| From | Josh Bolen (Carpenter Hazlewood Delgado & Bolen) |
|---|---|
| To | Robert Scott |
| Date | November 7, 2025 |
From: Josh Bolen [email redacted]
Subject: RE: Notice of Intent to File Bar Complaint – Unauthorized and Misleading Communication by Carpenter Hazlewood Delgado
& Bolen, PLC
Date: November 7, 2025 at 1:55 PM
To: [email redacted], Tom Gordon [email redacted]
Cc: Elaine Anghel [email redacted], Michelle Dennis [email redacted], Matt Murphy
[email redacted], Amanda Shaw [email redacted], Ercell Sherman [email redacted]
, Theresa Laubenthal [email redacted]
Dear Mr. Scott,
As the Managing Partner of CHDB Law, I reviewed your recent emails
regarding my July 2023 response to you on behalf of the Association. After
my review, on behalf of CHDB Law and myself, I must disagree with your
positions below. Under Arizona law and the Arizona Rules of Ethics, there
are no violations here, and we properly addressed your records request.
CHDB Law has been retained as the Association’s General Counsel since
2018 and has acted accordingly under Arizona law. Under the Arizona Rules
of Ethics, please understand that I cannot disclose my client’s, the corporate
entity that is the Association, privileged records or communications.
Therefore, we must consider this matter resolved.
That said, if you believe you have a complaint about my conduct, I must let
you know that you can file a complaint with the State Bar of Arizona at any
time. My firm and I will not compromise our ethical integrity to avoid the
threat of a bar complaint. We welcome addressing it with the Bar, if
necessary.
I hope that you have a nice weekend.
Sincerely,
Josh Bolen, Esq.
Direct:[phone redacted]
[email redacted]
Licensed in AZ, CO, NM, TX
CHDB Law LLP
www.chdblaw.com
[phone redacted]
Phoenix | Prescott | Tucson
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From: [email redacted] <[email redacted]>
Sent: Sunday, November 2, 2025 4:20 PM
To: Tom Gordon <[email redacted]>; Josh Bolen
<[email redacted]>
Cc: Elaine Anghel <[email redacted]>; Michelle Dennis
<[email redacted]>; Matt Murphy <[email redacted]>;
Amanda Shaw <[email redacted]>; Ercell Sherman
<[email redacted]>
Subject: Notice of Intent to File Bar Complaint – Unauthorized and Misleading
Communication by Carpenter Hazlewood Delgado & Bolen, PLC
Dear Mr. Gordon and Mr. Bolen,
This message serves as formal Notice of Intent to File a Bar Complaint with
the State Bar of Arizona regarding the conduct of Carpenter, Hazlewood,
Delgado & Bolen, PLC (“CHDB”) in connection with their email dated [insert date
of CHDB email], sent by attorney Josh Bolen on behalf of the McClellan
Meadows Community Association (“Association”).
1.
Unauthorized Representation
No executive session or board vote was held to authorize CHDB’s engagement
or the issuance of a legal opinion on behalf of the Association.
The communication in question was issued “on behalf of the Board,” not AAM or
its President acting in an individual capacity.
Under both the Association’s Bylaws and A.R.S. § 33-1804(A)(1), any legal
action or expenditure on counsel requires prior authorization by the full board
during a properly noticed meeting.
Absent that vote, CHDB’s actions constitute unauthorized representation, and its
fees were incurred in violation of both A.R.S. § 33-1812 (open meeting law) and the
fees were incurred in violation of both A.R.S. § 33-1812 (open meeting law) and the
Association’s governing documents.
2.
False and Misleading Statements of Law
In the cited correspondence, CHDB claimed that “Board emails are not financial or
other records of the Association”and are “not required to be kept per statute or in
the ordinary course of business.”
That statement misrepresents Arizona law.
Consistent with A.R.S. § 33-1805(A), all “financial and other records of the
association” must be made reasonably available to members.
Arizona appellate courts—including McNally v. Sun Lakes HOA #1 (240 Ariz.
534), Sundance Residential HOA v. Glawe (1 CA-CV 17-0042), Huffman v. Magic
Ranch Estates HOA (2 CA-CV 2018-0181), and Hilton Casitas HOA v. Whitmer (1
CA-CV 23-0670)—have relied on HOA emails as factual evidence of business
activity, notice, and board decision-making.
Moreover, the Goldman v. Sahl, 248 Ariz. 512 (App. 2020) decision—where CHDB
itself was counsel of record—affirmed that email and letter communications
constitute evidence of core business conduct in HOA operations.
Accordingly, CHDB’s assertion that such communications are categorically
excluded from disclosure under §33-1805 is contrary to established law and
appears designed to obstruct a lawful records request.
3.
Conflict of Interest and Misrepresentation
By issuing that opinion without board authorization, CHDB appears to have acted
primarily to protect AAM, LLC (the management company) from accountability
rather than the HOA membership.
Such conduct raises potential violations of:
Such conduct raises potential violations of:
ER 1.2 & 1.13: Acting outside the scope of client authorization;
ER 3.3 & 4.1: False statement of law or omission of material fact;
ER 8.4(c): Conduct involving dishonesty, deceit, or misrepresentation.
The Board President does not constitute the Board, and unilateral action on
counsel engagement exceeds the authority of that office under the governing
documents.
4.
Requested Action
To avoid a formal complaint filing, I respectfully request that CHDB and AAM
provide within ten (10) business days:
1. Written evidence of a board meeting or vote authorizing CHDB’s engagement
for this matter;
2. Identification of which board member or officer directed CHDB to issue its
opinion; and
3. Confirmation that CHDB will retract or clarify its misstatement of law regarding
HOA emails as association business records.
If no response is received, I will proceed with filing a formal bar complaint and
include the relevant correspondence, governing documents, and case citations for
the Bar’s review.
Thank you for your prompt attention to this matter.
I look forward to your clarification before this is referred to the State Bar of Arizona.
Sincerely,
Robert L. Scott
[phone redacted]
[email redacted]