Donna M Bischoff, Petitioner, vs. Country Hills West Condominium Association, Inc., Respondent. - 20

Описание: This summary details the Administrative Law Judge Decision in the case of Donna M Bischoff vs. Country Hills West Condominium Association, Inc. (No. 20F-H2019033-REL). The Petitioner, Donna M. Bischoff, alleged that the Respondent, Country Hills West Condominium Association, Inc., violated specific Arizona Revised Statutes (A.R.S.) and the Association's Bylaws.

Key Facts and Proceedings

The hearing was held on March 10, 2020, before Administrative Law Judge Antara Nath Rivera. The Petitioner appeared on her own behalf, and Doug Meyer, President and Director, appeared for the Respondent.

The main issues presented were:
Whether the Respondent violated A.R.S. § 33-1248(B) by failing to hold a required annual meeting.
Whether the Respondent violated A.R.S. § 33-1250(C) by failing to provide required election documents for inspection.
Whether the Respondent violated Article 3, Section 2 of the Bylaws by invalidating write-in ballots.

The Petitioner testified that the required yearly meeting for 2019 was initially scheduled for November 20, 2019, but was rescheduled multiple times, ultimately to January 24, 2020, meaning the association did not hold a required yearly meeting in 2019. The cancellations were due, in part, to the presence of write-in ballots.

The Respondent, through Mr. Meyer, acknowledged rescheduling the November 20, 2019, meeting to January 24, 2020, because write-in candidates were prohibited, although the Bylaws were silent on the issue. Petitioner argued that the board could not choose how to interpret a silent document and that the election should have taken place with the write-in ballots.

Regarding election records, Petitioner requested results from the October 2018 election but was not immediately given the documents. A few weeks prior to the hearing, the Respondent provided the vote tallies and a list of unit members who voted, but did not provide the required ballots, envelopes, related materials, and sign-in sheets.

Legal Conclusions and Outcome

The Administrative Law Judge determined that the Petitioner established, by a preponderance of the evidence, that the Respondent committed the alleged violations.
Violation of A.R.S. § 33-1248(B): The Respondent violated this statute because the evidence showed the required yearly 2019 meeting was postponed until January 2020.
Violation of A.R.S. § 33-1250(C): The Respondent violated this statute by failing to provide the Petitioner with all required materials for inspection, including ballots, envelopes, and related materials, which must be retained for at least one year.
Violation of Bylaws Article 3, Section 2: The Respondent violated the Bylaws because there was undisputed testimony that the documents were silent regarding write-in ballots. Absent clear language in the A.R.S. or the Bylaws prohibiting write-in ballots, the Respondent failed to show how the ballots were invalid.

The Order upheld the Petition on all issues, deeming Petitioner Donna M. Bischoff the prevailing party.

The court issued the following commands:
The Respondent is ordered to supply Petitioner with the relevant documents (pursuant to A.R.S. § 33-1250(C)) within ten days of the Order.
The Respondent is ordered to pay Petitioner the filing fee of $1,500.00 within thirty days.
No Civil Penalty was found to be appropriate in this matter.

Case Details:
Case ID: 20F-H2019033-REL
Docket: 20F-H2019033-REL

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