is this harrassment of Board Member?

Hello,
This is my first post, deep breath, here goes w/background info:
I am the Treasurer for a very small HOA (only 22 lots) in CO. We have a volunteer Board and ARC committee, and like a lot of communities, have struggled thru a few years of several lots in foreclosure and arrearages in Dues and Liens. We have made a lot of progress over the last 2 years in "formalizing" a lot of the things that the Board is required to do like dues collections and ARC enforcement. One owner in particular that bought a foreclosed home 2.5 yrs ago has been very problematic from even before closing on the property: saying he was going to do anything he wanted and the HOA didn't enforce anything anyway(not true). Has been a long road to get him to put in some landscaping/grass and then keep weeds mowed & some semblance of maintenance, he also had multiple vehicles stored on his property and was boasting about another 6 or so he was going to bring in from out of state- we all have 1 acre lots and his weeds were up to 4 ft. tall in places......as treasurer I worked with the ARC person in sending him Violation notices of the landscape peice which eventually had fines attached - he had told ARC "go ahead and Lien my house" because he didn't want to comply w/landscape install. At the annual meeting this year, we all voted on Covenant amendments one of which included a limit to the number of vehicles allowed parked outside (limit of 2, with 1 additional work related vehicle). Of course he was not happy, altho he has complied w/that.

So this person is also our next door neighbor (oh boy). 6 weeks ago, he called the local sheriff dept and accused my husband of shooting a BB gun at various places on his house and truck (hubby is a hunter but doesn't own a BB gun, everything is large caliber and anyway, would NEVER do that - it's something teen punks do). We happened to be in garage and watched this the whole time, & of course when deputy came over to ask about it, our answer is NO. Had to even look up what that is called (vandalism). SO report labeled it as "cold vandalism". I did tell the deputy the owner had a burr under his saddle against the HOA and I was a Board member. Then, 3 days ago, ANOTHER sheriff deputy, this time the deputy said "he wasn't accussing us or filing charges" but the rear view outside mirror of his girlfriend's vehicle was shot out and since it was parked in his driveway with the mirror facing our property, we must have done it. (REALLY??????) The second deputy told me before I even had a chance to say, that "the HOA stuff is civil and she has nothing to do w/that", so I know he was complaining about HOA stuff to her. But that logic fits his mentality......

I think this is "false reporting" and false accusations, and most likely harrassment - I haven't included lots of little details because this would become a book - but I think this is his way of causing trouble and I'm the most convenient/close target. A lot of other owners have complained about his property/actions/antisocial & almost paranoid behavior and the Board is trying to enforce the Covenants as we are required to do....

I would appreciate any advice on what are the best options and methods to defend myself/husband from this? I have already begun to advise other Board members on what is happening. We only have 15 homes out of 22 built, so word spreads fast. I'm not a quitter, but confrontations suck(excuse the lang), am willing to stand up to a bully tho.

Thanks to anyone who has taken time to read this, and for advice.

Thanks Tim for a response.

I'm not sure I agree that this is just a neighbor to neighbor issue, because why is he bringing up HOA stuff to a law enforcement officer if he is really concerned we are shooting at his property or vehicles on it, even with a BB gun - To us, shooting any weapon is a SERIOUS thing and a serious accusation, I think any responsible hunter or gun owner believes that. There is also a suspicion that it was him who called sheriff on another neighbor (again, another false report, dealing with theft). Unconfirmed as of now.

To protect ourselves personally tho, and in hopes of descalating this, we are going to install security cameras to monitor our property that borders his (yes, I read some of the threads on security cameras to get a feel for that) - then if he continues what I will call false reports, we can say, "gee, let's see what the cameras have recorded, maybe we can help you out catching a (real) bad guy".

Have also started a written record of events in case needed, for either the Board or personally. Last resort will be a letter from our own attorney (not HOA yet) for cease and desist, from what I've read on some threads may be most effective.

Another observation: the owners that bought the foreclosed properties seem to have a different attitude towards the HOA than the owners that built here or bought as a regular real estate transaction. The best way I can think of to describe it is: they seem to want something for nothing, and are suspicious of HOA motives. We've had one drainage issue that was difficult to deal with but I believe is finally resolved. It's like they come in with a chip on their shoulder. One set of owners now actually sit on the ARC and also the Board, which I hope will continue to generate involvement and an attitude of "what's best for our neighborhood", but I see some struggles with that.

No one gets why he bought in this neighborhood, as Covenants are signed at closing - his comment on that is "no one told him any of that". yea right.

anyway, thanks for your time!
joyce

So what he brings up HOA business to the cops? The cops don't care. they just have to listen to it until they get to the meat of the issue. It is NOT a HOA matter and don't let him hide behind that. Which is what he is doing. The police can't do anything about HOA rules and the HOA can't enforce theirs. This is an individual situation.

Fines can not be used as basis for liens or foreclosure in most states. So the HOA IF they have a fining schedule set up can keep trying to fine but good luck in having them pay. If they are not paying their dues then the HOA can lien or foreclose.

I would just ignore his claims and just let the police take his reports. You are not guilty and can prove it. It is "cold vandalism" after all. So just keep in your lane and out his...If he gets aggressive then call the police.

Tim, thank you for your observations about human nature. It often takes me by surprise when people act not rationally, like the "neighbor" LOL. And yes, from the kind replies here and other advice we are getting, I am seeing how this is a personal and not HOA issue: so actually we can better respond to the situation than if I have to wear the HOA hat. Still mystifies me why people buy something (a property in HOA) and then don't want to comply w/rules and claim exemption. Sorta like buying a stick shift then *itching that it's not an automatic transmission, and blaming someone else for having to shift. hahaha

The ideal of publishing how an HOA works in the newsletter is good. We have a very informal one that the (new) secretary does each quarter, so maybe we can include.

Thanks Melissa for terming it "hiding behind" an HOA issue, that's exactly what he's doing. It's personally upsetting to us tho to see a deputy on the doorstep - I think between hubby & me, we have one photo radar ticket (my bad) in our 30+ years of marriage, guess we're heading down the road to being criminals. haha again!

Video camera system on it's way, our Covenants do not have a restriction against them altho I will check w/ARC.

I appreciate this forum, I have learned a lot just reading, and even more now from this post. Thanks to all.

Another vote for video cameras. I would have one (or more) aimed squarely in the direction of the offending neighbor's property, as well. Should he accuse you of something again, you'll have proof.