**Case Title:** *Attila Revesz v. Shadow Mountain Villas Condominium Association of Phoenix*
**Case Number:** 15F-H1415008-BFS (and rehearing 15F-H1415008-BFS-rhg)
**Forum:** Arizona Office of Administrative Hearings

### **Summary of Proceedings**

**1. Initial Hearing and Decision (May 2015)**
The Petitioner, Attila Revesz, filed a Single Issue Petition alleging that the Respondent, Shadow Mountain Villas, violated Article 2.1 of its Bylaws by failing to hold a valid annual meeting in 2014.

* **Key Arguments:**
* **Petitioner:** Revesz argued that although a meeting occurred on May 22, 2014, it was invalid because a quorum of Board members was not present. Specifically, he alleged Board member Angelo Peri was not present by telephone, noting the absence of a visible landline or speakerphone in the room.
* **Respondent:** Represented by counsel and the management agent (RealManage), the Respondent argued that a quorum was present. The management agent testified that Mr. Peri attended via cell phone and that a quorum of homeowners was established in person or by proxy.

* **Evidence and Findings:**
* The Administrative Law Judge (ALJ) found the management agent’s testimony credible regarding the presence of a quorum.
* The ALJ noted significant inconsistencies in the Petitioner’s position. Revesz and his witness, Rick Sanchez, were elected to the Board during the disputed May 22, 2014 meeting. Evidence showed they subsequently acted in the capacity of Board members throughout 2014. The ALJ concluded that acting as a director demonstrated Revesz accepted the validity of the election held at the meeting he sought to challenge.
* Conflicting minutes were presented; however, the Respondent’s minutes showing Mr. Peri as present were accepted as credible over the Petitioner’s draft minutes.

* **Outcome:** The ALJ ruled that Revesz failed to meet the burden of proof by a preponderance of the evidence. The petition was dismissed on May 22, 2015. This decision was certified as final on July 1, 2015.

**2. Rehearing Proceedings (October 2015)**
A rehearing was scheduled for October 22, 2015, regarding the same matter.

* **Procedural Default:** The Petitioner failed to appear at the scheduled hearing time. Although Respondent’s counsel indicated the Petitioner had sent them a Motion to Continue, the ALJ confirmed that no such motion was filed with the Office of Administrative Hearings.
* **Procedural Violations:** The Respondent noted that the Petitioner had failed to file or serve a required list of witnesses and exhibits.
* **Final Decision:** Due to the Petitioner's failure to appear, prosecute the matter, or comply with evidentiary filings, the ALJ dismissed the petition. This dismissal was certified as the final administrative decision on December 8, 2015.

### **Final Legal Conclusion**
The Petitioner failed to prove a violation of the Association's Bylaws regarding the 2014 annual meeting quorum. The matter was ultimately dismissed with prejudice following the Petitioner’s failure to prosecute the rehearing. Shadow Mountain Villas Condominium Association was deemed the prevailing party.