Records Request — Decisions Made by the Board President Without Full Board Authorization (Deadline: September 8, 2026)

August 24, 2026 · Outgoing
FromRobert L. Scott (Owner, Lot 90 — Authorized Representative for Wendy Scott)
ToMcClellan Meadows Board of Directors (Diana Ebertshauser, President) & AAM / Associated Asset Management
DateAugust 24, 2026

Personal identifiers in this message have been redacted. The underlying record is available to journalists on request.

Dear Diana and Members of the Board of Directors, Pursuant to A.R.S. § 33-1805(A), I am formally requesting records of any and all instances, since the August 13, 2026 Board meeting, in which the Board President made a decision on behalf of the Association without the authorization of the full Board — whether under the authority granted by the resolution adopted at that meeting, under any claimed prior practice, or otherwise. RECORDS REQUESTED For the period from August 13, 2026 to the present, I am requesting: 1. A list or log of any decision, action, or communication made by the Board President on the Association's behalf that was not authorized by a vote of the full Board at a duly held meeting, or by unanimous written consent of all Directors, consistent with Bylaws §§ 5.3 and 5.4; 2. For each such instance identified, the date, general subject matter, and whether and how it was subsequently reported to the full Board; and 3. Confirmation of the source or process used to identify the instances described above — that is, how the Association determined which decisions were and were not authorized by the full Board, and what records were reviewed to make that determination. IF NO RECORDS EXIST, PLEASE STATE THAT DIRECTLY If the Association's review finds that no such instances exist since August 13, 2026, or that no responsive records can be located, I am asking that this be stated directly and in writing, rather than left unaddressed. IF THE ABSENCE OF RECORDS MAKES THIS UNKNOWABLE, PLEASE STATE THAT AS WELL Separately, and distinctly from the above, if the Association is unable to determine whether decisions of this kind were made — because no log, minutes, or other record was kept of the President's actions during all or part of this period — I am asking that this be stated explicitly and in writing as well. "We do not know" and "this did not happen" are two different answers, and I am asking the Association not to conflate them. If the honest answer is that the Association cannot determine whether unauthorized decisions were made because adequate records were not kept in the first place, that is itself significant, and I am asking that it be stated as such rather than characterized as a finding that nothing occurred. BASIS FOR THIS REQUEST The basis for this request is the resolution itself. The August 13, 2026 resolution was passed by a vote of the Board alone — with only two of the Board's three members present — and it effectively changed the powers of a single Officer, the Board President, by granting her standing, ongoing authority over all legal matters. I believe this change is inconsistent with the Association's own Bylaws. Bylaws § 7.6 limits the President's authority to executing decisions the Board has already made; it does not grant independent, standing authority over legal matters. Altering the scope of an Officer's powers in this way, on a permanent and ongoing basis, is not something I believe an ordinary Board vote can accomplish; it appears to require an amendment to the Bylaws under Article 11.1, which requires an affirmative vote of the Association's membership, not the Board alone. Because I believe the resolution itself was not validly adopted, I believe it is essential to know how, and how often, the authority it purports to grant is actually being used, and whether any record is being kept of that use at all. This request is intended to establish exactly that. I would also note that this is not the first instance in which a decision of this kind appears to have been made without full Board authorization. Mr. Gordon of AAM confirmed in writing, on October 30, 2025, that the July 2023 engagement of outside counsel was authorized only by "the Board President and Management," not the Board acting as a body, and Ms. Ebertshauser separately confirmed, on July 28, 2026, that no Board motion or action authorizing that engagement could be located anywhere in the Association's records. I raise this only to note that this is a pattern I believe is worth tracking carefully going forward, not a new or isolated concern. HOW THIS INFORMATION WILL BE USED I want to be transparent about my intentions regarding this request and the Association's response to it. This request, and any response or non-response to it, will be: 1. Reported to the Arizona lawmakers who sponsored SB1290 and HB4011, as a real, documented example of how the mechanism these laws were meant to address can still occur; 2. Shared with media outlets covering HOA governance and transparency issues in Arizona; and 3. Published publicly on McClellanMeadows.com, along with the Association's response or lack of response, for the transparency of the full membership of this community. WEEKLY RENEWAL AND RUNNING TALLY Each week going forward, I will send a renewed version of this request covering the previous week specifically. I am tracking, and will continue to track, the number of records requests in this matter that are refused or left unanswered past their statutory deadline. Once SB1290 and HB4011 take effect on September 12, 2026, I intend to take appropriate action, on or after September 13, 2026, based on that running tally and the Association's overall pattern of response, or lack of response, to these requests. I am telling you this now, in advance, so there is no ambiguity about how this request and the Association's handling of it will be documented, tracked, and acted upon going forward. STATUTORY DEADLINE This request is being sent today, Monday, August 24, 2026. Under A.R.S. § 33-1805(A), the Association has ten business days from receipt of this written request to make these records, or the written statements described above, reasonably available. Excluding the Labor Day holiday on Monday, September 7, 2026, that deadline is Tuesday, September 8, 2026. Please ensure this request is forwarded in full to the Board of Directors and the Board Secretary, and provide written confirmation, including the specific date and time, that this was done. I look forward to the Association's written response within the statutory period. Sincerely, Robert L. Scott Authorized Representative for Wendy Scott Owner of Lot 90 — McClellan Meadows Community Association

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