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According to Channel 2 investigation, lawmakers want to refile bill to stop HOAs from taking over people’s homes – WSB-TV Channel 2

ATLANTA – Just one day later Channel 2 action news aired an investigation into people who have lost their homes due to aggressive homeowner associationsWe’ve learned that lawmakers plan to introduce new laws to prevent people from losing their homes in the future.

Several state representatives said they would refile House Bill 1032, which would make it illegal for HOAs to foreclose on a home over unpaid fees.

“This move is intended to address concerns about the potential abuse of assessment fees, which have at times been used to unfairly target homeowners,” a news release said.

Justin Gray, Channel 2 consumer researcher found during its investigation that Georgia homeowners could stay current 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 the HOA dues on her Gwinnett County condo to the address she provided in writing at closing.

But she said she never knew when or if it would be redeemed.

“It was just a coincidence. I mean, there would be two, three, four, five months between the checks being cashed,” Gibbons said.

Then, out of the blue, she was served with a foreclosure notice from her HOA.

Along with thousands of dollars in late fees and legal fees, she owed more than $30,000.

“Did you even know you were facing foreclosure by an HOA?” asked Gray Gibbons.

“NO. I’ve never heard of it,” Gibbons said.

Gibbons’ story was one of many Gray heard about.

Now lawmakers are working to prevent 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 a homeowner. People’s American dream of owning a home should not be destroyed by fees/assessments. We urge homeowners to support HB 1032. We want to hold a hearing and vote when we return to session in January 2025.”

“As a homeowner who has dealt with HOA abuse of authority, abuse of power and lack of transparency for years, I am committed to ensuring fair treatment and protection for all,” said Rep. Kim Schofield. “Our goal is to address the systemic issues that have led to problems and create a more equitable environment where condo owners feel safe and empowered.”

Another bipartisan bill introduced by State Senator and Rules Committee Chairman Matt Brass, a Republican who represents Newnan, passed the Gold Dome this year to create a study committee to examine how laws can be changed to better serve homeowners to protect.

Brass named Gray the No. 1 issue on the study committee agenda will be HOA foreclosures that he said they take generational wealth away from families.

“Again, it’s un-American for an outside group to come and take that away from me. And we will not tolerate that in this state,” Brass said.

Several states have enacted laws restricting homeowner association foreclosures.

This legislative study committee is expected to begin work in late summer.

Brass expects the committee to present possible draft legislation for the next session.

As chairman of the powerful Rules Committee that decides which bills come to a vote, these potential reforms have a legislative ally in Brass.

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