A HOMEOWNER who was dinged by his HOA for leaving a ladder in his front yard is now battling $35,000 in fees, and he can’t afford to keep up the fight much longer.
What started as a dispute over a few minor violations has now descended into a life-altering legal battle.
A homeowner is now facing $35,000 in fines after fighting his HOA over minor violations (stock image)Credit: Getty
The HOA sent him fines and notices for leaving a ladder in his yard (stock image)Credit: Getty
George Watson, 68, is embroiled in a heated fight with his HOA over a dirty wall, a bucket of water, and a ladder leaning up against his house that a worker left.
The minor eyesores were violations of his HOA agreement, so the board alerted him to the issues in September 2022.
However, Watson claims he didn’t see the messages in his mailbox, and was unaware that he racked up $6,750 in fines over the next few months for not cleaning up the mess.
“They had sent me notices in the mail that I needed to get it power washed, which I did not see,” he told the Marietta Daily Journal.
“I didn’t actually answer my mail for months.”
One year after the HOA sent their first notice, the homeowner said he got a legal notice and had no idea what it was about.
Watson then contacted the Cedarlake Townhome Association, which manages his neighborhood in Kennesaw, Georgia, about 40 minutes from Atlanta, and asked what was going on.
The homeowner claims it took more than six weeks to get a response.
By July 2024, the HOA filed a lawsuit to foreclose on his property and collect what it said he owed, which now includes monthly dues, fines, legal fees, and court costs.
Watson who lives on a Social Security income, said his attorney dropped the case last month because he could no longer pay the legal bills.
“The only way I can do it is sell the house […] and in order to sell the house, I’d have to pay them off,” Watson said.
He now owes over $14,000 just to the association, according to court documents.
That figure could climb higher, depending on the outcome of an upcoming court hearing.
‘ABUSE OF LAW’
The association is being represented by by Atlanta-based law firm Lazega & Johanson.
Watson filed a counterclaim, arguing the HOA’s actions were excessive and that their motion for summary judgment should be denied.
“They asked the judge to find me guilty and (be) obligated to pay the money without a trial,” Watson said.
“The cost of that response cost more than the filing of my response the first time.”
He believes the fines are out of proportion and that he addressed the violations when he found out about them.
“They don’t call them ‘yard nazis’ for nothing,” he said.
“It is no longer just harassment, but a serious abuse of the law.”
‘PREDATORY’ HOA
In 2023, Watson said his previous payments were applied toward fines rather than his monthly dues, which led to more penalties stacking up.
He also claims past fines were often dropped after he fixed the issue, including a $2,000 charge for mismatched shutter shades but this time the HOA refused.
According to Marietta Daily Journal, the association argued that his belief that the fines would be waived shows he knew about them all along.
They say he got the notices and chose not to act.
The legal battle is now set to reach Cobb Superior Court on May 15, where Judge Gregory Poole will hear the HOA’s motion for summary judgment.
Watson says he tried to settle the matter without going to court.
But without a lawyer, he’s unsure how much longer he can keep going.
He estimates he’s already spent $30,000 on the case and could spend another $10,000 if it goes to trial.
Lawmakers have taken notice.
Georgia State Senator Donzella James has long pushed for HOA reform, calling some associations “predatory.”
In December, she spoke out at a Cobb County legislative breakfast, urging action to stop associations from taking people’s homes.
Two of her bills, SB 107 and SB 108 aim to regulate HOA elections and force associations to offer mediation before placing liens.
Neither bill made it out of committee this session, but they can be revived next year.
James also co-sponsored a resolution urging the Georgia Department of Community Affairs to investigate HOA abuses.
Meanwhile, Watson is searching for new representation, hoping his case sparks broader change.
Tolley Community Management didn’t immediately respond to a request for comment by The U.S. Sun.