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'Stop the nonsense': Lawmakers in one state move to give homeowners more rights in HOA disputes

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'Stop the nonsense': Lawmakers in one state move to give homeowners more rights in HOA disputes

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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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State Sen. Donzella James, a Democrat representing Atlanta, has long pushed for limits on homeowners associations’ powers. (Left, iStock. Right, courtesy Sen. James/Facebook)

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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.

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“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.

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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.

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“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.

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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.

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“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.

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Southeast

Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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Atlanta-area police blast parents over vodka martini packed in school lunch: ‘That is NOT apple juice’

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An Atlanta-area police department issued a blunt notice to parents after officers claimed a child brought a vodka-based beverage to school — tucked beside Doritos in a packed lunch.

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The City of South Fulton Police Department sounded off about the incident in a now-viral Facebook post, warning parents to “CHECK. THE. LUNCHBOX.”

“Say Twin… Before you send them babies off to school… CHECK. THE. LUNCHBOX. Because why are we getting reports of juice boxes sitting next to… Cutwater margaritas??” the department wrote.

Officials also shared a photo of the alleged lunchbox, containing what appears to be a child’s lunch, Doritos and a Cutwater Lemon Drop Martini.

The police department shared a photo of a Cutwater canned cocktail in a lunchbox. (City of South Fulton Police Department via Facebook)

“That is NOT Capri Sun. That is NOT Apple Juice. That is a whole ‘Parent had a long night’ starter pack,” the department wrote. “Now little Johnny done pulled up to 3rd period talking about: ‘Who want fruit snacks?’ knowing good and well he got a Lemon Drop Martini in the zipper pocket.”

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Cutwater Lemon Drop Martinis, as found in the lunchbox, are 11% ABV ready-to-drink cocktails made with vodka, triple sec, lemon juice and natural flavors.

They come in 12-ounce cans, similar in appearance to a soda can.

The City of South Fulton Police Department issued a statement after the apparent mishap. (City of South Fulton Police Department via Facebook)

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The department said it understands mornings can be hectic, but issued a stern notice to parents to “TIGHTEN UP.”

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“Your child shouldn’t be the only one in the cafeteria with a beverage that requires an ID,” authorities wrote. “If it says 12% ABV… it does NOT belong next to a PB&J.”

Officials also provided a “quick parent checklist,” with items including: “Homework,” “Lunch packed,” and “Alcoholic beverages.”

Boxes of Cutwater Tiki Rum Mai Tai and Strawberry Margarita canned cocktails. (Gado/Getty Images)

“Check the lunchbox before the Fulton County Schools Police resource officers gotta do inventory at recess,” the department added.

It is unclear if any parents or students were disciplined in relation to the mix-up.

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Fulton County Schools did not immediately respond to Fox News Digital’s request for comment.

The City of South Fulton, Georgia, is a rapidly growing municipality located about 20 minutes from Atlanta and Hartsfield-Jackson International Airport.

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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Federal prosecutor admits ‘extraordinary’ timing in Abrego Garcia smuggling case charges

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A federal prosecutor acknowledged Thursday that the decision to charge Salvadoran migrant Kilmar Abrego Garcia two years after a routine traffic stop was “extraordinary” while defending the human smuggling case as legally justified.

Abrego Garcia, 31, has become a flash point in the national immigration debate since last March, when he was deported to El Salvador in violation of a 2019 court order in what Trump administration officials acknowledged was an “administrative error.” 

The Supreme Court later ruled that the administration had to work to bring him back to the U.S.

After returning in June, Abrego Garcia was taken into federal custody in Nashville and detained on human smuggling charges stemming from a 2022 traffic stop in Tennessee.

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He has pleaded not guilty and is seeking dismissal of the charges on the grounds of vindictive and selective prosecution.

Kilmar Abrego Garcia and his wife Jennifer Vasquez Sura, left, are accompanied by Lydia Walther-Rodriguez, right, of We Are Casa, as they leave the federal courthouse, Thursday, in Nashville, Tenn. (AP Photo/George Walker IV)

A 2019 court order prevents Abrego Garcia from being deported to El Salvador after an immigration judge determined he faced danger from a gang that had threatened his family. He immigrated to the U.S. illegally as a teenager and has been under the supervision of Immigration and Customs Enforcement (ICE). 

Abrego Garcia was accused in court records of repeated domestic violence against his wife, who alleged multiple incidents of physical abuse in protective order filings. She later withdrew the protective order request and has defended her husband publicly. 

The Department of Homeland Security has also said he was living in the U.S. illegally and has alleged ties to MS-13, disputing portrayals of him as simply a “Maryland man.” His attorneys have denied the gang allegations.

