Briefing Document: Whittaker v. The Val Vista Lake Community Association

Executive Summary

This document summarizes the administrative legal proceedings and final judgment in the consolidated cases of Jeremy R. Whittaker v. The Val Vista Lake Community Association. The core of the dispute centered on the association’s failure to comply with member records requests, a direct violation of Arizona state law. The Office of Administrative Hearings (OAH) ruled decisively in favor of the Petitioner, Jeremy R. Whittaker, finding that The Val Vista Lake Community Association (Val Vista) wrongfully withheld documents and failed to respond to legitimate requests within the statutory timeframe.

The Administrative Law Judge (ALJ) rejected Val Vista’s defense, which included claims that the relevant statute was outdated and that the association’s internal “Records Policy” justified its non-compliance. The judge’s decision labeled the association’s failure to respond as “simply unacceptable.” Consequently, the OAH ordered Val Vista to comply with the law for all current and future requests, reimburse the Petitioner for $1,000 in filing fees, and pay an additional $1,000 in civil penalties. A subsequent clarification order explicitly extended the compliance mandate to “all pending and future requests,” solidifying the prospective impact of the ruling.

Case Overview

The matter involves two separate petitions filed by a homeowner against a homeowners’ association, which were later consolidated by the OAH for judicial economy.

Entity / Individual

Petitioner

Jeremy R. Whittaker (Appeared on his own behalf)

Respondent

The Val Vista Lake Community Association (Val Vista)

Respondent’s Counsel

Joshua M. Bolen, Esq., CHDB Law LLP

Adjudicating Body

Arizona Office of Administrative Hearings (OAH)

Presiding ALJs

Velva Moses-Thompson (pre-hearing motions), Adam D. Stone (hearing and final decision)

Overseeing Agency

Arizona Department of Real Estate

Consolidated Dockets

25F-H045-REL and 25F-H054-REL

Procedural History and Key Rulings

The case progressed through a series of motions and orders leading to a final evidentiary hearing and decision.

• Case Consolidation (June 10, 2025): Petitioner’s motion to consolidate docket No. 25F-H054-REL with No. 25F-H045-REL was granted. The hearing for the consolidated matter was scheduled for 9:00 a.m. on July 15, 2025.

• Motions Denied (June 10, 2025): In the same order, a motion for summary judgment was denied, and a motion to quash a subpoena for Bryan Patterson was denied as moot, allowing the Petitioner to file a new subpoena for the revised hearing date.

• Virtual Appearance (June 10, 2025): The Respondent’s motion for a virtual appearance at the hearing via Google Meet was granted.

• Subpoena Rulings:

◦ Bryan Patterson (June 17 & July 1, 2025): The OAH granted a subpoena requiring the appearance of Bryan Patterson but denied the request for the production of documents listed as 2a through 2d. A subsequent motion to quash a new subpoena (dated June 25, 2025) was partially granted; Patterson was still required to appear but not to produce the specified documents.

◦ Tamara Swanson (July 1, 2025): A June 5, 2025 subpoena was partially quashed. Tamara Swanson was ordered to appear at the hearing but was not required to produce documents listed as 2a through 2d.

• Disqualification of Counsel Denied (July 1, 2025): Petitioner filed a motion to disqualify CHDB Law, LLP as counsel for the Respondent, which the OAH denied.

• Evidentiary Hearing (July 15, 2025): The consolidated hearing was held before ALJ Adam D. Stone. The record was held open until July 24, 2025, to allow both parties to submit written closing arguments.

• Final Decision (August 8, 2025): ALJ Adam D. Stone issued a final decision in favor of the Petitioner.

• Order Clarification (August 26, 2025): Upon the Petitioner’s Motion for Clarification, the ALJ modified the decision’s language to ensure future compliance from the Respondent.

Analysis of Records Requests and Disputes

The dispute originated from three separate, comprehensive records requests made by the Petitioner to which the Respondent, Val Vista, failed to provide documents or a substantive response.

