ATLANTA — Just a day after Channel 2 Action News aired an investigation into people losing their homes over aggressive homeowners’ associations, we have learned that lawmakers plan on refiling legislation to prevent people from losing their homes in the future.
Several state representatives said they will refile House Bill 1032 which would make it illegal for HOAs to foreclose on a home because of unpaid fees.
“This move seeks to address concerns about the potential abuse of assessment fees, which have, at times, been used to unfairly target homeowners,” a news release said.
Channel 2 consumer investigator Justin Gray found throughout his investigation that Georgia homeowners could be up to date on their mortgage, never miss a loan payment, and lose their home to foreclosure by their HOA.
Each month Karyn Gibbons mailed a check for HOA dues on her Gwinnett County condo to the address provided in writing at closing.
But she said she never knew when or if it would be cashed.
“It was just random. I mean there’d be two, three, four, five months go in between checks being cashed,” said Gibbons.
Then out of the blue she was served with a notice of foreclosure by her HOA.
With late fees and thousands of dollars in attorney fees, she owed more than $30,000.
“Did you even know you could be foreclosed on by an HOA?” Gray asked Gibbons.
“No. Never heard of it,” Gibbons said.
Gibbons’ story was one of many that Gray heard about.
Now, lawmakers are working to stop this from happening to anyone else.
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“We drafted this bill because no one should lose their home because of HOA fees/assessments,” said Rep. Sandra Scott. “When a person pays their mortgage and taxes, they have paid the two bills that make them homeowners. People’s American Dream of Homeownership should not be taken away because of fees/assessments. We are asking for homeowners to support HB 1032. We would like to have a hearing and vote when we return to session in January 2025.”
“As a homeowner who, for years, dealt with HOA abuses of authority, power, and lack of transparency, I am committed to ensuring fair treatment and protections for all,” said Rep. Kim Schofield. “Our goal is to address the systemic issues that have caused distress and create a more equitable environment where condo owners feel secure and empowered.”
Another bipartisan bill sponsored by state senator and Rules Committee Chair Matt Brass, a Republican representing Newnan, did pass at the Gold Dome this year to create a study committee examining how to change laws to better protect homeowners.
Brass told Gray the No. 1 topic on the study committee’s agenda will be HOA foreclosures that he said are taking families’ generational wealth.
“To have some outside group come and take that away from me is again, it’s un-American. And we’re not going to stand for it in this state,” Brass said.
Several states have put in place laws limiting HOA foreclosure.
That legislative study committee is expected to start its work likely in late summer.
Brass expects potential bills for the next session to come from the committee.
As chair of the powerful rules committee that decides what bills get a vote on the floor those potential reforms have a bill ally with Brass.
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