Tag Archives: ARIZ. REV. STAT. § 33-1804(A)

Tom Barrs vs Desert Ranch Homeowners Association

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Case Summary

Case ID 25F-H2222050-REL-RMD
Agency ADRE
Tribunal OAH
Decision Date 2025-04-01
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $25.00

Parties & Counsel

Petitioner Tom Barrs Counsel Jonathan A. Dessaules, Esq.
Respondent Desert Ranch Homeowners Association Counsel B. Austin Baillio, Esq.

Alleged Violations

ARIZ. REV. STAT. § 33-1805

Outcome Summary

The Administrative Law Judge Decision granted the remanded petition based on the parties' stipulation that the Respondent Homeowners Association violated ARIZ. REV. STAT. § 33-1805 by failing to timely provide the membership roster. The ALJ ordered Respondent to reimburse the Petitioner $500.00 for the filing fee and assessed a civil penalty of $25.00 against Respondent. All other respects of the previous ALJ Decision issued February 21, 2023, remain unchanged.

Key Issues & Findings

Failure to timely provide full membership roster

The remanded issue concerned whether Respondent failed to timely fulfill records requests, specifically a full roster of Association Member names and corresponding property addresses, in violation of ARS § 33-1805. The parties stipulated that a violation of ARS § 33-1805 occurred.

Orders: Petitioner's remanded petition was granted. Respondent was ordered to reimburse Petitioner $500.00 for the filing fee and pay a $25.00 civil penalty.

Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $25.00

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)

Analytics Highlights

Topics: HOA Records Request, Membership Roster, Records Disclosure, Statutory Violation, Stipulation, Remand
Additional Citations:

  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 32-2199.02(A)
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 1-243
  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01(D)
  • ARIZ. REV. STAT. § 32-2199.02(B)
  • ARIZ. REV. STAT. § 32-2199.04
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 41-1092
  • ARIZ. REV. STAT. § 41-1092.09(A)(1)

Audio Overview

Decision Documents

25F-H2222050-REL-RMD Decision – 1280942.pdf

Uploaded 2026-01-23T18:27:21 (50.9 KB)

25F-H2222050-REL-RMD Decision – 1285833.pdf

Uploaded 2026-01-23T18:27:25 (107.0 KB)

25F-H2222050-REL-RMD Decision – 1286292.pdf

Uploaded 2026-01-23T18:27:30 (21.7 KB)

25F-H2222050-REL-RMD Decision – 1288559.pdf

Uploaded 2026-01-23T18:27:36 (149.2 KB)





Briefing Doc – 25F-H2222050-REL-RMD


Briefing Document: The Matter of Barrs v. Desert Ranch Homeowners Association

Executive Summary

This briefing document synthesizes the key events, legal arguments, and ultimate resolution of the administrative case Tom Barrs v. Desert Ranch Homeowners Association (No. 25F-H2222050-REL-RMD). The dispute, which progressed through the Arizona Office of Administrative Hearings (OAH) and the Maricopa County Superior Court, centered on a homeowner’s right to access association records, specifically the membership roster.

The case concluded on March 31, 2025, when the Desert Ranch Homeowners Association (HOA) stipulated to a violation of Arizona Revised Statutes (A.R.S.) § 33-1805. The HOA admitted it failed to timely fulfill a records request for the membership roster, which was submitted on October 21, 2021, and not fulfilled until May 2023—a delay of approximately 19 months.

The resolution required the HOA to pay petitioner Tom Barrs a total of $975.00, which included the reimbursement of a $500.00 filing fee. Citing the respondent’s “unconscionable conduct,” the Administrative Law Judge (ALJ) also levied a nominal civil penalty of $25.00 against the association.

A critical turning point in the case was a landmark ruling by the Maricopa County Superior Court on April 4, 2024. The Court reversed an earlier OAH decision, establishing that HOA membership lists containing names and property addresses do not qualify as exempt personal records. The Court reasoned that access to such information is “essential to having a homeowners association” and necessary for members “to actively participate in HOA affairs.” This ruling, however, specified that more private data, such as email addresses and phone numbers, are not subject to mandatory disclosure. The matter was subsequently remanded to the OAH on this single issue, leading to the final stipulated resolution.

——————————————————————————–

I. Case Overview and Parties Involved

This administrative action details a prolonged dispute between a homeowner and his planned community association regarding access to records.

• Case Name: In the Matter of: Tom Barrs, Petitioner, vs. Desert Ranch Homeowners Association, Respondent.

• Docket Number: 25F-H2222050-REL-RMD

• Adjudicating Body: Arizona Office of Administrative Hearings (OAH)

• Presiding Judge: Administrative Law Judge (ALJ) Jenna Clark

• Petitioner: Tom Barrs (Appeared pro per initially, later represented by Jonathan A. Dessaules, Esq.)

• Respondent: Desert Ranch Homeowners Association (Represented by HOA President Michel Olley)

II. Procedural History: From Initial Petitions to Superior Court

The case originated from four separate petitions filed by Mr. Barrs with the Arizona Department of Real Estate, each incurring a $500 filing fee.

Petition Filing Date

Alleged Violation

Subject Matter

April 18, 2022

A.R.S. § 33-1805

Document requests from Apr 2021, Nov 2021, and Feb 2022.

April 18, 2022

A.R.S. § 33-1804(A)

Alleged preclusion of audio recording at a meeting.

April 18, 2022

A.R.S. § 33-1805

Membership roster request from October 2021.

May 12, 2022

A.R.S. § 33-1805

Multiple document requests from Oct 2021 to Mar 2022.

• May 25, 2022: The Department of Real Estate consolidated the matters and referred them to the OAH for an evidentiary hearing.

• January 9-10, 2023: The consolidated hearing takes place before the OAH.

• February 21, 2023: The OAH issues an Administrative Law Judge Decision. It granted portions of the general document request petitions but denied the petitions regarding the audio recording and the membership roster in their entirety. The petitioner’s request for civil penalties was also denied.

• March 26, 2023: As the aggrieved party, Mr. Barrs files a timely Dispute Rehearing Petition with the Department of Real Estate.

• April 18, 2023: The Department of Real Estate issues an order denying the rehearing request.

• June 6, 2023: The Department is notified that Mr. Barrs has appealed its decision to the Maricopa County Superior Court.

III. The Superior Court Ruling: A Key Decision on HOA Record Transparency

On April 4, 2024, the Superior Court issued a pivotal order that reversed the Department of Real Estate’s decision in part, focusing squarely on the issue of membership lists.

The Court concluded that the ALJ had erred in treating the membership roster as exempt personal records. It ruled that such lists, containing names and property addresses, must be made available to all members unless they qualify for a specific statutory exception.

“In this case, Desert Ridge has kept membership lists as a part of their records undoubtedly for a variety of reasons. Unless those records qualify for an exception, they must be made available to all members… Those membership lists containing names and addresses, however, do not appear to fall within the exemption for personal records.”

The Court’s rationale was grounded in the principle of homeowner participation in association governance:

“In addition, in order to actively participate in HOA affairs, all members must have the ability to know who is in the Association and which home or land they own.”

The ruling drew a clear line between public-facing information and private contact details. It affirmed that while names and addresses are necessary for HOA functions, more personal data is not.

“The desire for additional personal information, including email addresses and phone numbers and the like, while understandable, is not necessary for active participation in the affairs of the Association… Email addresses and phone numbers, however, are more personal and less public in nature… While disclosure of names and property addresses… may be essential to having a homeowners association, the disclosure of email addresses and phone numbers is not.”

On August 2, 2024, the Court reaffirmed its ruling and remanded “only the reversed portion of the Department’s Decision” back to the OAH for “proceedings consistent” with its order. The petitioner’s request for attorneys’ fees for his pro per work was denied.

IV. The Remand Process and Clarification of Scope

Following the remand, the OAH scheduled a new hearing for March 31, 2025. A prehearing conference on March 18, 2025, revealed a significant disagreement between the parties on the scope of this new hearing.

• Petitioner’s Position: Mr. Barrs argued that the remand reopened all four of his original petitions for reconsideration.

• Respondent’s Position: Mr. Olley contended that the remand was narrowly focused on the single issue of the membership roster, as specified by the Superior Court.

ALJ Clark noted that the Department of Real Estate’s hearing notice was “deficient” because it failed to specify the issue for adjudication. To resolve the conflict, she issued a clarifying Minute Entry on March 24, 2025.

The Order explicitly narrowed the scope of the hearing:

“IT IS ORDERED that the issue to be addressed at the hearing… is whether Respondent failed to timely fulfill records requests submitted by Petitioner… by providing Petitioner with a full roster of Association Member names and corresponding property addresses per his request(s) in violation of ARIZ. REV. STAT. § 33-1805.”

The order further stated that in all other respects, the original ALJ Decision from February 21, 2023, “remains unchanged and in full force and effect,” thereby validating the respondent’s interpretation.

V. Final Hearing and Resolution

The remanded hearing convened on March 31, 2025. Before testimony could begin, the case moved swiftly to a resolution.

At the outset of the hearing, Mr. Olley, on behalf of the HOA, made a “motion for summary judgment,” conceding a violation of the statute regarding the withholding of the membership roster and offering to reimburse the petitioner’s $500 filing fee. The ALJ treated this as a settlement offer and allowed the parties to confer off the record.

The parties returned having reached a full agreement, which was entered into the record. The key stipulated facts were:

Stipulation

Details

Violation Admitted

The Association violated A.R.S. § 33-1805 by failing to provide the membership roster.

Specific Request

The violation pertains to the request made by Mr. Barrs on October 21, 2021.

Untimeliness

The roster was not provided until May 2023, approximately 19 months after the request.

Monetary Settlement

The Association agreed to pay Mr. Barrs a total of $975.00.

Based on the parties’ stipulations, ALJ Clark issued a final decision on April 1, 2025, formalizing the outcome:

1. Petition Granted: The petitioner’s remanded petition was granted.

2. Civil Penalty: A civil penalty of $25.00 was assessed against the Respondent. In his closing argument, petitioner’s counsel argued this was warranted due to the HOA’s “unconscionable conduct” in delaying compliance for 19 months.

3. Filing Fee Reimbursement: Respondent was ordered to reimburse the petitioner’s $500.00 filing fee, as per the stipulation and statute.

4. Finality: The decision reaffirmed that all other elements of the original February 21, 2023, OAH decision remain in effect.






Study Guide – 25F-H2222050-REL-RMD


{ “case”: { “docket_no”: “25F-H2222050-REL-RMD”, “case_title”: “Tom Barrs v. Desert Ranch Homeowners Association”, “decision_date”: “2025-04-01”, “alj_name”: “Jenna Clark”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA refuse to give me a list of other homeowners’ names and addresses?”, “short_answer”: “No. Unless an exception applies, membership lists with names and addresses must be made available so members can participate in HOA affairs.”, “detailed_answer”: “The decision clarifies that membership lists containing names and addresses are not considered ‘personal records’ that can be withheld. Access to this information is deemed necessary for members to actively participate in the association, such as knowing who belongs to the association and which properties they own.”, “alj_quote”: “Those membership lists containing names and addresses, however, do not appear to fall within the exemption for personal records. … In addition, in order to actively participate in HOA affairs, all members must have the ability to know who is in the Association and which home or land they own.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Records Request”, “Membership List”, “Homeowner Rights” ] }, { “question”: “Am I entitled to receive the email addresses and phone numbers of other homeowners?”, “short_answer”: “No. Email addresses and phone numbers are considered personal and private, unlike physical addresses.”, “detailed_answer”: “While names and physical addresses are necessary for HOA participation, the decision states that email addresses and phone numbers are more personal. Disclosure of this contact information is not essential for association business and could lead to harassment or marketing issues.”, “alj_quote”: “The desire for additional personal information, including email addresses and phone numbers and the like, while understandable, is not necessary for active participation in the affairs of the Association. … Email addresses and phone numbers, however, are more personal and less public in nature.”, “legal_basis”: “A.R.S. § 33-1805(B)(4)”, “topic_tags”: [ “Privacy”, “Records Request”, “Personal Records” ] }, { “question”: “How quickly must the HOA respond to my request to inspect records?”, “short_answer”: “The HOA has 10 business days to fulfill a request.”, “detailed_answer”: “Arizona law grants the association ten business days to fulfill a request for examination or to provide copies of requested records.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records… the association shall have ten business days to provide copies of the requested records.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Timelines”, “Procedural Requirements” ] }, { “question”: “Can the HOA charge me a fee for simply looking at the records?”, “short_answer”: “No. The HOA cannot charge for making materials available for review.”, “detailed_answer”: “The statute explicitly prohibits the association from charging a member for the act of making material available for review. Charges are only permitted for 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”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “How much can the HOA charge me for copies of records?”, “short_answer”: “The HOA can charge a maximum of 15 cents per page.”, “detailed_answer”: “If a member requests copies of records, the association is legally permitted to charge a fee, but it is 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”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “What records is the HOA allowed to withhold from me?”, “short_answer”: “The HOA can withhold privileged legal communications, pending litigation, closed meeting minutes, and specific personal or employee records.”, “detailed_answer”: “The decision outlines specific statutory exceptions where records can be withheld, including attorney-client privilege, pending litigation, minutes from executive sessions, and personal/health/financial records of members or employees.”, “alj_quote”: “Books and records… may be withheld… to the extent that the portion withheld relates to any of the following: 1. Privileged communication… 2. Pending litigation. 3. Meeting minutes… of a session… not required to be open… 4. Personal, health or financial records…”, “legal_basis”: “A.R.S. § 33-1805(B)”, “topic_tags”: [ “Exceptions”, “Records Request”, “Privacy” ] }, { “question”: “Can the HOA be penalized if they delay providing records for a long time?”, “short_answer”: “Yes. Significant delays can result in a violation and civil penalties.”, “detailed_answer”: “In this case, the HOA failed to provide a membership roster for approximately 19 months (from October 2021 to May 2023). This was deemed untimely and resulted in a civil penalty.”, “alj_quote”: “Respondent’s response to Petitioner’s October 21, 2021, records request was untimely, as it was not fulfilled until May 2023. … Petitioner’s request to assess civil penalties totaling $25.00 against Respondent is granted.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Penalties”, “Enforcement”, “Timelines” ] }, { “question”: “If I win my hearing, will the HOA have to reimburse my filing fee?”, “short_answer”: “Yes, the ALJ can order the HOA to reimburse the $500 filing fee.”, “detailed_answer”: “The decision orders the Respondent (HOA) to reimburse the Petitioner’s $500 filing fee as required by statute when the Petitioner prevails.”, “alj_quote”: “Respondent shall reimburse Petitioner’s $500.00 filing fee as required by ARIZ. REV. STAT. § 32-2199.01.”, “legal_basis”: “A.R.S. § 32-2199.01”, “topic_tags”: [ “Costs”, “Remedies” ] }, { “question”: “Who has to prove that the HOA broke the law?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “The homeowner must prove by a ‘preponderance of the evidence’ that the HOA violated the statute. This means showing that the contention is more probably true than not.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Legal Standards”, “Procedure” ] } ] }






