Case Summary
| Case ID | 23F-H052-REL No. 23F-H064-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-08-28 |
| Administrative Law Judge | Brian Del Vecchio |
| Outcome | partial |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | R.L. Whitmer | Counsel | — |
|---|---|---|---|
| Respondent | Hilton Casitas Council of Homeowners | Counsel | Emily H. Mann |
Alleged Violations
Article III Section 3 of the Bylaws of Hilton Casitas Council of Co-owners
ARIZ. REV. STAT. § 33-1250(C)
Outcome Summary
The Administrative Law Judge affirmed the petition regarding the Bylaws violation (annual meeting held 27 days late, 23F-H052-REL) but denied the request for civil penalties. The ALJ dismissed the petition regarding the alleged statutory violation of in-person voting requirements (23F-H064-REL), finding Petitioner did not meet his burden of proof. Petitioner was reimbursed the $500 filing fee for the prevailing issue.
Why this result: Petitioner lost the statutory claim (23F-H064-REL) due to failure to provide sufficient evidence for a narrow interpretation of 'in person' voting. Petitioner failed to prove that civil penalties were warranted for the Bylaws violation (23F-H052-REL).
Key Issues & Findings
Failure to hold the annual meeting prior to March 31, 2023 (23F-H052-REL)
Petitioner alleged Respondent failed to hold the annual meeting by the Bylaws' deadline of March 31, 2023. Respondent stipulated that the meeting, held on April 27, 2023, was late, constituting a violation.
Orders: Respondent violated Article III Section 3 of the Bylaws; Petition affirmed. Petitioner was denied civil penalties but was reimbursed the $500.00 filing fee.
Filing fee: $500.00, Fee refunded: Yes
Disposition: petitioner_win
- ARIZ. REV. STAT. § 32-2199.02
Alleged violation for failing to allow in-person voting (23F-H064-REL)
Petitioner alleged Respondent violated the statute by allowing voting only through video conferencing and failing to provide an opportunity for in-person voting. The ALJ found Petitioner failed to provide sufficient evidence to support a narrow interpretation of 'in person' that excludes remote video attendance.
Orders: Respondent did not violate ARIZ. REV. STAT. § 33-1250(C). Petition dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- ARIZ. REV. STAT. § 33-1250(C)
Analytics Highlights
- ARIZ. REV. STAT. § 33-1250(C)
- ARIZ. REV. STAT. § 32-2199.02
- ARIZ. REV. STAT. § 32-2199.05
- ARIZ. REV. STAT. § 32-2102
- ARIZ. REV. STAT. § 32-2199
- ARIZ. REV. STAT. § 32-2199.01(A)
- ARIZ. REV. STAT. § 32-2199.01(D)
- ARIZ. REV. STAT. § 41-1092 et seq.
- ARIZ. REV. STAT. § 41-1092.09
Video Overview
Audio Overview
Decision Documents
23F-H052-REL Decision – 1071110.pdf
23F-H052-REL Decision – 1071477.pdf
23F-H052-REL Decision – 1074907.pdf
23F-H052-REL Decision – 1088736.pdf
{
“case”: {
“docket_no”: “23F-H052-REL, 23F-H064-REL”,
“case_title”: “R.L. Whitmer v Hilton Casitas Council of Homeowners”,
“decision_date”: “August 28, 2023”,
“tribunal”: “OAH”,
“agency”: “ADRE”
},
“individuals”: [
{
“name”: “R.L. Whitmer”,
“role”: “petitioner”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: null
},
{
“name”: “Emily H. Mann”,
“role”: “HOA attorney”,
“side”: “respondent”,
“affiliation”: “Phillips, Maceyko & Battock, PLLC”,
“notes”: null
},
{
“name”: “Robert Westbrook”,
“role”: “HOA President/witness”,
“side”: “respondent”,
“affiliation”: null,
“notes”: null
},
{
“name”: “Sedack Eli”,
“role”: “witness/homeowner”,
“side”: “petitioner”,
“affiliation”: null,
“notes”: “Also referred to as Sebeck Eli [1].”
