Tag Archives: ARIZ. REV. STAT. § 33-1258

AZNH Revocable Trust V. Sunland Springs Village Homeowners Association

Posted on by

Case Summary

Case ID 24F-H047-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-11-05
Administrative Law Judge Kay A. Abramsohn
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner AZNH Revocable Trust Counsel John F. Sullivan
Respondent Sunland Springs Village Homeowners Association Counsel Chad M. Gallacher

Alleged Violations

ARIZ. REV. STAT. § 33-1812(A)(7)

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was in compliance with ARIZ. REV. STAT. § 33-1812(7) by providing the electronic data lists received from the voting vendor (Vote HOA Now), as the statute requires storage of 'electronic votes' not necessarily 'electronic ballots' (images).

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Key Issues & Findings

Failure to provide voting records (electronic ballots) for inspection

Petitioner alleged the Association failed to provide all voting materials, specifically images of each actual online ballot, in response to the February 28, 2024, inspection request, arguing this violated ARIZ. REV. STAT. § 33-1812(A)(7).

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.

Analytics Highlights

Topics: Voting Records, Electronic Voting, HOA Records Inspection, Statutory Interpretation, ARS 33-1812
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.04

Video Overview

Audio Overview

Decision Documents

24F-H047-REL-RMD Decision – 1240168.pdf

Uploaded 2026-01-23T18:10:22 (184.8 KB)

24F-H047-REL-RMD Decision – 1330098.pdf

Uploaded 2026-01-23T18:10:26 (48.9 KB)

24F-H047-REL-RMD Decision – 1330115.pdf

Uploaded 2026-01-23T18:10:30 (6.2 KB)

24F-H047-REL-RMD Decision – 1338932.pdf

Uploaded 2026-01-23T18:10:35 (56.6 KB)

24F-H047-REL-RMD Decision – 1340272.pdf

Uploaded 2026-01-23T18:10:38 (53.7 KB)

24F-H047-REL-RMD Decision – 1357165.pdf

Uploaded 2026-01-23T18:10:42 (59.5 KB)

24F-H047-REL-RMD Decision – 1358023.pdf

Uploaded 2026-01-23T18:10:50 (12.1 KB)

Questions

Question

If I challenge my HOA's election procedures, do I have to prove they did something wrong, or do they have to prove they did it right?

Short Answer

The burden of proof falls on the homeowner (Petitioner) to prove the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the homeowner filing the petition bears the burden of proving, by a preponderance of the evidence, that the HOA violated the relevant statutes.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Legal Basis

A.R.S. § 33-1812(A)(7); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Procedure

Question

Is my HOA required to provide me with the actual visual image of every electronic ballot cast in an election?

Short Answer

No. The HOA is only required to store and provide 'electronic votes,' typically in data list format, not the visual 'ballot' image.

Detailed Answer

The ALJ determined that statutes require the storage of 'electronic votes' for inspection, but this does not mean the HOA must retain a visual image of the specific screen or ballot seen by the voter. Data lists that document the vote satisfy the requirement.

Alj Quote

ARIZ. REV. STAT. § 10-3708(F)(4) requires storage of 'electronic votes' not electronic ballots.

Legal Basis

A.R.S. § 10-3708(F)(4)

Topic Tags

  • Electronic Voting
  • Records Inspection

Question

Does a spreadsheet or data list of votes count as a valid record of 'ballots' for inspection purposes?

Short Answer

Yes. Data lists generated by voting software are considered compliant records of electronic ballots.

Detailed Answer

When an HOA uses a third-party vendor for online voting, retaining the data lists provided by that vendor (which show member information and votes cast) satisfies the statutory requirement to retain materials in an 'electronic format'.

Alj Quote

Association is in compliance with ARIZ. REV. STAT. § 33-1812(7) by retaining the Vote HOA Now data lists which demonstrate the electronic ballots 'in electronic … format.'

Legal Basis

A.R.S. § 33-1812(7)

Topic Tags

  • Records Inspection
  • Electronic Voting

Question

How long must an HOA keep election materials like ballots and sign-in sheets?

Short Answer

The HOA must retain these materials for at least one year.

Detailed Answer

State law mandates that ballots, envelopes, sign-in sheets, and related materials be kept and made available for member inspection for a minimum of one year following the election.

Alj Quote

Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.

Legal Basis

A.R.S. § 33-1812(A)(7)

Topic Tags

  • Record Retention
  • Elections

Question

What specific features must an online voting system have to be legal?

Short Answer

It must authenticate identity, ensure validity, send a receipt, and store votes.

Detailed Answer

An online voting system is legally permitted if it authenticates the member's identity, ensures the vote is not altered in transit, transmits a receipt to the voter, and stores the electronic votes for recount or inspection.