Blog Post – 25F-H2222050-REL-RMD


{ “case”: { “docket_no”: “25F-H2222050-REL-RMD”, “case_title”: “Tom Barrs v. Desert Ranch Homeowners Association”, “decision_date”: “2025-04-01”, “alj_name”: “Jenna Clark”, “tribunal”: “OAH”, “agency”: “ADRE” }, “questions”: [ { “question”: “Can my HOA refuse to give me a list of other homeowners’ names and addresses?”, “short_answer”: “No. Unless an exception applies, membership lists with names and addresses must be made available so members can participate in HOA affairs.”, “detailed_answer”: “The decision clarifies that membership lists containing names and addresses are not considered ‘personal records’ that can be withheld. Access to this information is deemed necessary for members to actively participate in the association, such as knowing who belongs to the association and which properties they own.”, “alj_quote”: “Those membership lists containing names and addresses, however, do not appear to fall within the exemption for personal records. … In addition, in order to actively participate in HOA affairs, all members must have the ability to know who is in the Association and which home or land they own.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Records Request”, “Membership List”, “Homeowner Rights” ] }, { “question”: “Am I entitled to receive the email addresses and phone numbers of other homeowners?”, “short_answer”: “No. Email addresses and phone numbers are considered personal and private, unlike physical addresses.”, “detailed_answer”: “While names and physical addresses are necessary for HOA participation, the decision states that email addresses and phone numbers are more personal. Disclosure of this contact information is not essential for association business and could lead to harassment or marketing issues.”, “alj_quote”: “The desire for additional personal information, including email addresses and phone numbers and the like, while understandable, is not necessary for active participation in the affairs of the Association. … Email addresses and phone numbers, however, are more personal and less public in nature.”, “legal_basis”: “A.R.S. § 33-1805(B)(4)”, “topic_tags”: [ “Privacy”, “Records Request”, “Personal Records” ] }, { “question”: “How quickly must the HOA respond to my request to inspect records?”, “short_answer”: “The HOA has 10 business days to fulfill a request.”, “detailed_answer”: “Arizona law grants the association ten business days to fulfill a request for examination or to provide copies of requested records.”, “alj_quote”: “The association shall have ten business days to fulfill a request for examination. … On request for purchase of copies of records… the association shall have ten business days to provide copies of the requested records.”, “legal_basis”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Timelines”, “Procedural Requirements” ] }, { “question”: “Can the HOA charge me a fee for simply looking at the records?”, “short_answer”: “No. The HOA cannot charge for making materials available for review.”, “detailed_answer”: “The statute explicitly prohibits the association from charging a member for the act of making material available for review. Charges are only permitted for 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”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “How much can the HOA charge me for copies of records?”, “short_answer”: “The HOA can charge a maximum of 15 cents per page.”, “detailed_answer”: “If a member requests copies of records, the association is legally permitted to charge a fee, but it is 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”: “A.R.S. § 33-1805(A)”, “topic_tags”: [ “Fees”, “Records Request” ] }, { “question”: “What records is the HOA allowed to withhold from me?”, “short_answer”: “The HOA can withhold privileged legal communications, pending litigation, closed meeting minutes, and specific personal or employee records.”, “detailed_answer”: “The decision outlines specific statutory exceptions where records can be withheld, including attorney-client privilege, pending litigation, minutes from executive sessions, and personal/health/financial records of members or employees.”, “alj_quote”: “Books and records… may be withheld… to the extent that the portion withheld relates to any of the following: 1. Privileged communication… 2. Pending litigation. 3. Meeting minutes… of a session… not required to be open… 4. Personal, health or financial records…”, “legal_basis”: “A.R.S. § 33-1805(B)”, “topic_tags”: [ “Exceptions”, “Records Request”, “Privacy” ] }, { “question”: “Can the HOA be penalized if they delay providing records for a long time?”, “short_answer”: “Yes. Significant delays can result in a violation and civil penalties.”, “detailed_answer”: “In this case, the HOA failed to provide a membership roster for approximately 19 months (from October 2021 to May 2023). This was deemed untimely and resulted in a civil penalty.”, “alj_quote”: “Respondent’s response to Petitioner’s October 21, 2021, records request was untimely, as it was not fulfilled until May 2023. … Petitioner’s request to assess civil penalties totaling $25.00 against Respondent is granted.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Penalties”, “Enforcement”, “Timelines” ] }, { “question”: “If I win my hearing, will the HOA have to reimburse my filing fee?”, “short_answer”: “Yes, the ALJ can order the HOA to reimburse the $500 filing fee.”, “detailed_answer”: “The decision orders the Respondent (HOA) to reimburse the Petitioner’s $500 filing fee as required by statute when the Petitioner prevails.”, “alj_quote”: “Respondent shall reimburse Petitioner’s $500.00 filing fee as required by ARIZ. REV. STAT. § 32-2199.01.”, “legal_basis”: “A.R.S. § 32-2199.01”, “topic_tags”: [ “Costs”, “Remedies” ] }, { “question”: “Who has to prove that the HOA broke the law?”, “short_answer”: “The homeowner (Petitioner) bears the burden of proof.”, “detailed_answer”: “The homeowner must prove by a ‘preponderance of the evidence’ that the HOA violated the statute. This means showing that the contention is more probably true than not.”, “alj_quote”: “In this proceeding, Petitioner bears the burden of proving by a preponderance of the evidence that Respondent violated ARIZ. REV. STAT. § 33-1805.”, “legal_basis”: “A.R.S. § 33-1805”, “topic_tags”: [ “Legal Standards”, “Procedure” ] } ] }


Case Participants

Petitioner Side

  • Tom Barrs (petitioner)
  • Jonathan A. Dessaules (petitioner attorney)
    Dessaules Law Group

Respondent Side

  • Michael Olley (HOA President)
    Desert Ranch Homeowners Association
    Appeared on behalf of Respondent. Also referred to as Michael Ali and Michel Olley.
  • B. Austin Baillio (respondent attorney)
    Maxwell & Morgan P.C.
    Counsel for Respondent in official correspondence.

Neutral Parties

  • Jenna Clark (ALJ)
    OAH
  • Susan Nicolson (Commissioner)
    Arizona Department of Real Estate
  • Judge Mikitish (Superior Court Judge)
    Superior Court of Arizona – Maricopa County
    Issued minute entries in related Superior Court proceedings.
  • vnunez (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • djones (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • labril (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • mneat (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • lrecchia (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • gosborn (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.
  • AHansen (ADRE staff)
    Arizona Department of Real Estate
    Recipient of official correspondence.

Other Participants

  • Brian Schoeffler (observer)
    Observed the hearing.
  • Stephen Barrs (observer)
    Observed the hearing. Also referred to as Steven Bar and Steven Bars.

Clifford (Norm) S. Burnes v. Saguaro Crest Homeowners Association,

Posted on by
Note: A Rehearing was requested for this case. The dashboard statistics reflect the final outcome of the rehearing process.

Case Summary

Case ID 21F-H2120002-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-08-09
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford Burnes and Maria Burnes Counsel Cynthia F. Burnes, Esq.
Respondent Saguaro Crest Homeowners Association, Inc. Counsel John Crotty, Esq.

Alleged Violations

CC&Rs Section 5
Architectural Design Guidelines Section 4.0
ARIZ. REV. STAT. § 33-1804(A), (D), and (E)
ARIZ. REV. STAT. § 33-1805

Outcome Summary

The final decision affirmed the denial of Issues 1, 2, and 3, and the granting of Issue 4. The Association was found to have violated ARIZ. REV. STAT. § 33-1805 for failing to provide complete records in a timely manner, resulting in the reimbursement of 1/4 of the filing fee.

Why this result: Petitioners failed to sustain the burden of proof regarding alleged violations of CC&Rs Section 5, Architectural Design Guidelines Section 4.0, and A.R.S. § 33-1804(A), (D), and (E).

Key Issues & Findings

Alleged violation of CC&Rs Section 5

Petitioners alleged that the HOA violated the Covenants, Conditions and Restrictions (CC&Rs), Section 5, by allowing construction on Lot 7 without prior ARC approval of required documents.

Orders: Petition denied.

Filing fee: $125.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs Section 5

Alleged violation of Community Agricultural Design Guidelines Section 4.0

Petitioners alleged that the HOA violated the Architectural Design Guidelines, Section 4.0, by failing to require the required $5,000.00 Construction Compliance Deposit for Lot 7.

Orders: Petition denied.

Filing fee: $125.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Architectural Design Guidelines Section 4.0
  • ARIZ. REV. STAT. § 10-3821

Alleged violation of A.R.S. § 33-1804(A), (D), and (E)

Petitioners alleged that the Board conducted an unnoticed closed meeting in violation of Arizona open meeting statutes.

Orders: Petition denied.

Filing fee: $125.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 33-1804(E)
  • ARIZ. REV. STAT § 10-3821

Alleged violation of A.R.S. § 33-1805

Petitioners alleged that the HOA failed to timely and completely fulfill a records request submitted on June 04, 2020, specifically by failing to provide missing email attachments.

Orders: Respondent must reimburse 1/4 of Petitioners' filing fee ($125.00). Respondent must henceforth comply with A.R.S. § 33-1805 and provide the missing email attachments within 10-business days.

Filing fee: $125.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805

Analytics Highlights

Topics: HOA Statute Violation, Records Request, Filing Fee Refund, Architectural Review, Open Meetings
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 33-1804(E)
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 10-3821
  • CC&Rs Section 5
  • Architectural Design Guidelines Section 4.0

Video Overview

Audio Overview

Decision Documents

21F-H2120002-REL-RHG Decision – 902726.pdf

Uploaded 2026-01-23T17:34:19 (239.9 KB)

21F-H2120002-REL-RHG Decision – ../21F-H2120002-REL/866263.pdf

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Briefing Doc – 21F-H2120002-REL-RHG


Briefing Document: Burnes v. Saguaro Crest Homeowners Association

Executive Summary

This document synthesizes the findings and legal proceedings in the case of Clifford (Norm) and Maria Burnes (“Petitioners”) versus the Saguaro Crest Homeowners Association, Inc. (“Respondent”). The dispute, adjudicated by the Arizona Office of Administrative Hearings (OAH), centered on a four-issue petition filed by the Burnes on July 17, 2020. The allegations concerned construction on a neighboring property (Lot 7), specifically violations of architectural rules, failure to collect a construction deposit, violations of open meeting laws, and failure to fulfill a records request.

The Administrative Law Judge (ALJ) found in favor of the Respondent on the first three issues, concluding that the association had not violated its Covenants, Conditions, and Restrictions (CC&Rs) regarding architectural control, had properly honored a waiver for the construction deposit, and had not violated state open meeting laws. However, the ALJ found that the Respondent did violate Arizona Revised Statute § 33-1805 by failing to provide copies of requested records within the statutory 10-day deadline and by providing an incomplete set of documents.

Following the initial decision, the Petitioners were granted a rehearing on the grounds of newly discovered evidence and an allegedly arbitrary decision. The rehearing affirmed the original findings, as the Petitioners conceded they possessed no new evidence that could not have been produced at the original hearing.

The final order requires the Respondent to reimburse the Petitioners for a portion of their filing fee, to comply with the records request statute moving forward, and to provide the specific missing documents from the original request.

Case Background and Procedural History

The case involves property owners Clifford (Norm) and Maria Burnes, who own Lot 6 in the Saguaro Crest subdivision in Tucson, Arizona, and their homeowners’ association. The dispute arose from the construction of a new home on the adjacent Lot 7.

• July 17, 2020: The Petitioners filed a four-issue petition with the Arizona Department of Real Estate.

• August 11, 2020: The Respondent HOA filed its answer, denying all four claims.

• August 19, 2020: The matter was referred to the Office of Administrative Hearings (OAH) for an evidentiary hearing.

• December 2020 & March 2021: Hearings were conducted before Administrative Law Judge Jenna Clark.

• March 22, 2021: The initial ALJ Decision was issued, denying the Petitioners’ claims on three issues but granting their petition on the fourth issue concerning the records request.

• April 28, 2021: The Petitioners filed a Dispute Rehearing Request on the grounds of “Newly discovered material evidence” and that the decision was “arbitrary, capricious, or an abuse of discretion.”

• May 21, 2021: The Commissioner of the Department of Real Estate granted the rehearing request.

• July 20, 2021: The rehearing was conducted.

• August 09, 2021: A Final Administrative Law Judge Decision was issued, affirming the original decision in its entirety.

Analysis of Allegations and Findings

The petition presented four distinct issues for adjudication. The findings for each are detailed below, based on the evidence presented in the hearings.

Issue 1: Alleged Violation of CC&Rs Section 5 (Architectural Control)

• Allegation: The Petitioners claimed the HOA allowed construction on Lot 7 to proceed without the required submission of documents to the Architectural Review Committee (ARC) for approval, specifically concerning modifications to the originally approved plans.

• Key Evidence:

◦ Petitioner Norm Burnes was a member of the ARC that unanimously approved the initial construction plans for Lot 7 on January 3, 2018.

◦ On October 21, 2018, and again on April 14, 2020, Mr. Burnes expressed concerns to the HOA Board that the placement of the home on Lot 7 deviated from the approved plans, negatively impacting the view and privacy of his own home on Lot 6.

◦ In a letter, Mr. Burnes stated, “Mr. Martinez did not honer the approved plan and has placed the house in the original position,” which he claimed was disharmonious and destroyed his view.

◦ The evidence showed that no additional or modified plans were ever submitted to the ARC for review after the initial January 2018 approval.

◦ The construction plans for Lot 7 were approved by Pima County on May 4, 2018.

• Conclusion: No violation found. The ALJ concluded that the “ARC cannot approve or deny proposed plans unless they are submitted for review.” Since no modified plans were ever presented, the ARC did not violate the CC&Rs. The decision also noted that the construction complied with the local government’s building authority.

Issue 2: Alleged Violation of Design Guidelines Section 4.0 (Construction Deposit)

• Allegation: The Petitioners claimed the HOA allowed construction on Lot 7 without collecting the required $5,000 refundable Construction Compliance Deposit.

