Case Summary
| Case ID | 22F-H2222030-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-08-04 |
| Administrative Law Judge | Thomas Shedden |
| Outcome | no |
| Filing Fees Refunded | $1,000.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Arleen D. Jouxson | Counsel | Ellen B. Davis |
|---|---|---|---|
| Respondent | The Villages at Aviano Condominium Association | Counsel | Diana J. Elston |
Alleged Violations
A.R.S. § 33-1243(B); Bylaws Article 3 §3.1; Declaration Article 6 §6.2
Bylaws Article 3 §3.9
Outcome Summary
The ALJ dismissed the petition. Petitioner withdrew the issue regarding the lack of quorum. Regarding the remaining issue, the ALJ found that the Association did not violate governing documents or statutes by seating board members pursuant to a settlement agreement that certified the results of the 2021 election.
Why this result: Petitioner withdrew one issue and failed to meet the burden of proof on the other, as the ALJ found the settlement agreement valid and the evidence of election irregularities insufficient.
Key Issues & Findings
Board Appointment via Settlement Agreement
Petitioner alleged the Association violated state statutes and governing documents by seating two board members pursuant to a settlement agreement from a prior lawsuit, rather than through a membership election.
Orders: Petition dismissed.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1243(B)
- Bylaws Article 3 §3.1
- Declaration Article 6 §6.2
Quorum at Special Board Meeting
Petitioner alleged it was impermissible for the Board to conduct and transact business at a Special Board Meeting on June 25, 2021, without the required quorum.
Orders: Issue withdrawn by Petitioner.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- Bylaws Article 3 §3.9
Video Overview
Audio Overview
Decision Documents
22F-H2222030-REL Decision – 959436.pdf
22F-H2222030-REL Decision – 964645.pdf
22F-H2222030-REL Decision – 964646.pdf
22F-H2222030-REL Decision – 964678.pdf
22F-H2222030-REL Decision – 973808.pdf
22F-H2222030-REL Decision – 975982.pdf
22F-H2222030-REL Decision – 978159.pdf
22F-H2222030-REL Decision – 989914.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_ElectronicNotice_Petition.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_HearingScheduled.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Motion_Dismiss.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Notice_Appearance_Resp..pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Notice_Hearing.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Notice_Petition.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Payment.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_PetRequest_RespondToRespondent’s Response.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Petition&Narrative.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Response&CompletedForm.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22030_Response_NoForm.pdf
22F-H2222030-REL Decision – HO22-22030_Packet_Hearing3of3/HO22-22033_ Expedited Request for Waiver of Conflict to Represent The Villages at Aviano Condominium Association.pdf
Case Participants
Petitioner Side
- Arleen D. Jouxson (petitioner)
The Villages at Aviano Condominium Association (Member)
Unit owner of Unit 1369 - Ellen B. Davis (petitioner attorney)
Henze Cook Murphy, PLLC - Conrad Kampp (witness)
Listed as witness by Petitioner; present at hearing - Diane Potter (witness)
Listed as witness by Petitioner; present at hearing - Carol Lehan (witness)
Listed as witness by Petitioner; present at hearing - Barbara Kampp (witness)
Listed as witness by Petitioner; present at hearing - Dave Barren (witness)
Listed as witness by Petitioner; appeared remotely - Lisa Le (witness)
Listed as witness by Petitioner - Carrie Y (witness)
Listed as witness by Petitioner; present at hearing
Respondent Side
- The Villages at Aviano Condominium Association (respondent)
Entity - Diana J. Elston (HOA attorney)
Jones, Skelton & Hochuli, P.L.C. - Eloise Figueroa (board member)
The Villages at Aviano Condominium Association
Board President; called as witness by Petitioner; Plaintiff in underlying Superior Court case - Linda Bahr (board member)
The Villages at Aviano Condominium Association
Seated on board via settlement agreement - Tony Basuini (board member)
The Villages at Aviano Condominium Association
Former Board President; signed settlement agreement - Joseph Orr (board member)
The Villages at Aviano Condominium Association
Former board member - Tony Cancilla (board member)
The Villages at Aviano Condominium Association
Former board member - Jonathan A. Dessaules (witness)
Dessaules Law Group
Attorney for Eloise Figueroa in Superior Court case; testified at OAH hearing - Natasha DeCoto (property manager)
PMG Services
Current community manager - Michael Sgro (property manager)
Brown Community Management
Former community manager - Marshall Chess (property manager)
Brown Community Management
Former community manager - Tim Butterfield (HOA attorney)
Carpenter Hazlewood
Represented HOA in settlement negotiations - Curtis Ekmark (HOA attorney)
Ekmark & Ekmark
General Counsel for HOA at time of 2021 election
Neutral Parties
- Thomas Shedden (ALJ)
Office of Administrative Hearings - Pamela Gates (judge)
Maricopa County Superior Court
Presided over CV2021-006916 - Louis Dettorre (Commissioner)
Arizona Department of Real Estate - Dan Gardner (agency staff)
Arizona Department of Real Estate
HOA Coordinator
