WHAT RULES? Part 2: How EMHA Enables a Hostile Environment Against Homeowner X

David Pierce's vehicle parked in neighbor's driveway overnight.

According to Homeowner X, the El Mirador Homeowners Association (EMHA) not only exempts its leadership from adhering to Association rules but also selectively enforces these rules among homeowners. Certain individuals, such as David and Judith Pierce, appear to benefit from this selective enforcement. While the Association exercises strict authority over some homeowners, it has dismissed the actions of antagonistic neighbors like the Pierces as "not of concern." This has allowed the Pierces to create a hostile environment lasting over two years, subjecting Homeowner X to conduct so severe and pervasive that it interferes with their ability to use and enjoy their home. To exacerbate matters, the Association actively supports and assists the Pierces in their wrongful behavior.

David and Judith Pierce have, for reasons unclear to Homeowner X, embarked on what they describe as a prolonged campaign of harassment and oppression.

Possible Motives Behind Judith and David Pierce's Harassment

Evidence suggests the Pierces may be motivated by a desire for their in-laws to occupy the home purchased by Homeowner X.
The Pierces may harbor resentment after being asked to stop parking in Homeowner X's driveway and to remove dirt they had placed in Homeowner X's yard. The Pierces expanded their driveway and deposited the removed dirt onto Homeowner X's property. These actions, seemingly performed in bad faith, could have led to anger when their behavior was challenged.
Judith Pierce may be driven by anger stemming from an incident where Homeowner X laughed at her suggestion that he might use his drone to photograph her naked in her backyard.
The harassment could be retaliatory, following Homeowner X's decision to inform Timothy Hinker, Henry Trost, and Richard Doyle about the Pierces' behavior, even though the Association claimed "no interest" in addressing their misconduct.

Homeowner X asserts that the Pierces have deliberately engaged in outrageous and persistent misconduct, which they consider indisputable. They also believe the Association had a duty to intervene when the Pierces' behavior escalated to harassment but instead chose to provide them with aid and comfort. Examples include supplying confidential documents and information developed by EMHA and collaborating with the Pierces during a prearranged question-and-answer session with EMHA leadership at a recent Association meeting.

While it is impossible to showcase all the alleged transgressions through photos and videos due to the sheer volume, this page presents a representative sample of events from the past two years.

SINCE AUGUST 2018 THROUGH TO THE PRESENT, THE PIERCES HAVE:

Acted as if their neighbor’s driveway were their own property.
Dumped a large amount of dirt and construction debris into their neighbor’s yard.
Defamed their neighbor to other homeowners and Association leadership.
Served as surrogates for the Association in harassing a single homeowner.
Attempted to recruit other homeowner(s) to act as surrogates in their efforts to harass their neighbor, a tactic sometimes referred to as mobbing.
Misused government resources, including Doña Ana County Animal Control and the Sheriff's Office, to target a single homeowner.
Obtained confidential homeowner documents from the Association through intermediary Henry Trost.

EMHA AND DESIGN REVIEW COMMITTEE HAS "NO INTEREST" IN THE PIERCES' BEHAVIOR

On July 1, 2019, Homeowner X informed Timothy Hinker, EMHA Design Review Committee Chair, and Henry Trost, EMHA Design Review Committee Appointee, about the hostile behavior of the Pierces, including dumping dirt in his yard and using his driveway nearly daily, often overnight. He also pointed out clear rule violations visible in photographic evidence.

Timothy Hinker stated that the Association had "no interest" in the Pierces’ activities or their behavior toward Homeowner X. Meanwhile, Henry Trost became angry and combative, prompting Homeowner X to demand that he leave the property.

Timothy Hinker and Henry Trost, EMHA Design Review Committee members, overlooking multiple rule violations by the Pierces, raising concerns about selective enforcement and HOA accountability.

