Looking For Legal Advice On A Situation With Neighbor And Hoa
Location: Utah
Hi everyone, looking for legal advice on a situation with my neighbor, our HOA board member (who is also the original builder of our townhomes), in Utah.
Here is what happened:
Neighbor's Access Demand: My neighbor, left a note on my door demanding and stating she was going to go through our private backyard to haul materials for her landscaping project because "our backyards are connected."
I Formally Refused: I emailed the HOA stating that no one was allowed through our yard.
HOA Ignored My Calls: I called the HOA 4 times, left 3 messages, and left a message with an assistant, but nobody called me back.
Harassment & Workplace Contact: The HOA board member (who built these townhomes) called my brother’s workplace. My brother has nothing to do with this townhome. The builder spoke to my brother's boss, eventually got my brother's personal number, and told my brother to pressure us to "play ball." He explicitly threatened that if we don't, he is going to make us tear up our mulch area.
The French Drain Pretext: There is a French drain pipe that runs through the perimeter of our back wall. The HOA is falsely claiming that we removed the pipe. I explicitly told them we did not remove it.
False Security Camera Claims: When I spoke with the builder/board member, he called us bad neighbors. I told him we have a security camera and saw during recent storms that drainage is perfectly fine in both our yard and the neighbor's yard. He claimed it is "illegal" for me to have a camera on my property if any part of the backyard is visible due to privacy laws.
Retaliatory Inspection: Because I refuse to let them go through my yard for her landscaping project, he is now forcing an "inspection" to enter my backyard, verify if the pipe is there, and dig up my yard.
Per our CC&Rs (§1.18 Exclusive Use of Limited Common Area, §6.2 Staging limited to own lot) and recorded Plat Map, they have no legal right to cross my yard or stage equipment here.
Questions for the legal community:
Third-Party Harassment: What legal claims do we have regarding a builder/HOA board member calling my brother's boss and workplace to intimidate us over a residential dispute?
Retaliatory Digging/Inspection: How do I legally stop him from using a fake "missing pipe" claim to dig up my yard as retaliation for denying landscaping access?
Camera Laws in Utah: Is there any truth to his claim about perimeter cameras? (My camera is mounted on my dwelling monitoring my own lot line/yard).
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