This Atlanta homeowner says her HOA is making life 'a complete nightmare.' How a dispute over mulch turned into $4,000 in fines and a lien on her home

As Atlanta News First reports, the Glen Meadow Community Association has slapped Reyes with over $4,000 in fines and placed a lien on her property — posing a significant threat to her home equity.

“I just want this to stop,” Reyes told the outlet (1). “It’s been a complete nightmare.”

As the news outlet reports, the HOA punished her even though its bylaws explicitly state that homeowners can lay down mulch without prior approval: “No landscaping plan is required to plant existing islands or beds, pine straw, natural chopped bark, or mulch.”

Reyes alleges that she has been targeted in a case of “blatant selective enforcement.” She lays the conflict at the foot of her neighbor, who disputed Reye’s efforts to conduct a land survey.

That same neighbor happens to be the HOA board treasurer. After the issue began, Reyes says interactions with board members and their attorney became adversarial.

A cease-and-desist letter she received even advised her to stop contacting the board directly and hinted that proximity to the treasurer was something she “should have considered before” purchasing her home.

The broad powers of HOAs

Homeowners associations have broad powers spelled out in both their covenants and state law to collect assessments and enforce rules.

In Georgia, if a homeowner fails to pay fines or assessments, an HOA can file a lien against their property (2).

HOA liens in Georgia are legally enforceable and recorded in the county’s land records, giving associations a secured interest.

Longstanding or unpaid liens often need to be cleared before a house can change hands, meaning a dispute like Reyes’ could delay or derail a sale and put long-term equity at risk.

Liens can also hurt credit and complicate a homeowner’s financial planning.

Selective enforcement — when rules are applied to some people but not others — is a serious issue.

Georgia law generally expects governance documents to be applied uniformly, and discriminatory enforcement can be legally challenged.

That means there’s lack of oversight over HOAs, according to attorney Matthew Tokajer of Tokajer Law.

““Unfortunately, they have the power of a little government,” he told Atlanta News First.

As a result, disputes must usually be resolved through internal appeals or the courts.

Why it’s more than just mulch

Reyes’ experience serves as a cautionary example of how HOA enforcement can escalate quickly. And her experience is becoming more common, as homeowner associations play a major role in American housing.

According to This Old House, nearly 1 in 4 Americans (77 million) lives in one of 370,000 HOA communities nationwide (3).