Homeowners in Georgia are sharing their frustrating conflicts with homeowners associations, accusing them of abusing their authority and leading to foreclosure proceedings.
About one in five Georgians live in neighborhoods governed by community associations, known as homeowners associations (HOAs). However, some homeowners have faced nightmarish legal brawls with their HOAs, resulting in foreclosure proceedings and even the loss of their homes.
One such homeowner, Karyn Gibbons, nearly lost her Gwinnett County condo last year after her HOA failed to cash most of the checks she sent for her dues payments. After years of confusion and miscommunication, she received a foreclosure notice, leaving her close to losing her home.
HOA Horror Stories: Homeowners Share Nightmarish Legal Brawls
Patricia Quigley had a similar experience in Cherokee County. In 2010, frustrated with the biannual dues payments, Quigley stopped paying. Unbeknownst to her, the HOA filed a lien on her home and later foreclosed on it, purchasing it at auction for a mere $3.24.
"I literally just could not believe it. I was in shock," Quigley said. "My first thought was, ‘I'm going to be friggin’ homeless.’"
HOA Horror Stories: Homeowners Share Nightmarish Legal Brawls
Critics argue that HOAs often have excessive power and that Georgia laws governing them are too lenient. HOA governing documents usually allow homeowners to request hearings before the board to challenge fines, but homeowners like Gibbons say the rules and regulations can be confusing and frustrating.
Julie Howard, an attorney representing HOA and condominium associations, claims that it is impossible for a foreclosure to occur without proper notice and legal proceedings. However, both Gibbons and Quigley assert that they did not receive adequate communication throughout the process.
HOA Horror Stories: Homeowners Share Nightmarish Legal Brawls
"Georgia law is very explicit that owners are obligated to pay their assessments, and associations have certain rights to collect those assessments, ultimately including but very rarely, foreclosure," Howard explained.
HOA fees can cover shared facilities and maintenance, but critics argue that the amounts charged are often excessive. The Foundation for Community Association Research estimates that HOAs collect almost $3.2 billion each year from Georgia residents.
HOA Horror Stories: Homeowners Share Nightmarish Legal Brawls
Homeowners like Gibbons and Quigley believe that HOA bylaws should be more concise and readable to prevent confusion and potential disputes. They urge greater transparency and accountability from HOAs, as well as stronger protections for homeowners facing foreclosure proceedings.
"It makes no sense for any community to have a book's worth of rules and regulations," Gibbons said. "The more information you have, the more confusing it is and less chance it is going to be read or even understood."
HOA Horror Stories: Homeowners Share Nightmarish Legal Brawls
The stories of Gibbons and Quigley highlight the need for more oversight and regulation of HOAs in Georgia. Homeowners should be fully aware of their rights and responsibilities when purchasing a property with an HOA, and legal protections should be in place to prevent abuses of power and unfair foreclosure practices.