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Tennessee Highway Patrol body camera footage from when Abrego Garcia was pulled over for speeding shows a calm exchange with officers. While officers discussed suspicions of smuggling among themselves — noting there were nine passengers in the vehicle — Abrego Garcia was issued only a warning.

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A woman holds a sign in support of Kilmar Abrego Garcia in front of the U.S. District Court in Nashville. (Getty Images )

First Assistant U.S. Attorney for the Middle District of Tennessee Rob McGuire, who was acting U.S. attorney in April 2025, testified Thursday that his decision to charge Abrego Garcia was based on the evidence.

“I had previously prosecuted several human smuggling cases,” McGuire said, noting that after seeing video of the traffic stop, “I was immediately struck by how similar what was being depicted in the body cam was to those investigations.”

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McGuire said Abrego Garcia’s vehicle belonged to someone with “a human smuggling background” and added that the route was “suspicious.”

“It was a large number of individuals traveling in one SUV with a driver who spoke for the group. No one had luggage… the car had Texas plates… the route was suspicious,” McGuire said.

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Kilmar Abrego Garcia arrived at the federal courthouse, Thursday, for a hearing on whether the charges against him should be dismissed. (AP Photo/George Walker IV)

During cross-examination, McGuire acknowledged that the timing of the charges, coming so long after the traffic stop, was “extraordinary.”

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He said he had not previously been aware of the traffic stop but reiterated that nobody in the Trump administration, including the White House or the Department of Justice, pressured him to seek the indictment.

When asked about whether he might have felt pressure to prosecute the case, McGuire said, “I’m not going to do something that is wrong to keep my job.”

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Kilmar Abrego Garcia, right, and his brother Cesar Abrego Garcia, center, arrive at the Immigration and Customs Enforcement field office in Baltimore, Aug. 25, 2025. (AP Photo/Stephanie Scarbrough)

McGuire also said timing factored into charging Abrego Garcia since he was being held in El Salvador, and he did not want the indictment to go public before all senior officials were briefed on the matter.

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“I knew from the get-go that this was going to be a controversial matter,” McGuire said.

U.S. District Judge Waverly D. Crenshaw did not make a ruling Thursday and said he would wait to receive post-hearing briefs from attorneys by March 5 before determining whether another hearing is necessary.

Crenshaw previously found some evidence that the prosecution “may be vindictive” and that prior statements by Trump administration officials “raise cause for concern.”

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Thursday’s court appearance came after a federal judge blocked the Trump administration from re-arresting Abrego Garcia into federal immigration custody on Feb. 17.

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Fox News Digital’s Breanne Deppisch, Jake Gibson and The Associated Press contributed to this report.

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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GOP Rep Nancy Mace introduces ‘Death Penalty for Child Rapists Act’

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Rep. Nancy Mace, R-S.C., has introduced a bill to authorize the death penalty as a potential punishment for the sexual abuse of children.

“We have zero mercy for child rapists. Those who prey on our most vulnerable deserve the harshest consequence we can deliver,” Mace said in a statement.

The proposal is aptly called the “Death Penalty for Child Rapists Act.”

Rep. Nancy Mace, R-S.C., announces she will run for South Carolina governor during a press conference at the Citadel in Charleston, South Carolina, on Aug. 4, 2025. (Tracy Glantz/The State/Tribune News Service via Getty Images)

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“No predator should be allowed to walk away from the most unthinkable crimes against children,” Mace noted. 

“This bill is simple. Rape a child and you don’t get a second chance, you get the death penalty. We will never apologize for protecting America’s children,” Mace added.

The bill would put capital punishment on the table as an option to punish those who sexually abuse children.

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Rep. Nancy Mace, R-S.C., attends the inauguration of President-elect Donald Trump in the Rotunda of the U.S. Capitol on Jan. 20, 2025, in Washington, D.C.  (Kevin Dietsch/Getty Images)

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“INTRODUCING: The Death Penalty for Child Rapists Act to amend Title 18 to authorize the death penalty for aggravated sexual abuse, sexual abuse of a minor and abusive sexual contact offenses against children. It will also amend the Uniform Code of Military Justice (UCMJ) to authorize the death penalty for the rape of a child,” she said in a post on X.

“We’ve spent months fighting to expose Jeffrey Epstein’s network of powerful predators. We’ve demanded accountability and pushed for transparency. Now we’re making sure anyone who rapes a child faces the ultimate consequence,” she noted.

Mace has served in the U.S. House of Representatives since early 2021. 

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