Georgia Couple Fight Foreclosure Amid Disputed HOA Debt That Skyrocketed to $20,000
A DeKalb County couple are embroiled in a legal battle to save their home from foreclosure, claiming a disputed $8,000 homeowners association bill has ballooned to $20,000 due to charges predating their ownership.
A Georgia couple faces the potential loss of their home due to a homeowner's association (HOA) dispute that has escalated from an $8,000 bill to approximately $20,000. Tatiana Pimentel and her fiancé, Obren Cicmil, are challenging the Whitehall Forest East Condominium Association's foreclosure attempt, which claims Pimentel owes fees accumulated years before she purchased her condo in 2024 with her life savings.
Pimentel bought the condo in DeKalb County, near Atlanta, for $122,500. Closing documents indicated no outstanding HOA balance. However, less than a year later, the association initiated foreclosure proceedings, alleging Pimentel owed $8,000 in unpaid fees, some dating back to before her ownership.
The couple's concerns extend beyond the escalating debt, centering on the lack of transparency regarding how the charges were calculated. "We have repeatedly asked for documentation showing how these amounts were calculated," Cicmil stated.
Further complicating the dispute is the HOA's operational history. State records show the association had been inactive for nearly three years before Pimentel's purchase. It was reactivated in 2024, with Dean Heard assuming the role of president shortly after Pimentel acquired her unit. Residents interviewed by Atlanta News First reported no recollection of voting for Heard or receiving notice of the meeting where he was purportedly elected.
Heard told Atlanta News First that he was never elected president but took over the role after the previous president was removed. Court filings suggest Pimentel's property had accumulated over four years of arrears, despite her owning it for less than two years and her purchase documents showing no prior debt.
Adding to the confusion, the individual who signed Pimentel's closing documents as HOA president, Antonio Smith, was not listed as the association's head in state records. The HOA's name on Pimentel's paperwork also differed from the official registration. Smith reportedly instructed Pimentel to send HOA payments to a UPS mailbox.
Pimentel and Cicmil reported receiving demands for the previous homeowner's alleged back fees after they began contacting county code enforcement and police about conditions in their development, which included boarded-up homes and non-functional infrastructure.
The situation has taken a significant emotional and financial toll on the couple. "This is our home, and having the possibility of losing it hanging over us for such a long period has affected both of us emotionally and financially," Cicmil said. Their attorney, Candace Sneed, is representing them pro bono.
Broader Community Financial Issues
The dispute occurs within a larger financial crisis affecting the 100-home Whitehall Forest community. As of March, DeKalb County reported approximately $5.1 million in past-due water charges and an additional $24,000 in unpaid trash bills for the community. Heard indicated that about 60 percent of homeowners are not paying their HOA dues, hindering the association's ability to cover expenses and necessary repairs. The HOA charges each household $143 per month for water, trash collection, lawn care, and roof repair.
Residents have also voiced concerns about the HOA's leadership and finances, questioning board elections and seeking access to financial records, books, and bylaws. Heard stated he took over after discovering financial irregularities, reporting to the police in 2022 that the former president allegedly diverted $3,550 in closing costs into a personal business account.
Georgia law allows for the reinstatement of dissolved nonprofit corporations within five years, with the reinstatement relating back to the date of dissolution. This provision might explain how an association listed as dissolved at the time of Pimentel's purchase could pursue charges from before that date. However, the enforceability of these charges against Pimentel remains a point of contention in the ongoing legal proceedings.
The couple and other Whitehall Forest homeowners have launched a GoFundMe campaign to help cover legal costs, aiming to raise $25,000. As of September 29, the fundraiser had garnered approximately $6,200 from 10 donors.
Cicmil emphasized that their fight is about more than their individual bill, noting that other homeowners have raised similar concerns about transparency and community management. "When homeowners cannot easily obtain basic information about their own HOA's finances, meetings, leadership, and decisions, it creates distrust and uncertainty throughout the community," he said.
Georgia recently enacted new legislation aimed at increasing HOA oversight, including financial records and foreclosure procedures. These new rules are scheduled to take effect in January 2027 and will not impact Pimentel's current case.
The allegations against Pimentel have not been proven in court, and the litigation is ongoing. The Daily Mail has contacted the Whitehall Forest East Condominium Association for comment and is awaiting a response.