Case Summary
| Case ID | 24F-H018-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-02-09 |
| Administrative Law Judge | Adam D. Stone |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | MARGARET LEWIS | Counsel | — |
|---|---|---|---|
| Respondent | FLORENCE GARDENS MOBILE HOME ASSOCIATION | Counsel | Marcus Martinez, Esq. |
Alleged Violations
ARIZ. REV. STAT. § 33-1808(L)
Outcome Summary
The Administrative Law Judge denied the Petitioner’s petition, finding that the Petitioner failed to prove the Association violated ARIZ. REV. STAT. § 33-1808(L) because the newsletter did not constitute an assembly using common areas as required by the statute.
Why this result: Petitioner failed to meet the burden of proof, specifically because the tribunal found the newsletter did not constitute “peacefully assemble and use common areas” as required by ARIZ. REV. STAT. § 33-1808(L).
Key Issues & Findings
Alleged violation of ARS § 33-1808(L) regarding the right to peacefully assemble and use common areas due to the issuance of a cease and desist letter concerning a newsletter.
Petitioner alleged the HOA violated ARS § 33-1808(L) by sending a cease and desist letter regarding statements in her community newsletter. Petitioner argued the newsletter constituted a 'meeting' or 'assembly' protected by the statute, while Respondent argued the statute requires physical assembly and use of common areas. The tribunal ultimately found that the newsletter did not satisfy the statutory requirement for assembly in common areas.
Orders: Petitioner’s petition was denied. Respondent shall not reimburse Petitioner’s filing fee.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- ARIZ. REV. STAT. § 33-1808(L)
- ARIZ. REV. STAT. § 32-2199.02(A)
- ARIZ. REV. STAT. § 32-2199.05
- McCoy versus Johnson 1 CAD 2167
Analytics Highlights
- ARIZ. REV. STAT. § 33-1808(L)
- ARIZ. REV. STAT. § 32-2199.02(A)
- McCoy versus Johnson 1 CAD 2167