Madrid (ALJ)
    OAH

Other Participants

  • Ron Owen (former board member)
    Victoria Manor Management & Property Owners Association
  • V. Nunez (ADRE staff)
    Arizona Department of Real Estate
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
  • L. Recchia (ADRE staff)
    Arizona Department of Real Estate
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate

Debbie Westerman v. Bridgewood Nine 30 Homeowners Association

Case Summary

Case ID 25F-H029-REL
Agency ADRE
Tribunal OAH
Decision Date 2025-03-12
Administrative Law Judge Samuel Fox
Outcome loss
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Debbie Westerman Counsel
Respondent Bridgewood Nine 30 Homeowners Association Counsel Mark Lines

Alleged Violations

A.R.S. § 33-1258

Outcome Summary

The ALJ found that the documents Petitioner requested—specifically bills issued by Respondent’s counsel—were privileged communications under A.R.S. § 33-1258(B)(1). Because these documents were subject to the statutory exception, the Petitioner failed to meet her burden of proof that the Respondent violated the records request statute. Respondent was deemed the prevailing party.

Why this result: Petitioner failed to establish a violation because the requested records fell under the attorney-client privilege exception defined in A.R.S. § 33-1258(B).

Key Issues & Findings

Alleged violation of member's right to examine financial records regarding legal fees.

Petitioner sought statements from the HOA's law firm (Shaw and Lines) from 2015 onward, specifically seeking the numerical amounts paid in legal fees. The HOA failed to respond within ten business days. The HOA argued the requested bills were privileged communications and therefore exempt from disclosure under A.R.S. § 33-1258(B)(1).

Orders: Respondent was deemed the prevailing party in this matter.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • A.R.S. § 33-1805
  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(B)(1)

Analytics Highlights

Topics: records request, HOA records, condominium act, privileged communication, attorney-client privilege, legal fees
Additional Citations:

  • A.R.S. § 33-1258
  • A.R.S. § 33-1258(B)(1)

Audio Overview

Decision Documents

25F-H029-REL Decision – 1282218.pdf

Uploaded 2026-01-23T18:16:55 (95.6 KB)





Briefing Doc – 25F-H029-REL


Administrative Hearing Briefing: Westerman vs. Bridgewood 930 POA (Case No. 25F-H029-REL)

Executive Summary

This document synthesizes the proceedings and outcome of an administrative hearing (Case No. 25F-H029-REL) held on February 20, 2025, concerning a records request dispute between a homeowner and a condominium association. The petitioner, Debbie Westerman, alleged that the Bridgewood Nine 30 Homeowners Association (the Respondent) violated state law by failing to provide financial records, specifically ten years of legal billing statements from its counsel.

The petitioner’s position was that she made a simple, direct request for the total amount of legal fees paid by the association and did not receive a timely response as required by statute. The respondent countered that the request was procedurally deficient and, more critically, that the specific documents sought—attorney invoices—are explicitly exempt from disclosure under the attorney-client privilege exception within the governing statute.

The Administrative Law Judge (ALJ), Samuel Fox, ultimately ruled in favor of the Respondent. While acknowledging that the association’s initial response was outside the ten-day statutory window, the dispositive factor was the nature of the records requested. The ALJ accepted the respondent’s counsel’s representation that the documents were privileged. Based on this, the decision concluded that because the records were exempt from disclosure under the statute’s privilege exception, the ten-day requirement to produce them did not apply. The petitioner therefore failed to meet her burden of proof that a violation had occurred, and the association was deemed the prevailing party.

I. Case Overview

Case Number

25F-H029-REL

Hearing Date

February 20, 2025

Decision Date

March 12, 2025

Presiding Judge

Administrative Law Judge Samuel Fox

Petitioner

Debbie Westerman

Respondent

Bridgewood Nine 30 Homeowners Association

Respondent’s Counsel

Mark Lines, Shaw & Lines, LLC

Respondent’s Witnesses

Michael Brubaker (Board President)

Core Issue

Alleged violation of Arizona Revised Statutes (A.R.S.) § 33-1258, concerning a member’s right to access and examine association records.

II. The Initial Request and Petition

The dispute originated from a discussion at an association annual meeting regarding a $50,000 legal expenditure in 2018. Following this, the petitioner initiated a formal request for records.

