CONYERS, Ga. (Atlanta News First) - Michelle Bernard remembers the challenges she faced when she bought her home in Channing Cove, a subdivision of about 40 homes in Conyers, Georgia.

“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 said.

Nearly two decades later, the business owner, wife and mother feels like she’s still fighting to own her home.

“It doesn’t make any sense for any hardworking individual to go through these things that I have been going through and my neighbors also,” said Bernard, who is one of two residents suing their homeowners association (HOA).

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

Fines and fees lead to liens

Bernard’s is one of five homes in the neighborhood with liens for unpaid fines ranging from $878 to $2,755.

With three common grass-patch areas and a small retention pond, annual HOA dues in Channing Cove were $100 when the builder created the HOA in 2007. Today, they’re $200, but residents say they want proof for anything extra.

Homeowners interviewed by Atlanta News First Investigates said they’ve refused to pay for assessments and fees without proof of where their dues are going, claiming the only financial documentation the HOA shares are typed excel spreadsheets.

Two homeowners said they’ve paid fees just to avoid the possibility of losing their homes.

Atlanta News First Investigates has found there’s little to no regulation on homeowner’s associations in Georgia. Under current law, an HOA can file a lien on a home in court for any amount owed. They can foreclose on homes if a lien exceeds $2,000.

Oftentimes, a homeowner’s only means of fighting fines and liens is to hire a private attorney.

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

Bernard’s lawsuit accuses the Channing Cove HOA of fraudulent charges. It also alleges the HOA has been changing its covenants and bylaws without proper meetings and votes since 2011.

Fines and fees must be “reasonable”

More than two million Georgians live in communities with homeowners associations. Their purpose is to handle community upkeep and issues, but they also have a lot of power over homes.

A metro Atlanta real estate attorney who deals with hundreds of HOA disputes each year said if residents don’t get a private attorney involved early in the dispute, then fees can rack up that result in liens.

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

In Channing Cove, residents are questioning what’s reasonable.

One policy enacted in 2018 said homeowners would face fines if they send out a “mass email” to the community.

Just days after Atlanta News First Investigates spoke with the Channing Cove HOA president, homeowners received two new policies prohibiting them from “divulging personal information” and making “slanderous statements” about other property owners.

According to the policy document, they must write an apology letter within 48 hours of receiving a warning and if it’s against a board member, that’s a $1,500 fine.

Concerns with fines, fees in Channing Cove

One resident received a $400 fine for installing glass windows in his garage without prior HOA approval.

Bernard and some of her neighbors received fines for refusing to pay a $300 assessment in 2018 for pond maintenance in the community. The retention pond of concern is located directly behind Bernard’s home and is a couple yards in circumference.

Homeowners said they noticed inconsistencies in HOA communication regarding the assessment, noting the board claimed there were three ponds on the property and that they received a quote for $32,000 and a quote for $10,000.

They also expressed concerns with how much money the tree company that performed the maintenance actually received. They filed a report with the sheriff’s office, which the Rockdale County records office said an investigation concluded was “unfounded.”

Channing Cove HOA president defends financial transparency

The community also approved a new president last year. He told Atlanta News First Investigates he resigned when he couldn’t get a financial audit.

That left the previous president, Orton Reynolds, in charge.

Atlanta News First Investigates knocked on Reynolds’ door to ask about homeowners’ concerns. He said he doesn’t “know anything about any concern about any financials in the community.”

Reynolds said he could not comment on any pending lawsuits, adding the HOA sends financial documentation out quarterly.

When asked if he would share the receipts with Atlanta News First Investigates, he replied, “What receipts?”

Reynolds denied any wrongdoing or financial impropriety.

Bernard said the HOA is “trying to force me to settle the lawsuit.” Her lien was for less than $3,000, but she says the HOA is offering her a $40,000 settlement while denying most of the allegations.

Bernard said the HOA is trying to make her lawsuit “go away.”

A Rockdale County judge approved the HOA’s motion to enforce the settlement in May, but Bernard said a payout from the HOA’s insurance isn’t accountability.

“I need someone to address this, because it’s affecting our community,” she said.

The community will now also have to pay the legal fees the HOA has incurred, which is showing up in their new budget proposal document as $7,000.

Your rights as a Georgia homeowner

• HOAs must disclose financial documents, including itemized receipts.
• HOAs can file a lien on your home in court for any amount, and can file to foreclose on your home if that fine is more than $2,000.
• Fines and fees need to be “reasonable,” and late fees cannot be more than 10 percent of the fee or assessment.
• Any major changes require a vote from members and amendments to the covenants need to be filed in court.

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