An elderly resident in Georgia is on the verge of losing his home due to unpaid homeowner association fines stemming from minor violations. According to Georgia’s statutes, a homeowner association possesses the power to initiate foreclosure if fines surpass a $2,000 threshold, regardless of the violation’s severity. It is essential for homeowners, particularly those subsisting on limited incomes, to actively monitor their post, remain informed about their fines, and understand their legal protections.
The Georgian retiree’s struggle to retain ownership of his home has unfolded after he accrued considerable fines. These charges originated from violations such as disobedience to pressure washing regulations, the presence of an unattended ladder, and an outdoor water bucket. George Watson, a 77-year-old retiree living on Social Security benefits of roughly $20,000 per annum, has called his townhome in Kennesaw’s Cedarlake community home since 2001.
However, the issue began a few years back when Watson was preparing to scrub some algae off a wall, and he left a ladder, pressure washer, and bucket of water by his house. Watson claims his actions were temporary, yet they led to unexpected complications. Due to Watson’s self-imposed reluctance to interacting with his mailbox amidst the pandemic, he unintentionally ignored multiple notices sent by his HOA.
It was only when Watson mustered the courage to check his mailbox towards the end of 2022 that he discovered a letter from his HOA’s legal counsel, demaning payment of $6,000 in accumulated fines and legal costs. As per the Georgian Law, an HOA is entitled to impose a lien on a home for any sum and can start foreclosure proceedings once the total surpasses $2,000.
The Cedarlake homeowner’s association brought Watson’s situation to the extreme in July 2024 by initiating the foreclosure process. Records indicate the HOA levied a daily fine of $50 on Watson from October 2022 until January 2023. Within this period, the fees escalated to over $1,500 monthly, with an additional interest rate of 7%. The rapidly mounting legal fees of $3,600 added further financial strain.
By early 2025, the HOAs attorneys had moved for a summary judgment, totaling a staggering near $15,000. Watson has been engaged in legal battle over the past year, using the funds from a home equity loan he secured to afford legal help. The homeowner’s association of Cedarlake chose not to comment on the matter.
While the association did not make a statement, Tolley Community Management, the property management firm overseeing the affairs with the CedarLake homeowners association, asserted that applicable protocols were dutifully followed. Randy Williams, a real estate attorney who represents both homeowner associations and homeowners alike, aligns with this viewpoint, stressing homeowners need to appreciate their responsibilities.
Nevertheless, Williams also raised concerns regarding the wisdom behind pursuing foreclosure aggressively over minor infractions. He advocates for alternative methods such as arranging payment plans or employing a ‘self-help strategy’. This strategy permits homeowner associations to directly resolve the underlying issues on their own before moving on to fines or taking legal action.
To maintain community standards, homeowner associations wield robust legal tools including, liens, wage garnishments, and the right to foreclose in many states. Allowing homeowner associations such powerful rights can have severe financial implications, particularly for those relying on fixed income, highlighting the importance of compliance with community regulations.
To guard against unwarranted hardships, take the following steps: Regularly open and read your mail, since homeowner associations often fulfill their obligation to communicate by simply sending letters. Proactively inquire about ‘self-help’ procedures from the board that may help resolve issues for a fee rather than levying fines.
Start negotiations at an early stage, not waiting for legal charges to accumulate. Spend some time reviewing your homeowner association’s covenants to have a clear understanding of the association’s powers and limitations. Watson is coming forward with his story in the hope that sharing his experiences may help others steer clear from similar predicaments.
The post Elderly Georgian Faced with Foreclosure Over Fine Dispute with HOA appeared first on Real News Now.
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