18F-H1817008-REL-RHG

Case ID 18F-H1817008-REL involves a dispute between petitioner Thomas Barrs and respondent Desert Ranch Homeowners Association before the Arizona Office of Administrative Hearings [1, 2]. The primary issue was whether the HOA violated Arizona Revised Statutes (A.R.S.) section 33-1805 by denying or unreasonably delaying Barrs's requests to view and obtain copies of the association's records [2, 3]. Under A.R.S. § 33-1805, an HOA is required to make its financial and other records reasonably available for examination within ten business days of a member's request [4]. The proceedings focused on several distinct records requests made by Barrs in the spring and summer of 2017 [3, 5]. The Administrative Law Judge determined that Desert Ranch violated the statute regarding two separate requests for board election documents [6]. First, after Barrs requested documents relating to an April 29, 2017 board election, the HOA allowed him to view most of the files but failed to provide access to one late ballot for several months [7-9]. Second, while responding to a request for March 18, 2017 election documents, the HOA similarly withheld two ballots for several months, well past the ten-day statutory deadline [6, 8-10]. Conversely, the judge found that Barrs did not prove a violation regarding his July 2017 requests for insurance policies, secretary's shorthand notes, and committee records [6, 10]. Evidence presented at the hearing revealed that Barrs had deliberately blocked email communications from the board's designated representative and refused the association's offer to meet in person to resolve the records request [6, 11, 12]. In the final outcome, the Administrative Law Judge officially concluded that Desert Ranch violated A.R.S. § 33-1805 and declared Thomas Barrs the prevailing party [6, 13]. The judge ordered Desert Ranch to fully comply with the records statute within ten days and directed the HOA to reimburse Barrs for his $500 filing fee within thirty days [13]. The judge determined that no additional civil penalty against the HOA was appropriate in this matter [14]. Case Details: - Case ID: 18F-H1817008-REL-RHG - Docket: 18F-H1817008-REL - Judge: Velva Moses-Thompson For more AZ HOA transparency resources visit https://azhoawatch.org Legal & Accuracy Notice - azhoawatch.org 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://azhoawatch.org/legal