• Key Evidence:

◦ In a meeting on May 3, 2020, the HOA Board of Directors decided to honor a Construction Compliance Deposit Waiver that had been previously granted to the Martinez family (owners of Lot 7).

◦ The rationale for such waivers was that they were granted during an economic downturn to incentivize property purchases in the subdivision.

◦ Crucially, the HOA “does not possess a corporate record that any such Construction Compliance Deposit Waiver was previously granted to the Martinez family.”

• Conclusion: No violation found. The ALJ determined that it was “clear that Lot 7 was granted a construction compliance deposit waiver.” The lack of a documented record explaining the details of the waiver was acknowledged but considered moot because it was not a specifically “noticed issue” in the petition.

Issue 3: Alleged Violation of A.R.S. § 33-1804 (Open Meeting Laws)

• Allegation: The Petitioners claimed the HOA Board conducted an unnoticed meeting on or about May 20, 2020, to consider matters relevant to Petitioner Norm Burnes, violating state open meeting laws.

• Key Evidence:

◦ On April 18, 2020, Mr. Burnes requested an urgent meeting with the Board, which was held the following day.

◦ On May 20, 2020, the Board acted via unanimous written consent, as permitted under A.R.S § 10-3821, to restrict Mr. Burnes’s participation as an ARC member only on matters related to Lot 7.

◦ The Board’s written consent stated, “[T]he Board of Directors hereby unanimously agree that [Petitioner] be removed as an ARC Member for all ARC related matters concerning Lot 7.” This action was taken due to Mr. Burnes’s personal complaints against the Lot 7 owner, creating a conflict of interest.

• Conclusion: No violation found. The ALJ found that the Board’s failure to notice the April 19 meeting was an excused exception because the Petitioner himself had requested it as an urgent matter. The action on May 20 was not an illegal meeting but a permissible action taken via written consent without a meeting. Furthermore, the Board did not remove Mr. Burnes from the ARC entirely, but only restricted his involvement on the specific issue where he had a conflict.

Issue 4: Alleged Violation of A.R.S. § 33-1805 (Records Request)

• Allegation: The Petitioners claimed the HOA failed to fulfill a records request in accordance with state law.

• Key Evidence:

◦ On June 4, 2020, the Petitioners submitted a comprehensive request to review “ALL of the documents of the HOA” and for copies of documents falling into 17 specific categories, demanding fulfillment within 10 days.

◦ The statutory deadline for the HOA to comply with both the review and copy requests was June 18, 2020.

◦ The HOA made the documents available for review on June 16, 2020 (within the deadline).

◦ However, the HOA provided copies of the documents only on June 24, 2020, six days past the statutory deadline.

◦ Upon receiving the copies, Mr. Burnes notified the HOA the same day that “[S]ome of the attachments for some emails are not included within in this package from this documentation.” [sic]

• Conclusion: Violation found. The ALJ determined that the HOA violated the statute, which requires copies of requested records to be provided within ten business days. The Respondent’s argument that the Petitioner’s clarification on June 16 reset the deadline was explicitly rejected. The decision also noted that the documents provided were incomplete.

The Rehearing

The Petitioners’ request for a rehearing was granted, but it did not alter the case’s outcome.

• Grounds for Rehearing: The request was based on claims of newly discovered evidence and that the original findings on issues 1-3 were arbitrary or capricious.

• Rehearing Proceedings: During the rehearing, the “Petitioners offered no ‘new’ evidence and instead conceded that they wished to present evidence which they had in their possession during the prior hearing, that they markedly had decided not to present.”

• Outcome: Because no new evidence was presented, the Petitioners were precluded from recalling witnesses or offering additional exhibits. The ALJ found no basis to alter the original findings and affirmed the March 22, 2021, decision.

Final Order

The Final Administrative Law Judge Decision, dated August 9, 2021, affirmed the original order. The Respondent, Saguaro Crest Homeowners Association, is mandated to perform the following actions:

1. Denial and Granting of Petitions: The Petitioners’ petition is denied for Issues 1, 2, and 3. The petition is granted for Issue 4.

2. Reimbursement: The Respondent must reimburse the Petitioners for one-quarter of their filing fee, amounting to $500.00, to be paid in certified funds.

3. Future Compliance: The Respondent must henceforth comply with the requirements of A.R.S. § 33-1805 regarding member access to association records.

4. Provision of Documents: The Respondent must provide the Petitioners with the missing email attachments related to the June 4, 2020, records request within 10 business days of the final order’s effective date.






Study Guide – 21F-H2120002-REL-RHG


Study Guide: Burnes v. Saguaro Crest Homeowners Association, Inc.

Short-Answer Quiz

Instructions: Answer the following ten questions based on the provided source documents. Each answer should be approximately two to three sentences.

1. Identify the primary parties in this legal dispute and describe their relationship within the Saguaro Crest community.

2. What were the four specific allegations the Petitioners filed against the Respondent on July 17, 2020?

3. Explain Petitioner Norm Burnes’s initial role with the Architectural Review Committee (ARC) and how the Board of Directors later altered his participation.

4. Describe the controversy surrounding the $5,000 Construction Compliance Deposit for the construction on Lot 7.

5. What was the central grievance expressed by the Petitioners regarding the placement and construction of the new home on Lot 7?

6. What action did the Board of Directors take on May 20, 2020, without a formal, noticed meeting, and under what legal authority did they act?

7. Summarize the timeline and outcome of the Petitioners’ June 4, 2020, records request to the Association.

8. Why did the Administrative Law Judge ultimately rule in favor of the Petitioners on Issue 4, regarding the violation of ARIZ. REV. STAT. § 33-1805?

9. On what grounds did the Petitioners request a rehearing, and what was the judge’s finding regarding the “new evidence” they wished to present?

10. What was the final, affirmed order issued by the Administrative Law Judge in this case?

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Answer Key

1. The primary parties are Clifford (Norm) S. and Maria Burnes (the “Petitioners”) and the Saguaro Crest Homeowners Association, Inc. (the “Respondent”). The Petitioners are property owners in the Saguaro Crest subdivision, making them members of the Association, which is the governing body for the community.

2. The Petitioners alleged that the Association (1) improperly allowed construction on Lot 7 without required ARC approval in violation of CC&Rs Section 5; (2) allowed this construction without the required Construction Compliance Deposit; (3) conducted an unnoticed meeting in violation of ARIZ. REV. STAT. § 33-1804; and (4) failed to fulfill a records request in violation of ARIZ. REV. STAT. § 33-1805.

3. Petitioner Norm Burnes was named to serve as an Architecture Review Committee (ARC) member effective December 5, 2017, and he participated in the unanimous approval of the Lot 7 construction plans. On May 20, 2020, the Board of Directors restricted his participation as an ARC member for all matters concerning Lot 7 due to his personal complaints, which created a conflict of interest.

4. The Association’s Architectural Design Guidelines require a refundable $5,000 Construction Compliance Deposit. The Board decided to honor a discretionary waiver for Lot 7, which was said to have been granted during an economic downturn to incentivize purchases, though the Association possessed no corporate record of the waiver being granted.

5. The Petitioners’ central grievance was that the house on Lot 7 was placed too close to their backyard (on Lot 6), destroying their views, violating their privacy, and causing stress. They contended that the owner of Lot 7 did not honor the approved plan and built the house in its original, unapproved position.

6. On May 20, 2020, the Board of Directors acted without a noticed meeting to restrict Petitioner Norm Burnes’s participation on the ARC for matters related to Lot 7. They acted under the authority of ARIZ. REV. STAT § 10-3821, which permits action without a meeting if all directors provide written consent, which they obtained via individual signatures.

7. On June 4, 2020, Petitioners requested to review all Association records and receive copies of documents from 17 specific categories. The Association offered a review on June 16 (within the 10-day limit), but did not provide the requested copies until June 24, which was after the statutory deadline of June 18. Furthermore, the copies provided were incomplete, missing some email attachments.

8. The Judge ruled a violation occurred because the Association failed to provide copies of the requested records within the ten business days mandated by the statute. The Judge rejected the Association’s argument that the Petitioner’s clarification on June 16 reset the deadline, stating the Association was obligated to timely clarify and provide the documents.

9. The Petitioners requested a rehearing on the grounds of “Newly discovered material evidence” and that the initial decision was “arbitrary, capricious, or an abuse of discretion.” The judge found that the Petitioners offered no new evidence, but rather wished to present evidence they had possessed but strategically chose not to use in the original hearing.

10. The final, affirmed order granted the Petitioners’ petition regarding Issue 4 and denied it for Issues 1-3. The Respondent was ordered to reimburse the Petitioners for ¼ of their filing fee ($500.00), comply with ARIZ. REV. STAT. § 33-1805 going forward, and provide the missing email attachments from the records request within 10 business days.

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Essay Questions

Instructions: The following questions are designed for a more in-depth, essay-style response. Answers are not provided.

1. Analyze the legal concept of “burden of proof by a preponderance of the evidence” as it was applied in this case. Explain why the Administrative Law Judge concluded that the Petitioners successfully met this burden for the records request violation but failed to do so for their allegations concerning the CC&Rs, the construction deposit, and the open meeting laws.

2. Discuss the role, authority, and limitations of a Homeowners’ Association’s Architectural Review Committee (ARC) as depicted in the source documents. Evaluate the Saguaro Crest ARC’s actions and failures to act regarding the construction on Lot 7, and explain why the Judge determined that no violation of CC&Rs Section 5 had occurred.

3. Examine the conflict of interest involving Petitioner Norm Burnes’s dual roles as an aggrieved neighbor and a member of the ARC. Detail how this conflict emerged, the specific actions the Board of Directors took to address it, and the legal justification for those actions.

4. Trace the full timeline of events related to the Board of Directors’ meetings in April and May 2020. Analyze the Petitioners’ claim that these constituted a violation of Arizona’s open meeting laws (ARIZ. REV. STAT. § 33-1804) and the Judge’s legal reasoning for concluding that no violation was established.

5. Evaluate the Petitioners’ request for a rehearing. Based on the Final Administrative Law Judge Decision, explain the legal standard for granting a rehearing based on “newly discovered material evidence” and why the Petitioners’ offer of proof failed to meet this standard.

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

The presiding official (Jenna Clark) at the Office of Administrative Hearings who hears evidence, makes Findings of Fact and Conclusions of Law, and issues orders in the case.

Architectural Review Committee (ARC)

A committee established by the Association’s CC&Rs, charged with implementing Architectural Guidelines to maintain aesthetic standards within the community. In this case, Petitioner Norm Burnes was a member.

Arizona Department of Real Estate (Department)

The state agency authorized to receive and decide petitions for hearings from members of homeowners’ associations in Arizona.

ARIZ. REV. STAT.

Abbreviation for Arizona Revised Statutes, which are the codified laws of the state of Arizona. Specific statutes, such as § 33-1804 (open meeting laws) and § 33-1805 (records access), were central to this case.

Board of Directors (the Board)

The overseeing body of the Saguaro Crest Homeowners Association, comprised of a President, Vice President, and Treasurer.

Burden of Proof

The obligation of a party in a legal proceeding (in this case, the Petitioners) to produce evidence that proves the claims they have made against the other party.

Covenants, Conditions, and Restrictions (CC&Rs)

The governing documents for the Saguaro Crest community that form an enforceable contract between the Association and each property owner, controlling aspects of property use.

Construction Compliance Deposit (CCD)

A refundable $5,000.00 deposit required by Section 4.0 of the Association’s Architectural Design Guidelines, which became a point of contention regarding Lot 7.

Office of Administrative Hearings (OAH)

An independent state agency in Arizona where the evidentiary hearings for this case were held.

Petitioners

Clifford (Norm) S. Burnes and Maria Burnes, the property owners of Lot 6 who filed the petition against the Homeowners Association.

Preponderance of the Evidence

The standard of proof required in this proceeding, defined as evidence that is more convincing and has superior weight, making it more probable that a contention is true than not true.

Respondent

The Saguaro Crest Homeowners Association, Inc., the non-profit corporation governing the subdivision and the party against whom the petition was filed.






Blog Post – 21F-H2120002-REL-RHG


He Sued His HOA and Won… Sort Of. 4 Shocking Lessons from a Neighbor vs. HOA Showdown

Introduction: The Neighbor’s Nightmare

It’s a scenario that sparks anxiety for any homeowner: you look out your window and see the first signs of a new construction project on the property next door. The questions immediately flood your mind. Will it block my view? Will I lose my privacy? Will this new structure change the character of the neighborhood I love?

When a decision by a Homeowners’ Association (HOA) feels threatening, the impulse to fight back is strong. But what does that fight actually look like, and what does it mean to “win”?

The real-life case of the Burnes family versus the Saguaro Crest HOA in Arizona provides a masterclass in the unexpected realities of neighbor-versus-HOA disputes. They took their fight to an administrative hearing, and the official legal decision reveals surprising and counter-intuitive lessons for any homeowner. Here are the four most impactful takeaways from that legal showdown—critical warnings for anyone who thinks going to battle with their HOA is a straightforward affair.

1. He Helped Approve the Plans He Grew to Hate

In a turn of profound irony, the petitioner leading the charge against the HOA, Mr. Norm Burnes, was a serving member of the very committee that set the entire conflict in motion: the HOA’s Architectural Review Committee (ARC).

On January 3, 2018, the ARC, including Mr. Burnes, unanimously approved the construction plans for the neighboring home on Lot 7. At the time, they were just plans on paper. But more than two years would pass before Mr. Burnes raised an alarm—long after the abstract lines on a page had become concrete and steel next door. On April 14, 2020, with construction underway, the reality of the new build became a personal grievance. Mr. Burnes wrote to the board, explaining that the new house was a “constant source of stress” for his family, that his privacy was “violated / gone,” and that his cherished views were “destroyed.”

In his own words, the impact was devastating:

“A large part of the value to me for my house was the view from the back patio. That’s gone now. The view from my kitchen and bedroom windows are destroyed.”

This is a powerful lesson in unintended consequences. It reveals how abstract plans can become deeply personal issues once construction begins. More importantly, it highlights the inherent conflict that can arise when a homeowner acts in an official capacity for the community while also trying to protect their own personal interests.

2. The HOA Won on Substance, But Lost on a Technicality

The Burnes family filed a formal petition with four distinct allegations against their HOA. In a striking outcome, the judge sided with the HOA on the three major, substantive issues at the heart of the dispute.

• Construction Plans: The judge found the HOA was not at fault for the final build. No modified plans were ever submitted for the ARC to review after the initial approval, and the construction itself complied with the local government’s authority.