},
{
“name”: “Brian Del Vecchio”,
“role”: “ALJ”,
“side”: “neutral”,
“affiliation”: “OAH”,
“notes”: “ALJ for final decision [2, 3]; also referred to as Joe Delveio [4].”
},
{
“name”: “Sondra J. Vanella”,
“role”: “ALJ”,
“side”: “neutral”,
“affiliation”: “OAH”,
“notes”: “Issued orders on July 6, 2023 [5, 6].”
},
{
“name”: “Alyssa Leverette”,
“role”: “ALJ”,
“side”: “neutral”,
“affiliation”: “OAH”,
“notes”: “Issued Minute Entry on July 18, 2023 [7].”
},
{
“name”: “Susan Nicolson”,
“role”: “Commissioner”,
“side”: “neutral”,
“affiliation”: “ADRE”,
“notes”: null
},
{
“name”: “Liard”,
“role”: “community manager”,
“side”: “respondent”,
“affiliation”: null,
“notes”: “Affidavit attached to exhibits; first name unknown [8, 9].”
},
{
“name”: “John Brookke”,
“role”: “board member”,
“side”: “respondent”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “Jay Panzer”,
“role”: “board member”,
“side”: “respondent”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “Joanna O’Neal”,
“role”: “board member”,
“side”: “respondent”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “Stadilla Stadilla”,
“role”: “homeowner/attendee”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “Mike Denson”,
“role”: “homeowner/attendee”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “Rick Walker”,
“role”: “homeowner/attendee”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “Mary Griffith”,
“role”: “homeowner/attendee”,
“side”: “unknown”,
“affiliation”: null,
“notes”: “Attended annual meeting [10].”
},
{
“name”: “A. Hansen”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “ADRE”,
“notes”: “Recipient of transmission [3, 5-7].”
},
{
“name”: “V. Nunez”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “ADRE”,
“notes”: “Recipient of transmission [3, 5-7].”
},
{
“name”: “D. Jones”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “ADRE”,
“notes”: “Recipient of transmission [3, 5-7].”
},
{
“name”: “L. Abril”,
“role”: “ADRE staff”,
“side”: “neutral”,
“affiliation”: “ADRE”,
“notes”: “Recipient of transmission [3, 5-7].”
}
]
}
Case Participants
Petitioner Side
- R.L. Whitmer (petitioner)
- Sedack Eli (witness/homeowner)
Also referred to as Sebeck Eli.
Respondent Side
- Emily H. Mann (HOA attorney)
Phillips, Maceyko & Battock, PLLC - Robert Westbrook (HOA President/witness)
- Liard (community manager)
Affidavit attached to exhibits; first name unknown. - John Brookke (board member)
Attended annual meeting. - Jay Panzer (board member)
Attended annual meeting. - Joanna O’Neal (board member)
Attended annual meeting.
Neutral Parties
- Brian Del Vecchio (ALJ)
OAH
ALJ for final decision; also referred to as Joe Delveio. - Sondra J. Vanella (ALJ)
OAH
Issued orders on July 6, 2023. - Alyssa Leverette (ALJ)
OAH
Issued Minute Entry on July 18, 2023. - Susan Nicolson (Commissioner)
ADRE - A. Hansen (ADRE staff)
ADRE
Recipient of transmission. - V. Nunez (ADRE staff)
ADRE
Recipient of transmission. - D. Jones (ADRE staff)
ADRE
Recipient of transmission. - L. Abril (ADRE staff)
ADRE
Recipient of transmission.
Other Participants
- Stadilla Stadilla (homeowner/attendee)
Attended annual meeting. - Mike Denson (homeowner/attendee)
Attended annual meeting. - Rick Walker (homeowner/attendee)
Attended annual meeting. - Mary Griffith (homeowner/attendee)
Attended annual meeting.