Case 25F-H045-REL: Records Policy and Legal Fees

This case encompassed two records requests made on February 27, 2025. The official dispute was summarized in the Notice of Hearing:

“Petitioner alleges Respondent of violating, ‘A.R.S. § 33-1805 by failing to provide the requested records with the ten-business-day statutory deadline, conditioning production on a legally unenforceable ‘Records Request Form’, and withholding critical attorney fee information-particularly troubling given its counsel’s documented disciplinary history for inflated or misleading HOA fee practices.'”

Requested Documents (February 27, 2025):

1. Records Retention and Request Policy: The final, fully executed version of the policy adopted around February 25, 2025, including all exhibits and attachments.

2. Meeting Minutes: Draft or final minutes from the February 25, 2025, Board meeting discussing the adoption of the policy.

3. Legal Services Records:

◦ Current and past legal services agreements and retainers.

◦ Attorney rate schedules and fee structures.

◦ Invoices, billing statements, and payment records (with legally permitted redactions).

◦ Board meeting minutes discussing attorney engagement or retention.

◦ RFPs or other bid solicitations related to retaining legal counsel.

◦ Conflict-of-interest disclosures or waivers concerning the law firm.

◦ Any other records detailing the contractual or advisory relationship.

Case 25F-H054-REL: Financial Records

This case stemmed from a request made on March 21, 2025. The Notice of Hearing defined the dispute:

“Petitioner alleges Respondent of violating, A.R.S. § 33-1805(A), ‘by failing to provide the requested bank statements and FSR-related communications, and is operating in ongoing breach or its statutory obligations.’”

Requested Documents (March 21, 2025):

1. Operating Bank Statements: Complete monthly statements for all operating/checking accounts from January 1, 2024, to the present.

2. Reserve Account Statements: All monthly or quarterly statements for reserve accounts from January 1, 2024, to the present.

For both cases, the final decision confirmed that “No documents have been turned over by Val Vista.”

Final Administrative Law Judge Decision

The ALJ’s final decision on August 8, 2025, provided a clear resolution to the disputes, finding definitively against Val Vista.

Summary of Arguments

• Petitioner’s Position: Argued that Val Vista failed to produce the requested records within the statutory timeline and had no authority to compel the use of a specific records request form or to ignore a request not submitted on that form.

• Respondent’s Position: Argued that A.R.S. § 33-1805 was “outdated and misunderstood” and that it only had ten days to provide copies after an examination of records occurred. Val Vista claimed it created its Records Policy to streamline previously broad requests from members and that some requested documents were privileged.

Conclusions of Law

The ALJ found that the Petitioner met the burden of proving by a preponderance of the evidence that Val Vista violated A.R.S. § 33-1805.

• Wrongful Withholding: The central conclusion was that “Val Vista wrongfully withheld the requested documents.”

• Failure to Respond: The decision stated that Val Vista’s lack of any response was unacceptable. Even if documents were privileged, they “could have properly been withheld and/or redacted.”

• Invalid Justification: The fact that the second request was not made on Val Vista’s preferred form “does not excuse Val Vista from at a minimum responding.” The Petitioner’s written request complied with the statute.

• Unacceptable Conduct: The ALJ concluded, “No response by Val Vista was simply unacceptable, and in violation of the statute.”

Final Order and Penalties

The OAH granted both of the Petitioner’s petitions and imposed the following orders and penalties:

Case Docket

Filing Fee Reimbursement

Civil Penalty

25F-H045-REL

Granted; Respondent must follow A.R.S. § 33-1805(A).

$500.00

$500.00

25F-H054-REL

Granted; Respondent must follow A.R.S. § 33-1805(A).

$500.00

$500.00

$1,000.00

$1,000.00

The total financial judgment against The Val Vista Lake Community Association was $2,000.00.

Post-Decision Clarification

On August 26, 2025, in response to a Motion for Clarification from the Petitioner, ALJ Adam D. Stone issued a modifying order. The order strengthened the original decision by stating:

“IT IS ORDERED that the Administrative Law Judge Decision shall be modified to read, ‘Respondent shall follow the A.R.S. § 33-1805(A) for all pending and future requests.'”

This clarification ensures that the ruling is not limited to the specific past violations but establishes a clear, forward-looking mandate for the association’s compliance with state law regarding member access to records.