• $5,000 Deposit: The judge concluded that the Lot 7 owner had been granted a waiver for the required construction deposit, even though the HOA lacked a formal record of it—a stroke of luck for the board that highlights the critical importance of meticulous record-keeping.

• Improper Meeting: The judge determined that the Board had not improperly removed Mr. Burnes from the ARC; they had only “removed [him] as an ARC Member for all ARC related matters concerning Lot 7,” a targeted recusal due to his direct conflict of interest, not a full removal from the committee. Furthermore, the meeting Mr. Burnes complained about was deemed a valid emergency meeting held at his own request.

Despite winning on these core points, the HOA was found in violation of the law on the fourth issue: a simple procedural error. The HOA had violated Arizona statute ARIZ. REV. STAT. § 33-1805 by failing to provide copies of requested records within the legally mandated 10-business day deadline. While the HOA allowed the Burnes family to review the documents on time (on June 16, within the June 18 deadline), they failed to provide the physical copies until June 24, four business days past the legal deadline.

This demonstrates a critical lesson for any organization. An entity can win the arguments on major issues but still be found in violation of the law for a minor administrative slip-up. Procedural diligence isn’t just good practice; it’s a legal requirement that can define the outcome of a case.

3. A Legal “Victory” Doesn’t Always Solve the Real Problem

So, what did the Burnes family “win” after their long and stressful legal battle? The judge’s final order was clear and specific. They received:

• A reimbursement of 1/4 of their filing fee ($500).

• An order for the HOA to provide the missing email attachments from their records request.

• An order for the HOA to comply with the records-request law in the future.

This outcome stands in stark contrast to Mr. Burnes’s original, deeply personal complaint. His fight began because the new house was a “constant source of stress” and had destroyed his backyard view. The legal ruling, however, did nothing to halt or alter the construction on Lot 7. The neighbor’s house, the very source of the entire conflict, remained exactly where it was.

This is a sobering look at the difference between a legal remedy and a practical solution. Winning in an administrative hearing is defined strictly by the letter of the law. The legal system addresses violations of statutes and governing documents, which may not align with—or offer any solution for—the personal grievance that ignited the conflict in the first place.

4. You Don’t Get a Do-Over for a Bad Strategy

Unhappy with the initial decision, the petitioners filed for a rehearing. The official grounds they cited were serious: they claimed to have “Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing.”

But when the rehearing began, the reality was quite different. As stated in the final decision, the petitioners conceded that they possessed no new evidence at all. Instead, they admitted they had strategically chosen not to present certain evidence during the first hearing and were now asking for a second chance to do so.

The judge’s response was swift and decisive. The petitioners were “precluded from recalling… witnesses, or offering additional exhibits,” and the original decision was affirmed.

This serves as a stark reminder that legal proceedings are formal and final. A trial or administrative hearing is not a practice run. The petitioners’ admission that they deliberately withheld evidence was a fatal strategic error, turning their request for a second chance into a confirmation of their first failure.

Conclusion: The Letter vs. The Spirit of the Law

The showdown between the Burnes family and the Saguaro Crest HOA is a compelling story of unintended consequences, procedural missteps, and strategic blunders. But taken together, the lessons reveal a single, powerful truth: the legal system is designed to correct violations of law, not to soothe personal grievances. The family won on a paperwork technicality but lost on every issue that mattered to their quality of life. The HOA won on the substance of the dispute but was penalized for failing to follow administrative rules.

The case leaves us with a critical question to consider. When you find yourself in a dispute, is it more important to be legally ‘right,’ or to find a practical resolution? As the Burnes family discovered, the two are not always the same thing.


Case Participants

Petitioner Side

  • Clifford Burnes (petitioner/ARC member)
    Saguaro Crest Homeowners Association, Inc.
    Also known as Norm S. Burnes
  • Maria Burnes (petitioner)
    Saguaro Crest Homeowners Association, Inc.
  • Cynthia F. Burnes (petitioner attorney)
    Counsel for Petitioners
  • Jacob A. Kubert (petitioner attorney)
    Counsel for Petitioners
  • Debora Brown (witness)
    Witness for Petitioners

Respondent Side

  • John Crotty (respondent attorney)
    Law Offices of Farley, Choate & Wood
    Counsel for Respondent
  • Kelsea Dressen (respondent attorney)
    Law Offices of Farley, Choate & Wood
    Counsel for Respondent (also listed as Kelsey P. Dressen)
  • Esmerelda Martinez (board member/witness)
    Saguaro Crest Homeowners Association, Inc.
    Board President
  • Dave Madill (board member)
    Saguaro Crest Homeowners Association, Inc.
    Board Vice President
  • Julie Stevens (board member)
    Saguaro Crest Homeowners Association, Inc.
    Board Treasurer
  • Raul Martinez (lot owner)
    Saguaro Crest Homeowners Association, Inc.
    Owner of Lot 7
  • Ramona Martinez (lot owner)
    Saguaro Crest Homeowners Association, Inc.
    Owner of Lot 7
  • Joseph Martinez (ARC member)
    Saguaro Crest Homeowners Association, Inc.
  • Jamie Argueta (ARC member)
    Saguaro Crest Homeowners Association, Inc.
  • Jesus Carranza (substitute ARC member)
    Saguaro Crest Homeowners Association, Inc.

Neutral Parties

  • Jenna Clark (ALJ)
    OAH
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate
  • Dan Gardener (ADRE staff)
    Arizona Department of Real Estate
    Recipient of order transmission (listed as DGardner)
  • c. serrano (administrative staff)
    Transmitted decision/order

Other Participants

  • Sadot Negreté (observer)

Clifford (Norm) S. Burnes v. Saguaro Crest Homeowners Association,

Posted on by

Case Summary

Case ID 21F-H2120002-REL-RHG
Agency ADRE
Tribunal OAH
Decision Date 2021-08-09
Administrative Law Judge Jenna Clark
Outcome partial
Filing Fees Refunded $500.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Clifford Burnes and Maria Burnes Counsel Cynthia F. Burnes, Esq.
Respondent Saguaro Crest Homeowners Association, Inc. Counsel John Crotty, Esq.

Alleged Violations

CC&Rs Section 5
Architectural Design Guidelines Section 4.0
ARIZ. REV. STAT. § 33-1804(A), (D), and (E)
ARIZ. REV. STAT. § 33-1805

Outcome Summary

The final decision affirmed the denial of Issues 1, 2, and 3, and the granting of Issue 4. The Association was found to have violated ARIZ. REV. STAT. § 33-1805 for failing to provide complete records in a timely manner, resulting in the reimbursement of 1/4 of the filing fee.

Why this result: Petitioners failed to sustain the burden of proof regarding alleged violations of CC&Rs Section 5, Architectural Design Guidelines Section 4.0, and A.R.S. § 33-1804(A), (D), and (E).

Key Issues & Findings

Alleged violation of CC&Rs Section 5

Petitioners alleged that the HOA violated the Covenants, Conditions and Restrictions (CC&Rs), Section 5, by allowing construction on Lot 7 without prior ARC approval of required documents.

Orders: Petition denied.

Filing fee: $125.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • CC&Rs Section 5

Alleged violation of Community Agricultural Design Guidelines Section 4.0

Petitioners alleged that the HOA violated the Architectural Design Guidelines, Section 4.0, by failing to require the required $5,000.00 Construction Compliance Deposit for Lot 7.

Orders: Petition denied.

Filing fee: $125.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • Architectural Design Guidelines Section 4.0
  • ARIZ. REV. STAT. § 10-3821

Alleged violation of A.R.S. § 33-1804(A), (D), and (E)

Petitioners alleged that the Board conducted an unnoticed closed meeting in violation of Arizona open meeting statutes.

Orders: Petition denied.

Filing fee: $125.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 33-1804(E)
  • ARIZ. REV. STAT § 10-3821

Alleged violation of A.R.S. § 33-1805

Petitioners alleged that the HOA failed to timely and completely fulfill a records request submitted on June 04, 2020, specifically by failing to provide missing email attachments.

Orders: Respondent must reimburse 1/4 of Petitioners' filing fee ($125.00). Respondent must henceforth comply with A.R.S. § 33-1805 and provide the missing email attachments within 10-business days.

Filing fee: $125.00, Fee refunded: Yes

Disposition: petitioner_win

Cited:

  • ARIZ. REV. STAT. § 33-1805

Analytics Highlights

Topics: HOA Statute Violation, Records Request, Filing Fee Refund, Architectural Review, Open Meetings
Additional Citations:

  • ARIZ. REV. STAT. § 32-2102
  • ARIZ. REV. STAT. § 32-2199
  • ARIZ. REV. STAT. § 32-2199.01
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(D)
  • ARIZ. REV. STAT. § 33-1804(E)
  • ARIZ. REV. STAT. § 33-1805
  • ARIZ. REV. STAT. § 10-3821
  • CC&Rs Section 5
  • Architectural Design Guidelines Section 4.0

Video Overview

Audio Overview

Decision Documents

21F-H2120002-REL Decision – 866263.pdf

Uploaded 2025-12-09T10:06:10 (268.5 KB)

21F-H2120002-REL Decision – 902726.pdf

Uploaded 2025-10-09T03:35:42 (239.9 KB)





Briefing Doc – 21F-H2120002-REL


Briefing Document: Burnes v. Saguaro Crest Homeowners Association, Final Decision

Executive Summary

This document synthesizes the Final Administrative Law Judge Decision in the case of Clifford and Maria Burnes (“Petitioners”) versus the Saguaro Crest Homeowners Association (“Respondent”), case number 21F-H2120002-REL-RHG. The dispute centered on a four-issue petition alleging violations by the Association related to new construction on a neighboring property (Lot 7), an unnoticed Board meeting, and the fulfillment of a records request.

Following an initial hearing and a subsequent rehearing, the Administrative Law Judge (ALJ) largely affirmed the original decision. The Petitioners failed to meet their burden of proof on three of the four issues, with the judge finding no violations by the Association regarding architectural controls, the waiver of a construction deposit, or the conduct of a Board meeting.

However, the Petitioners successfully proved that the Association violated Arizona Revised Statute § 33-1805 by failing to timely and completely fulfill a comprehensive records request. The final order requires the Association to reimburse the Petitioners for a portion of their filing fee ($500), comply with the records statute moving forward, and provide the specific missing documents (email attachments) from the original request. The rehearing was granted on the basis of “newly discovered evidence,” but the Petitioners conceded during the proceeding that they possessed no new evidence, leading the ALJ to rely solely on the record from the first hearing.

I. Background and Procedural History

The case involves a dispute between property owners Clifford and Maria Burnes and their homeowners’ association, Saguaro Crest, located in Tucson, Arizona. The Association is governed by Covenants, Conditions, and Restrictions (CC&Rs) recorded in 2006 and Architectural Design Guidelines adopted in 2018.

Procedural Timeline

July 17, 2020

Petitioners file a 4-issue petition with the Arizona Department of Real Estate.

August 11, 2020

Respondent (HOA) denies all claims in its answer.

Dec 11, 2020 & Mar 1-2, 2021

An evidentiary hearing is held before the Office of Administrative Hearings (OAH).

March 22, 2021

The Administrative Law Judge (ALJ) issues the initial decision.

April 28, 2021

Petitioners file a dispute rehearing request, alleging newly discovered evidence.

May 21, 2021

The Commissioner of the Department of Real Estate grants the rehearing request.

July 20, 2021

The rehearing is held. Petitioners concede they have no “new” evidence.

August 09, 2021

The Final Administrative Law Judge Decision is issued, affirming the initial ruling.

Key Parties

Name / Entity

Clifford & Maria Burnes

Petitioners; owners of Lot 6.

Cynthia F. Burnes, Esq.

Counsel for Petitioners.

Saguaro Crest HOA, Inc.

Respondent.

John Crotty, Esq.

Counsel for Respondent.

Norm Burnes

Petitioner; appointed to the Architectural Review Committee (ARC) in 2017.

Raul & Ramona Martinez

Owners of Lot 7, the property under construction.

Jenna Clark

Administrative Law Judge (ALJ).

II. Analysis of Allegations and Findings

The petition presented four distinct issues for adjudication. The Petitioners bore the burden of proving each violation by a preponderance of the evidence.

Issue 1: Alleged Violation of CC&Rs Section 5 (Architectural Control)

• Petitioners’ Allegation: The Association improperly allowed construction on Lot 7 to proceed without required documents being submitted to the Architectural Review Committee (ARC) for approval.

• Factual Record:

◦ The ARC, which included Petitioner Norm Burnes, unanimously approved construction plans for Lot 7 on January 3, 2018.

◦ Construction began sometime in 2018. Pima County approved the plans on May 4, 2018.

◦ On April 14, 2020, Petitioner Burnes sent a formal letter of concern to the Board, stating the placement of the home on Lot 7 was not per the approved plan and had destroyed their view and privacy. The letter included the following statement:

• Conclusion of Law: No violation found. The ALJ determined that while the construction on Lot 7 was not per the plans the ARC approved on January 3, 2018, no subsequent or modified plans were ever submitted to the ARC for review. The decision states, “The ARC cannot approve or deny proposed plans unless they are submitted for review.” Furthermore, the record shows the construction complies with the local government’s building authority.

Issue 2: Alleged Violation of Design Guidelines Section 4.0 (Construction Deposit)

• Petitioners’ Allegation: The Association allowed construction on Lot 7 without collecting the required $5,000.00 Construction Compliance Deposit.

• Factual Record:

◦ On May 3, 2020, the Board of Directors decided to honor a Construction Compliance Deposit waiver that had been previously granted to the Martinez family.

◦ This discretionary waiver was reportedly granted during an economic downturn to incentivize property purchases.

◦ Critically, the Association “does not possess a corporate record that any such Construction Compliance Deposit Waiver was previously granted to the Martinez family.”

• Conclusion of Law: No violation found. The ALJ concluded it was “clear that Lot 7 was granted a construction compliance deposit waiver.” The lack of a documented record was noted, but the inquiry was deemed moot as it was not a noticed issue in the petition.

Issue 3: Alleged Violation of A.R.S. § 33-1804 (Unnoticed Meeting)

• Petitioners’ Allegation: The Board of Directors conducted an unnoticed meeting on or about May 20, 2020, to consider matters relevant to Petitioner Norm Burnes.

• Factual Record:

◦ On April 18, 2020, Petitioner requested an urgent meeting with the Board, which was held the next day.

◦ On May 20, 2020, the Board acted with unanimous consent (obtained via individual signatures) to restrict Petitioner Burnes’s participation as an ARC member “regarding all issued related to the construction of Lot 7.”