November 26, 2024: Ms. Westerman sent an email to the association with the following request:

December 16, 2024: Having received no substantive response, Ms. Westerman filed a petition with the Arizona Department of Real Estate. The petition stated:

Statutory Discrepancy: The initial petition incorrectly cited A.R.S. § 33-1805 (Planned Community statutes). During the hearing, both parties and the ALJ agreed that the correct governing statute was A.R.S. § 33-1258 (Condominium Act). The ALJ ruled to proceed under the correct statute, stating, “I don’t think that there’s any undue prejudice in just referring to the correct statute.”

III. Petitioner’s Position and Testimony

Ms. Westerman framed her action as a straightforward attempt to gain financial transparency from the association’s board.

Stated Goal: The primary objective was to ascertain the total amount of money the association had paid in legal fees over the preceding decade.

◦ “Basically, your honor, I would just like to know how much money our association has paid in legal fees in the last decade.”

◦ “The only thing I am looking for are numbers… I don’t care who it’s for. I don’t care what it was about. I just want the figures because I want to make sure that our community Our board at that time okay these expenditures.”

Primary Complaint: The association violated the statutory ten-day requirement to fulfill a request for examination of records.

Admissions Under Cross-Examination:

◦ Ms. Westerman confirmed her November 26 email did not specifically request a time to physically “inspect and copy records.”

◦ She acknowledged the email did not cite a specific statute granting her the right to the records.

◦ She admitted to not reviewing documents that were eventually sent by the respondent on January 18, 2025, stating that the email did not describe the contents of its attachments.

Additional Grievances: During her testimony, Ms. Westerman raised several other issues beyond the records request, including financial reports being prepared by board members instead of an accountant, a lack of electronic voting options, and being invited and then “uninvited” by Board President Michael Brubaker to a January 9th board meeting due to her “litigation against the association.”

IV. Respondent’s Position and Arguments

The association, through its counsel Mark Lines and witness Michael Brubaker, presented a multi-faceted defense centered on procedural flaws in the request and a substantive right to withhold the specific documents sought.

Procedural Deficiencies: The respondent argued that the petitioner’s initial email was “both procedurally and substantively flawed and deficient.” The key deficiencies cited were:

◦ Failure to cite the correct statute.

◦ Failure to give notice that a statutory ten-day deadline was being invoked.

◦ Failure to request a time to come in, inspect records, identify specific documents, and then purchase copies.

Substantive Defense (Attorney-Client Privilege): This was the central pillar of the respondent’s case. Mr. Lines argued that legal invoices and communications with counsel are explicitly protected from disclosure under the law.

Timeline of “Substantial Compliance”: The respondent provided a timeline of its actions to demonstrate it had made good-faith efforts to engage with the petitioner.

December 30, 2024: Invited Ms. Westerman to a board meeting scheduled for January 9, 2025.

January 9, 2025: The board met, but Ms. Westerman did not attend.

January 10, 2025: Responded to the November 26th questions.

January 18 & 23, 2025: Sent emails with attached documents, including financial flowcharts and meeting minutes.

Overburdensome Request: Counsel argued that the request for ten years of records was “overburdensome and beyond the statutory requirements,” stating that associations are only required to maintain records for three years.

Context of Litigation: The respondent asserted that the petitioner’s request was part of a larger pattern of legal conflict. Counsel claimed that Ms. Westerman’s own history of litigation against the association was the primary driver of the legal fees she was now investigating.

V. Administrative Law Judge’s Findings and Decision

The ALJ’s final decision focused narrowly on the application of A.R.S. § 33-1258 to the specific facts of the case.

Key Factual Finding: The decision noted it was “undisputed” that the respondent’s first reply to the November 26, 2024 email was on December 30, 2024, which is outside the ten-business-day window mandated by the statute.

Key Legal Finding (The Deciding Factor): The judge accepted the representation from the respondent’s counsel that the requested documents—bills from the association’s law firm—were privileged.

Application of Law: The decision hinged on the introductory clause of the statute, A.R.S. § 33-1258(A), which states: “Except as provided in subsection B of this section, all financial and other records of the association shall be made reasonably available…” The judge reasoned that since the documents fell under the attorney-client privilege exception in subsection B, the ten-day production requirement from subsection A did not apply to them.

