Case Summary
| Case ID | 23F-H002-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2022-11-17 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | full |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $500.00 |
Parties & Counsel
| Petitioner | Eileen Ahearn | Counsel | — |
|---|---|---|---|
| Respondent | High Lonesome Ranch Estates Property Owners Association | Counsel | Jason Smith, Esq. |
Alleged Violations
HLR CCR 6.2.1 and HLR Association Rules: Nominating and Election Committee Mission and Procedures (approved 19 July 2021)
Outcome Summary
The Administrative Law Judge upheld the Petition, finding the Respondent HOA violated its Nominating and Elections Committee Mission and Procedures by refusing to count otherwise valid couriered ballots and subsequent in-person attempts to vote at the July 5, 2022 Special Election. Petitioners were deemed the prevailing party and awarded the $500 filing fee refund, and the HOA was assessed a $500 civil penalty.
Key Issues & Findings
Denial of the right to vote in Removal/Recall Special Election
Petitioners alleged they were denied the right to vote in the July 5, 2022 Removal/Recall Special Election after their initial ballots (couriered prior to the meeting) were rejected for lacking a postmark, and their subsequent attempts to cast new ballots in person were rejected for reasons including 'double voting' or being 'too late.' The ALJ found the HOA violated its established election procedures.
Orders: The Petition was upheld, and Petitioners were deemed the prevailing party. Respondent was ordered to pay Petitioners their $500.00 filing fee and pay a civil penalty of $500.00 to the Department.
Filing fee: $500.00, Fee refunded: Yes, Civil penalty: $500.00
Disposition: petitioner_win
- HLR CCR 6.2.1
- Nominating and Elections Committee Mission and Procedures
Analytics Highlights
- A.R.S. § 32-2199
- A.R.S. § 41-1092.07(G)(2)
- A.A.C. R2-19-119(A)
- A.A.C. R2-19-119(B)(1)
- A.A.C. R2-19-119(B)(2)
- A.R.S. § 32-2199.02(B)
- A.R.S. § 32-2199.04
- A.R.S. § 41-1092.09
- HLR CCR 6.2.1
- Nominating and Elections Committee Mission and Procedures