Homeowner X discussing the hostile behavior of the Pierces with Timothy Hinker, EMHA Design Review Committee Chair. Hinker states that the Association has 'no interest' in addressing the Pierces' actions or any rule violations they may commit, raising concerns about selective enforcement.

Henry Trost, EMHA Design Review Committee appointee, steps onto the Pierce family's property after being told to leave their neighbor’s yard. Trost became argumentative and combative when Homeowner X raised concerns about the Pierces' hostile behavior and multiple rule violations, reinforcing concerns about selective enforcement and HOA bias.

Homeowner X in conversation with Richard Doyle, EMHA President, on August 17, 2019. Doyle stated that the Association’s lawyer 'knows all about you,' delivering what appeared to be a threat while signaling his disregard for Homeowner X’s concerns.

Photo of Homeowner X's antenna taken from the Pierce family's roof by the EMHA Design Review Committee in December 2019. The Association later used this image in an FCC response against Homeowner X, reinforcing concerns about HOA collusion and harassment.

PARKING IN THEIR NEIGHBOR'S DRIVEWAY

The Pierces and their guests, for more than a year after their neighbor purchased the property, repeatedly parked in or blocked the driveway hundreds of times, treating it as if it were their own. When Homeowner X requested that the Pierces stop using the driveway, they escalated their ongoing harassment of the neighbor.

David Pierce parking his wife Judith's truck in his neighbor's driveway overnight, November 23, 2018. — David Pierce parked Judith's truck in neighbor's driveway, November 23, 2018.

Workers parking in neighbor's driveway for Pierce driveway expansion on January 23, 2019. — Workers park in neighbor's driveway during Pierce driveway expansion, January 23, 2019.

David and Judith Pierce and guests parked in neighbor's driveway on April 2, 2019. — Pierce family and guests parked in neighbor's driveway, April 2, 2019.

Debra Pierce leaving neighbor's driveway on April 3, 2019. — Debra Pierce leaving neighbor's driveway, April 3, 2019.

Homeowner walking dog past vehicle in driveway on April 3, 2019. — Homeowner walking dog past vehicle in driveway, April 3, 2019.

Debra Pierce parked in neighbor's driveway on May 2, 2019. — Debra Pierce parked in neighbor's driveway, May 2, 2019.

Vehicle blocking homeowner's garage on May 2, 2019. — Vehicle blocking homeowner's garage, May 2, 2019.

Debra Pierce leaving neighbor's driveway on May 3, 2019. — Debra Pierce leaving neighbor's driveway, May 3, 2019.

JUDITH PIERCE UPSET AFTER BEING ASKED TO REMOVE DIRT FROM NEIGHBOR'S YARD

Judith Pierce, accompanied by her brother-in-law Richard Pierce, appears visibly angry after being asked to remove dirt from her driveway expansion, which had been dumped into her neighbor’s yard.

Judith Pierce upset about removing dirt from driveway expansion, July 31, 2019.

DAVID AND JUDITH PIERCE TAKING THEIR DOG INTO THEIR NEIGHBOR'S YARD TO USE THE BATHROOM

David and Judith Pierce briefly owned a dog named Mac, whom they regularly took into their neighbor’s yard to use the bathroom.

David Pierce taking dog to urinate in neighbor's yard, May 17, 2020.

David Pierce taking dog to urinate in neighbor's yard, May 24, 2020.

David Pierce taking dog to urinate in neighbor's yard, May 25, 2020.

David Pierce taking dog to urinate in neighbor's yard, June 6, 2020.

Judith Pierce taking dog to urinate in neighbor's yard, July 15, 2020.

JUDITH PIERCE USING A SPOTLIGHT TO HARASS HER NEIGHBOR

Judith Pierce deliberately shined a spotlight into her neighbor’s bedroom window and attempted to blind his security cameras, seemingly treating it as a joke. After the neighbor reported the incident to the Doña Ana County Sheriff's Office, she became upset and continued manipulating the spotlight for approximately 15 minutes.