Taking People’s Property for a Fee Should be Criminal: Urgent Call for Action in Georgia

By State Representative Sandra Scott (D-Rex) 

(463 words)

In the heart of the American South, a troubling practice is silently eroding the dreams and livelihoods of hardworking Georgians. Homeowners across the state are finding themselves in a harrowing predicament, facing the very real possibility of losing their homes over unpaid homeowner association fees as low as $700. It is a crisis that demands immediate attention, and it is time for the Georgia General Assembly to take decisive action on behalf of its constituents.

Reports have been flooding in of homeowner associations placing liens on properties, alleging fee arrears and failing to engage in meaningful communication with homeowners. The consequences are dire as homeowners are trapped in a nightmarish cycle of unanswered calls, ignored emails and elusive lawyers, all leading up to a day in court. Tragically, the absence of legal representation often results in unfavorable judgments, leaving homeowners without any recourse and their homes seized.

On Thursday, November 9, 2023, we heard dozens of heartbreaking stories of Georgians who had been wrongfully dispossessed of their homes. One major concern is that many individuals serving on homeowner association boards do not reside in the neighborhoods they oversee. This glaring disconnect raises serious questions about their suitability for such positions and underscores the urgent need for legislative intervention.

Adding to the despair, homeowners are being burdened with exorbitant legal fees, while receiving little to no assistance from the attorneys they hire. The courts, regrettably, appear to be accommodating this troubling practice, leaving many Georgians in a dire predicament with seemingly no way out.

It is time for the state of Georgia to intervene and address this fraudulent practice. Homeowners dutifully make their monthly mortgage payments, pay their property taxes and contribute to their communities and counties. Homeowner association fees should be treated as a separate entity and should not be tied to mortgage statements or property taxes. No Georgian should lose their home over a fee when their mortgage and taxes are up-to-date.

The American dream is founded on the principles of hard work, perseverance and the pursuit of happiness. To have this dream stripped away over a nominal fee is absurd and a disgrace to the state of Georgia. The General Assembly has a moral obligation to repeal this unjust law and protect the fundamental rights and homes of its citizens.

We recognize that unjust fees and unscrupulous practices should not undermine the right to property, which is enshrined in our nation’s principles. Georgians deserve to live in homes free from the constant threat of forfeiture. The time for action is now. Let us stand together, urge our legislators to act swiftly and restore the sanctity of homeownership in our state. Our fellow Georgians are counting on us to make their voices heard and to ensure that their American Dream remains intact.

Representative Sandra Scott represents the citizens of District 76, which includes portions of Clayton County. She was elected to the House of Representatives in 2010 and currently serves as the Minority Caucus Chief Deputy Whip. She also serves on the Banks & Banking, Defense & Veterans Affairs, Human Relations & Aging, Insurance and Reapportionment and Redistricting committees.

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