Bad apple in the barrel?

We are in a new development in California and I have applied to be on the BOD for the HOA. There are 40+ homes in neighborhood and we have all, so far, enjoyed a peaceful relationship...until a new neighbor moved in. He is on the board of another HOA and is using every rule he can come up with to make everyone's life miserable. He walks around with a camera and sneaks pictures of our homes to point out things like dog poop on a lawn (then puts a copy of the leash law in your mailbox), or other annoying things. He is now sueing a neighbor for having built a porch on their back deck a few inches too high, and has now sued the HOA for not taking faster action before his property value is damaged... (He is an investor and plans on moving in a year, or so we've heard.) We live in a family-friendly area (20+ kids play in the streets) and our home values are over a million each. No one in our development likes or appreciates what he is doing, but we feel we are being held hostage. Is there anything we can do to stop this kind of harassment? No one really violates any of the rules and we all cooperate with the HOA, but this guy is making things tough for everyone. As a resident, and potentially a BOD member, are there any rights to minimize this behavior and come to consensus? He won't talk to anyone..it's all legal or through his attorney. He also doesn't care if legal action against the HOA increases dues for everyone because he won't be around that long.

Good info - I'll do a little more research and talk to some of the other BOD members about how they are dealing with him. I'm very new to this process. But you are right - the guy is a real pain and sits home all day looking for way to annoy his neighbors with trivial nonsense that could be taken care of with a casual conversation and maybe a beer. If a neighbors dog relieved himself on my lawn I would simply go over with grin and make some sort of wry comment on how we can keep Fido in his yard - not take a picture, circle the big load and put it into the mailbox with a letter from the county on the leash law...it's just plain sad. But, on the bright side, he may be moving on eventually. Sigh...Maybe we can invite him to a garage-gig, get him warmed up with a few shots of Petron and become his best friends...hmmmm, may have to try that.

Interestingly enough, he IS running for a board seat and it was actually one of the existing board members that asked me to run against him, as a preventative measure. I don't have a problem doing it (although it will be a bit challenging with 3 kids and a full time job) and I do think I can bring something to the table. He may have extensive experience with other HOA's, but I have trust and credibility with the entire neighborhood and have lived here all my life. Let's hope they vote for me and maybe I can dig in and help find better solutions to his issues. I probably need to read more too - maybe someone can suggest a good book on this subject? Tx!!

OK, here's a few that helped me...

Webster's New World - Robert's Rules of Order, Simplified and Applied
The Guerrilla Guide to Robert's Rules
The Homeowners Association Manual

and the mainstay... Art of War...

NOT sued back for that. Putting things in mailboxes or messing with mailboxes that are not yours is a federal offense and you get ARRESTED for that! NOT SUED! If the item in the mailbox does NOT have a stamp on it, it is NOT allowed to be there. You can call the POSTAL INSPECTOR to investigate NOT the police.
I once put a fake video camera in a mailbox because someone was stealing checks. The camera got stolen of course. However, I was shocked to find out from the postal inspector that putting such items in mailboxes is illegal. The postal service has it's own investivigator task force. You'd be surprised how tough postal laws really are and the services they offer.

If I were in your shoes, I would get as many proxies as I could. Being a long time resident, with lots of friends this should not be to hard. You do have to be careful about “soliciting” Proxies.

You can go to your neighbors and explain how proxies work and give them the option of appointing you or any other resident as their representative via the proxy. Of course, during your conversation you could mention that your “bad apple” is also considering running for the board.

It seems most hoa’s have at least one “bad Apple.” I have found that these kinds of folks usually find something else to do after a couple of months. I hope this is the case with your guy.

Good luck & welcome to the wonderful world of HOA administration.