ORDER

25F-H061-REL · Department of Real Estate - H/C · 2025-07-24

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

Rainey, Chad D.,

Petitioner,

The Garden Lakes Community Association,

Respondent.

No. 25F-H061-REL

ORDER GRANTING MOTION TO QUASH SUBPOENA

On July 21, 2025, the Tribunal received Respondent’s Motion to Quash (Motion) the subpoena issued by the Tribunal for Deborah Taylor to attend the upcoming administrative hearing and to produce specified records. Respondent indicates that Ms. Taylor, the Respondent’s Treasurer, would not be in possession of such records. Further, Respondent argues that the issue for hearing does not address the substance of the records but is a legal question, i.e., whether the Association violated Ariz. Rev. Stat. § 33-1805(A) and Article VI, Section 6.13 of the Association’s Bylaws in refusing to provide the requested vendor invoices that were paid by the Association.

On July 22, 2025, the Tribunal received Petitioner’s response to the Motion, indicating that Ms. Taylor’s knowledge of the bookkeeping records and financials are relevant to how the Association determines whether financial records, including vendor invoices, are subject to disclosure. Further, Petitioner argues that Ms. Taylor’s expertise cannot be replaced by testimony from a different witness, who may not “have in-depth knowledge of accounting policies or Board-level financial decision-making.”

Based on the foregoing,

IT IS ORDERED the Motion is GRANTED and the Subpoena is quashed in its entirety. Petitioner is reminded that his single issue Petitioner is limited to whether the Respondent violated Ariz. Rev. Stat. § 33-1805(A) and Article VI, Section 6.13 of the Association’s Bylaws in refusing to provide the vendor invoices Petitioner requested on April 18, 2025.

ORDERED this day, July 24, 2025.

/s/ Kay A. Abramsohn

Administrative Law Judge

Transmitted electronically to:

Susan Nicolson, Commissioner

Arizona Department of Real Estate

[email redacted]

Ashley Turner, Esq.

CHBD Law

[email redacted]

Chad Rainey

[email redacted]

By: OAH Staff