24F-H047-REL

The case, canonical ID 24F-H047-REL, originated from a records dispute between AZNH Revocable Trust (Petitioner) and Sunland Springs Village Homeowners Association (Respondent) [1]. The Trust alleged that the HOA violated Arizona law by failing to produce actual images of electronic ballots from a February 2024 election [2, 3]. Instead, the HOA had provided electronic data tally lists generated by its voting vendor, Vote HOA Now [4, 5]. In November 2024, Administrative Law Judge (ALJ) Kay A. Abramsohn initially denied the Trust's petition, concluding that the data lists sufficiently satisfied the statutory requirements for storing electronic votes [6-8]. The Trust appealed this administrative decision to the Maricopa County Superior Court, which remanded the case back to the Office of Administrative Hearings (OAH) for an evidentiary rehearing to consider additional evidence [9-12]. The rehearing before ALJ Abramsohn was scheduled for the morning of September 26, 2025 [13, 14]. At exactly midnight on September 26, a revised state statute (A.R.S. § 41-1092.07(A)) went into effect, explicitly granting parties the right to one peremptory change of an administrative law judge [15-17]. Thirteen minutes later, at 12:13 a.m., the Trust exercised this newly enacted statutory right to remove and replace ALJ Abramsohn [18, 19]. The main issue in the case transitioned to a procedural conflict during the hearing later that morning. ALJ Abramsohn treated the Trust's peremptory challenge as an ordinary motion, ruling it fatally untimely under the agency's 15-day deadline for standard motions [20-22]. The Trust's counsel argued that a peremptory change was an absolute statutory right, not a motion subject to the assigned judge's discretion, and consequently departed the hearing room [23-25]. As a result of the Trust leaving, ALJ Abramsohn granted a motion by the HOA to dismiss the case entirely due to the Trust's failure to proceed [22, 26, 27]. Following the dismissal, the Trust filed an Original Special Action complaint in Maricopa County Superior Court against ALJ Abramsohn and the OAH [28, 29]. The final outcome was decided on March 25, 2026, when Judge Scott A. Blaney ruled decisively in favor of the Trust [30, 31]. The court found that the Trust had validly and timely invoked its peremptory right, noting it was impossible to invoke the right any earlier than the moment the statute legally took effect [31, 32]. Judge Blaney determined that the ALJ acted in excess of her legal authority by proceeding after the challenge [32]. Consequently, the court vacated all administrative orders and dismissals issued on or after September 26, 2025, and ordered the OAH to reassign the Trust's case to a different administrative law judge [33, 34]. Case Details: - Case ID: 24F-H047-REL - Docket: 24F-H047-REL 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