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HOMEOWNERS are fighting their HOA after they claim the association is fining them for fraudulent charges.
Michelle Bernard is one of two residents suing her HOA.
She claims that they are “forcing” homeowners to pay thousands without proof of where the money is going.
“It doesn’t make any sense for any hardworking individual to go through these things that I have been going through and my neighbors also,” Bernard told Atlanta News First.
“They have forced people to pay thousands of dollars and never provided proof they owe it,” she said.
Five of the community’s homes have liens against them for unpaid fines of $878 to $2,755.
Since the HOA in Channing Cove, Georgia, began in 2007, the fee was initially $100.
The fee has now been raised to $200, but community members argue that they don’t know where the extra money is going.
Residents told the outlet that they refuse to pay for any HOA assessments and fees without documentation of where their money is going.
Georgia law allows HOAs to file a lien on a home if the unpaid fees exceed $2,000.
An HOA is responsible for maintaining the community’s property; however, it also has control over the homes in the neighborhood.
The only way to fight the liens without incurring fines is to involve a private attorney, which is a cost not everyone can afford.
“If an HOA is fining somebody $1,000 or $5,000 for not cutting their grass that one time, that’s excessive,” attorney Patience Kaysee-Saydee told ANF.
“At that point, you can argue that the board has gone outside of the scope of their duties.
“Under Georgia law, homeowners have a right to see all HOA receipts,” Kaysee-Saydee continued.
“There’s no monetary limit. What the law bases on is reasonableness.”
EXCESSIVE FINES
Bernard wasn’t willing to take the HOA fees without a fight.
“I told them bring the lien,” Bernard said. “I’m bringing a lawsuit.”
HOA crackdowns in the US
States across the country are working to restrict the power of HOAs.
- In Minnesota, lawmakers introduced a bill that would require HOA boards to create a schedule of fines and fees and distribute it to homeowners; ensure homeowners can contest an HOA fine; provide reasonable time to correct rule violations; and outlaw the practice of charging homeowners for asking questions.
- In Arizona, lawmakers are cracking down on HOA budgets. Under a newly proposed law, HOA boards would have strict guidelines for how they approve expenses.
- In Florida, a bill was passed that restricts the amount of control HOAs have over tenants’ property. It also stops HOAs from fining homeowners for leaving trash cans out and holiday lights up.
- In Atlanta, bipartisan bills were introduced to reign in overly aggressive HOAs to protect homeowners.
- In California, a new bill requires HOA elections to be monitored and the board to comply with certain homeowner requests.
- In Colorado, new HOA rules require greater transparency between HOA board members and tenants.
- And the Federal Fair Housing Act sets housing standards for all homeowners, tenants, and landlords.
She stuck to her word and filed a lawsuit alleging that the HOA changed its covenants and bylaws without proper procedure since 2011.
Bernard referenced shocking fines and restrictions that the HOA enforced upon its residents.
In the Channing Cove community, the HOA president started two new policies restricting residents from “divulging personal information” and making “slanderous statements” about other property owners.
If the homeowner does so, they must write an apology letter within 48 hours and risk a $1,500 fine if they say something slanderous about a board member.
One homeowner received a $400 fine for installing glass windows without HOA approval.
Last year, the community attempted to change as they approved a new president.
The new president said he resigned after he “couldn’t get a financial audit,” putting the former president, Orton Reynolds, back in charge.
Reynolds told ANF that he didn’t “know anything about any concern about any financials in the community.”
When asked about receipts for work done in the community, Reynolds replied: “What receipts?”
He denied any financial wrongdoing.
Bernard believes that the HOA is “trying to force [her] to settle the lawsuit,” after it offered her a $40,000 settlement.
Despite the settlement offer, Bernard still hopes to make the HOA take accountability for their actions.
“I need someone to address this, because it’s affecting our community,” she said.