Final Ruling:






Study Guide – 25F-H029-REL


{ “case”: { “docket_no”: “25F-H029-REL”, “case_title”: “Debbie Westerman v. Bridgewood Nine 30 Homeowners Association”, “decision_date”: “2025-03-12”, “alj_name”: “Samuel Fox”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA withhold legal bills and attorney communications from a records request?”, “short_answer”: “Yes, the HOA may withhold records related to privileged attorney-client communications.”, “detailed_answer”: “Under Arizona law, an HOA is permitted to withhold books and records from disclosure if they relate to privileged communication between the association and its attorney. In this case, legal bills were deemed privileged.”, “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 any of the following: 1. Privileged communication between an attorney for the association and the association.”, “legal_basis”: “A.R.S. § 33-1258(B)(1)”, “topic_tags”: [ “records request”, “attorney-client privilege”, “financial records” ] }, { “question”: “How many days does the 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”: “Statute requires that the association must make financial and other records reasonably available for examination within ten business days of the request.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination.”, “legal_basis”: “A.R.S. § 33-1258(A)”, “topic_tags”: [ “records request”, “deadlines”, “procedural requirements” ] }, { “question”: “Does the 10-day deadline apply if the documents I requested are privileged?”, “short_answer”: “No, the 10-day requirement does not apply to documents that are properly withheld under the privilege exception.”, “detailed_answer”: “The ALJ determined that the statutory requirement to produce documents within ten days applies to all documents except those that are privileged. Therefore, failing to produce privileged documents within ten days is not a violation.”, “alj_quote”: “The production and ten-day requirements apply to all documents ‘[e]xcept as provided in subsection B.'”, “legal_basis”: “Conclusion of Law 8”, “topic_tags”: [ “records request”, “deadlines”, “privilege” ] }, { “question”: “Who has the burden of proof in an administrative hearing against an HOA?”, “short_answer”: “The homeowner (Petitioner) has the burden to prove the violation.”, “detailed_answer”: “The homeowner filing the petition must prove that the HOA violated the statutes or governing documents by a preponderance of the evidence.”, “alj_quote”: “Petitioner bears the burden of proof to establish that Respondent violated applicable statutes, CC&Rs, and/or Bylaws by a preponderance of the evidence.”, “legal_basis”: “Conclusion of Law 4”, “topic_tags”: [ “legal standards”, “burden of proof”, “hearing procedures” ] }, { “question”: “Can the HOA charge me a fee just to look at the records?”, “short_answer”: “No, the HOA cannot charge a fee for making material available for review.”, “detailed_answer”: “While the HOA can charge for copies, they are statistically prohibited from charging a member for the act of making the material available for review.”, “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. § 33-1258(A)”, “topic_tags”: [ “records request”, “fees”, “homeowner rights” ] }, { “question”: “How much can the HOA charge if I ask for copies of the records?”, “short_answer”: “The HOA may charge up to fifteen cents per page.”, “detailed_answer”: “If a homeowner requests actual copies of the records rather than just examining them, the association is allowed to charge a specific maximum fee 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. § 33-1258(A)”, “topic_tags”: [ “records request”, “fees”, “copies” ] }, { “question”: “Is a statement from the HOA’s lawyer enough to prove documents are privileged?”, “short_answer”: “Yes, the ALJ may accept the attorney’s representation as sufficient evidence.”, “detailed_answer”: “In this decision, the judge accepted the representation of the HOA’s counsel that the requested documents were privileged as sufficient to meet the preponderance of evidence standard.”, “alj_quote”: “Based upon counsel’s representation that the requested documents were privileged, the Tribunal finds that the preponderance of the evidence supports the requested documents were privileged.”, “legal_basis”: “Conclusion of Law 7”, “topic_tags”: [ “evidence”, “privilege”, “legal representation” ] } ] }






