A 77-year-old Cobb County homeowner says a homeowners association has placed a lien on his property after a dispute over exterior maintenance and unpaid fees, a move that could leave him unable to sell, refinance or borrow against his house.
George Watson has lived in the Cedarlake Townhome community since the development was completed in 2001. He said the dispute began during the COVID-19 pandemic, when he developed a fear of mail and stopped checking his mailbox for an extended period. When he finally opened his mail at the end of 2022, Watson said he found a demand from the HOA’s attorney seeking about $6,000 in fees and penalties.
Watson said the charges included legal fees and fines for what he described as minor violations: leaving a bucket of water outside briefly, storing a ladder longer than the HOA allowed and failing to document that he had pressure‑washed algae from siding. He said he had borrowed a neighbor’s ladder and pressure washer and had taken care of the algae, but never filed the written confirmation the association required.
Georgia law permits homeowners associations to place liens on properties for unpaid assessments and allows associations to seek foreclosure once the unpaid balance exceeds $2,000. Watson said his house, which he values at about $250,000, has roughly $130,000 in equity after accounting for an outstanding mortgage balance of about $120,000. He said the HOA has not yet filed for foreclosure but that the lien effectively prevents him from refinancing, borrowing against or selling the property.
Watson, who said he lives on about $20,000 a year in Social Security, said legal costs mounted as he contested the association’s actions. He told reporters he paid about $15,000 in legal fees after being served with a lawsuit, and that after news coverage an attorney for the HOA proposed dropping the $6,000 fine if Watson paid an additional $15,000 toward the association’s legal costs — on top of the money he already had spent.
Watson said he asked the association to use phone or email to communicate because there had been periods he did not check postal mail, and that the HOA had his contact information but did not use it. He also said a member of the HOA board who is also a neighbor previously told him the board’s policy was to drop fines once violations were remedied. Despite sending photos and other documentation showing the work had been completed, he said the association refused to waive the fines.
Watson said he has felt singled out by the association for years, pointing to earlier complaints about landscaping and shutter paint. "They started skipping my backyard in landscaping, said it was ‘too big,’" he said. "I have the nicest house in the neighborhood with the biggest yard."
The dispute in Cobb County comes as state lawmakers are considering legislation aimed at increasing oversight of homeowners associations. In January, Rep. Sandra Scott, D-Rex, joined two other legislators to introduce House Bill 62, the Georgia HOA Accountability and Community Empowerment Act. The bill is awaiting action in the House Governmental Affairs Committee.
"People are having a lot of hard times and troubles with these HOAs, from holding meetings incorrectly to putting fees on [homeowners] … that ultimately end up taking their property, which, I think, is totally wrong," Scott said in a statement to State Affairs. "You should not lose your home because of [an HOA] fee. We must have some accountability."
Advocates for greater regulation have pointed to a series of high-profile cases in Georgia in which homeowners faced large fines or liens and have urged clearer notice requirements, limits on attorney fees recoverable by associations and procedures to ensure homeowners receive timely notice in ways other than mail. Opponents of tighter regulation have argued that associations need tools to enforce covenants and preserve property values.
Watson said he has been negotiating through his lawyer and that the HOA’s property manager, Tolley Community Management, did not respond to requests for comment.
The lien on Watson’s home remains in place. Under current state law, homeowners associations can record liens and pursue foreclosure under certain conditions; how the pending legislation might change those procedures will be decided as House Bill 62 moves through committee and, potentially, the legislature.
Until then, Watson and other homeowners in similar disputes wait for outcomes in individual cases and for possible changes in state policy that could alter the balance between association enforcement powers and homeowner protections.