ORDER

24F-H047-REL · Department of Real Estate - H/C · 2024-08-28

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

AZNH Revocable Trust

Petitioner,

Sunland Springs Village Homeowners Association,

Respondent.

No. 24F-H047-REL

ORDER REGARDING HEARING

On August 16, 2024, Petitioner requested clarification whether a joint stipulation of facts could be submitted prior to the scheduled administrative hearing.

The Tribunal’s August 13, 2024 ORDER denied the requests for an Order to require the parties to submit summaries of possible witness testimony but did not address a pre-hearing submission of documents.

As stated in the Petition, the alleged violation and the single issue for administrative hearing is as follows:

On February 28, 2024, AZNH Revocable Trust submitted a written request, pursuant to A.R.S. 33-1812, A, 7, to inspect all ballots, envelopes, related materials and sign-in sheets related to an HOA election concluding on February 27, 2024, and the HOA has repeatedly failed or refused to produce all such materials (about 1500 ballots have not been produced).

With the filing of a Petition that proceeds to administrative hearing, in addition to possible orders for a respondent to abide by the statute, petitioners are entitled to request the Tribunal issue an order for a respondent to reimburse to the petitioner the filing fee in the event the petitioner prevails. Based on the above,

IT IS ORDERED the parties shall make disclosure to each other and the Tribunal of their proposed exhibits, along with an exhibit list and a proposed witness list no later than September 11, 2024, close of business.

IT IS ORDERED that any stipulated fact statement should also submitted no later than September 11, 2024. If the parties are able to come to a joint stipulation statement prior to the disclosure date, the parties will be better able to prepare their disclosures and be better able to present their cases more efficiently. In the event the parties are able to resolve the matter prior to hearing, Complainant shall so notify the Tribunal.

IT IS ORDERED the administrative hearing remains scheduled for September 18, 2024 at 9:00 a.m. Absent a motion for virtual session, the hearing will convene at the Arizona Office of Administrative Hearings.

ORDERED this day, August 28, 2024.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Susan Nicolson

Commissioner

Arizona Department of Real Estate

[email redacted]

Chad Gallacher

[email redacted]

John F. Sullivan

[email redacted]

By: OAH Staff