Case Summary
| Case ID | 18F-H1817008-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2017-12-27 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | loss |
| Filing Fees Refunded | $0.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Thomas Barrs | Counsel | — |
|---|---|---|---|
| Respondent | Desert Ranch Homeowners Association | Counsel | Brian Schoeffler |
Alleged Violations
ARIZ. REV. STAT. § 33-1805
Outcome Summary
The Administrative Law Judge dismissed Thomas Barrs' petition against the Desert Ranch Homeowners Association. The Petitioner failed to show by a preponderance of the evidence that the Respondent violated ARIZ. REV. STAT. § 33-1805 in any of the remaining seven allegations related to record access. The Respondent was deemed the prevailing party.
Why this result: Petitioner failed to meet the burden of proof (preponderance of the evidence) on all claims. In several instances, the Respondent either cured any potential breach (Issue 2), timely complied (Issue 1), or was under no legal obligation to fulfill the request in the manner demanded (emailing records, Issues 3, 6, 7).
Key Issues & Findings
Alleged failure to provide records or copies, specifically via email (Issues 3, 6, 7)
Petitioner requested records (insurance policies, budget, EDC actions) be emailed. Respondent offered examination and purchase of copies. Petitioner declined the offers and blocked the attorney's emails. The ALJD determined the statute does not mandate emailing records.
Orders: Petitioner failed to prove Respondent violated A.R.S. § 33-1805 regarding requests for emailed documents, as the statute requires records to be made reasonably available for examination or purchase of copies, not emailed.
Filing fee: $0.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. REV. STAT. § 33-1805
Analytics Highlights
- ARIZ. REV. STAT. § 33-1805
- ARIZ. REV. STAT. § 33-1812
- ARIZ. REV. STAT. § 1-243
- Gutierrez v. Industrial Commission of Arizona, 226 Ariz. 395, 249 P.3d 1095 (2011)
- State v. McFall, 103 Ariz. 234, 238, 439 P.2d 805, 809 (1968)
- City of Phoenix v. Donofrio, 99 Ariz. 130, 133, 407 P.2d 91, 94 (1965)
