HOA horror stories: Georgia homeowners share nightmarish legal brawls

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About one in five Georgians live in neighborhoods governed by HOAs. One woman whose HOA bought her house out from under her said the associations have too much power.

Georgia residents who have faced foreclosure proceedings and, in at least one case, lost their house to their homeowners association detailed frustrating conflicts stemming from what they described as an abuse of power. 'I would never, ever buy a home with an HOA again,' said Karyn Gibbons. She nearly lost her Gwinnett County condo last year after her homeowners association didn’t cash most of the checks she sent to cover her dues, she said.

Tricia Quigley said she didn’t realize her former HOA had foreclosed on and purchased her Cherokee County house in metro Atlanta for $3.24 until they served her with an eviction notice. 'I don't even know when I'm going to be able to retire now,' Quigley told Fox News Digital. 'I can't buy another house. It just has totally changed my life.' Nearly 2.

Month after month, Gibbons said she mailed a check for her homeowners association dues to the address she was given when she closed on her condo. The first check was cashed around May 2022, she said, but after that, the envelopes started being returned and stamped 'not deliverable.' Gibbons said she would put the payment in another envelope, write the same P.O. Box address on the front, and send it again.

Soon, she started receiving letters from a law firm hired to collect the debt. When the HOA filed a lien on her home, Quigley said she realized it was time to give up the fight. She said she sold her car and brought the attorneys a check for the $2,700 they told her she owed. But a few months later, Quigley said she started getting more bills, first for $3,000 and then for $6,400. She later learned these were post-judgment fees and 18% back interest.

It’s just not possible for someone to have been foreclosed upon out of the blue under Georgia law,' said Howard, who doesn’t represent Quigley’s former HOA, but said broadly that Georgia has 'strict parameters' for levying fines and for foreclosure. Howard added, 'When a lawsuit’s filed, you have to be personally served. So the sheriff would have come out and served them with the lawsuit.

 

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