Alj Quote

online voting system that does all of the following: a. Authenticates the member's identity; b. Authenticates the validity of each electronic vote… c. Transmits a receipt… and d. Stores electronic votes for recount, inspection and review purposes.

Legal Basis

A.R.S. § 10-3708(F)

Topic Tags

  • Electronic Voting
  • HOA Obligations

Question

Can I use 'secret ballots' if I am voting by mail or absentee?

Short Answer

Yes, but your name/address must still appear on the envelope.

Detailed Answer

If community documents allow for secret ballots, the ballot itself does not need the voter's signature, but the outer envelope must contain the name, address, and signature to verify eligibility.

Alj Quote

The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.

Legal Basis

A.R.S. § 33-1812(A)(6)

Topic Tags

  • Voting Rights
  • Privacy

Question

How does the law define 'preponderance of the evidence' in these hearings?

Short Answer

It means the claim is 'more probably true than not'.

Detailed Answer

The standard of proof requires evidence that has the most convincing force and inclines a fair mind to one side of the issue, even if it doesn't remove all doubt.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Case Law (Morris K. Udall)

Topic Tags

  • Legal Standards
  • Definitions

Case

Docket No
24F-H047-REL
Case Title
AZNH Revocable Trust v. Sunland Springs Village Homeowners Association
Decision Date
2024-11-05
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

If I challenge my HOA's election procedures, do I have to prove they did something wrong, or do they have to prove they did it right?

Short Answer

The burden of proof falls on the homeowner (Petitioner) to prove the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the homeowner filing the petition bears the burden of proving, by a preponderance of the evidence, that the HOA violated the relevant statutes.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Legal Basis

A.R.S. § 33-1812(A)(7); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Procedure

Question

Is my HOA required to provide me with the actual visual image of every electronic ballot cast in an election?

Short Answer

No. The HOA is only required to store and provide 'electronic votes,' typically in data list format, not the visual 'ballot' image.

Detailed Answer

The ALJ determined that statutes require the storage of 'electronic votes' for inspection, but this does not mean the HOA must retain a visual image of the specific screen or ballot seen by the voter. Data lists that document the vote satisfy the requirement.

Alj Quote

ARIZ. REV. STAT. § 10-3708(F)(4) requires storage of 'electronic votes' not electronic ballots.

Legal Basis

A.R.S. § 10-3708(F)(4)

Topic Tags

  • Electronic Voting
  • Records Inspection

Question

Does a spreadsheet or data list of votes count as a valid record of 'ballots' for inspection purposes?

Short Answer

Yes. Data lists generated by voting software are considered compliant records of electronic ballots.

Detailed Answer

When an HOA uses a third-party vendor for online voting, retaining the data lists provided by that vendor (which show member information and votes cast) satisfies the statutory requirement to retain materials in an 'electronic format'.

Alj Quote

Association is in compliance with ARIZ. REV. STAT. § 33-1812(7) by retaining the Vote HOA Now data lists which demonstrate the electronic ballots 'in electronic … format.'

Legal Basis

A.R.S. § 33-1812(7)

Topic Tags

  • Records Inspection
  • Electronic Voting

Question

How long must an HOA keep election materials like ballots and sign-in sheets?

Short Answer

The HOA must retain these materials for at least one year.

Detailed Answer

State law mandates that ballots, envelopes, sign-in sheets, and related materials be kept and made available for member inspection for a minimum of one year following the election.

Alj Quote

Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.

Legal Basis

A.R.S. § 33-1812(A)(7)

Topic Tags

  • Record Retention
  • Elections

Question

What specific features must an online voting system have to be legal?

Short Answer

It must authenticate identity, ensure validity, send a receipt, and store votes.

Detailed Answer

An online voting system is legally permitted if it authenticates the member's identity, ensures the vote is not altered in transit, transmits a receipt to the voter, and stores the electronic votes for recount or inspection.

Alj Quote

online voting system that does all of the following: a. Authenticates the member's identity; b. Authenticates the validity of each electronic vote… c. Transmits a receipt… and d. Stores electronic votes for recount, inspection and review purposes.

Legal Basis

A.R.S. § 10-3708(F)

Topic Tags

  • Electronic Voting
  • HOA Obligations

Question

Can I use 'secret ballots' if I am voting by mail or absentee?

Short Answer

Yes, but your name/address must still appear on the envelope.

Detailed Answer

If community documents allow for secret ballots, the ballot itself does not need the voter's signature, but the outer envelope must contain the name, address, and signature to verify eligibility.

Alj Quote

The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.

Legal Basis

A.R.S. § 33-1812(A)(6)

Topic Tags

  • Voting Rights
  • Privacy

Question

How does the law define 'preponderance of the evidence' in these hearings?

Short Answer

It means the claim is 'more probably true than not'.

