Aggressive homeowners associations are so notorious that they have even appeared in classic television series plots, such as Desperate Housewives.
When new residents Bob and Lee decided to install a water sculpture outside their home on idyllic Wisteria Lane, they had no idea of the chaos they had brought upon their heads in the form of the local homeowners association.
However, the nightmare of foreclosures and the aggressive dictates of such associations are far from fiction for many in Georgia.
Homeowners associations are intended to oversee the general upkeep of the neighborhood using a pool of money made up of fees from residents in the area.
For example, they may remove a fallen tree, clean public facilities such as swimming pools, or make sure the neighborhood is clean and tidy by monitoring yards.
Jewel Inostroza was baffled when she discovered that the previous owners of her newly purchased home in Newnan, Georgia, had left tens of thousands in fees to the local homeowners association that were now her responsibility.
Bob and Lee on Desperate Housewives faced the wrath of the local homeowners association.
Desperate Housewives are shocked by ugly water fountain on Wisteria Lane
Karyn Gibbons had her home foreclosed on despite always paying her bills on time
Jewel Inostroza (right) discovered she was responsible for unpaid fees from the previous owners.
Inostroza went to court, paid what he believed he owed, but still ended up with a bill in the tens of thousands of dollars. Realtor.com reported.
Tricia Quigley told the real estate site how her Cherokee County, Georgia home sold on the courthouse steps for just $3.24 after she refused to pay an $800 HOA fee when she became frustrated with the billing process.
Quigley discovered that the bill soon grew to $10,000 due to late payments and attorney fees.
When he could no longer carry on, he sold his house.
“They just showed up and threw all my stuff on the grass,” he said.
Homeowners associations are legally allowed to foreclose on properties, garnish wages and shut off water if owners fall behind on payments.
Another Georgia homeowner, James McAdoo of South Fulton, says he has to file for bankruptcy to prevent his homeowners association from taking away his wages after he was warned about weeds in his lawn.
Despite filing for bankruptcy, McAdoo still owes the association $36,000.
Others have had problems with bureaucracy, including Karyn Gibbons, who told Realtor.com she received a foreclosure notice on her home despite always paying her homeowners association dues on time.
Gibbons said her local association in Gwinnett County often cashed her checks late or didn’t cash them at all, a mix-up that left her owing $30,000 in late payments and attorney fees.
Georgia lawmakers are planning a counteroffensive on behalf of their constituents and their homeowners association horror stories.
State Senator Donzella James is working to rein in the power of homeowners associations in Georgia.
Democratic Senator Donzella James has teamed up with Republican Matt Brass to address the issue of homeowners associations
Homeowners associations are legally allowed to foreclose, garnish wages and cut off water to homeowners who fall behind on payments.
James told Realtor.com that he began looking into the issue in earnest after hearing from constituents who were forced to leave their homes after incurring fees and fines because their grass was more than four inches long or a shed was painted the wrong color.
“What would start out as a $200 fine could quickly escalate to $5,000,” James, a Democrat, told the publication.
“And once (homeowners associations) get $4,000 in fines, they can sell your house on the courthouse steps,” he explained.
James has joined forces with Republican Matt Brass. Together they are proposing a bill that would stop the accumulation of fines once homeowners have paid what they owe to their homeowners association.
The proposed legislation would also require homeowner association boards to meet regularly, record minutes of their meetings and have a transparent voting process.
“It’s tragic. We’re talking about people losing their generational wealth because someone won’t mow their lawn. It’s astonishing,” Brass said.