Harrassment through Abuse of Process

We have something happening that I have not quite encountered before. The short version is a homeowner is constantly submitting complaint after complaint about the tenants of one investor/owner. This person has 5 units or so, and the homeowner takes it upon himself to walk through the complex (none are adjacent or even visible from his unit), take pictures of anything (such visitor's car, something placed earlier that same day on the front porch) that he can make a complaint out of. He used to confront these tenants, but the HOA advised him to stop doing that, and the tenants basically said if he continued to bother them, he would have a physically painful result. The landlord for his part has taken every complaint to the tenants, and are resolved or getting resolved.

I know the tentants and one family lives next door to me. I have no issues at all with them. Being on the board, I see his complaints, and they are generally embellished, but some are simply not true.

The residents in question happen to all be minorities. It seems as though he is either trying to bother the landlord so much, that they will be evicted, or for whateever reason, he doesn't like the landlord.

My question is: Does anyone know if Arizona has an abuse of process statute with respect to HOA's, and use of the CC&R's and bylaws to selectively harrass someone? He is also costing us money by reporting all these complaints to the management company. I really would like to hear a lot less from this person, who is actually our only complainer, but he seems to be victimized each and every day.

DonnaS - You mean instruct the MC to not accept any calls or messages from him regarding a complaint against the particular owner/landlord, correct? Even if that's what you meant, I doubt the MC can or should deny someone from communicating, even if it's a nuisance call or message. What occurs if the complaining owner has a real reason to call the MC and he/she is denied the ability to communicate it? Wouldn't that pose a liability?

DonnaS: You are correct. An MC, while remaining professional, certainly has the right to allow a "certain caller's" calls to go to voice mail, especially with the consent of the Board to do so. If indeed, there is an emergency situation, the MC certainly can respond appropriately.

At times it takes a professional to separate those who seek to be habitual problem-makers vs. those who are actually in need of and appreciate an MC's help and assistance. Hopefully, for us all, we have more of the latter in our resident-communities.

With all due respect Donna, I don't think you can deny any member from reporting violations. What is your criteria to cut off reporting and how did you establish it? Three or more? Ten? I'm surprised you haven't been challenged on that. Maybe you need to go to written and signed complaints.
Bruce, are you following Arizona Revised Statutes 33-1803 for due process on violations? Part of that statute requires that you must provide the following information if a member properly questions a violation notice. Some HOAs are providing this information up front with the first notice to conserve time and not prolong the process:

1. The provision of the community documents that has allegedly been violated.

2. The date of the violation or the date the violation was observed.

3. The first and last name of the person or persons who observed the violation.

4. The process the member must follow to contest the notice.

In order to comply with No. 3 our association requires all violation notices to be in writing and signed by the person submitting it. No more verbal or anonymous notifications accepted. This might be an avenue you want to look into. It certainly cuts way down on retaliatory violation reports if the person reporting knows that it must be in writing and signed; it will become a permanent record; and will be disclosed to the alleged violator.

HaroldS - I believe I misinterpreted Donna's post. I think she meant just screen the calls, let them go to voice mail, that kind of thing.

Harold is correct. It's not a matter of reporting violations that might infringe on that homeowner, or really bother anyone, but he does run amuck (this is a good description in this case) with his camera, going all over the complex, looking for anything he can find to report. I have caught him in two lies so far...fabricating violations. He has gone so far as to hurt himself falling from a wall trying to climb up and take picutres of people's back yards.

Then...the HOA and PM get all the fun of hearing never-ending complaints. He shows up at the board meetings to show his pictures one by one, all petty offenses, and most are things that were resolved. We tried everything from patiently listening to telling him he could only report unresolved, previously reported complaints. He just never tires of it for some reason, and dedicates most of his free time to spying on his neighbors.

"The landlord for his part has taken every complaint to the tenants, and are resolved or getting resolved."

Didn't think I'd be on this side of the discussion but here goes.

Sounds like these are legitimate violations based on the statement above so how can posters then say ignor the guy?

There is nothing saying the guy has to report any or all violations but if what he is reporting are legitamite violations then there is no abuse or necessarily any targeting. If the family doesn't violate the CCR's there can be no complaints, right.

Petty offenses? Well only if there are 'petty' ccr's.

"but they are not meant for neighbors to play "gotcha" with each other."

Neighbours? How about Boards? Sorry I couldn't resist.

Bruce, every Association has someone like this to some extent and while their behavior may seem petty and vindictive to most people. These individuals are on a mission, either to improve the community to what they think it should be; right some perceived wrong or just make everyone as miserable as they are. Like it or not you have to address the many and varied complaints. Now that doesn't mean you have to stop everything and investigate but if the next time the MC does his/her neighborhood inspection if the problem still exists then you have to send a violation letter to the HO. It doesn't matter whether it's a beef with the tenants or the landlord if the violation exists it must be dealt with. However if the problem is not there when the MC or Board member gets there send him a letter that the complaint was investigated and the home was in compliance at the time of inspection. But document that every complaint was investigated.