ATLANTA — A state senator wants Georgia to hire a point person to help those who live in a homeowners association when problems arrive. She's put forward a new bill this session to help make it happen.
11Alive has reported for years on families trying to fight back against overzealous or poorly managed homeowner’s associations. The common thread in almost every story is a lack of communication.
Whether it's the homeowner who doesn't understand their responsibilities or a board that foreclosures on a home after fines and legal fees mount from a dispute that started over the wrong house color, many believe it's time Georgia found a way to resolve these issues outside of court.
That’s why Sen. Donzella James introduced SB356 in this session to create an office within the Department of Community Affairs to help educate everyone on their rights and responsibilities. She also wants the office to be staffed by an attorney who can mediate disputes and even attend contentious votes when a community wants to replace board members. The bill would also require the office to set up a way to receive and investigate complaints and report its findings to lawmakers. Read the full bill at the bottom of this story.
If passed, HOAs would have to register with the office and report foreclosures.
In Georgia, an HOA can foreclose on a home if the owner owes the community $2,000 or more. SB356, which is co-sponsored by Sen. Michael Rhett and Sen. Gail Davenport, would prevent any foreclosure using debt that stems solely from a covenant or rule violation, such as grass that's too tall or an unapproved change to the home.
11Alive has found at least five states with some kind of HOA ombudsman but not all carry this kind of authority.
Before the session, James said she expects the bill to face a fierce fight.
"Everything is about the money. So somebody is making a lot of money off of allowing these HOAs to be out of control and put liens on people's property for any little thing and then penalties and fees," James said.
James has held several meetings as part of a study committee to hear from the community on the issue. While previous efforts to update HOA laws have failed, there does seem to be bi-partisan support in states around Georgia, like Florida and North Carolina, to take another look at these concerns.
Read the full bill below: