Case Summary
| Case ID | 24F-H045-REL |
|---|---|
| Agency | ADRE |
| Tribunal | OAH |
| Decision Date | 2024-06-26 |
| Administrative Law Judge | Sondra J. Vanella |
| Outcome | loss |
| Filing Fees Refunded | $500.00 |
| Civil Penalties | $0.00 |
Parties & Counsel
| Petitioner | Kenneth M. Halal | Counsel | — |
|---|---|---|---|
| Respondent | Eagle Crest Ranch Homeowners Association | Counsel | Alexandra M. Kurtyka |
Alleged Violations
A.R.S. §§ 33-1803, 33-1804; Bylaws Article 2.3, 5.2
Outcome Summary
The Petitioner's request was dismissed. The Administrative Law Judge determined that Petitioner failed to meet the burden of proof, as the restriction of access to the Townsquare forum was a unilateral decision made by Townsquare, a separate legal entity. The cited statutes and Bylaws regarding due process for violations of Project Documents were found inapplicable because Townsquare and its Terms of Use are not governed by the HOA’s Project Documents.
Why this result: Petitioner failed to meet the burden of proof, and the cited statutes and bylaw provisions were found inapplicable since the Townsquare platform is not owned or managed by the HOA, and the restriction was imposed solely by Townsquare based on its Terms of Use, which are not HOA Project Documents.
Key Issues & Findings
Due process violation regarding removal from HOA website forum (Townsquare Forum)
Petitioner alleged violation of A.R.S. §§ 33-1803 and 33-1804, and Bylaws 2.3 and 5.2, arguing the HOA failed to provide due process when restricting his access to the Townsquare online forum. The ALJ found the cited provisions inapplicable as the restriction was imposed solely by Townsquare, a third-party entity whose Terms of Use are not Project Documents.
Orders: Petition dismissed because Petitioner failed to prove by a preponderance of the evidence that Respondent violated the cited statutes or Bylaws.
Filing fee: $500.00, Fee refunded: No
Disposition: petitioner_loss
- A.R.S. § 33-1803
- A.R.S. § 33-1804
- Bylaws Article 2.3
- Bylaws Section 5.2
Analytics Highlights
- A.R.S. § 33-1803
- A.R.S. § 33-1804
- A.R.S. § 32-2199
- Bylaws Article 2.3
- Bylaws Section 5.2
- CC&Rs Article 1 Section 1.36
- Townsquare Terms of Use