Georgia Lawmakers Poised to Take on HOA Abuse
The dream of home ownership within a suburban neighborhood comes with a heavy price.
The dream of home ownership within a suburban neighborhood comes with a heavy price.
The indictment of former President Donald Trump by the Fulton County DA Fani Willis is expected in the coming months based almost exclusively on a phone call made by Trump to Georgia Secretary of State Brad Raffensperger asking for a political favor, "I just want to find 11,780 votes."
The conversation was immediately leaked to media outlets, as Raffensperger positioned himself as an honest statesman who bravely stood on the rule of law.
" All I know is that we’re gonna follow the law, follow the process. Truth matters," said Raffensperger, painting himself as "simple people" to the Atlanta Journal Constitution.
And just in case the image of an honest, simple man who stands on his convictions didn't sink in, he followed up his performance with a book called Integrity Counts.
While all eyes are on Georgia, brewing anger inside a small community just north of the Georgia Capitol is building. At issue is the deliberate deletion of a public document by a member Raffensperger's senior staff , Deputy General Counsel Julie Fisher. The document was filed in April 1995 under then Secretary of State Max Cleland, administratively dissolving Walker's Ridge North HOA, Inc. and stripping it of all authority over residents in the community.
Voters in Georgia balk at Raffensperger's of himself of a man with moral integrity.
It is counterintuitive that anyone would invest in a home that is not legally their own. The dream of homeownership is woven into the fabric of free America, but homes that exist in homeowners associations (HOAs) are hostages to the will of unregulated boards whose power exceeds local, state and federal governments.
In January of 1995, Walker's Ridge North HOA was formed by Eldon Basham with Moore Ingram Johnson & Steele.
On the Monday after Thanksgiving in 2006, the board transferred the front entrance sign and the property about it to an individual homeowner without telling homeowners.
In August of 2006, the same board members who engaged in the illegal land sale hired an attorney to draft new "Amended and Restated Declarations" deleting all financial oversite by members.
Georgia Law requires corporations to keep permanent records of corporate actions, file minutes of all meetings and committees to ensure members are protected. Walker's Ridge North HOA Board Members, but this is not done in this community and demand for the board to follow the law is ignored.
Sign-in sheets reveal homeowners in bad standing. An investigation into them shows black homeowners are four times more likely to be sued or have a lien against them for unpaid dues, while white homeowners are given deals with no legal burden.
Questions related to the actions of board members over the life of the community continue. Homeowners who disagree with the board run and fall short after the election is interrupted with a defamatory question met change the outcome of the election.
A few months after Jimmy Martin is elected treasurer, he knocked down his fence and expanded his property line, taking four feet of community property.
In 2020, the board engages an attorney to gift Walker's Ridge North's Mudd Creek Basin without homeowner approval let alone knowledge of the gift.
Two days before the 2021 annual meeting, letters from two black homeowners were personally delivered to all homeowners outlining serious issues. After receiving the letters, 13 white homeowners sent in proxies to vote in the same board.
Georgia Statutes for Corporations require permanent records of minutes, financial records and corporate actions. Walker's Ridge North HOA has failed in all aspects of this requirement. They do not act as a corporation.
Between 2018 to present, members of the Walker's Ridge North HOA board have spent nearly $100,000 in legal fees. It is alleged that the money has been used to illegally to file liens (illegal because the organization has no authority given the dissolution), fight requests for records, defend current and former board members. The money is supposed to be use to maintain community property.
Board members were discovered to have been funneling money to their own children or friends' children to do "jobs" within the community. One board member created his own property management company and paid himself to manage the community. A homeowner that is a Realtor advertising her business via links on the Walker's Ridge North HOA website.
Evidence of selective enforcement include violations, unpaid dues and fines.
Four meetings with the Cobb County District Attorney and his staff resulted in one of the most shocking meetings that compared the Walker's Ridge North HOA to organized crime groups.
In 2021, prior to testifying against the treasurer, the witness was threatened that her home would be taken from her is she continued. One late night in 2020, one homeowner is terrorized by a late night visitor.
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