Detailed Answer

The standard of proof requires evidence that has the most convincing force and inclines a fair mind to one side of the issue, even if it doesn't remove all doubt.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Case Law (Morris K. Udall)

Topic Tags

  • Legal Standards
  • Definitions

Case

Docket No
24F-H047-REL
Case Title
AZNH Revocable Trust v. Sunland Springs Village Homeowners Association
Decision Date
2024-11-05
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • John F. Sullivan (Petitioner Attorney)
    AZNH Revocable Trust
    Counsel for Susan Sullivan/AZNH Trust
  • Susan Sullivan (Petitioner Trustee)
    AZNH Revocable Trust

Respondent Side

  • Chad M. Gallacher (Respondent Attorney)
    Sunland Springs Village Homeowners Association
    Affiliated with MAXWELL & MORGAN, P.C.
  • Kathy Fowers (General Manager/Witness)
    Sunland Springs Village Homeowners Association
    Custodian of Records
  • Cathy Braun (Association Secretary/Treasurer)
    Sunland Springs Village Homeowners Association
    Referenced in emails regarding documents inspection
  • Paul Minda (Board President/Board Member)
    Sunland Springs Village Homeowners Association
    Present at rehearing
  • Mar (Board Vice President/Board Member)
    Sunland Springs Village Homeowners Association
    Partial name only; present at rehearing
  • Mrs. Holden (Affiliate/Witness)
    Sunland Springs Village Homeowners Association
    Present at Superior Court argument

Neutral Parties

  • Kay A. Abramsohn (ALJ)
    Office of Administrative Hearings
  • Judge McKish (Superior Court Judge)
    Maricopa County Superior Court
    Presided over appeal/remand process
  • Susan Nicolson (ADRE Commissioner)
    Arizona Department of Real Estate

Other Participants

  • vnunez (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of electronic transmission; partial name
  • djones (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of electronic transmission; partial name
  • labril (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of electronic transmission; partial name
  • mneat (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of electronic transmission; partial name
  • lrecchia (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of electronic transmission; partial name
  • gosborn (ADRE Staff)
    Arizona Department of Real Estate
    Recipient of electronic transmission; partial name

AZNH Revocable Trust V. Sunland Springs Village Homeowners

Posted on by

Case Summary

Case ID 24F-H047-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-11-05
Administrative Law Judge Kay A. Abramsohn
Outcome no
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner AZNH Revocable Trust Counsel John F. Sullivan
Respondent Sunland Springs Village Homeowners Association Counsel Chad M. Gallacher

Alleged Violations

ARIZ. REV. STAT. § 33-1812(A)(7)

Outcome Summary

The Administrative Law Judge denied the petition, concluding that the Association was in compliance with ARIZ. REV. STAT. § 33-1812(7) by providing the electronic data lists received from the voting vendor (Vote HOA Now), as the statute requires storage of 'electronic votes' not necessarily 'electronic ballots' (images).

Why this result: Petitioner failed to prove by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Key Issues & Findings

Failure to provide voting records (electronic ballots) for inspection

Petitioner alleged the Association failed to provide all voting materials, specifically images of each actual online ballot, in response to the February 28, 2024, inspection request, arguing this violated ARIZ. REV. STAT. § 33-1812(A)(7).

Orders: Petitioner's petition is denied.

Filing fee: $500.00, Fee refunded: No

Disposition: respondent_win

Cited:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.

Analytics Highlights

Topics: Voting Records, Electronic Voting, HOA Records Inspection, Statutory Interpretation, ARS 33-1812
Additional Citations:

  • ARIZ. REV. STAT. § 33-1812(A)(7)
  • ARIZ. REV. STAT. § 10-3708(F)
  • ARIZ. REV. STAT. § 33-1812
  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. §§ 32-2102
  • ARIZ. REV. STAT. §§ 32-2199 et seq.
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. §§ 32-2199(2)
  • ARIZ. REV. STAT. §§ 32-2199.01(A)
  • ARIZ. REV. STAT. §§ 32-2199.01(D)
  • ARIZ. REV. STAT. §§ 32-2199.02
  • ARIZ. REV. STAT. § 41-1092 et seq.
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 41-1092.09
  • ARIZ. REV. STAT. § 32-2199.04

Video Overview

Audio Overview

Decision Documents

24F-H047-REL Decision – 1240168.pdf

Uploaded 2026-01-23T18:09:21 (184.8 KB)

24F-H047-REL Decision – 1330098.pdf

Uploaded 2026-01-23T18:09:24 (48.9 KB)

24F-H047-REL Decision – 1330115.pdf

Uploaded 2026-01-23T18:09:27 (6.2 KB)

24F-H047-REL Decision – 1338932.pdf

Uploaded 2026-01-23T18:09:32 (56.6 KB)

