Thomas A & Jade Bossert, Petitioner, vs. Silverbell West Association, Inc., Respondent. - 21F-H21200 скачать в хорошем качестве

Thomas A & Jade Bossert, Petitioner, vs. Silverbell West Association, Inc., Respondent. - 21F-H21200

This summary details the administrative hearing proceedings in the matter of Thomas A & Jade Bossert vs. Silverbell West Association, Inc. Case Summary: Bossert v. Silverbell West Association, Inc. Key Facts and Parties The Petitioner, Thomas A. and Jade Bossert, are owners of a condominium unit and members of the Silverbell West Association, Inc. (Respondent). The dispute was heard by Administrative Law Judge Adam D. Stone in the Office of Administrative Hearings (OAH). The evidentiary hearing took place on March 18, 2021. Main Issues The Petitioner filed a two-issue petition alleging the Association committed statutory violations: Failure to Disclose Records: Violating ARIZ. REV. STAT. § 33-1258(A) by failing to make financial and other records reasonably available for examination. Failure to Complete Financials: Violating ARIZ. REV. STAT. § 33-1243(J) by failing to complete an annual financial audit, review, or compilation within 180 days after the end of the 2018 and 2019 fiscal years. Hearing Proceedings and Key Arguments Petitioner testified that initial documents received following a June 2020 request were disorganized and incomplete. A subsequent request in July 2020 for specific missing items, including bank statements and cash journals, was never fulfilled. A bookkeeping expert testified that the records presented were disorganized, likely missing documents, and insufficient for making accurate 2018 and 2019 reports. The Board President testified that they believed the initial request was met based on records held by the former Treasurer, Mr. Molley, but admitted the follow-up request was likely ignored. The tribunal found that Mr. Molley was "largely the one to blame" for unacceptable record-keeping, but also criticized the current Board President for failing to take a more active role in obtaining easily available bank statements. Legal Conclusions and Outcome The Administrative Law Judge found that the Petitioner had sustained the burden of proving that the Association committed two specific violations: Violation of ARIZ. REV. STAT. § 33-1258(A) (Records Disclosure): The Respondent violated the statute insofar as they failed to produce bank account statements and check copies. The fact that these records had still not been turned over was deemed "inexcusable". Violation of ARIZ. REV. STAT. § 33-1243(J) (Financial Compilation): The Respondent violated the statute by failing to complete the 2019 financial compilation. Note: The tribunal found Petitioner did not meet the burden of proof regarding the 2018 financial report, as Petitioner (who was Board President at the time) could have taken more aggressive measures to secure the necessary documentation. Final Decision The Administrative Law Judge declined to impose a civil penalty, noting that the Board had subsequently taken steps to ensure better future record keeping. The Petitioner was deemed the prevailing party and the Association (Respondent) was ordered to reimburse the Petitioner's filing fees of $1,000.00 within 30 days. Case Details: Case ID: 21F-H2120011-REL Docket: 21F-H2120011-REL For more AZ HOA transparency resources visit https://yourazhoaattorney.com Legal & Accuracy Notice - yourazhoaattorney.com is operated by Hound LLC, a homeowner-run project, not a law firm. Nothing in this video is legal advice or creates an attorney-client relationship. We analyze public ADRE/OAH records and may express opinions. Not affiliated with ADRE or the OAH. Read the full Legal & Terms: https://yourazhoaattorney.com/legal