◦ The Board’s notes state: “[T]he Board of Directors hereby unanimously agree that [Petitioner] be removed as an ARC Member for all ARC related matters concerning Lot 7.”

• Conclusion of Law: No violation found. The judge ruled that the Board’s failure to notice the April 19 meeting was excused as an exception because the Petitioner himself had requested it on an urgent basis. Regarding the May 20 action, the record shows Mr. Burnes was not removed from the ARC entirely, but only recused from matters concerning the Lot 7 dispute in which he had a direct conflict of interest.

Issue 4: Alleged Violation of A.R.S. § 33-1805 (Records Request)

• Petitioners’ Allegation: The Association failed to properly fulfill a records request.

• Factual Record:

◦ On June 4, 2020, Petitioners submitted a comprehensive, 17-point records request and demanded fulfillment within the statutory 10-day period.

◦ On June 16, 2020, the Association made 342 pages of documents available for in-person review but prohibited Petitioners from using their own scanning equipment.

◦ The statutory deadline for compliance was June 18, 2020.

◦ On June 24, 2020, after Petitioners paid a $51.30 fee, the Association provided copies of the documents.

◦ Later that day, Petitioners notified the Association that the document package was incomplete, as “attachments for some emails are not included.”

• Conclusion of Law: Violation established. The ALJ found that the Association failed to comply with the statute. The documents were made available for review within the 10-day window, but the copies were not provided until June 24, after the deadline. More importantly, the copies provided were incomplete. The judge rejected the Association’s argument that a clarification from the Petitioner reset the statutory clock.

III. Final Order and Directives

The Final Administrative Law Judge Decision, issued after the rehearing, affirmed the conclusions of the initial March 22, 2021 decision.

• Petition Status: The petition was granted in part (on Issue 4) and denied in part (on Issues 1, 2, and 3).

• Financial Reimbursement: The Respondent (Saguaro Crest HOA) is ordered to reimburse the Petitioners for one-quarter of their filing fee, amounting to $500.00.

• Statutory Compliance: The Respondent is ordered to henceforth comply with the requirements of A.R.S. § 33-1805 regarding records requests.

• Document Production: The Respondent is ordered to provide the Petitioners with the missing email attachments related to the June 4, 2020 records request within 10 business days of the final order’s effective date.






Study Guide – 21F-H2120002-REL


Study Guide: Burnes v. Saguaro Crest Homeowners Association, Inc.

This study guide provides a detailed review of the Final Administrative Law Judge Decision in the case of Clifford and Maria Burnes versus the Saguaro Crest Homeowners Association, Inc. (No. 21F-H2120002-REL-RHG). The guide includes a short-answer quiz with an answer key, a set of essay questions for deeper analysis, and a comprehensive glossary of key terms used in the legal proceedings.

Short-Answer Quiz

Instructions: Answer the following questions in 2-3 sentences based on the information provided in the case document.

1. Who are the Petitioners and the Respondent in this case, and what is their fundamental relationship?

2. List the four distinct issues the Petitioners alleged against the Respondent in their initial petition.

3. On what grounds did the Petitioners request and receive a rehearing after the initial decision was issued on March 22, 2021?

4. What was the outcome of the Petitioners’ attempt to present new witnesses and exhibits during the rehearing on July 20, 2021?

5. Why did the Administrative Law Judge conclude that the Respondent had not violated Section 5 of the CC&Rs regarding the construction on Lot 7?

6. Explain the controversy surrounding the $5,000 Construction Compliance Deposit and the court’s ultimate finding on the matter.

7. What action did the Board of Directors take against Petitioner Norm Burnes on May 20, 2020, and why was this action not considered a violation of A.R.S. § 33-1804?

8. Which of the four allegations was ultimately successful for the Petitioners, and what specific failures by the Respondent led to this finding?

9. What were the four key orders issued by the Administrative Law Judge in the Final Order?

10. What was Petitioner Norm Burnes’s official role within the Saguaro Crest community, and how did this position create a conflict of interest in the dispute?

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Quiz Answer Key

1. The Petitioners are Clifford and Maria Burnes, who are property owners in the Saguaro Crest subdivision and members of the homeowners’ association. The Respondent is the Saguaro Crest Homeowners Association, Inc. (HOA), which is the governing body for the subdivision.

2. The four issues were: (1) The HOA allowed construction on Lot 7 without required ARC document submission in violation of CC&Rs Section 5; (2) The HOA allowed construction without a required Construction Compliance Deposit; (3) The Board conducted an unnoticed meeting in violation of A.R.S. § 33-1804; (4) The HOA failed to fulfill a records request in violation of A.R.S. § 33-1805.

3. The Petitioners requested a rehearing on the grounds of having “Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing.” They also alleged that the original decision was “arbitrary, capricious, or an abuse of discretion.”

4. At the rehearing, the Petitioners conceded they possessed no “newly discovered” evidence, but rather evidence they had strategically chosen not to present previously. Because they did not provide a satisfactory offer of proof for new evidence, they were precluded from recalling witnesses or offering additional exhibits.

5. The Judge found that while the construction on Lot 7 was not per the plans approved by the ARC on January 3, 2018, no additional plans had been submitted for the ARC’s consideration. The Judge reasoned that the ARC cannot approve or deny plans that are not submitted, and the build complied with the local government’s building authority.

6. The Architectural Design Guidelines required a $5,000 deposit, but the owners of Lot 7 had been granted a waiver. Although the HOA did not possess a corporate record of the waiver, the Board voted to honor it. The court found no violation because the waiver had been granted, and the lack of documentation was not the specific issue being litigated.

7. On May 20, 2020, the Board held an unnoticed meeting and, via unanimous consent, restricted Petitioner Burnes’s participation as an ARC member for all matters related to Lot 7. This was not a violation because the failure to notice was excused as an exception, and the Board only removed him from matters concerning Lot 7, not from the ARC entirely.

8. Issue #4, the records request violation, was successful for the Petitioners. The Respondent failed to provide copies of the requested documents within the statutory 10-day deadline, providing them on June 24, 2020, when the deadline was June 18, 2020. Furthermore, the documents provided were incomplete, as they were missing email attachments.

9. The Final Order affirmed the previous decision, ordered the Respondent to reimburse the Petitioners for 1/4 of their filing fee ($500.00), ordered the Respondent to comply with A.R.S. § 33-1805 going forward, and ordered the Respondent to provide the missing email attachments within 10 business days.

10. Petitioner Norm Burnes was a member of the Association’s Architectural Review Committee (ARC). This created a conflict of interest because he was part of the committee that initially approved the Lot 7 construction plans, but he later raised formal complaints against that same construction project due to its impact on his own property (Lot 6).

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Essay Questions

Instructions: The following questions are designed for a more in-depth analysis of the case. No answers are provided.

1. Analyze the concept of “burden of proof” by a “preponderance of the evidence” as it applies to this case. How did the Petitioners succeed in meeting this burden for Issue #4 but fail for the other three issues?

2. Discuss the powers and limitations of a Homeowners’ Association Board and its Architectural Review Committee as illustrated in this case, specifically concerning construction approval, enforcement authority, and the management of member conflicts of interest.

3. The Petitioners’ request for a rehearing was based on “newly discovered material evidence.” Explain why this request ultimately failed to change the outcome and discuss the strategic decisions made by the Petitioners regarding the presentation of evidence.

4. Examine the conflict between a homeowner’s desire for privacy and unobstructed views (as expressed by the Petitioners) and the rights of a neighboring property owner to develop their land. How did the community’s governing documents and the final legal decision address this conflict?

5. Trace the timeline of the records request dispute (Issue #4). What were the specific actions and inactions by the Respondent that led to a finding of a statutory violation, and what does this illustrate about an HOA’s administrative and statutory responsibilities to its members?

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Glossary of Key Terms

Definition

Administrative Law Judge (ALJ)

An independent judge who presides over administrative hearings, makes findings of fact and conclusions of law, and issues decisions. In this case, the ALJ was Jenna Clark.

Architectural Review Committee (ARC)

A committee charged by an HOA’s CC&Rs with implementing architectural guidelines to maintain aesthetic standards and preserve property values. Petitioner Norm Burnes was a member of this committee.

Arizona Department of Real Estate (Department)

The state agency authorized to receive and decide petitions for hearings from members of homeowners’ associations in Arizona.

Arizona Revised Statute (ARIZ. REV. STAT. or A.R.S.)

The codified laws of the State of Arizona. Specific statutes cited include § 33-1804 (regarding open meetings) and § 33-1805 (regarding association records).

Burden of Proof

The obligation on a party in a legal case to prove their allegations. In this proceeding, the Petitioners bore the burden of proving their claims by a preponderance of the evidence.

Covenants, Conditions, and Restrictions (CC&Rs)

The governing legal documents that set up the rules for a planned community. They form an enforceable contract between the HOA and each property owner.

Homeowners’ Association (HOA)

The organization that makes and enforces rules for a subdivision or planned community. In this case, the Saguaro Crest Homeowners Association, Inc. is the Respondent.

Offer of Proof

A presentation of evidence made to a judge to demonstrate the substance and relevance of evidence that a party seeks to introduce. The Petitioners’ offer of proof regarding new evidence was found to be unsatisfactory.

Office of Administrative Hearings (OAH)

An independent state agency that conducts evidentiary hearings for other state agencies. This matter was referred to the OAH by the Department of Real Estate.

Petitioners

The party that initiates a legal action or petition. In this case, Clifford and Maria Burnes are the Petitioners.

Preponderance of the Evidence

The standard of proof in most civil cases. It means that the evidence presented is sufficient to convince the trier of fact that a contention is more probably true than not.

Respondent

The party against whom a petition is filed. In this case, the Saguaro Crest Homeowners Association, Inc. is the Respondent.






Blog Post – 21F-H2120002-REL



🧑‍⚖️

21F-H2120002-REL-RHG

1 source

The provided text is a Final Administrative Law Judge Decision from the Office of Administrative Hearings in Arizona, detailing a dispute between petitioners Clifford and Maria Burnes and the Saguaro Crest Homeowners Association, Inc. The case involved four specific allegations of violations by the Association, including allowing unapproved construction on Lot 7, failing to collect a required construction deposit, conducting an unnoticed meeting, and failing to fulfill a records request. This document affirms an earlier decision, concluding that the Petitioners failed to sustain the burden of proof for the first three issues but succeeded on the fourth issue regarding the violation of Arizona law concerning records requests. Consequently, the Association was ordered to comply with the relevant statute, provide missing email attachments, and reimburse a portion of the Petitioners’ filing fee.



Case Participants

Petitioner Side

  • Clifford (Norm) S. Burnes (petitioner)
    Saguaro Crest subdivision property owner; ARC Member
  • Maria Burnes (petitioner)
    Saguaro Crest subdivision property owner
  • Jacob A. Kubert (attorney)
  • Cynthia F. Burnes (attorney)
  • Debora Brown (witness)

Respondent Side

  • John Crotty (attorney)
    Law Offices of Farley, Choate & Wood
  • Kelsea Dressen (attorney)
    Law Offices of Farley, Choate & Wood
  • Esmerelda Martinez (board president; witness)
    Saguaro Crest HOA Board of Directors
    President of the Board
  • Dave Madill (board member)
    Saguaro Crest HOA Board of Directors
    Vice President of the Board
  • Julie Stevens (board member)
    Saguaro Crest HOA Board of Directors
    Treasurer of the Board
  • Raul Martinez (property owner)
    Owner of Lot 7 and 13
    Construction on his property (Lot 7) is subject of the dispute
  • Ramona Martinez (property owner)
    Owner of Lot 7

Neutral Parties

  • Jenna Clark (ALJ)
    Office of Administrative Hearings
  • Sadot Negreté (observer)
  • Judy Lowe (ADRE Commissioner)
    Arizona Department of Real Estate
  • Dan Gardener (ADRE contact)
    Arizona Department of Real Estate
    Also listed as DGardner
  • c. serrano (administrative staff)
    Office of Administrative Hearings

Other Participants

  • Jamie Argueta (ARC member; property seller)
    Saguaro Crest HOA Architectural Review Committee
    Sold Lots 7 and 13 to Martinez family
  • Joseph Martinez (ARC member)
    Saguaro Crest HOA Architectural Review Committee
  • Jesus Carranza (substitute ARC member)
    Saguaro Crest HOA Architectural Review Committee
    Substitute for Petitioner during Lot 7 discussion

Samuel T Paparazzo v. Coronado Ranch Community Association

Posted on by

Case Summary

Case ID 20F-H2020061-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-09-03
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Samuel T Paparazzo Counsel —
Respondent Coronado Ranch Community Association Counsel Mark Stahl, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1804(A), 33-1804(B), 33-1804(F), and Association bylaws 2.3, 2.7, and 3.1

Outcome Summary

The Administrative Law Judge concluded that the Respondent HOA acted within the scope of its statutory authority during its April 02, 2020, annual meeting and elections, and denied the Petitioner's petition for failure to sustain the burden of proof regarding alleged statutory and bylaw violations.

Why this result: The ALJ found that notice of the meeting modification (to an online platform due to COVID-19) was timely and proper, and Petitioner's claimed denial of the right to speak was the result of user error of the online platform, not action by the Association. Furthermore, the decision to hold elections for all five open Board positions was deemed appropriate due to carryover vacancies resulting from a lack of quorum in the prior year (2019).

Key Issues & Findings

Alleged violations regarding Annual Meeting notice (change in venue), right to speak, proper call to order, and staggered board voting.

Petitioner filed a quadruple-issue petition alleging the Association violated statutes and bylaws concerning the April 02, 2020, annual meeting, specifically regarding insufficient notice for the venue change (due to COVID-19), denial of the right to speak (via online chat), improper chair delegation, and failure to stagger Board elections.

Orders: Petitioner’s petition is denied.

Filing fee: $2,000.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. ADMIN. CODE R4-9-117
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov

Analytics Highlights

Topics: COVID-19, Virtual Meeting, Notice, Right to Speak, Elections, Bylaws, Quorum, User Error
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. ADMIN. CODE R4-9-117

Video Overview

Audio Overview

Decision Documents

20F-H2020061-REL Decision – 819907.pdf

Uploaded 2026-01-23T17:33:45 (149.3 KB)





Briefing Doc – 20F-H2020061-REL


Briefing Document: Paparazzo v. Coronado Ranch Community Association (Case No. 20F-H2020061-REL)

Executive Summary

This document synthesizes the findings from the Administrative Law Judge Decision in the matter of Samuel T. Paparazzo versus the Coronado Ranch Community Association. The central conclusion of the proceeding is the denial of the Petitioner’s claims. The Administrative Law Judge (ALJ) determined that the Petitioner failed to prove by a preponderance of the evidence that the Association violated Arizona state statutes or its own governing bylaws in the conduct of its April 2, 2020, annual meeting.

