I-Team: Homeowners Association Woes

by Dana Fowle
Aired 11-25-15
AUSTELL, Ga. - "Why don't you show up to the meetings with all the people? We're trying to vote you off," yelled a homeowner to the HOA president.
And that right there sums up the friction between the Cobblestone Community's homeowners and their association president Blake Kenya.
"We have had practically no voice, and we want to bring everything back to the community,"
homeowner Merinda Hutchings Donovan told her neighbors.
It was a common complaint from the nearly 50 neighbors who gathered on a Saturday morning to say that their homeowner association president, Mr. Kenya, won't allow new elections and wanted $100 to make copies of the homeowners' association books.
"It's not a dictator situation; we all have something to say," piped in another neighbor.
At the association's recent annual meeting, Merinda Hutchings Donovan, one of the neighbors in this well-kept, middle class, Austell neighborhood, says homeowners asked for new board member elections.
Hutchings Donovan, explained, "He basically stated last month that he was not going to allow it."
So some in the community sent out a flier urging homeowners to meet at the public library to talk about their concerns. Mr. Kenya pushed back circulating his own "alert" calling the meeting a "scam," calling organizers "oppositionists." He said he even notified police.
The Fox 5 I-Team asked him how it's a scam to have a private meeting in a public facility.
"It wasn't private. I have the leaflets, the actual ones that went out. They put the board on there," said Blake Kenya Cobblestone Community HOA president.
He says organizers claimed it was a board meeting. Neighbors say, no, they simply invited the board to attend. Instead of joining in, the Cobblestone Community's message board read that Saturday "No Meeting Today." So a neighbor positioned himself under it to say, yes, there is. Police were called.
The man with the sign told the gathering, "They told Blake I had the right to stand over there. I just want everyone to know he's doing everything in his power to keep us from coming together."
The by laws show that board member terms max out at three years. Neighbors says he's been there long past that. Mr. Kenya himself told the Fox 5 I-Team "It's been a long time."
Another frustrated neighbor said, "One person, not even the president of the United States of America, should have that kind of power."
But, Mr. Kenya said he was in recent years re-elected.
"We held elections. Yes, ma'am. I'm going to let you see everything in writing," he said.
But Mr. Kenya later called to say he couldn't show us any records -voting records, spending records, none of it - because of pending litigation with 15-year resident Stephen Green, "It's comical!"
Homeowner Stephen Green says he didn't pay this year's association dues in protest, in part, over not being able to see an accounting of how their money is being spent.
"I didn't pay this year, but I paid the other 14 years."
The association put a lien on his property. Mr. Green sued saying the Cobblestone Community Homeowners' Association, according to the secretary of state's office, dissolved back in 2005. The association counter-sued calling his lawsuit "frivolous" and "abusive." That same day, Cobblestone re-registered with the state.
Meantime, many of the other neighbors are circulating a petition to have new elections and a fresh start.
"He doesn't want to give it up for some reason. This means a little more to him for some reason, " said Merinda Hutchings Donovan.

[@veronicacougar5687]

OUTLAW HOA'S. TOO MUCH POWER GIVEN TO PEOPLE WHO SHOULD NEVER HAVE ANY.

[@Blobstermcblobster]

I think they could be a good thing but they shouldn't have the power to fine people, or put liens on homes.

[@junegloom1157]

@@Blobstermcblobster There is nothing good about HOAs, they are just scams where someone has authority over others with little to no services provided. They collect fees and then fines over arbitrary rules where the goalposts are often moved without warning. HOAs are traps that make money from false promises of raising property values (controlled by real estate market), they lie!

[@Blobstermcblobster]

@@junegloom1157 I have seen forms of HOA where the entire neighborhood is involved to the point that there really isn't an "official" HOA president. The idea of them is not too bad. But like many things it's not the HOA that is a scam rather than the people in charge. Many HOA officials are just corrupt pos

[@basstard4639]

Hoa bringing communities together is the best joke I've heard in 2022🤣🤣🤣🤣

[@xendava7217]

This the problem with HOAs. They have power they shouldn't have. It's hard to believe this HOA president hasn't violated any laws.

[@jameshaynie4570]

When you have a board member like that, it is time for s forensic audit of the HOA finances from the year before he was elected to the current day.

