Nancy L Babington, Petitioner, vs. Park Scottsdale II Townhouse Corporation, Respondent. - 20F-H2020 скачать в хорошем качестве

Nancy L Babington, Petitioner, vs. Park Scottsdale II Townhouse Corporation, Respondent. - 20F-H2020

This summary addresses the administrative dispute between Nancy L. Babington (Petitioner), a property owner, and Park Scottsdale II Townhouse Corporation (Respondent), a condominium owners association. The central legal issue was whether the Respondent violated A.R.S. § 33-1258, which mandates that associations make financial and other records reasonably available for examination within ten business days of a member's request. Key Facts and Initial Proceedings Petitioner filed a formal request for specific records, including bank statements, financial statements, and contracts, on May 1, 2020. Respondent denied the allegations, arguing that it and its new management company, Associa Arizona, did not possess many of the records due to a dispute with the prior management company (CMC). The initial hearing took place on August 28, 2020. Respondent maintained that it was unable to provide documents not in its possession and was under no statutory obligation to create documents. The Administrative Law Judge (ALJ) found that Petitioner failed to establish by a preponderance of the evidence that Respondent violated A.R.S. § 33-1258(A), and the petition was denied on September 17, 2020. Rehearing and Critical Legal Points After the initial decision, Respondent provided some requested documents. Upon reviewing these, Petitioner realized Respondent had been in possession of certain documents, specifically bank statements and signed contracts, prior to her May 1, 2020, request. Petitioner filed for a rehearing based on newly discovered material evidence, which the Commissioner granted. The rehearing was held on March 4, 2021. Possession of Records: Evidence showed that while Associa's local office lacked the initial financial documents needed to prepare financials, bank statements were being sent to Associa's central office in Richardson, Texas, since August 2019. Respondent's counsel acknowledged during closing arguments that the bank statements located in Texas were likely in the possession of Associa and should have been provided. Evidence also showed two contracts signed in March 2020 were not provided. Statutory Violation: The ALJ concluded that the evidence presented during the rehearing directly contradicted the initial representation that Respondent lacked possession. Petitioner established by a preponderance of the evidence that Respondent violated A.R.S. § 33-1258(A) by failing to provide the requested records within ten days. Authority to Levy Penalty: Respondent argued against levying a civil penalty because Petitioner had not specifically requested it in the original petition. The ALJ rejected this argument, finding that A.R.S. § 32-2199.02 grants the ALJ authority to levy a civil penalty on the basis of each violation, regardless of whether a petitioner requested it. Final Outcome The ALJ determined that a civil penalty was appropriate given the established facts. IT WAS ORDERED that: Respondent must pay Petitioner the $500.00 filing fee within 30 days. Respondent must pay a $2,500.00 civil penalty to the Department of Real Estate within 30 days. Case Details: Case ID: 20F-H2020064-REL Docket: 20F-H2020064-REL-RHG 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