24F-H047-REL Decision – 1340272.pdf

Uploaded 2026-01-23T18:09:37 (53.7 KB)

24F-H047-REL Decision – 1357165.pdf

Uploaded 2026-01-23T18:09:41 (59.5 KB)

24F-H047-REL Decision – 1358023.pdf

Uploaded 2026-01-23T18:09:45 (12.1 KB)

24F-H047-REL Decision – 2026-03-07_attorney_email_thread_aznh_revocable_trust.pdf

Uploaded 2026-03-09T16:45:57 (492.6 KB)

24F-H047-REL Decision – 2026-03-07_superior_court_complaint_special_action_cv2025-036466.pdf

Uploaded 2026-03-09T16:46:03 (973.0 KB)

24F-H047-REL Decision – 2026-03-07_superior_court_motion_for_judgment_cv2025-036466.pdf

Uploaded 2026-03-09T16:46:07 (212.7 KB)

Questions

Question

If I challenge my HOA's election procedures, do I have to prove they did something wrong, or do they have to prove they did it right?

Short Answer

The burden of proof falls on the homeowner (Petitioner) to prove the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the homeowner filing the petition bears the burden of proving, by a preponderance of the evidence, that the HOA violated the relevant statutes.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Legal Basis

A.R.S. § 33-1812(A)(7); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Procedure

Question

Is my HOA required to provide me with the actual visual image of every electronic ballot cast in an election?

Short Answer

No. The HOA is only required to store and provide 'electronic votes,' typically in data list format, not the visual 'ballot' image.

Detailed Answer

The ALJ determined that statutes require the storage of 'electronic votes' for inspection, but this does not mean the HOA must retain a visual image of the specific screen or ballot seen by the voter. Data lists that document the vote satisfy the requirement.

Alj Quote

ARIZ. REV. STAT. § 10-3708(F)(4) requires storage of 'electronic votes' not electronic ballots.

Legal Basis

A.R.S. § 10-3708(F)(4)

Topic Tags

  • Electronic Voting
  • Records Inspection

Question

Does a spreadsheet or data list of votes count as a valid record of 'ballots' for inspection purposes?

Short Answer

Yes. Data lists generated by voting software are considered compliant records of electronic ballots.

Detailed Answer

When an HOA uses a third-party vendor for online voting, retaining the data lists provided by that vendor (which show member information and votes cast) satisfies the statutory requirement to retain materials in an 'electronic format'.

Alj Quote

Association is in compliance with ARIZ. REV. STAT. § 33-1812(7) by retaining the Vote HOA Now data lists which demonstrate the electronic ballots 'in electronic … format.'

Legal Basis

A.R.S. § 33-1812(7)

Topic Tags

  • Records Inspection
  • Electronic Voting

Question

How long must an HOA keep election materials like ballots and sign-in sheets?

Short Answer

The HOA must retain these materials for at least one year.

Detailed Answer

State law mandates that ballots, envelopes, sign-in sheets, and related materials be kept and made available for member inspection for a minimum of one year following the election.

Alj Quote

Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.

Legal Basis

A.R.S. § 33-1812(A)(7)

Topic Tags

  • Record Retention
  • Elections

Question

What specific features must an online voting system have to be legal?

Short Answer

It must authenticate identity, ensure validity, send a receipt, and store votes.

Detailed Answer

An online voting system is legally permitted if it authenticates the member's identity, ensures the vote is not altered in transit, transmits a receipt to the voter, and stores the electronic votes for recount or inspection.

Alj Quote

online voting system that does all of the following: a. Authenticates the member's identity; b. Authenticates the validity of each electronic vote… c. Transmits a receipt… and d. Stores electronic votes for recount, inspection and review purposes.

Legal Basis

A.R.S. § 10-3708(F)

Topic Tags

  • Electronic Voting
  • HOA Obligations

Question

Can I use 'secret ballots' if I am voting by mail or absentee?

Short Answer

Yes, but your name/address must still appear on the envelope.

Detailed Answer

If community documents allow for secret ballots, the ballot itself does not need the voter's signature, but the outer envelope must contain the name, address, and signature to verify eligibility.

Alj Quote

The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.

Legal Basis

A.R.S. § 33-1812(A)(6)

Topic Tags

  • Voting Rights
  • Privacy

Question

How does the law define 'preponderance of the evidence' in these hearings?

Short Answer

It means the claim is 'more probably true than not'.

Detailed Answer

The standard of proof requires evidence that has the most convincing force and inclines a fair mind to one side of the issue, even if it doesn't remove all doubt.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Case Law (Morris K. Udall)

Topic Tags

  • Legal Standards
  • Definitions

Case

Docket No
24F-H047-REL
Case Title
AZNH Revocable Trust v. Sunland Springs Village Homeowners Association
Decision Date
2024-11-05
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Questions

Question

If I challenge my HOA's election procedures, do I have to prove they did something wrong, or do they have to prove they did it right?