The critical takeaways from the decision are as follows:

• Meeting Format and Notice: The Association’s decision to move its annual meeting to a virtual platform (ClickMeeting) was deemed a lawful and appropriate response to the COVID-19 pandemic and the Arizona Governor’s related executive orders. The notification methods, which included physical signs and multiple emails, were found to be sufficient.

• Right to Speak: The Petitioner’s claim that he was denied the right to speak because he was “blocked” from the online chat feature was dismissed. The ALJ concluded the issue stemmed from “user error”—the Petitioner typed messages but failed to transmit them by pressing ‘enter’ or ‘send’. The fact that 26 other members successfully used the chat feature demonstrated its functionality.

• Meeting Conduct: The Association’s president properly called the meeting to order before delegating chairing responsibilities to the Association’s Managing Agent, an action the Petitioner conceded was within the president’s authority.

• Board Elections: The election of all five Board of Director positions simultaneously, rather than in staggered terms, was justified by unique circumstances. The Association’s 2019 annual meeting failed to achieve a quorum, preventing an election and resulting in a “carryover of open seats,” which necessitated filling all positions in the 2020 election.

Ultimately, the ALJ found that the Association and its Board acted within the scope of their statutory authority and that the challenges raised by the Petitioner were without merit.

I. Case Overview

This briefing analyzes the Administrative Law Judge Decision issued on September 3, 2020, following an evidentiary hearing held on August 18, 2020.

• Case Number: 20F-H2020061-REL

• Presiding Judge: Administrative Law Judge Jenna Clark

• Petitioner: Samuel T. Paparazzo (Homeowner and Association Member)

• Respondent: Coronado Ranch Community Association (HOA)

• Central Issue: The core of the dispute was whether the Coronado Ranch Community Association violated Arizona Revised Statutes and specific sections of its own bylaws during its annual meeting on April 2, 2020.

II. Petitioner’s Allegations

On May 15, 2020, Samuel Paparazzo filed a quadruple-issue petition alleging that the Association committed the following violations:

1. Improper Notice of Meeting: Providing less than 10-days’ notice regarding a “change in venue” for the annual meeting to only a small portion of the membership, in violation of ARIZ. REV. STAT. § 33-1804(B) and Association Bylaw 2.3.

2. Denial of Right to Speak: Preventing the Petitioner from exercising his right to speak by “blocking” or otherwise disabling his use of the online “chat feature” during the virtual meeting, in violation of ARIZ. REV. STAT. § 33-1804(A).

3. Improper Meeting Conduct: Failing to properly call the annual meeting to order, in violation of Association Bylaw 2.7.

4. Improper Board Election: Conducting the Board of Directors election without the “staggered” terms required by the bylaws, in violation of Association Bylaw 3.1.

III. Factual Chronology and Key Evidence

The decision outlines a clear sequence of events, heavily influenced by the onset of the COVID-19 pandemic.

Feb. 20, 2020

The Association issues its initial notice for the annual meeting, scheduled for April 2, 2020, at Coronado Elementary School.

Mar. 12, 2020

The Association mails election ballots to all Members.

Mar. 19, 2020

Arizona Governor Douglas Ducey issues Executive Order 2020-09, limiting certain business operations to slow the spread of COVID-19.

~Mar. 25, 2020

The Association’s President, Bob Hicks, officially moves the meeting to the virtual ClickMeeting platform.

Mar. 25 – Apr. 1

The Association notifies Members of the change via 12 signs at 6 community entrances and three separate email blasts to approximately 750 Members, which had an average open rate of 63.53%.

Mar. 30, 2020

Governor Ducey issues Executive Order 2020-18, the “Stay Home, Stay Healthy, Stay Connected” order.

Apr. 1, 2020

Two signs are placed at the entrance to the original meeting location, Coronado Elementary School, informing of the change.

Apr. 2, 2020

The Annual Meeting is held via ClickMeeting.
• President Hicks calls the meeting to order and then appoints Managing Agent Kevin Bishop to chair the remainder of the meeting.
• A quorum is achieved based on attendees and absentee ballots.
• An election is held for all 5 open Board positions due to a lack of quorum at the 2019 meeting.
• The Petitioner types messages in the chat window but fails to hit “enter” or click “send” to transmit them. He receives no response to an email for help sent during the meeting.
• At least 26 other Members successfully use the chat feature.

IV. Analysis of Key Issues and Legal Conclusions

The Administrative Law Judge systematically addressed and dismissed each of the Petitioner’s four allegations, concluding that the Board acted lawfully and within its authority.

A. Meeting Notice and Venue Change

• Alleged Violation: ARIZ. REV. STAT. § 33-1804(B) and Bylaw 2.3 (Notice of Meetings).

• Finding: The petition was denied on this point. The ALJ concluded that the notice of the Association’s 2020 annual meeting was “timely and properly noticed.” The move to an online platform was not an arbitrary venue change but a necessary and reasonable measure to comply with the Governor’s executive orders related to the COVID-19 pandemic.

• Supporting Evidence:

◦ The Association made a multi-faceted effort to inform Members through physical signs and repeated emails.

◦ The Petitioner received notice of the modification and, crucially, “failed to raise an objection prior to or during the meeting at issue.”

◦ A Member’s attendance at a meeting waives objections to defective notice, as stated in Bylaw 2.3.

B. Right to Speak

• Alleged Violation: ARIZ. REV. STAT. § 33-1804(A) (Open Meetings and Member Participation).

• Finding: The petition was denied on this point. The ALJ determined the Petitioner’s inability to communicate during the meeting was the result of “user error” and not a deliberate act by the Association to silence him.

• Supporting Evidence:

◦ The Petitioner wrote messages but never finalized the action by hitting the “enter” key or clicking the “send” button.

◦ The chat feature was demonstrably functional, as it was “successfully used by no less than 26 other Members during the annual meeting.”

◦ The decision explicitly states, “The Association is not responsible for Petitioner’s lack of ClickMeeting proficiency.”

C. Conduct of Meeting

• Alleged Violation: Bylaw 2.7 (Organization and Conduct of Meeting).

• Finding: The petition was denied on this point. The meeting was lawfully conducted.

• Supporting Evidence:

◦ The Association President, Bob Hicks, called the meeting to order and took roll before appointing Managing Agent Kevin Bishop to chair the rest of the meeting.

◦ The Petitioner “conceded during cross-examination that President Hicks had the authority task Agent Bishop with chairing the annual meeting.”

D. Board of Directors Election

• Alleged Violation: Bylaw 3.1 (Number and Terms of Office).

• Finding: The petition was denied on this point. The election for all five Board seats was deemed “lawful and appropriate given the circumstances.”

• Supporting Evidence:

◦ The bylaw’s provision for staggered terms could not be implemented because the 2019 annual meeting lacked a quorum, which meant no election took place that year.

◦ This lack of a 2019 vote “resulted in a carryover of open seats,” necessitating a vote for all five Board positions in 2020.

◦ The Petitioner “admitted that it had not been possible for the Association to stagger Board electees in the 2020 vote because no quorum had been reached to vote in 2019.”

V. Final Order and Disposition

Based on the findings of fact and conclusions of law, the Administrative Law Judge issued a final order.

• Order: “IT IS ORDERED that Petitioner’s petition be denied.”

• Legal Standard: The Petitioner bore the burden of proving his case by a “preponderance of the evidence.” The ALJ concluded that the record did not establish any violations and that the Petitioner “failed to sustain his burden of proof in this matter.”

• Date of Order: The decision was issued on September 3, 2020.






Study Guide – 20F-H2020061-REL


Study Guide: Paparazzo v. Coronado Ranch Community Association

This guide is designed to review the key facts, legal arguments, and conclusions presented in the Administrative Law Judge Decision for case number 20F-H2020061-REL, Samuel T Paparazzo v. Coronado Ranch Community Association.

Short-Answer Quiz

Answer the following questions in 2-3 sentences, based on the information provided in the case document.

1. Who were the primary parties in this case, and what were their roles?

2. What were the four specific allegations the Petitioner made against the Association regarding its Annual Meeting?

3. How did the Association notify its members of the change from an in-person meeting to a virtual one?

4. What was the legal justification for the Association’s decision to move the Annual Meeting to an online platform?

5. What evidence was presented to counter the Petitioner’s claim that he was “blocked” from using the online chat feature?

6. According to the Association’s bylaws, who has the authority to chair the annual meeting and delegate that responsibility?

7. Why did the 2020 Board of Directors election involve voting for all five open positions instead of being staggered?

8. What is the “preponderance of the evidence” standard, and who bore the burden of proof in this hearing?

9. What two key Arizona Revised Statutes (ARIZ. REV. STAT.) relate to member meeting notices and the right to speak?

10. What was the final order issued by the Administrative Law Judge, and what was the core reasoning behind it?

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Answer Key

1. The primary parties were Samuel T. Paparazzo, the Petitioner, who is a property owner and member of the Association, and the Coronado Ranch Community Association, the Respondent, which is the homeowners’ association for the subdivision. The Petitioner brought the complaint, and the Respondent defended its actions.

2. The Petitioner alleged that: (i) inadequate notice of the “change in venue” was given; (ii) he was denied his right to speak by being blocked from the online chat feature; (iii) the meeting was not properly called to order; and (iv) the Board of Directors vote was not properly “staggered.”

3. The Association notified members of the move to the ClickMeeting platform by placing 12 signs at 6 common entrances, sending three separate emails to approximately 750 members, and placing 2 signs at the entrance of the originally scheduled location, Coronado Elementary School.

4. The legal justification was the need to comply with executive orders issued by Arizona Governor Douglas Ducey (2020-09, 2020-12, and 2020-18) to slow the spread of COVID-19. The online platform was adopted to allow homeowners to safely access the meeting while adhering to physical distancing mandates.

5. The evidence showed that the Petitioner wrote messages but never hit the “enter” key or “send” button to transmit them. Furthermore, the record indicates that no less than 26 other members successfully used the chat feature during the meeting.

6. According to Bylaw Section 2.7, the President of the Association, Bob Hicks, has the authority to call the meeting to order and chair it. The Petitioner conceded during cross-examination that President Hicks had the authority to delegate the chairing of the meeting to the Association’s Managing Agent, Kevin Bishop.

7. The election involved all five positions because a quorum had not been achieved at the Association’s 2019 annual meeting. This lack of a quorum prevented a vote from taking place, resulting in a carryover of all open board seats to the 2020 election.

8. A “preponderance of the evidence” is the standard of proof required, meaning the evidence must be more probably true than not. In this proceeding, the Petitioner, Samuel Paparazzo, bore the burden of proving his allegations by this standard.

9. ARIZ. REV. STAT. § 33-1804(B) requires notice to be sent not fewer than 10 nor more than 50 days in advance of a meeting. ARIZ. REV. STAT. § 33-1804(A) ensures that all meetings are open to members and that members are permitted to attend and speak at an appropriate time.

10. The final order was that the Petitioner’s petition be denied. The judge reasoned that the Petitioner failed to sustain his burden of proof, as the evidence showed the Association’s actions were lawful and appropriate responses to the circumstances, and the Petitioner’s inability to participate was due to user error.

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Essay Questions

The following questions are designed for deeper analysis of the case. No answers are provided.

1. Analyze the role of the COVID-19 pandemic and the associated executive orders in the events of this case. How did these external factors influence the Association’s actions and the Administrative Law Judge’s final decision?

2. The judge concluded that the Petitioner’s inability to use the chat function was due to “user error.” Discuss the evidence that supports this conclusion and explore the legal line between an association’s responsibility to provide access and a member’s responsibility to utilize the provided tools correctly.

3. Explain the relationship between the Association’s governing documents (CC&Rs and Bylaws) and Arizona state law (ARIZ. REV. STAT.). How did the judge use both to evaluate the legality of the Association’s handling of the annual meeting and election?

4. The Petitioner argued that the online platform constituted a “change in venue” that required more extensive notice. Based on the judge’s decision, evaluate the legal merits of this argument in the context of a virtual meeting necessitated by a public health crisis.

5. Discuss the concept of “quorum” as it applied to both the 2019 and 2020 annual meetings. How did the failure to achieve quorum in one year directly impact the procedures and outcome of the election in the following year?

——————————————————————————–

Glossary of Key Terms

Definition from Context

Administrative Law Judge (ALJ)

An independent judicial officer (Jenna Clark in this case) from the Office of Administrative Hearings who conducts evidentiary hearings and issues decisions on matters referred by state agencies like the Department of Real Estate.

ARIZ. REV. STAT.

Abbreviation for Arizona Revised Statutes, the collection of laws for the state of Arizona. Title 33, Chapter 16, Article 1 specifically regulates planned communities (homeowners’ associations).

Association

The Coronado Ranch Community Association, the homeowners’ association for the residential development in Gilbert, Arizona. It is governed by its CC&Rs and overseen by a Board of Directors.

Bylaws

The governing documents of the Association that detail the structure of day-to-day governance, including voting processes, quorum requirements, meeting provisions, and other operating guidelines.

Covenants, Conditions, and Restrictions. These form an enforceable contract between the Association and each property owner, empowering the Association to control certain aspects of property use within the development.

Declarant Control Period

An initial period in an association’s history where the developer (the “Declarant”) controls the Board of Directors. In this case, this period ended for the Association in 2005.

Department

The Arizona Department of Real Estate, the state agency authorized by statute to receive and decide petitions for hearings from members of homeowners’ associations.

The Office of Administrative Hearings, an independent state agency that was referred this matter to conduct an evidentiary hearing and decide the case.

Petitioner

Samuel T. Paparazzo, the property owner and Association member who filed the petition with the Department, alleging violations by the Association.

Preponderance of the Evidence

The burden of proof required in this hearing. It is defined as proof that convinces the trier of fact that a contention is “more probably true than not,” representing the greater weight of evidence.

Quorum

The minimum number of members required to be present or represented by ballot for a meeting to be valid and for votes to be taken. The failure to achieve quorum at the 2019 meeting resulted in a carryover of open board seats.

Respondent

The Coronado Ranch Community Association, the party against whom the petition was filed. The Respondent denied all allegations and was represented by legal counsel.






