Lawmakers in Georgia are taking aim at homeowners associations after hearing horror stories from residents who have been fined, sued and threatened with foreclosure.

“It’s not just here in Georgia. It’s all over, and it’s a national problem right now,” state Sen. Donzella James told Fox News Digital. “It’s just Georgia is one that people are furious over some of the things that’s happening.”

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More than 20% of the Peach State’s population lives in neighborhoods governed by community associations, according to 2021 data from the Foundation for Community Association Research. The foundation estimated HOAs collect almost $3.2 billion each year from Georgia residents.

Dues payments can cover shared facilities like gyms and pools, as well as maintenance, and HOAs can fine homeowners if they violate association covenants or fall behind on their dues.

James noted that HOAs began as a way to improve “quality of life” in communities. But homeowners across the state have complained that their associations unfairly hit them with fines, cut off their water after they fell behind on dues and even foreclosed on their homes.

“There are some predatory HOA fees and they have nothing to control them,” James, a Democrat representing Atlanta, said. “And so our biggest problems with that is that people are being … abused and losing their homes over petty things.”

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One woman told lawmakers she faced a $25,000 lien after installing a rock garden in her yard, The Atlanta Journal-Constitution reported late last year. A realtor said a client was threatened with $84,000 in arbitrary fines, which dropped to just $600 after they got a lawyer.

“Most people don’t have that extra $5,000 for an attorney,” the realtor testified. 

This spring, the state legislature overwhelmingly passed House Bill 220 requiring community associations to notify a home or condo owner in writing of any covenant violations and give them time to fix them before pursuing legal action. That law takes effect July 1.

The Senate also passed a resolution creating a study committee to look into HOA rules and potentially pass more legislation protecting property owners. James, a Democrat, pushed the bill for two years before it finally passed, now with bipartisan support.

“We want to make sure that we just stop the nonsense, take care of the people and not put people out of their dream homes,” James said.

But other bills that would have created an ombudsman’s office to investigate HOA and homeowner disputes, as well as strip HOAs of their ability to foreclose on homes once a member owes $2,000 or more, failed to pass this year.

Tricia Quigley lost her home of nearly two decades after a prolonged battle over dues payments. Attorney fees and interest spiraled out of control, so even after she paid the original debt, she was thousands of dollars in the hole.

Her HOA foreclosed on her house and bought it for $3.24 at auction, according to an 11Alive investigation.

“I don’t even know when I’m going to be able to retire now,” Quigley told Fox News Digital. “I can’t buy another house. It just has totally changed my life.”

Georgia law allows HOAs to put a lien on a member’s home and file for foreclosure as soon as they owe $2,000. House lawmakers plan to refile a bill next year that would take foreclosure off the table. (iStock)

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Julie Howard, an Atlanta-based attorney who represents homeowner and condominium associations, said there are already “due process” requirements before HOAs can foreclose on a home.

“The governing documents are there for the benefit of everyone in the community and the owners elect the members of the board of directors that enforce … the documents that everyone agrees to abide by when they buy in the community,” Howard said.

And when people don’t abide by those rules, their HOA is entitled to levy late fees, fines and even foreclose on members’ homes under the Georgia Property Owners’ Association Act — drafted in part by one of the main Atlanta law firms that represents HOAs.

Howard said residents are usually allowed to request a hearing before their HOA board to challenge fines and that owners should be notified every step of the way.

“It’s just not possible for someone to have been foreclosed upon out of the blue under Georgia law,” she said.

James’ colleagues in the state House have already announced plans to refile their version of the bill that would bar HOAs from foreclosing on homes because of unpaid fees.

“My commitment has always been to ensure that property owners have their rights safeguarded and that we foster a fair and transparent system,” Rep. Viola Davis said in a May news release. “The end results must protect the American Dream of Homeownership.”

Davis and her two co-sponsors, all Democrats, hope to get the bill to a vote when the legislature returns to session in January.

A mother was recently arrested after she allegedly left her young daughter in a hot car before clocking into work.

The Charlotte-Mecklenburg Police Department (CMPD) announced the arrest of Ashlee Stallings, 36, on Thursday. The mother has been charged with involuntary manslaughter and child abuse by willful act causing serious injury related to the death of her 8-year-old daughter.

In a press release, police explained that Stallings’ daughter was found in critical condition in a hot car in Charlotte on Wednesday. Officers were alerted to the situation around 6:30 p.m.

“Upon arrival, officers located an 8-year-old female in critical condition inside of a vehicle,” the police’s statement read. “The victim was transported to the hospital and was later pronounced deceased.”

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“Upon further investigation it was determined that the victim was left in a vehicle in hot weather conditions and suffered a medical emergency.”

The girl’s cause of death was listed as a brain herniation due to hyperthermia, according to an arrest affidavit obtained by WTVD. In the affidavit, police reported that Stalling returned to her car and found her daughter breathing shallowly and foaming at the mouth. 

