ATLANTA — It’s not a neighborhood squabble. It’s abuse of power. That’s the message from homeowners who spoke at a bipartisan Senate committee looking into the state’s laws around home and condo associations.
These associations go by many names but are most referred to as an HOA. Regardless of the name, they are essentially non-profit boards that function as a mini-government with a lot of power to control what happens in that community.
Some homeowners said that unchecked power has led to mysterious fines, liens that allow them to foreclose on their home, and discrimination.
“These are gaping loop holes in the laws that have remained unclosed and we have what I consider to be industry and lobbyists that have grown around those loopholes and want to keep them open,” said David Bozone who fought to remove the board members in his Coweta County neighborhood.
Bozone and his wife Jessica Navas reached out to State Sen. Matt Brass when they felt the board in Belmont Park wasn’t operating properly. They tried to follow the covenant rules to replace the board with new members, leading to a power struggle that involved attorneys.
It also led to Brass requesting the bipartisan study committee to look at HOA leadership. While the September meeting was focused on frustrated homeowners, the next meeting, Oct. 22, will give lawmakers a chance to hear from the property management companies that work with HOAs to collect dues and maintain communities.
“HOA… is a tool, but like all tools, they can be used for good or bad. In some cases they’re being used for bad and that’s the type of stuff we’ve got to put a stop too,” Brass said after the first day of the hearing.
The Bozones said their community does now have a new board and old questionable fines for community violations have been removed. So have the liens that threatened foreclosure, as the board works with homeowners to bring their accounts current.
But to get to this point, they have received several threats, like a vulgar postcard in the mail calling them "pathetic pieces of sh*t." 11Alive blurred a photo of the postcard that is shared below.
They will be in court on Wednesday for a hearing against a neighbor’s adult son, accused of roaming their backyard spreading a mysterious powder while holding a large knife.
Bozone said his family lives in fear, all for trying to make his neighborhood better.
More than a dozen people spoke at the hearing, many of them recounting expensive court battles to save their property or prove their innocence. Others told lawmakers they simple didn’t have the funds to fight.
State Sen. Donzella James has tried before to create an office in Georgia to educate homeowners, guide boards, and resolve disputes outside of court. Her bills have never made it out of committee.
Florida caps fines on violations. And 11Alive Investigates has found five states that don’t allow HOAs to use fines, attorney fees, or community violations to foreclose on a house.
Brass said as soon as people learned he was researching this topic, he started hearing from people across the country.
Brass said he’s not yet ready to talk about solutions, he believes the next legislative session will be different.
“I think there’s more people listening now. More of us, more legislators are listening. We’re now hearing it from all over the state,” Brass said.
The members of the Senate Subcommittee are: Chair, Matt Brass (R-Newnan), Vice Chair Donzella James (D–Atlanta), Majority Leader Steve Gooch (R–Dahlonega), Minority Leader Gloria Butler (D–Stone Mountain) and Senators Brandon Beach (R–Alpharetta), Clint Dixon (R–Gwinnett) and Michael “Doc” Rhett (D–Marietta).
The next meeting will be held Oct. 22 in Room 450 of the Capitol. The public is invited to attend.