ORDER

24F-H047-REL-RHG · Department of Real Estate - H/C · 2025-08-13

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

AZNH Revocable Trust,

Petitioner,

Sunland Springs Village Homeowners Association,

Respondent.

No. 24F-H047-REL-RMD

ORDER

The Tribunal has received Petitioner’s Motion for Subpoena Duces Tecum.

On April 17, 2025, Maricopa County Superior Court (Court) denied Petitioner’s motion to conduct an evidentiary hearing, dismissed Petitioner’s appeal, and remanded the matter to the Arizona Department of Real Estate to conduct an Evidentiary Hearing “to address the additional evidence proposed by AZNH.”

The specificity of the Court’s Ruling gives rise to this Order. In its Ruling, the Court noted that in Petitioner’s motion to the Court:

AZNH argues that, after the Department’s Decision, AZNH obtained an electronic ballot which Sunland Springs had in its custody but failed to produce.

In its Ruling, the Court indicated that Sunland Springs argued:

[T]the evidence presented by AZNH is inadmissible and belongs to VoteHOANow and is not a part of the records of the Association.”

Based on the foregoing,

IT IS ORDERED that Petitioner shall provide to the Tribunal the Court-referenced “additional evidence proposed by AZNH,” which had been submitted to the Court and provided to Sunland Springs, no later than August 22, 2025.

IT IS ORDERED that Petitioner explain who the requested witness is and the nature of the testimony anticipated by that witness.

Done this day, August 13, 2025.

/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