Short Answer

The burden of proof falls on the homeowner (Petitioner) to prove the violation.

Detailed Answer

In an administrative hearing regarding an HOA dispute, the homeowner filing the petition bears the burden of proving, by a preponderance of the evidence, that the HOA violated the relevant statutes.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1812(A)(7).

Legal Basis

A.R.S. § 33-1812(A)(7); A.A.C. R2-19-119

Topic Tags

  • Burden of Proof
  • Legal Procedure

Question

Is my HOA required to provide me with the actual visual image of every electronic ballot cast in an election?

Short Answer

No. The HOA is only required to store and provide 'electronic votes,' typically in data list format, not the visual 'ballot' image.

Detailed Answer

The ALJ determined that statutes require the storage of 'electronic votes' for inspection, but this does not mean the HOA must retain a visual image of the specific screen or ballot seen by the voter. Data lists that document the vote satisfy the requirement.

Alj Quote

ARIZ. REV. STAT. § 10-3708(F)(4) requires storage of 'electronic votes' not electronic ballots.

Legal Basis

A.R.S. § 10-3708(F)(4)

Topic Tags

  • Electronic Voting
  • Records Inspection

Question

Does a spreadsheet or data list of votes count as a valid record of 'ballots' for inspection purposes?

Short Answer

Yes. Data lists generated by voting software are considered compliant records of electronic ballots.

Detailed Answer

When an HOA uses a third-party vendor for online voting, retaining the data lists provided by that vendor (which show member information and votes cast) satisfies the statutory requirement to retain materials in an 'electronic format'.

Alj Quote

Association is in compliance with ARIZ. REV. STAT. § 33-1812(7) by retaining the Vote HOA Now data lists which demonstrate the electronic ballots 'in electronic … format.'

Legal Basis

A.R.S. § 33-1812(7)

Topic Tags

  • Records Inspection
  • Electronic Voting

Question

How long must an HOA keep election materials like ballots and sign-in sheets?

Short Answer

The HOA must retain these materials for at least one year.

Detailed Answer

State law mandates that ballots, envelopes, sign-in sheets, and related materials be kept and made available for member inspection for a minimum of one year following the election.

Alj Quote

Ballots, envelopes and related materials, including sign-in sheets if used, shall be retained in electronic or paper format and made available for member inspection for at least one year after completion of the election.

Legal Basis

A.R.S. § 33-1812(A)(7)

Topic Tags

  • Record Retention
  • Elections

Question

What specific features must an online voting system have to be legal?

Short Answer

It must authenticate identity, ensure validity, send a receipt, and store votes.

Detailed Answer

An online voting system is legally permitted if it authenticates the member's identity, ensures the vote is not altered in transit, transmits a receipt to the voter, and stores the electronic votes for recount or inspection.

Alj Quote

online voting system that does all of the following: a. Authenticates the member's identity; b. Authenticates the validity of each electronic vote… c. Transmits a receipt… and d. Stores electronic votes for recount, inspection and review purposes.

Legal Basis

A.R.S. § 10-3708(F)

Topic Tags

  • Electronic Voting
  • HOA Obligations

Question

Can I use 'secret ballots' if I am voting by mail or absentee?

Short Answer

Yes, but your name/address must still appear on the envelope.

Detailed Answer

If community documents allow for secret ballots, the ballot itself does not need the voter's signature, but the outer envelope must contain the name, address, and signature to verify eligibility.

Alj Quote

The completed ballot shall contain the name, address and signature of the person voting, except that if the community documents permit secret ballots, only the envelope shall contain the name, address and signature of the voter.

Legal Basis

A.R.S. § 33-1812(A)(6)

Topic Tags

  • Voting Rights
  • Privacy

Question

How does the law define 'preponderance of the evidence' in these hearings?

Short Answer

It means the claim is 'more probably true than not'.

Detailed Answer

The standard of proof requires evidence that has the most convincing force and inclines a fair mind to one side of the issue, even if it doesn't remove all doubt.

Alj Quote

A preponderance of the evidence is such proof as convinces the trier of fact that the contention is more probably true than not.

