25F-H089-REL

Case Summary: 25F-H089-REL Parties Involved Case ID 25F-H089-REL involves a dispute between petitioner Yin Macatabas and respondent Tapestry on Central Condominium Association, heard before the Arizona Office of Administrative Hearings [1]. Main Issue The central issue in the case was whether the Association violated Arizona Revised Statutes (A.R.S.) § 33-1258 by failing to fulfill a homeowner records request in a timely manner [2, 3]. On July 30, 2025, the petitioner requested several documents related to a $3.5 million special assessment, including CC&Rs, justification packets, financial breakdowns, meeting minutes, and contractor bids for elevator, lobby, hallway, and HVAC projects [4]. The petitioner alleged that the Association failed to provide these documents within the statutorily required ten business days, which expired on August 13, 2025 [3]. Key Facts Evidence presented at the hearings established that the Association did not possess contractor bids for the lobby, hallway, or HVAC projects at the time of the request, as those projects were still in the early design and planning phases without approved bids [5-7]. For the records that did exist—including the CC&Rs, the special assessment justification packet, and an initial elevator bid—the Association testified that the files were available on the community's online owner portal [8, 9]. Furthermore, on August 8, 2025, the Association's former General Manager compiled physical copies of the available documents and hand-delivered them to the petitioner's front door after she failed to pick them up from the on-site office [10]. The petitioner testified that she never received the hand-delivered physical packet and could not locate the elevator bid on the online portal [11-13]. However, the petitioner acknowledged having log-in access to the online portal and being able to view other community documents, such as the CC&Rs [14]. Final Outcome Administrative Law Judge Nicole Robinson issued a final decision denying the petition in its entirety [15]. The judge concluded that the petitioner failed to meet her burden of proof to demonstrate a violation of A.R.S. § 33-1258 [15]. The court found that the Association successfully made the existing requested records reasonably available for examination through the online owner portal and by delivering physical copies to the petitioner's residence [16]. Additionally, the judge ruled that the Association could not be expected or required to produce the lobby, hallway, and HVAC bids because they did not actually exist when the petitioner's request was made [17]. Consequently, the petition was dismissed, and the petitioner's request for reimbursement of her filing fee was denied [15]. Case Details: - Case ID: 25F-H089-REL - Docket: 25F-H089-REL - Judge: Nicole Robinson 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