ORDER

24F-H047-REL · Department of Real Estate - H/C · 2024-08-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

AZNH Revocable Trust

Petitioner,

v.

Sunland Springs Village Homeowners Association,

Respondent.

No. 24F-H047-REL

ORDER DENYING MOTIONS FOR DISCLOSURE OF TESTIMONY

On July 10, 2024, Petitioner filed a Motion for Disclosure of Testimony, regarding possible witness Kathy Flowers (Flowers) at the scheduled September 18, 2024 administrative hearing.

On July 16, 2024, Respondent filed its response setting forth the nature of the possible Flowers testimony as information referenced in a prior filing and, further, requesting a summary of Petitioner’s possible witnesses.

In this matter, at the time of the administrative hearing, Petitioner bears the burden to demonstrate the alleged violation by Respondent. 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).

Based on the foregoing,

IT IS ORDERED denying the Motion. The parties’ presentation of evidence, as they choose to present at the time of the administrative hearing, is the evidence that will be considered in this matter; repetitive testimony will not be permitted and only relevant testimony will be considered.

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. In the event the parties resolve the matter informally, the parties shall file a motion to vacate the hearing.

ORDERED this day, August 13, 2024.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Susan Nicolson

Commissioner

Arizona Department of Real Estate

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

[email redacted]

Chad Gallacher

[email redacted]

[email redacted]

John F. Sullivan

[email redacted]

By: OAH Staff