Legal Basis

Case Law (Morris K. Udall)

Topic Tags

  • Legal Standards
  • Definitions

Case

Docket No
24F-H047-REL
Case Title
AZNH Revocable Trust v. Sunland Springs Village Homeowners Association
Decision Date
2024-11-05
Alj Name
Kay A. Abramsohn
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • John F. Sullivan (Attorney)
    AZNH Revocable Trust
    Counsel for Petitioner
  • Susan Sullivan (Petitioner Trustee)
    AZNH Revocable Trust
    Filed motion for peremptory change of judge

Respondent Side

  • Chad M. Gallacher (HOA attorney)
    MAXWELL & MORGAN, P.C.
    Counsel for Sunland Springs Village Homeowners Association
  • Kathy Fowers (General Manager)
    Sunland Springs Village Homeowners Association
    Custodian of Records; Present at hearing
  • Paul Minda (board member)
    Sunland Springs Village Homeowners Association
    Board President
  • Mar (board member)
    Sunland Springs Village Homeowners Association
    Vice President (Partial name identified)
  • Cathy Braun (Association Secretary/Treasurer)
    Sunland Springs Village Homeowners Association
    Exchanged emails with Petitioner regarding inspection request

Neutral Parties

  • Kay A. Abramsohn (ALJ)
    OAH
    Administrative Law Judge
  • Susan Nicolson (ADRE Commissioner)
    Arizona Department of Real Estate
  • Judge McKish (Judge)
    Superior Court
    Superior Court Judge who handled remand; also referred to as Judge McKittish

Other Participants

  • Mrs. Holden (witness)
    Present at Superior Court argument with Respondent representatives

Laura R. Braglia V. Palo Verde Estates Homeowners Association, INC.

Posted on by

Case Summary

Case ID 24F-H032-REL
Agency ADRE
Tribunal OAH
Decision Date 2024-04-17
Administrative Law Judge Jenna Clark
Outcome total
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Laura R. Braglia Counsel —
Respondent Palo Verde Estates Homeowners Association, Inc. Counsel Jacqueline Zipprich

Alleged Violations

ARIZ. REV. STAT. § 33-1258

Outcome Summary

The ALJ granted the petition after finding that the Respondent HOA violated ARIZ. REV. STAT. § 33-1258 by failing to fulfill a records request within the statutory ten business days. The HOA was ordered to reimburse the Petitioner's $500 filing fee and comply with the statute, but was not assessed a civil penalty.

Key Issues & Findings

Whether Respondent violated ARIZ. REV. STAT. § 33-1258 because the “HOA has not complied witha [sic] formal records request … regarding damage to homeowner's unit.”

Respondent received Petitioner's records request on November 28, 2023, but did not comply until February 13, 2024, nearly two months later. The Tribunal found no viable justification for the delay, establishing a violation of the statute.

Orders: Petitioner's petition is granted. Respondent must reimburse the $500 filing fee in certified funds and must henceforth comply with ARIZ. REV. STAT. § 33-1258. No civil penalty was assessed.

Filing fee: $500.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1258

Analytics Highlights

Topics: records request, statutory violation, HOA transparency, filing fee reimbursement
Additional Citations:

  • ARIZ. REV. STAT. § 33-1258
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199 et seq.

Video Overview

Audio Overview

Decision Documents

24F-H032-REL Decision – 1162594.pdf

Uploaded 2026-01-23T18:05:42 (51.3 KB)

24F-H032-REL Decision – 1167907.pdf

Uploaded 2026-01-23T18:05:48 (184.7 KB)

Questions

Question

How long does my HOA have to respond to a formal records request?

Short Answer

The HOA has 10 business days to fulfill a request for examination or to provide copies.

Detailed Answer

Under Arizona law, an association is strictly required to fulfill a request for examination or provide copies of requested records within ten business days. Failure to meet this deadline without a viable justification constitutes a violation of the statute.

Alj Quote

The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can my HOA charge me a fee to simply review or inspect records?

Short Answer

No, the HOA cannot charge a fee for making material available for review.

Detailed Answer

The statute explicitly prohibits the association from charging a member for the act of making materials available for review. However, they may charge a specific fee for making actual copies.

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

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • homeowner rights

Question

How much can the HOA charge if I ask for copies of records?

Short Answer

The HOA may charge a fee for copies, but it cannot exceed fifteen cents per page.

Detailed Answer

While review is free, if a homeowner requests physical copies of the records, the association is permitted by statute to charge a fee, capped at fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • copies

Question

What happens if my HOA responds to my records request weeks or months late?

Short Answer

Responding late without a valid excuse is a violation of the statute.

Detailed Answer

If the HOA fails to provide the records within the statutory 10-business-day window without a viable justification, they are in violation of A.R.S. § 33-1258. In this case, a response provided nearly two months late was deemed a violation.

Alj Quote

The record also reflects that although Petitioner follow-up with Respondent on December 12, 2023, regarding her request, Respondent did not comply until February 13, 2024, nearly two (2) months late… Nothing in the record establishes a viable justification or excuse for Respondent’s inaction and/or lack of performance on Petitioner’s records request during the applicable time period.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • violations
  • delays
  • enforcement

Question

Can the HOA be penalized for failing to provide a document that doesn't exist?

Short Answer

No, an HOA cannot be held liable for failing to provide a record that simply does not exist.

