25F-H020-REL

In case 25F-H020-REL, the John R. Krahn Living Trust and Janet Krahn Living Trust filed a petition against the Tonto Forest Estates Homeowners Association regarding election ballot secrecy [1, 2]. The central issue was whether the Association violated Bylaw 3.9, which mandates that elections to the Board of Directors be conducted by "secret written ballot" [3]. The Petitioner, represented by Mr. Krahn, alleged that the Association compromised voter anonymity by attaching signature verification pages and envelopes directly to the cast ballots for storage after an election [2]. Mr. Krahn argued that this practice was deeply concerning, as it would allow anyone requesting to view the Association's records to easily determine how specific members voted [2, 4]. In response, the Association's representative, Mr. Jolivette, argued that Bylaw 3.9 did not explicitly dictate the rules for ballot storage after an election had concluded [4, 5]. However, Mr. Jolivette also testified that the Board had since updated its storage policies to ensure that voter anonymity would be maintained after future elections [4]. The Administrative Law Judge ultimately ruled in favor of the Petitioner [6]. The tribunal concluded that while the specific bylaw does not expressly mention post-election storage, the requirement for a secret ballot logically dictates that all counted ballots must be stored in a similarly anonymous fashion [5]. As a result, the petition was granted, and the Association was ordered to abide by the Bylaws [6, 7]. The Association was also ordered to reimburse the Petitioner's $500.00 filing fee [7]. Although the Petitioner had earlier received permission to amend the petition to seek a civil penalty, Mr. Krahn clarified at the hearing that he was no longer seeking one, and the judge ultimately ordered that no civil penalty be awarded [1, 4, 7]. Case Details: - Case ID: 25F-H020-REL - Docket: 25F-H020-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