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HomeBusinessMetro Atlanta Neighborhood Settles For $40k Over HOA Lawsuit

Metro Atlanta Neighborhood Settles For $40k Over HOA Lawsuit

Metro Atlanta Neighborhood Settles For k Over HOA Lawsuit

Two resident sued the Conyers, Georgia subdivision after they received liens on unpaid HOA fines.


A neighborhood in Metro Atlanta offered to settle an HOA lawsuit for $40K after homeowners faced liens on unpaid fines.

Since Channing Cove’s 2007 establishment in Conyers, Georgia, the annual HOA fees have jumped from $100 to $200. The fees reportedly cover three common grass-patch areas and a small retention pond. Five homes in the neighborhood faced liens for unpaid fines, ranging from $878 to $2,755.

Two subdivision residents sought legal action against their homeowners’ association over the fees. They believed the HOA did not provide enough documentation of what the fees went toward.

“It doesn’t make any sense for any hardworking individual to go through these things that I have been going through, as well as my neighbors,” said Michelle Bernard, one of the residents suing the HOA, to Atlanta News First. “They have forced people to pay thousands of dollars and never provided proof they owe it.”

Some homeowners paid the fees to avoid losing their homes, as Georgia law allows HOAs to foreclose on homes if fees exceed $2,000. Homeowners who want to fight paying these fees can typically get a private attorney.

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

Bernard and another resident have accused the HOA of fraudulent charges and changing its bylaws without proper procedure. The Channing Cove residents have now questioned the “reasonableness” of these charges, such as fines if a homeowner sends a “mass email” to the community.

New policies, assumed to be in light of the controversy, also prohibit residents from making “slanderous statements” about property owners. Residents must write an apology letter within 48 hours or face a $1,500 fine if charged with such action.

Other hundreds-of-dollar fines led to residents’ discontent with how the HOA handled alleged infringements. The HOA’s current president, Orton Reynolds, has denied any issues regarding its financial processes. When asked about disclosing receipts for its finances, Reynolds denied having any.

However, Bernard believes that the HOA knows residents are catching up to their wrongdoing. She says she was offered a $40,000 settlement to bury the lawsuit.

While a Rockdale County judge approved the monetary allotment, Bernard still wants the HOA held accountable for potentially charging residents unlawfully. Furthermore, the community will still have to pay for the HOA’s legal fees, which total $7,000 in its budget proposal.

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

Under Georgia law, homeowners in the state are entitled to all financial documents from their HOAs.

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