Detailed Answer

If a homeowner requests a specific document (like a warranty) and the association does not possess such a document because it never existed, the association is not in violation for failing to provide it.

Alj Quote

Additionally, because the Association never had a “termite warranty,” Respondent was unable to provide Petitioner with something that did not exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • records request
  • defense
  • HOA obligations

Question

Does it matter if my wording in a records request is vague?

Short Answer

Yes, vague requests may lead to incomplete information, and the HOA might not be faulted for misinterpreting ambiguous terms.

Detailed Answer

Homeowners should be specific. In this case, requesting 'Policy Information' rather than the 'entire policy' was considered vague and ambiguous, which explained why the HOA only provided declarations and exclusion pages rather than the full policy.

Alj Quote

While Petitioner contends that she only received some of the documents she requested, the record further reflects that she never asked for the Association’s entire insurance policy, only “HOA Insurance Policy Information,” which was vague and ambiguous.

Legal Basis

Findings of Fact

Topic Tags

  • records request
  • best practices
  • homeowner responsibilities

Question

If I win my case against the HOA at a hearing, will I get my filing fee back?

Short Answer

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

Detailed Answer

If the petition is granted and a violation is found, the ALJ has the authority to order the Respondent (HOA) to reimburse the Petitioner's filing fee in certified funds.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioners’ filing fee (e.g. $500.00) in certified funds.

Legal Basis

Order

Topic Tags

  • remedies
  • fees
  • reimbursement

Question

Will the HOA automatically have to pay a civil penalty if they are found in violation?

Short Answer

Not necessarily. The judge may decide not to assess a civil penalty even if a violation is found.

Detailed Answer

Finding a violation does not automatically result in a fine. The ALJ has discretion regarding civil penalties. In this instance, despite finding a violation regarding records, the judge ordered compliance and fee reimbursement but explicitly chose not to assess a civil penalty.

Alj Quote

IT IS FURTHER ORDERED that a civil penalty shall not be assessed against Respondent in this matter.

Legal Basis

Order

Topic Tags

  • penalties
  • civil penalty
  • enforcement

Question

Who has the burden of proof in an administrative hearing against an HOA?

Short Answer

The Petitioner (homeowner) bears the burden of proof.

Detailed Answer

The homeowner filing the complaint must prove by a 'preponderance of the evidence' that the HOA violated the statute. This means they must show it is more probable than not that the violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1258.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119(B)(2)

Topic Tags

  • procedure
  • burden of proof
  • evidence

Question

Can I designate someone else to inspect the HOA records for me?

Short Answer

Yes, a member can designate a representative in writing.

Detailed Answer

The statute allows records to be examined by the member or any person designated by the member in writing as their representative.

Alj Quote

[A]ll financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • representation
  • records request
  • access

Case

Docket No
24F-H032-REL
Case Title
Laura R. Braglia v. Palo Verde Estates Homeowners Association, Inc.
Decision Date
2024-04-17
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Questions

Question

How long does my HOA have to respond to a formal records request?

Short Answer

The HOA has 10 business days to fulfill a request for examination or to provide copies.

Detailed Answer

Under Arizona law, an association is strictly required to fulfill a request for examination or provide copies of requested records within ten business days. Failure to meet this deadline without a viable justification constitutes a violation of the statute.

Alj Quote

The association shall have ten business days to fulfill a request for examination. On request for purchase of copies of records by any member or any person designated by the member in writing as the member's representative, the association shall have ten business days to provide copies of the requested records.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • records request
  • deadlines
  • HOA obligations

Question

Can my HOA charge me a fee to simply review or inspect records?

Short Answer

No, the HOA cannot charge a fee for making material available for review.

Detailed Answer

The statute explicitly prohibits the association from charging a member for the act of making materials available for review. However, they may charge a specific fee for making actual copies.

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

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • homeowner rights

Question

How much can the HOA charge if I ask for copies of records?

Short Answer

The HOA may charge a fee for copies, but it cannot exceed fifteen cents per page.

Detailed Answer

While review is free, if a homeowner requests physical copies of the records, the association is permitted by statute to charge a fee, capped at fifteen cents per page.

Alj Quote

An association may charge a fee for making copies of not more than fifteen cents per page.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • fees
  • records request
  • copies

Question

What happens if my HOA responds to my records request weeks or months late?

Short Answer

Responding late without a valid excuse is a violation of the statute.

Detailed Answer

If the HOA fails to provide the records within the statutory 10-business-day window without a viable justification, they are in violation of A.R.S. § 33-1258. In this case, a response provided nearly two months late was deemed a violation.