Blog Post – 20F-H2020061-REL


He Sued His HOA Over a Virtual Meeting—The Judge’s Ruling Contains 4 Critical Lessons for Every Homeowner

Introduction: The New Battlefield for Neighborhood Disputes

Cast your mind back to the chaotic spring of 2020. The world was locking down, businesses were scrambling to go remote, and the delicate social contracts of our neighborhoods were fraying. For millions living in Homeowners’ Associations, this meant the abrupt cancellation of in-person meetings, replaced by a frantic pivot to unfamiliar virtual platforms. In this pressure cooker of uncertainty and technical glitches, minor grievances quickly escalated into major legal battles.

The case of Paparazzo vs. Coronado Ranch Community Association is a quintessential legal drama of that era. A frustrated homeowner, believing he was silenced and his rights ignored during a virtual meeting, took his HOA to court. The judge’s decision, however, serves as a powerful cautionary tale. It distills four surprising and impactful lessons that every homeowner should understand as community governance becomes increasingly digital.

1. The Takeaway: You Can’t Claim You Were Silenced If You Forgot to Hit ‘Send’

The petitioner, Samuel Paparazzo, leveled a serious charge: that the HOA had denied his right to speak by “blocking” him from using the online chat feature during the annual meeting. In his view, this was an intentional act of suppression.

The digital evidence, however, told a very different story. While Mr. Paparazzo had typed several messages, he had never actually transmitted them by hitting the “enter” key or clicking the “send” button. While he did email for assistance during the meeting without receiving a timely response, the court found the chat feature was fully functional, proven by the fact that at least 26 other members used it successfully. The judge’s ruling was a stark lesson in digital accountability:

Petitioner’s inability to effectively communicate with the Association during the annual meeting was the result of user error. … The Association is not responsible for Petitioner’s lack of ClickMeeting proficiency.

This establishes a critical precedent for our digital age. The analysis here goes beyond simple “user error.” It suggests that a baseline of digital literacy is becoming a prerequisite for effective civic participation. Courts may have little sympathy for claims of disenfranchisement that stem from a failure to master the basic tools of modern communication.

2. The Takeaway: An Emergency Can Justify Last-Minute Changes

Next, the petitioner challenged the HOA on procedural grounds—a classic move in community disputes. He argued that the association failed to provide proper notice for the virtual meeting. The HOA had correctly noticed its in-person meeting for April 2, 2020, back on February 20. But by late March, holding that meeting had become impossible.

The judge’s response to this claim is a masterclass in how legal “reasonableness” can override rigid bylaws during a crisis. The court noted the rapidly evolving timeline of the pandemic: Governor Ducey issued executive orders limiting business operations on March 19, prohibiting the closure of essential services on March 23, and issuing the “Stay Home” order on March 30. Faced with these superseding government mandates, the HOA moved the meeting online on March 25.

Crucially, the HOA’s communication efforts were extensive and documented. They didn’t just send a single email. The board notified its members by:

• Placing 12 signs at 6 common entrances to the community.

• Sending three separate email blasts to approximately 750 members, which had an average open rate of 63.53%.

• Placing 2 additional signs at the entrance to the originally scheduled location, Coronado Elementary School.

The judge concluded that the HOA’s actions were a justifiable response to an unprecedented emergency. This wasn’t a board ignoring its rules; it was a board taking necessary steps to comply with government orders and protect its members, legally justifying the short-notice change in format.

3. The Takeaway: Just Showing Up Can Waive Your Right to Complain

This lesson hinges on a legal concept every homeowner must understand: waiver by attendance. Buried in the association’s bylaws was Section 2.3, which states: “A Member’s attendance at a meeting waives objection to the lack of notice or defective notice of the meeting.”

This is not mere legalese; it’s a common and powerful clause designed to ensure the finality of meetings. It prevents a member from strategically attending a meeting, remaining silent about a potential procedural flaw, and then launching a lawsuit later if they don’t like the outcome. The judge noted that the petitioner attended the virtual meeting but did not object to the notice “prior to or during” the event. By participating without raising a formal objection at the time, he legally accepted the meeting’s procedures and waived his right to challenge them later.

4. The Takeaway: The Past Can Haunt the Present

The petitioner’s final major complaint appeared to be a slam dunk: the election for the Board of Directors was not “staggered” as explicitly required by Bylaws Section 3.1. Instead of a mix of one- and two-year terms to ensure continuity, all five open board positions were elected at once. On its face, this was a clear violation.

But the reason for this anomaly demonstrates the domino effect of governance. The judge found that in the previous year, 2019, the association had failed to achieve a quorum for its annual meeting. Because there was no quorum, no vote could occur, creating a “carryover of open seats.” This failure in 2019 created a governance debt that had to be paid in 2020. The only lawful way to do so was to elect members to all five vacant positions. This shows that an HOA is a continuous legal entity; one year’s procedural failure doesn’t just disappear—it creates unusual but legally necessary circumstances the next.

Conclusion: A Final Thought for the Digital Neighborhood

The case of Paparazzo vs. Coronado Ranch Community Association offers a clear and compelling look at the collision between established community rules, the new realities of digital life, and the chaos of unforeseen global events. It shows that while bylaws and statutes provide a framework, their application can be shaped by emergencies, past events, and even a single user’s technical skills.

As our communities increasingly operate online, who bears the greater responsibility for ensuring effective communication—the organization hosting the meeting, or the individual attending it?


Case Participants

Petitioner Side

  • Samuel Paparazzo (petitioner)
    Also referred to as Samuel T Paparazzo

Respondent Side

  • Mark Stahl (HOA attorney)
    Coronado Ranch Community Association
    Also spelled Mark Sahl in source
  • Timothy Butterfield (HOA attorney)
    Coronado Ranch Community Association
  • Kevin Bishop (community manager)
    Coronado Ranch Community Association
    Appeared as a witness for Respondent; Also referred to as 'Agent Bishop' and chaired part of the annual meeting
  • Bob Hicks (HOA Board President)
    Coronado Ranch Community Association
    Delegated chairing of the annual meeting

Neutral Parties

  • Jenna Clark (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate

Samuel T Paparazzo v. Coronado Ranch Community Association

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Case Summary

Case ID 20F-H2020061-REL
Agency ADRE
Tribunal OAH
Decision Date 2020-09-03
Administrative Law Judge Jenna Clark
Outcome loss
Filing Fees Refunded $2,000.00
Civil Penalties $0.00

Parties & Counsel

Petitioner Samuel T Paparazzo Counsel —
Respondent Coronado Ranch Community Association Counsel Mark Stahl, Esq.

Alleged Violations

ARIZ. REV. STAT. §§ 33-1804(A), 33-1804(B), 33-1804(F), and Association bylaws 2.3, 2.7, and 3.1

Outcome Summary

The Administrative Law Judge concluded that the Respondent HOA acted within the scope of its statutory authority during its April 02, 2020, annual meeting and elections, and denied the Petitioner's petition for failure to sustain the burden of proof regarding alleged statutory and bylaw violations.

Why this result: The ALJ found that notice of the meeting modification (to an online platform due to COVID-19) was timely and proper, and Petitioner's claimed denial of the right to speak was the result of user error of the online platform, not action by the Association. Furthermore, the decision to hold elections for all five open Board positions was deemed appropriate due to carryover vacancies resulting from a lack of quorum in the prior year (2019).

Key Issues & Findings

Alleged violations regarding Annual Meeting notice (change in venue), right to speak, proper call to order, and staggered board voting.

Petitioner filed a quadruple-issue petition alleging the Association violated statutes and bylaws concerning the April 02, 2020, annual meeting, specifically regarding insufficient notice for the venue change (due to COVID-19), denial of the right to speak (via online chat), improper chair delegation, and failure to stagger Board elections.

Orders: Petitioner’s petition is denied.

Filing fee: $2,000.00, Fee refunded: No

Disposition: petitioner_loss

Cited:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. ADMIN. CODE R4-9-117
  • Tierra Ranchos Homeowners Ass'n v. Kitchukov

Analytics Highlights

Topics: COVID-19, Virtual Meeting, Notice, Right to Speak, Elections, Bylaws, Quorum, User Error
Additional Citations:

  • ARIZ. REV. STAT. § 33-1804(A)
  • ARIZ. REV. STAT. § 33-1804(B)
  • ARIZ. REV. STAT. § 33-1804(F)
  • ARIZ. REV. STAT. § 32-2199.05
  • ARIZ. REV. STAT. § 32-2199.02
  • ARIZ. ADMIN. CODE R4-9-117

Video Overview

Audio Overview

Decision Documents

20F-H2020061-REL Decision – 819907.pdf

Uploaded 2025-10-09T03:35:29 (149.3 KB)





Briefing Doc – 20F-H2020061-REL


Briefing Document: Paparazzo v. Coronado Ranch Community Association (Case No. 20F-H2020061-REL)

Executive Summary

This document synthesizes the findings from the Administrative Law Judge Decision in the matter of Samuel T. Paparazzo versus the Coronado Ranch Community Association. The central conclusion of the proceeding is the denial of the Petitioner’s claims. The Administrative Law Judge (ALJ) determined that the Petitioner failed to prove by a preponderance of the evidence that the Association violated Arizona state statutes or its own governing bylaws in the conduct of its April 2, 2020, annual meeting.

The critical takeaways from the decision are as follows:

• Meeting Format and Notice: The Association’s decision to move its annual meeting to a virtual platform (ClickMeeting) was deemed a lawful and appropriate response to the COVID-19 pandemic and the Arizona Governor’s related executive orders. The notification methods, which included physical signs and multiple emails, were found to be sufficient.

• Right to Speak: The Petitioner’s claim that he was denied the right to speak because he was “blocked” from the online chat feature was dismissed. The ALJ concluded the issue stemmed from “user error”—the Petitioner typed messages but failed to transmit them by pressing ‘enter’ or ‘send’. The fact that 26 other members successfully used the chat feature demonstrated its functionality.

• Meeting Conduct: The Association’s president properly called the meeting to order before delegating chairing responsibilities to the Association’s Managing Agent, an action the Petitioner conceded was within the president’s authority.

• Board Elections: The election of all five Board of Director positions simultaneously, rather than in staggered terms, was justified by unique circumstances. The Association’s 2019 annual meeting failed to achieve a quorum, preventing an election and resulting in a “carryover of open seats,” which necessitated filling all positions in the 2020 election.

Ultimately, the ALJ found that the Association and its Board acted within the scope of their statutory authority and that the challenges raised by the Petitioner were without merit.

I. Case Overview

This briefing analyzes the Administrative Law Judge Decision issued on September 3, 2020, following an evidentiary hearing held on August 18, 2020.

• Case Number: 20F-H2020061-REL

• Presiding Judge: Administrative Law Judge Jenna Clark

• Petitioner: Samuel T. Paparazzo (Homeowner and Association Member)

• Respondent: Coronado Ranch Community Association (HOA)

• Central Issue: The core of the dispute was whether the Coronado Ranch Community Association violated Arizona Revised Statutes and specific sections of its own bylaws during its annual meeting on April 2, 2020.

II. Petitioner’s Allegations

On May 15, 2020, Samuel Paparazzo filed a quadruple-issue petition alleging that the Association committed the following violations:

1. Improper Notice of Meeting: Providing less than 10-days’ notice regarding a “change in venue” for the annual meeting to only a small portion of the membership, in violation of ARIZ. REV. STAT. § 33-1804(B) and Association Bylaw 2.3.

2. Denial of Right to Speak: Preventing the Petitioner from exercising his right to speak by “blocking” or otherwise disabling his use of the online “chat feature” during the virtual meeting, in violation of ARIZ. REV. STAT. § 33-1804(A).

3. Improper Meeting Conduct: Failing to properly call the annual meeting to order, in violation of Association Bylaw 2.7.

4. Improper Board Election: Conducting the Board of Directors election without the “staggered” terms required by the bylaws, in violation of Association Bylaw 3.1.

III. Factual Chronology and Key Evidence

The decision outlines a clear sequence of events, heavily influenced by the onset of the COVID-19 pandemic.

Feb. 20, 2020

The Association issues its initial notice for the annual meeting, scheduled for April 2, 2020, at Coronado Elementary School.

Mar. 12, 2020

The Association mails election ballots to all Members.

Mar. 19, 2020

Arizona Governor Douglas Ducey issues Executive Order 2020-09, limiting certain business operations to slow the spread of COVID-19.

~Mar. 25, 2020

The Association’s President, Bob Hicks, officially moves the meeting to the virtual ClickMeeting platform.

Mar. 25 – Apr. 1

The Association notifies Members of the change via 12 signs at 6 community entrances and three separate email blasts to approximately 750 Members, which had an average open rate of 63.53%.

Mar. 30, 2020

Governor Ducey issues Executive Order 2020-18, the “Stay Home, Stay Healthy, Stay Connected” order.

Apr. 1, 2020

Two signs are placed at the entrance to the original meeting location, Coronado Elementary School, informing of the change.

Apr. 2, 2020

The Annual Meeting is held via ClickMeeting.
• President Hicks calls the meeting to order and then appoints Managing Agent Kevin Bishop to chair the remainder of the meeting.
• A quorum is achieved based on attendees and absentee ballots.
• An election is held for all 5 open Board positions due to a lack of quorum at the 2019 meeting.
• The Petitioner types messages in the chat window but fails to hit “enter” or click “send” to transmit them. He receives no response to an email for help sent during the meeting.
• At least 26 other Members successfully use the chat feature.

IV. Analysis of Key Issues and Legal Conclusions

The Administrative Law Judge systematically addressed and dismissed each of the Petitioner’s four allegations, concluding that the Board acted lawfully and within its authority.

A. Meeting Notice and Venue Change

• Alleged Violation: ARIZ. REV. STAT. § 33-1804(B) and Bylaw 2.3 (Notice of Meetings).

• Finding: The petition was denied on this point. The ALJ concluded that the notice of the Association’s 2020 annual meeting was “timely and properly noticed.” The move to an online platform was not an arbitrary venue change but a necessary and reasonable measure to comply with the Governor’s executive orders related to the COVID-19 pandemic.

• Supporting Evidence:

◦ The Association made a multi-faceted effort to inform Members through physical signs and repeated emails.

◦ The Petitioner received notice of the modification and, crucially, “failed to raise an objection prior to or during the meeting at issue.”

◦ A Member’s attendance at a meeting waives objections to defective notice, as stated in Bylaw 2.3.

B. Right to Speak

• Alleged Violation: ARIZ. REV. STAT. § 33-1804(A) (Open Meetings and Member Participation).

• Finding: The petition was denied on this point. The ALJ determined the Petitioner’s inability to communicate during the meeting was the result of “user error” and not a deliberate act by the Association to silence him.

• Supporting Evidence:

◦ The Petitioner wrote messages but never finalized the action by hitting the “enter” key or clicking the “send” button.

