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

1. 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.
2. 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.
3. 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.
4. 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;

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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.

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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.

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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.

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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.

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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, APPARENTLY INTOXICATED, YELLING "ILLEGAL LIGHTS" AND "ILLEGAL LIGHTING"

Most interactions Judith Pierce has with her neighbor appears to be when she is intoxicated.