Alj Quote

The record also reflects that although Petitioner follow-up with Respondent on December 12, 2023, regarding her request, Respondent did not comply until February 13, 2024, nearly two (2) months late… Nothing in the record establishes a viable justification or excuse for Respondent’s inaction and/or lack of performance on Petitioner’s records request during the applicable time period.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • violations
  • delays
  • enforcement

Question

Can the HOA be penalized for failing to provide a document that doesn't exist?

Short Answer

No, an HOA cannot be held liable for failing to provide a record that simply does not exist.

Detailed Answer

If a homeowner requests a specific document (like a warranty) and the association does not possess such a document because it never existed, the association is not in violation for failing to provide it.

Alj Quote

Additionally, because the Association never had a “termite warranty,” Respondent was unable to provide Petitioner with something that did not exist.

Legal Basis

ARIZ. REV. STAT. § 33-1258

Topic Tags

  • records request
  • defense
  • HOA obligations

Question

Does it matter if my wording in a records request is vague?

Short Answer

Yes, vague requests may lead to incomplete information, and the HOA might not be faulted for misinterpreting ambiguous terms.

Detailed Answer

Homeowners should be specific. In this case, requesting 'Policy Information' rather than the 'entire policy' was considered vague and ambiguous, which explained why the HOA only provided declarations and exclusion pages rather than the full policy.

Alj Quote

While Petitioner contends that she only received some of the documents she requested, the record further reflects that she never asked for the Association’s entire insurance policy, only “HOA Insurance Policy Information,” which was vague and ambiguous.

Legal Basis

Findings of Fact

Topic Tags

  • records request
  • best practices
  • homeowner responsibilities

Question

If I win my case against the HOA at a hearing, will I get my filing fee back?

Short Answer

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

Detailed Answer

If the petition is granted and a violation is found, the ALJ has the authority to order the Respondent (HOA) to reimburse the Petitioner's filing fee in certified funds.

Alj Quote

IT IS FURTHER ORDERED that Respondent shall reimburse Petitioners’ filing fee (e.g. $500.00) in certified funds.

Legal Basis

Order

Topic Tags

  • remedies
  • fees
  • reimbursement

Question

Will the HOA automatically have to pay a civil penalty if they are found in violation?

Short Answer

Not necessarily. The judge may decide not to assess a civil penalty even if a violation is found.

Detailed Answer

Finding a violation does not automatically result in a fine. The ALJ has discretion regarding civil penalties. In this instance, despite finding a violation regarding records, the judge ordered compliance and fee reimbursement but explicitly chose not to assess a civil penalty.

Alj Quote

IT IS FURTHER ORDERED that a civil penalty shall not be assessed against Respondent in this matter.

Legal Basis

Order

Topic Tags

  • penalties
  • civil penalty
  • enforcement

Question

Who has the burden of proof in an administrative hearing against an HOA?

Short Answer

The Petitioner (homeowner) bears the burden of proof.

Detailed Answer

The homeowner filing the complaint must prove by a 'preponderance of the evidence' that the HOA violated the statute. This means they must show it is more probable than not that the violation occurred.

Alj Quote

In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1258.

Legal Basis

ARIZ. ADMIN. CODE R2-19-119(B)(2)

Topic Tags

  • procedure
  • burden of proof
  • evidence

Question

Can I designate someone else to inspect the HOA records for me?

Short Answer

Yes, a member can designate a representative in writing.

Detailed Answer

The statute allows records to be examined by the member or any person designated by the member in writing as their representative.

Alj Quote

[A]ll financial and other records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative.

Legal Basis

ARIZ. REV. STAT. § 33-1258(A)

Topic Tags

  • representation
  • records request
  • access

Case

Docket No
24F-H032-REL
Case Title
Laura R. Braglia v. Palo Verde Estates Homeowners Association, Inc.
Decision Date
2024-04-17
Alj Name
Jenna Clark
Tribunal
OAH
Agency
ADRE

Case Participants

Petitioner Side

  • Laura R. Braglia (petitioner)
    Appeared on her own behalf; testified as witness.

Respondent Side

  • Jacqueline Zipprich (property manager)
    Desert Realty Association Management
    Appeared on behalf of Respondent; testified as witness; also served as Statutory Agent for Respondent.
  • Joe Wolf (HOA president)
    Palo Verde Estates Homeowners Association, Inc.
    HOA Board President.

Neutral Parties

  • Jenna Clark (ALJ)
    Office of Administrative Hearings
    Presiding Administrative Law Judge.
  • Susan Nicolson (commissioner)
    Arizona Department of Real Estate
    Recipient of the recommended order.
  • Vivian Nunes (ADRE staff)
    Arizona Department of Real Estate
    Recipient of the recommended order ([email protected]).
  • D. Jones (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • L. Abril (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • M. Neat (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • A. Kowaleski (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).
  • G. Osborn (ADRE staff)
    Arizona Department of Real Estate
    Listed as recipient of the recommended order ([email protected]).