This Georgia homeowner went to war with her HOA—and won

A Rockdale County, Ga., judge has approved a $40,000 settlement between the Channing Cove Homeowners Association (HOA) and Michelle Bernard — a longtime homeowner who sued the HOA over a disputed lien on her property.

Bernard’s legal battle began after the HOA placed a lien on her home for a little under $3,000, citing unpaid fees.

She responded by filing a lawsuit accusing the HOA of imposing fraudulent charges and altering covenants without proper votes or meetings since 2011, according to reporting by Atlanta News First.

“I told them bring the lien,” Bernard said. “I’m bringing a lawsuit.”

A judge granted the HOA’s motion to enforce the $40,000 settlement in May. Bernard claims the payout — which comes from the HOA’s insurance — is an attempt to “make her lawsuit go away.”

“The HOA is trying to force me to settle the lawsuit,” she said. “I need someone to address this, because it’s affecting our community.”

Widespread concerns

Bernarda — a business owner — said she’s been fighting to fully own her home since buying it nearly 20 years ago in the Channing Cove subdivision, a neighborhood of roughly 40 homes in Conyers, Ga.

“When I came searching in this subdivision, I was advised that I could not afford this subdivision by the Realtor, who did not know about my financial background or anything,” Bernard told Atlanta News First.

Several other residents have expressed concerns about escalating fines, lack of financial transparency, and threats to their property rights.

At least five homes in the neighborhood have reportedly had liens placed on them for unpaid fines ranging from $878 to $2,755.

HOA dues in Channing Cove were originally $100 when the builder created the association in 2007. Today, they’re $200, Atlanta News First added.

But some residents say additional charges, including assessments and fines, are not properly documented or explained.

“They have forced people to pay thousands of dollars and never provided proof they owe it,” Bernard said.

According to Atlanta News First, homeowners say the only financial documentation they’ve received are Excel spreadsheets. Two residents told reporters they paid fees they didn’t believe they owed simply to avoid foreclosure.

Calls for HOA regulation reform

Under Georgia law, an HOA can file a lien on a home for any amount owed, and may pursue foreclosure if the debt exceeds $2,000. But that power has prompted calls for stricter regulation.

“If an HOA is fining somebody $1,000 or $5,000 for not cutting their grass that one time, that’s excessive,” said real estate attorney Patience Kaysee-Saydee in an interview with Atlanta News First. “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. There’s no monetary limit. What the law bases on is reasonableness.”

One homeowner was fined $400 for installing glass windows in a garage without prior HOA approval. Bernard and others were fined after refusing to pay a $300 assessment for maintenance of a small retention pond — located directly behind Bernard’s home — that residents say is only a few yards wide, Atlanta News First added.

Homeowners have also raised concerns about a 2018 policy that penalized residents for sending “mass emails.”

After Atlanta News First interviewed the HOA’s president, homeowners reportedly received additional policy updates prohibiting them from “divulging personal information” or making “slanderous statements” about other property owners — violations that could result in $1,500 fines and mandatory apology letters.

The HOA’s current president — Orton Reynolds — declined to comment on pending litigation but denied any wrongdoing.

When asked about residents’ complaints and requests for financial documentation, Reynolds told Atlanta News First that he “doesn’t know anything about any concern about any financials in the community.”