Case Summary
| Case ID | 23F-H018-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2023-02-07 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Shawna Townsend | Counsel | — |
|---|---|---|---|
| Respondent | North Canyon Ranch Owners Association | Counsel | Haidyn DiLorenzo |
Alleged Violations
CC&Rs Section 4.3 Storage, Section 4.17 Motor Vehicles, Community Guidelines 2007
Outcome Summary
The Administrative Law Judge dismissed the petition, finding that Petitioner failed to establish by a preponderance of the evidence that the North Canyon Ranch Owners Association violated its governing documents regarding the storage of a truck camper.
Why this result: Petitioner failed to meet the burden of proof. The ALJ concluded that the Petitioner's 'truck camper' falls within the scope of prohibited items, specifically as 'other similar equipment' under the CC&Rs and rules, making her argument one of semantics.
Key Issues & Findings
Whether the HOA violated its governing documents by issuing a fine for parking a mounted truck camper, based on the Petitioner's claimed 'legal loophole'.
Petitioner claimed a 'legal loophole' existed because the governing documents prohibited 'unmounted pickup camper units' or 'detached campers,' but not her currently mounted/attached truck camper. The ALJ found the truck camper was unequivocally prohibited as 'other similar equipment' under the CC&Rs and Rules, dismissing the petition.
Orders: Petition dismissed. No action is required of Respondent in this matter.
Filing fee: $500.00, Fee refunded: No
Disposition: respondent_win
- CC&Rs § 4.3
- CC&Rs § 4.17
- Community Guidelines 2007
- A.R.S. § 32-2199.01
- A.R.S. § 33-2102(18)(e)
Analytics Highlights
- CC&Rs § 4.3
- CC&Rs § 4.17
- Community Guidelines 2007
- A.R.S. § 32-2199.01
- A.R.S. § 33-2102(18)(e)