◦ The chat feature was demonstrably functional, as it was “successfully used by no less than 26 other Members during the annual meeting.”

◦ The decision explicitly states, “The Association is not responsible for Petitioner’s lack of ClickMeeting proficiency.”

C. Conduct of Meeting

• Alleged Violation: Bylaw 2.7 (Organization and Conduct of Meeting).

• Finding: The petition was denied on this point. The meeting was lawfully conducted.

• Supporting Evidence:

◦ The Association President, Bob Hicks, called the meeting to order and took roll before appointing Managing Agent Kevin Bishop to chair the rest of the meeting.

◦ The Petitioner “conceded during cross-examination that President Hicks had the authority task Agent Bishop with chairing the annual meeting.”

D. Board of Directors Election

• Alleged Violation: Bylaw 3.1 (Number and Terms of Office).

• Finding: The petition was denied on this point. The election for all five Board seats was deemed “lawful and appropriate given the circumstances.”

• Supporting Evidence:

◦ The bylaw’s provision for staggered terms could not be implemented because the 2019 annual meeting lacked a quorum, which meant no election took place that year.

◦ This lack of a 2019 vote “resulted in a carryover of open seats,” necessitating a vote for all five Board positions in 2020.

◦ The Petitioner “admitted that it had not been possible for the Association to stagger Board electees in the 2020 vote because no quorum had been reached to vote in 2019.”

V. Final Order and Disposition

Based on the findings of fact and conclusions of law, the Administrative Law Judge issued a final order.

• Order: “IT IS ORDERED that Petitioner’s petition be denied.”

• Legal Standard: The Petitioner bore the burden of proving his case by a “preponderance of the evidence.” The ALJ concluded that the record did not establish any violations and that the Petitioner “failed to sustain his burden of proof in this matter.”

• Date of Order: The decision was issued on September 3, 2020.






Study Guide – 20F-H2020061-REL


Study Guide: Paparazzo v. Coronado Ranch Community Association

This guide is designed to review the key facts, legal arguments, and conclusions presented in the Administrative Law Judge Decision for case number 20F-H2020061-REL, Samuel T Paparazzo v. Coronado Ranch Community Association.

Short-Answer Quiz

Answer the following questions in 2-3 sentences, based on the information provided in the case document.

1. Who were the primary parties in this case, and what were their roles?

2. What were the four specific allegations the Petitioner made against the Association regarding its Annual Meeting?

3. How did the Association notify its members of the change from an in-person meeting to a virtual one?

4. What was the legal justification for the Association’s decision to move the Annual Meeting to an online platform?

5. What evidence was presented to counter the Petitioner’s claim that he was “blocked” from using the online chat feature?

6. According to the Association’s bylaws, who has the authority to chair the annual meeting and delegate that responsibility?

7. Why did the 2020 Board of Directors election involve voting for all five open positions instead of being staggered?

8. What is the “preponderance of the evidence” standard, and who bore the burden of proof in this hearing?

9. What two key Arizona Revised Statutes (ARIZ. REV. STAT.) relate to member meeting notices and the right to speak?

10. What was the final order issued by the Administrative Law Judge, and what was the core reasoning behind it?

——————————————————————————–

Answer Key

1. The primary parties were Samuel T. Paparazzo, the Petitioner, who is a property owner and member of the Association, and the Coronado Ranch Community Association, the Respondent, which is the homeowners’ association for the subdivision. The Petitioner brought the complaint, and the Respondent defended its actions.

2. The Petitioner alleged that: (i) inadequate notice of the “change in venue” was given; (ii) he was denied his right to speak by being blocked from the online chat feature; (iii) the meeting was not properly called to order; and (iv) the Board of Directors vote was not properly “staggered.”

3. The Association notified members of the move to the ClickMeeting platform by placing 12 signs at 6 common entrances, sending three separate emails to approximately 750 members, and placing 2 signs at the entrance of the originally scheduled location, Coronado Elementary School.

4. The legal justification was the need to comply with executive orders issued by Arizona Governor Douglas Ducey (2020-09, 2020-12, and 2020-18) to slow the spread of COVID-19. The online platform was adopted to allow homeowners to safely access the meeting while adhering to physical distancing mandates.

5. The evidence showed that the Petitioner wrote messages but never hit the “enter” key or “send” button to transmit them. Furthermore, the record indicates that no less than 26 other members successfully used the chat feature during the meeting.

6. According to Bylaw Section 2.7, the President of the Association, Bob Hicks, has the authority to call the meeting to order and chair it. The Petitioner conceded during cross-examination that President Hicks had the authority to delegate the chairing of the meeting to the Association’s Managing Agent, Kevin Bishop.

7. The election involved all five positions because a quorum had not been achieved at the Association’s 2019 annual meeting. This lack of a quorum prevented a vote from taking place, resulting in a carryover of all open board seats to the 2020 election.

8. A “preponderance of the evidence” is the standard of proof required, meaning the evidence must be more probably true than not. In this proceeding, the Petitioner, Samuel Paparazzo, bore the burden of proving his allegations by this standard.

9. ARIZ. REV. STAT. § 33-1804(B) requires notice to be sent not fewer than 10 nor more than 50 days in advance of a meeting. ARIZ. REV. STAT. § 33-1804(A) ensures that all meetings are open to members and that members are permitted to attend and speak at an appropriate time.

10. The final order was that the Petitioner’s petition be denied. The judge reasoned that the Petitioner failed to sustain his burden of proof, as the evidence showed the Association’s actions were lawful and appropriate responses to the circumstances, and the Petitioner’s inability to participate was due to user error.

——————————————————————————–

Essay Questions

The following questions are designed for deeper analysis of the case. No answers are provided.

1. Analyze the role of the COVID-19 pandemic and the associated executive orders in the events of this case. How did these external factors influence the Association’s actions and the Administrative Law Judge’s final decision?

2. The judge concluded that the Petitioner’s inability to use the chat function was due to “user error.” Discuss the evidence that supports this conclusion and explore the legal line between an association’s responsibility to provide access and a member’s responsibility to utilize the provided tools correctly.

3. Explain the relationship between the Association’s governing documents (CC&Rs and Bylaws) and Arizona state law (ARIZ. REV. STAT.). How did the judge use both to evaluate the legality of the Association’s handling of the annual meeting and election?

4. The Petitioner argued that the online platform constituted a “change in venue” that required more extensive notice. Based on the judge’s decision, evaluate the legal merits of this argument in the context of a virtual meeting necessitated by a public health crisis.

5. Discuss the concept of “quorum” as it applied to both the 2019 and 2020 annual meetings. How did the failure to achieve quorum in one year directly impact the procedures and outcome of the election in the following year?

——————————————————————————–

Glossary of Key Terms

Definition from Context

Administrative Law Judge (ALJ)

An independent judicial officer (Jenna Clark in this case) from the Office of Administrative Hearings who conducts evidentiary hearings and issues decisions on matters referred by state agencies like the Department of Real Estate.

ARIZ. REV. STAT.

Abbreviation for Arizona Revised Statutes, the collection of laws for the state of Arizona. Title 33, Chapter 16, Article 1 specifically regulates planned communities (homeowners’ associations).

Association

The Coronado Ranch Community Association, the homeowners’ association for the residential development in Gilbert, Arizona. It is governed by its CC&Rs and overseen by a Board of Directors.

Bylaws

The governing documents of the Association that detail the structure of day-to-day governance, including voting processes, quorum requirements, meeting provisions, and other operating guidelines.

Covenants, Conditions, and Restrictions. These form an enforceable contract between the Association and each property owner, empowering the Association to control certain aspects of property use within the development.

Declarant Control Period

An initial period in an association’s history where the developer (the “Declarant”) controls the Board of Directors. In this case, this period ended for the Association in 2005.

Department

The Arizona Department of Real Estate, the state agency authorized by statute to receive and decide petitions for hearings from members of homeowners’ associations.

The Office of Administrative Hearings, an independent state agency that was referred this matter to conduct an evidentiary hearing and decide the case.

Petitioner

Samuel T. Paparazzo, the property owner and Association member who filed the petition with the Department, alleging violations by the Association.

Preponderance of the Evidence

The burden of proof required in this hearing. It is defined as proof that convinces the trier of fact that a contention is “more probably true than not,” representing the greater weight of evidence.

Quorum

The minimum number of members required to be present or represented by ballot for a meeting to be valid and for votes to be taken. The failure to achieve quorum at the 2019 meeting resulted in a carryover of open board seats.

Respondent

The Coronado Ranch Community Association, the party against whom the petition was filed. The Respondent denied all allegations and was represented by legal counsel.






Blog Post – 20F-H2020061-REL


He Sued His HOA Over a Virtual Meeting—The Judge’s Ruling Contains 4 Critical Lessons for Every Homeowner

Introduction: The New Battlefield for Neighborhood Disputes

Cast your mind back to the chaotic spring of 2020. The world was locking down, businesses were scrambling to go remote, and the delicate social contracts of our neighborhoods were fraying. For millions living in Homeowners’ Associations, this meant the abrupt cancellation of in-person meetings, replaced by a frantic pivot to unfamiliar virtual platforms. In this pressure cooker of uncertainty and technical glitches, minor grievances quickly escalated into major legal battles.

The case of Paparazzo vs. Coronado Ranch Community Association is a quintessential legal drama of that era. A frustrated homeowner, believing he was silenced and his rights ignored during a virtual meeting, took his HOA to court. The judge’s decision, however, serves as a powerful cautionary tale. It distills four surprising and impactful lessons that every homeowner should understand as community governance becomes increasingly digital.

1. The Takeaway: You Can’t Claim You Were Silenced If You Forgot to Hit ‘Send’

The petitioner, Samuel Paparazzo, leveled a serious charge: that the HOA had denied his right to speak by “blocking” him from using the online chat feature during the annual meeting. In his view, this was an intentional act of suppression.

The digital evidence, however, told a very different story. While Mr. Paparazzo had typed several messages, he had never actually transmitted them by hitting the “enter” key or clicking the “send” button. While he did email for assistance during the meeting without receiving a timely response, the court found the chat feature was fully functional, proven by the fact that at least 26 other members used it successfully. The judge’s ruling was a stark lesson in digital accountability:

Petitioner’s inability to effectively communicate with the Association during the annual meeting was the result of user error. … The Association is not responsible for Petitioner’s lack of ClickMeeting proficiency.

This establishes a critical precedent for our digital age. The analysis here goes beyond simple “user error.” It suggests that a baseline of digital literacy is becoming a prerequisite for effective civic participation. Courts may have little sympathy for claims of disenfranchisement that stem from a failure to master the basic tools of modern communication.

2. The Takeaway: An Emergency Can Justify Last-Minute Changes

Next, the petitioner challenged the HOA on procedural grounds—a classic move in community disputes. He argued that the association failed to provide proper notice for the virtual meeting. The HOA had correctly noticed its in-person meeting for April 2, 2020, back on February 20. But by late March, holding that meeting had become impossible.

The judge’s response to this claim is a masterclass in how legal “reasonableness” can override rigid bylaws during a crisis. The court noted the rapidly evolving timeline of the pandemic: Governor Ducey issued executive orders limiting business operations on March 19, prohibiting the closure of essential services on March 23, and issuing the “Stay Home” order on March 30. Faced with these superseding government mandates, the HOA moved the meeting online on March 25.

Crucially, the HOA’s communication efforts were extensive and documented. They didn’t just send a single email. The board notified its members by:

• Placing 12 signs at 6 common entrances to the community.

• Sending three separate email blasts to approximately 750 members, which had an average open rate of 63.53%.

• Placing 2 additional signs at the entrance to the originally scheduled location, Coronado Elementary School.

The judge concluded that the HOA’s actions were a justifiable response to an unprecedented emergency. This wasn’t a board ignoring its rules; it was a board taking necessary steps to comply with government orders and protect its members, legally justifying the short-notice change in format.

3. The Takeaway: Just Showing Up Can Waive Your Right to Complain

This lesson hinges on a legal concept every homeowner must understand: waiver by attendance. Buried in the association’s bylaws was Section 2.3, which states: “A Member’s attendance at a meeting waives objection to the lack of notice or defective notice of the meeting.”

This is not mere legalese; it’s a common and powerful clause designed to ensure the finality of meetings. It prevents a member from strategically attending a meeting, remaining silent about a potential procedural flaw, and then launching a lawsuit later if they don’t like the outcome. The judge noted that the petitioner attended the virtual meeting but did not object to the notice “prior to or during” the event. By participating without raising a formal objection at the time, he legally accepted the meeting’s procedures and waived his right to challenge them later.

4. The Takeaway: The Past Can Haunt the Present

The petitioner’s final major complaint appeared to be a slam dunk: the election for the Board of Directors was not “staggered” as explicitly required by Bylaws Section 3.1. Instead of a mix of one- and two-year terms to ensure continuity, all five open board positions were elected at once. On its face, this was a clear violation.

But the reason for this anomaly demonstrates the domino effect of governance. The judge found that in the previous year, 2019, the association had failed to achieve a quorum for its annual meeting. Because there was no quorum, no vote could occur, creating a “carryover of open seats.” This failure in 2019 created a governance debt that had to be paid in 2020. The only lawful way to do so was to elect members to all five vacant positions. This shows that an HOA is a continuous legal entity; one year’s procedural failure doesn’t just disappear—it creates unusual but legally necessary circumstances the next.

Conclusion: A Final Thought for the Digital Neighborhood

The case of Paparazzo vs. Coronado Ranch Community Association offers a clear and compelling look at the collision between established community rules, the new realities of digital life, and the chaos of unforeseen global events. It shows that while bylaws and statutes provide a framework, their application can be shaped by emergencies, past events, and even a single user’s technical skills.

As our communities increasingly operate online, who bears the greater responsibility for ensuring effective communication—the organization hosting the meeting, or the individual attending it?


Case Participants

Petitioner Side

  • Samuel Paparazzo (petitioner)
    Also referred to as Samuel T Paparazzo

Respondent Side

  • Mark Stahl (HOA attorney)
    Coronado Ranch Community Association
    Also spelled Mark Sahl in source
  • Timothy Butterfield (HOA attorney)
    Coronado Ranch Community Association
  • Kevin Bishop (community manager)
    Coronado Ranch Community Association
    Appeared as a witness for Respondent; Also referred to as 'Agent Bishop' and chaired part of the annual meeting
  • Bob Hicks (HOA Board President)
    Coronado Ranch Community Association
    Delegated chairing of the annual meeting

Neutral Parties

  • Jenna Clark (ALJ)
    Office of Administrative Hearings
  • Judy Lowe (Commissioner)
    Arizona Department of Real Estate