Laura R. Braglia, Petitioner, vs. Palo Verde Estates Homeowners Association, Inc., Respondent. - 24F

Описание: The hearing summarized below concerns the administrative law matter of Laura R. Braglia, Petitioner, versus Palo Verde Estates Homeowners Association, Inc., Respondent (No. 24F-H032-REL), held before Administrative Law Judge (ALJ) Jenna Clark of the Office of Administrative Hearings (OAH).

Concise Summary of Legal Case Hearing

Key Facts and Underlying Dispute
The Petitioner, Laura R. Braglia, is a homeowner within the Palo Verde Estates Homeowners Association (HOA). The dispute arose after she discovered severe termite damage to interior beams of a common wall in her unit in October 2023. To determine whether the repairs were the HOA's responsibility under the CC&Rs (covenants and restrictions), Petitioner, advised by an attorney, sought records from the Respondent.

Main Issue and Applicable Statute
The sole issue for the hearing was to determine whether the Respondent violated Arizona Revised Statute (ARIZ. REV. STAT.) § 33-1258 by failing to comply with a formal records request. This statute requires associations to provide records within ten business days of a request.

Hearing Proceedings and Key Arguments
Petitioner’s Case: Petitioner Braglia testified that she submitted a formal written records request to the HOA and its management (Desert Realty Association Management, represented by Jacqueline Zipprich) on November 28, 2023. The request sought termite service records, the HOA termite warranty, and HOA Insurance Policy Information. The statutory deadline for compliance was December 12, 2023. Petitioner filed a complaint with the Arizona Department of Real Estate (DRE) around January 10, 2024, because she had not received the records. Partial records were finally provided on February 13, 2024, nearly two months late. Petitioner requested the remaining documents—the full insurance policy and termite warranty—on February 23, 2024, but received no reply.
Respondent’s Case: Respondent, represented by Community Property Manager Jacqueline Zipprich, conceded providing the documents late. Ms. Zipprich explained that the Association does not have a "termite warranty," but rather a pest control treatment plan, which was explained to Petitioner. She also contended that the request for "HOA Insurance Policy Information" was ambiguous, leading them to provide only the Certificate of Insurance and exclusion pages. Ms. Zipprich cited communication issues and claimed DRE staff advised her against direct communication with the Petitioner after providing the initial response.
Waiver: Both parties declined to provide closing arguments.

Legal Points and Outcome
The Administrative Law Judge determined that the Petitioner sustained her burden of proof by a preponderance of the evidence. The ALJ concluded that the Respondent violated ARIZ. REV. STAT. § 33-1258.

The violation was based on the fact that the Respondent delayed compliance for nearly two months after the deadline (December 12, 2023, to February 13, 2024). The ALJ noted that while the HOA could not provide a termite warranty because one did not exist, and the insurance policy request was vague, these facts did not establish a viable justification or excuse for the HOA's overall inaction during the applicable statutory period.

The petition was granted. The OAH issued an ORDER requiring the Respondent to:
Reimburse Petitioner’s filing fee of $500.00 in certified funds.
Henceforth comply with ARIZ. REV. STAT. § 33-1258.

Crucially, the ALJ did not assess a civil penalty against the Respondent. The recommended decision was issued on April 17, 2024.

Case Details:
Case ID: 24F-H032-REL
Docket: 24F-H032-REL

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