The mother then used a hammer to break open the back window and attempted to drive to a hospital before stopping and asking a local business for help. The suspect told police that she was aware of the fact that her daughter was in the car, but that she left air conditioning on. 

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The Charlotte-Mecklenburg Police Department responded to the report of the young child in distress.

Stallings “believed the victim turned the car off because she was cold,” the affidavit said.

“She admitted she knew the temperature was 94 degrees outside and that she should not have left the victim inside the car alone,” police added.

Stallings was transferred to the custody of the Mecklenburg County Sheriff’s Office after her arrest. 

Fox News Digital reached out to the CMPD for more information, but has not heard back.

A new bill granting state law enforcement officials more power to remove squatters and raising criminal penalties for offenders went into effect Monday, potentially giving Florida homeowners the tools to protect their property while circumventing lengthy court processes.

In a video posted to X, Gov. Ron DeSantis said his state is “ending this squatter scam once and for all” with HB 621.

“While other states are siding with the squatters, we are protecting property owners and punishing criminals looking to game the system,” DeSantis said at a press conference at the Orange County State Attorney’s Office after signing the bill in March. 

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“We’ve got people that will be here for seven months of the year, and then they’ll go to Michigan or New York or even Canada. You come back after the summer and someone’s in your house, and then they just get to stay there for six months. Now in Florida, you call up, you fill out a form, the sheriff comes, and the sheriff kicks him out of your property,” DeSantis previously told Sean Hannity of the law.

“If we don’t have private property rights, we will not have a free society, so it is the bedrock Florida stands by, and we’re proud to do it,” he continued.

Attorney Kevin Fabrikant, supervisor of Florida’s Eviction Law Firm, told Fox News Digital that Florida’s legal process for removing a squatter from a property was among the fastest in the country even before the bill’s passage, typically taking about a month.

Comparatively, squatters in states like New York and California have become a months-long headache for some homeowners.

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But it can be costly for homeowners, Fabrikant said, starting with a $300 filing fee and then, generally, expensive legal representation.

But under the new law, law enforcement officers whose hands were previously tied will be able to circumvent the court process and carry out evictions, so long as the homeowner files an affidavit and the intruder meets several criterion:

“If you’re a squatter, I wouldn’t come to Florida to live.”

— Attorney Kevin Fabrikant

The squatter must have unlawfully entered the property, must have already been asked to leave by the homeowner, cannot be a current or former tenant of the home, and cannot be an immediate relative of the homeowner looking to get them off their property.

“It’s designed for a very narrow situation – if you let somebody into your property and you want them out, it likely may not apply,” Fabrikant said.

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An Atlanta property owner says squatters ripped wires out of the walls and caused tens of thousands of dollars worth of damage. (Fox News)

A standard removal fee with an area sheriff’s department would cost $90 in most Florida counties and $115 in Miami, Fabrikant said.

“If you’re a squatter, I wouldn’t come to Florida to live,” Fabrikant said. 

Once officials verify ownership and deem the complainant eligible, the sheriff must remove the squatter, according to the new legislation.

Those who “encourage or engage in squatting” will face increased penalties under the law, the bill reads. 

Squatters who forge leases or other proof of residence will face a first-degree misdemeanor for false written statements or falsifying documents. 

Anyone who causes $1,000 or more in damages while occupying a property can now face a second-degree misdemeanor.

“Somebody breaks into the house, destroys the house, that’s [the type of person] the governor intended [to police with this law],” Fabrikant said. “Those people cause immeasurable damages to have handymen or contractors fix what these squatters are doing to a property.”

Anyone who knowingly advertises the sale or rent of residential property without permission from the owner will now be subject to a first-degree felony.

“Sometimes, Bob Squatter turns around and finds some people,” Fabrikant said. “Now you have to remove Bob Squatter and all these random people who [may not be aware that they’re illegally living on the property].”

It is unclear how law enforcement in Florida will operate under the new law. 

“They’re on the spot having to make a decision about whether a person qualifies under these scenarios,” Fabrikant said.

“There are times when the sheriffs are put in a tough spot because of the language and the claims that the occupant might make,” Fabrikant said. “In all likelihood, the sheriff’s office will be liable to a civil suit… if they remove someone wrongfully they would tend to get sued.”

Martin County Sheriff William Snyder previously told “Fox & Friends First” that he believes the law will “absolutely” alleviate the situation.

“There’s a real technicality when you go out to a home and somebody proffers that they live there, then the legitimate owner has proved that it’s their house,” he said in March.

“It gives us teeth to enforce the law and to return the home to the rightful owner,” he said. “We’ll go right out there, and it’s our intention here in Martin County to get that home back into the hands of the rightful owner and get the trespasser out… and then I will provide them [the squatter] housing. They will not be unhoused. I’m putting them straight into my jail.”