Sandra Swanson & Robert Barnes, vs. Circle G Ranches 4 Homeowners Association - 21F-H2120020-REL-RHG

Описание: This decision by the Administrative Law Judge (ALJ) concerns a rehearing regarding a dispute between Petitioners Sandra Swanson and Robert Barnes and the Circle G Ranches 4 Homeowners Association (Respondent).

Key Facts and Background

The Petitioners, members of the Association, filed a petition alleging the Association violated Arizona Revised Statutes (ARIZ. REV. STAT.) § 33-1805 by failing to comply with their requests to view voting records. Specifically, Petitioners requested records related to an October 2019 vote regarding an increase in dues and a December 2019 vote on a Declaration amendment concerning cumulative voting.

The core dispute arose because the Association, concerned about member privacy and potential harassment, took measures to protect the identity of voters. The Board voted 8:1 to require Petitioners to sign a Non-Disclosure Agreement (NDA) before viewing the ballots, which Petitioners declined to sign. When Petitioners reviewed the cumulative voting documents on February 7, 2020, they were provided with two separate stacks of records: redacted ballots and unredacted envelopes. Petitioners contended they were unable to match the votes with the purported voters, thus arguing the Association had not satisfied their request for unredacted documents.

Main Issue and Legal Points

The central legal issue was whether the Association violated ARIZ. REV. STAT. § 33-1805 by failing to make its records "reasonably available" for examination. The Petitioners bore the burden of proving this violation by a preponderance of the evidence.
Petitioners' Argument: Petitioners argued the statute required unredacted copies and that providing segregated documents (ballots and envelopes separately) or requiring an NDA constituted an unlawful barrier to access. They contended that the method of production did not make the documents "reasonably available" as required by statute, especially since they could not cross-reference votes with voters.
Respondent's Argument: The Association argued it was not in violation because it timely provided the totality of the requested records, and the statute does not dictate the manner in which records must be made available. The segregated delivery (redacted ballots plus unredacted envelopes) was a reasonable methodology devised to protect the expectation of privacy of members regarding their "secret ballot" votes, balancing the disclosure requirements against the risk of retaliation.

Outcome and Final Decision

The ALJ issued a FINAL ORDER denying the Petitioners’ petition.

The ALJ reached the following key legal conclusions:
The Association’s request that Petitioners sign an NDA did not constitute a violation of ARIZ. REV. STAT. § 33-1805.
The Petitioners failed to establish that the documents were not made "reasonably available" within the required 10-day statutory window.
The manner in which Respondent provided the documents (the methodology of segregated redacted ballots and unredacted envelopes) did not violate ARIZ. REV. STAT. § 33-1805. While the methodology "may have not been ideal," it was deemed reasonable under the totality of circumstances and within the requirements of the applicable statutes.

Since the Petitioners did not sustain their burden of proof that the Association committed a violation of ARIZ. REV. STAT. § 33-1805, the petition was denied. This ORDER, resulting from a rehearing, is binding on the parties.

Case Details:
Case ID: 21F-H2120020-REL
Docket: 21F-H2120020-REL-RHG

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