Blog Post – 25F-H029-REL


{ “case”: { “docket_no”: “25F-H029-REL”, “case_title”: “Debbie Westerman v. Bridgewood Nine 30 Homeowners Association”, “decision_date”: “2025-03-12”, “alj_name”: “Samuel Fox”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA withhold legal bills and attorney communications from a records request?”, “short_answer”: “Yes, the HOA may withhold records related to privileged attorney-client communications.”, “detailed_answer”: “Under Arizona law, an HOA is permitted to withhold books and records from disclosure if they relate to privileged communication between the association and its attorney. In this case, legal bills were deemed privileged.”, “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 any of the following: 1. Privileged communication between an attorney for the association and the association.”, “legal_basis”: “A.R.S. § 33-1258(B)(1)”, “topic_tags”: [ “records request”, “attorney-client privilege”, “financial records” ] }, { “question”: “How many days does the 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”: “Statute requires that the association must make financial and other records reasonably available for examination within ten business days of the request.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination.”, “legal_basis”: “A.R.S. § 33-1258(A)”, “topic_tags”: [ “records request”, “deadlines”, “procedural requirements” ] }, { “question”: “Does the 10-day deadline apply if the documents I requested are privileged?”, “short_answer”: “No, the 10-day requirement does not apply to documents that are properly withheld under the privilege exception.”, “detailed_answer”: “The ALJ determined that the statutory requirement to produce documents within ten days applies to all documents except those that are privileged. Therefore, failing to produce privileged documents within ten days is not a violation.”, “alj_quote”: “The production and ten-day requirements apply to all documents ‘[e]xcept as provided in subsection B.'”, “legal_basis”: “Conclusion of Law 8”, “topic_tags”: [ “records request”, “deadlines”, “privilege” ] }, { “question”: “Who has the burden of proof in an administrative hearing against an HOA?”, “short_answer”: “The homeowner (Petitioner) has the burden to prove the violation.”, “detailed_answer”: “The homeowner filing the petition must prove that the HOA violated the statutes or governing documents by a preponderance of the evidence.”, “alj_quote”: “Petitioner bears the burden of proof to establish that Respondent violated applicable statutes, CC&Rs, and/or Bylaws by a preponderance of the evidence.”, “legal_basis”: “Conclusion of Law 4”, “topic_tags”: [ “legal standards”, “burden of proof”, “hearing procedures” ] }, { “question”: “Can the HOA charge me a fee just to look at the records?”, “short_answer”: “No, the HOA cannot charge a fee for making material available for review.”, “detailed_answer”: “While the HOA can charge for copies, they are statistically prohibited from charging a member for the act of making the material available for review.”, “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. § 33-1258(A)”, “topic_tags”: [ “records request”, “fees”, “homeowner rights” ] }, { “question”: “How much can the HOA charge if I ask for copies of the records?”, “short_answer”: “The HOA may charge up to fifteen cents per page.”, “detailed_answer”: “If a homeowner requests actual copies of the records rather than just examining them, the association is allowed to charge a specific maximum fee 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. § 33-1258(A)”, “topic_tags”: [ “records request”, “fees”, “copies” ] }, { “question”: “Is a statement from the HOA’s lawyer enough to prove documents are privileged?”, “short_answer”: “Yes, the ALJ may accept the attorney’s representation as sufficient evidence.”, “detailed_answer”: “In this decision, the judge accepted the representation of the HOA’s counsel that the requested documents were privileged as sufficient to meet the preponderance of evidence standard.”, “alj_quote”: “Based upon counsel’s representation that the requested documents were privileged, the Tribunal finds that the preponderance of the evidence supports the requested documents were privileged.”, “legal_basis”: “Conclusion of Law 7”, “topic_tags”: [ “evidence”, “privilege”, “legal representation” ] } ] }


Case Participants

Petitioner Side

  • Debbie Westerman (petitioner)
    Bridgewood Nine 30 Homeowners Association
    Member and party; testified on her own behalf.

Respondent Side

  • Michael Brubaker (board president)
    Bridgewood Nine 30 Homeowners Association
    Also identified as Community Manager; testified as a witness.
  • Roy Shot (board member)
    Bridgewood Nine 30 Homeowners Association
  • Danny Hudro (secretary)
    Bridgewood Nine 30 Homeowners Association
    Prepared minutes of the January 9th meeting.
  • Mark Lines (HOA attorney)
    Shaw & Lines, LLC
    Represented the Respondent; also identified as Mark Blind in early transcript.

Neutral Parties

  • Samuel Fox (ALJ)
    OAH
    Administrative Law Judge for the matter,.
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate