WHAT RULES? PART 2: EMHA ALLOWS HOSTILE ENVIRONMENT AGAINST HOMEOWNER
According to one homeowner, it is not only EMHA leadership that do not have to obey Association rules, but also homeowners. At least certain homeowners. The same Association that asserts extreme authority over a certain homeowner has declared actions of their antagonistic neighbor to be "not of concern" to EMHA, allowing David and Judith Pierce to create a hostile environment that has lasted more than two years. The Pierce's have subjected their neighbor to conduct so severe and pervasive it interferes with and deprives their neighbor's right to use and enjoy their home. To make things worse, the Association assists and supports the Pierce's in their wrongful conduct.
David and Judith Pierce, for reasons that are unclear to one homeowner, have embarked upon a long term campaign of what he describes as harassment and oppression.
LIKELY MOTIVES OF JUDITH AND DAVID PIERCE FOR HARASSING THEIR NEIGHBOR
- There exists evidence that the Pierce's behavior could be related to a desire for their in-laws to live in the home purchased by the homeowner.
- The Pierce's could be angry at being asked to stop parking in the neighbor's driveway, and to remove dirt from the neighbor's yard. The Pierce's expanded their driveway and placed the dirt removed into their neighbor's yard. It is not reasonable to conclude that acts of this nature, committed by the Pierce's, were performed in good faith. And so, it is not unreasonable to consider that they would be angered at someone resisting their bad behavior.
- Judith Pierce could be motivated by anger over her neighbor laughing when she brought up the possibility of him using his drone to photograph her naked in her back yard.
- It could be retaliation for the homeowner informing Timothy Hinker, Henry Trost and Richard Doyle of the Pierce's behavior, even though the Association claimed to have "no interest" in their bad behavior.
However, the homeowner asserts that it is an indisputable fact that the Pierce's have deliberately engaged in bad behavior regarding the homeowner, that their behavior has been outrageous at times, and that it persists. He also insists that the Association had a duty to intercede when the Pierce's behavior became harassing, but instead they provide aid and comfort to them. For example, they supply confidential documents and other information developed by EMHA, and collaborate to engage in a prearranged question and answer session with EMHA leadership in recent Association meeting.
It is not possible to post all the pictures and video of various transgressions alleged, as this page would be so long no one would scroll to the bottom. We present, instead, a representative example of events occurring in the last two years.
SINCE AUGUST 2018 THROUGH TO THE PRESENT, THE PIERCE'S HAVE:
- Acted as if their neighbor's driveway were their own property;
- Dumped a great deal of dirt and construction debris in their neighbor's yard;
- Defamed their neighbor's to the other homeowners, and to Association leadership;
- Act as a surrogate for the Association to harass a single homeowner;
- Attempted recruitment of other homeowner(s) to act as surrogates in their efforts to harass their neighbor. Sometimes referred to as mobbing;
- Abused government resources, such as Doña Ana County Animal Control and Sheriff's Office, in an effort to harass a single homeowner;
- Acquired confidential homeowner documents from the Association via intermediary Henry Trost;
EMHA AND DESIGN REVIEW COMMITTEE HAS "NO INTEREST" IN PIERCE'S BEHAVIOR
On July 1, 2019 a homeowner informed Timothy Hinker, EMHA Design Review Committee Chair, and Henry Trost, EMHA Design Review Committee Appointee of hostile behavior by the Pierce's, such as dumping dirt in his yard and using his driveway on a near daily basis, often overnight. He also pointed out obvious rule violations that were in plain view, as evidenced in the photograph. Timothy Hinker expressed that the Association had "no interest" in the activities of the Pierce's or in their behavior toward the homeowner. Henry Trost became angry and combative; he was told to get off the property.
TIMOTHY HINKER AND HENRY TROST, EMHA DESIGN REVIEW COMMITTEE MEMBERS, IGNORING MULTIPLE RULE VIOLATIONS OF THE PIERCE'S.
HOMEOWNER AND TIMOTHY HINKER, EMHA DESIGN REVIEW COMMITTEE CHAIR, DISCUSSING HOSTILE BEHAVIOR OF THE PIERCE'S. HINKER TELLS HOMEOWNER THAT THE ASSOCIATION HAS "NO INTEREST" IN THE BEHAVIOR OF THE PIERCE'S, OR IN ANY RULE VIOLATIONS THEY MAY COMMIT.
HENRY TROST, EMHA DESIGN REVIEW COMMITTEE APPOINTMENT, ENTERS PIERCE'S PROPERTY WHEN TOLD TO LEAVE THEIR NEIGHBOR'S YARD. TROST BECAME ARGUMENTATIVE AND COMBATIVE WHEN HOMEOWNER BROUGHT UP THE ISSUE OF THE PIERCE'S HOSTILE BEHAVIOR AND MULTIPLE RULE VIOLATIONS.
HOMEOWNER CONVERSATION WITH RICHARD DOYLE, EMHA PRESIDENT, AUGUST 17, 2019. DOYLE EXPRESSED THAT THE ASSOCIATION'S LAWYER "KNOWS ALL ABOUT YOU" IN AN APPARENT THREAT AND TO TELEGRAPH HIS LACK OF CARING FOR HOMEOWNER'S CONCERNS.
PHOTO, TAKEN FROM PIERCE'S ROOF BY EMHA DESIGN REVIEW COMMITTEE, OF HOMEOWNER'S ANTENNA, DECEMBER 2019. THE ASSOCIATION USED THE PHOTO IN A RESPONSE TO THE FCC REGARDING A HOMEOWNER'S PETITION COUNTERING AN UNLAWFUL DEMAND BY EMHA TO REMOVE HIS ANTENNAE. THE HOMEOWNER PREVAILED IN THIS MATTER. THE FACT THAT THE ASSOCIATION AND THE PIERCE'S WORKED TOGETHER AGAINST THE HOMEOWNER IS SIMPLY ADDITIONAL EVIDENCE OF A HOSTILE ENVIRONMENT, KNOWLEDGE OF EMHA REGARDING THE SITUATION, AND THE ASSOCIATION'S CLEAR INTENT TO ASSIST THE PIERCE'S IN THEIR LONG-TERM CAMPAIGN OF HARASSMENT AGAINST THEIR NEIGHBOR.
PARKING IN THEIR NEIGHBOR'S DRIVEWAY
The Pierce's, and their guests, for longer than a year after their neighbor purchased the property, parked in or blocked the driveway hundreds of times, treating it as if it were their own property. When the homeowner asked the Pierce's to discontinue using their driveway, the Pierce's increased the intensity of their already existing harassment of the neighbor.
DAVID PIERCE PARKING HIS WIFE JUDITH'S TRUCK IN HIS NEIGHBOR'S DRIVEWAY OVERNIGHT, NOVEMBER 23, 2018.
DAVID PIERCE PARKS HIS CAR ACROSS THE STREET TO ALLOW THEIR WORKERS TO PARK IN HIS NEIGHBOR'S DRIVEWAY/YARD TO WORK ON THEIR DRIVEWAY EXPANSION, JANUARY 23, 2019. THE DIRT DUG UP BY THE PIERCE'S WORKERS TO MAKE ROOM FOR POURING CONCRETE WAS DUMPED IN THEIR NEIGHBOR'S YARD.
DAVID AND JUDITH PIERCE TAKE THEIR IN-LAW'S ON A NIGHT OUT, PARKING IN THEIR NEIGHBOR'S DRIVEWAY OVERNIGHT, APRIL 2, 2019.
DEBRA PIERCE, LEAVING THE DAY AFTER THE PIERCE'S TAKE THEIR IN-LAW'S ON A NIGHT OUT, PARKING IN THEIR NEIGHBOR'S DRIVEWAY OVERNIGHT, APRIL 3, 2019.
THE PIERCE'S FALSELY CLAIM THAT THEY ONLY PARKED IN THEIR NEIGHBOR'S DRIVEWAY WHEN THE NEIGHBOR DID NOT OCCUPY THE HOME. HERE, THE HOMEOWNER IS WALKING HIS DOG IN THE EARLY MORNING, APRIL 3, 2019. DEBRA PIERCE'S VEHICLE IS PARKED IN HIS DRIVEWAY.
DEBRA PIERCE, PARKING OVERNIGHT IN THE PIERCE'S NEIGHBOR'S DRIVEWAY, MAY 2, 2019. NOTE THE OVERNIGHT LUGGAGE BAG SHE HAS WITH HER.
HOMEOWNER BLOCKED FROM ENTERING HIS GARAGE DUE TO DEBRA PIERCE'S VEHICLE PARKED IN HIS DRIVEWAY, MAY 2, 2019. PHONE CALL AND TEXT TO JUDITH PIERCE WAS IGNORED, THE CAR WAS NOT MOVED UNTIL THE NEXT DAY.
DEBRA PIERCE, LEAVING THE PIERCE'S NEIGHBOR'S DRIVEWAY THE NEXT DAY, AFTER PARKING OVERNIGHT, MAY 3, 2019.
JUDITH PIERCE, UPSET AFTER BEING ASKED TO REMOVE HER DIRT FROM NEIGHBOR'S YARD
Judith Pierce, with her brother-in-law Richard Pierce, appearing to be angry at being asked to remove dirt from her driveway expansion that they had dumped in her neighbor's yard.
JUDITH PIERCE, AKA ULTIMATE KAREN, UPSET ABOUT BEING ASKED TO REMOVE DIRT FROM HER DRIVEWAY EXPANSION THAT THEY DUMPED IN NEIGHBOR'S YARD, JULY 31, 2019.
DAVID AND JUDITH PIERCE TAKING THEIR DOG TO USE BATHROOM IN THEIR NEIGHBOR'S YARD
David and Judith Pierce, for a very short period of time, had a dog named Mac that they took into their neighbor's yard to use the bathroom.
DAVID PIERCE, TAKING HIS DOG TO URINATE IN NEIGHBOR'S YARD, MAY 17, 2020.
DAVID PIERCE, TAKING HIS DOG TO URINATE IN NEIGHBOR'S YARD, MAY 24, 2020.
DAVID PIERCE, TAKING HIS DOG TO URINATE IN NEIGHBOR'S YARD, MAY 25, 2020.
DAVID PIERCE, TAKING HIS DOG TO URINATE IN NEIGHBOR'S YARD, JUNE 6, 2020.
JUDITH PIERCE, TAKING HER DOG TO URINATE IN NEIGHBOR'S YARD, JULY 15, 2020.
JUDITH PIERCE, USING A SPOTLIGHT TO HARASS HER NEIGHBOR
Judith Pierce thought it was funny to shine a spotlight into her neighbor's bedroom window and to also attempt blinding his cameras. When the neighbor reported the incident to Doña Ana County Sheriff's Office she got upset. She "played" with her spotlight for roughly 15 minutes.
JUDITH PIERCE SHINING SPOTLIGHT INTO HER NEIGHBOR'S BEDROOM WINDOW, AUGUST 4, 2020.
JUDITH PIERCE USING SPOTLIGHT TO BLIND HER NEIGHBOR'S CAMERAS, AUGUST 4, 2020.
JUDITH PIERCE USING SPOTLIGHT TO BLIND HER NEIGHBOR'S CAMERAS, AUGUST 4, 2020.
JUDITH PIERCE, APPARENTLY INTOXICATED, YELLING "ILLEGAL LIGHTS" AND "ILLEGAL LIGHTING"
Most interactions Judith Pierce has with her neighbor appears to be when she is intoxicated.
Audio recording of Judith Pierce, seemingly intoxicated, talking derisively to homeowner and then going around his property photographing and yelling "illegal lights" and "illegal lighting", June 6, 2020.