[@tinaragland267]

Ok people. This guy is stealing. This happened in our neighborhood. The treasurer would not release records or resign. Turns out he had embezzled $13,000.

[@phxmateo]

It is all about the money and the improper handling of the homeowners money.

[@tonystark5-29-70]

If it didn't exist since 2005 then every year that they were accepting dues was fraud! The homeowner should demand a refund for every year that they paid during that time.

[@blackinews5702]

they should have called a IRS auditor..

[@fowlepowell]

When they eventually get the books they will be thoroughly examined, I suspect.

[@gregcamp9875]

What is the IRS going to do?

[@lovemuffin1963]

Greg Camp are you really that stupid?

[@Blobstermcblobster]

@@gregcamp9875 I mean the IRS doesn't play games. The reason Al Capone went to prison was the IRS.

[@karinaashmon]

@@gregcamp9875 their the its. They will grill him and go through everything.

[@blackinews5702]

sound like he is in fear of being unemployed by being voted out...which is legal in a HOA

[@lynn.d1015]

BlackiNews board members receive no pay .

[@mrluigi9923]

call in FBI.....

[@bethshadid2087]

@@lynn.d1015 if they're fudging the books and not showing it then they are probably paying themselves

[@mikeaskme3530]

you buy a home in a HOA community you have created your own problems.

[@KenMabie]

but it dissolved in 2005 .. thats the point there was no HOA since 2005 ..

[@deaconandrewkingtheinspira762]

I really would like a follow up on this HOA story.🤔😒😦

[@doom4067]

He can't embezzle HOA funds if he isn't the HOA president.

[@zenz1624]

A bunch of fools to even buy into a HOA 😆

[@dorseylandria6119]

why would any american dream home owner want to live under an HOA?

[@12dd4ds9]

Difficult to find homes outside of hoa management

[@dbabies82]

I'm betting he was fighting so hard because he was skimming the money. If he leaves, then his replacement will look at the records and see there's money unaccounted for, spent on nothing, or they were overcharged for things (they get friends/family to charge a lot so they can get the difference)... I would love to see an update.

[@PINEAPPLEKELLY3]

I’m going through a foreclosure right now because they put fraud charges on my ledger

[@deaconandrewkingtheinspira762]

A new president needs to be voted in and an accountant needs to go over the HOA Financial books. The current HOA president has probably STOLEN HOA money 💰💰💰💰💰💰💰💰

[@ciacutout]

HOA is a see I eh sk im ops and they will take your home this is how the see I eh is destroying this country

[@akoww1000]

This is the same HOA that bought a home for 3.00 after taking the home from an HOA member over non-payment of dues. they didn't have a public auction like the law says so only the HOA was there to bid

[@holycerberus]

HOAs are the devil everywhere it seems like side note: those are some nice houses!

[@darylrichardson8567]

holy_cerberus they're not WORTH it. Most communities like these are, built on LANDFILLS & their PROPERTY VALUES, never increases.

[@DanielGarcia-zz9eg]

Doesn't want to lose his only power

[@mrluigi9923]

Alien on his house while he does time in the Big House.

[@z_ed]

*sweats in trump post 2020 electoral college results*

[@teranceharris1134]

Embezzlement

[@ReaverLordTonus]

So the HOA was dissolved years prior, suggesting that there was no requirement to pay dues. A homeowner finds out and stops paying dues, HOA files a lein for which there is no legitimate basis as there is no HOA, Homeowner sues because they are not a legitimate HOA and should should be allowed to do so, HOA counter sues on the basis that "he's wrong and being abusive" denying the claim they were unregistered, and yet they re-registered the same day. By re-registering they proved the Homeowner's case that they were not registered at the time they demanded dues and filed the lien and in fact had been dissolved. If they re-registered are they not required to draw up new contracts that require residents to voluntarily sign and join the HOA?

[@janjbowman]

I will never , never , never live in a neighborhood with an HOA!

[@sheiladikshit5110]

of course he doesn't want to give it up. all the lucrative kickbacks, corruption, outright theft, etc. not to mention the power to abuse/harass people.

[@blackamericanlesbianprofes4357]

Thank you for posting this insightful video.

[@pumpkingirl4229]

Association President Kenya is Shady as Hell ..😝

[@kevinpennington8615]

HOA , I WOULDN'T PAY OR ABIDE BY THE RULES EVEN IF I LIVED IN THAT TYPE OF COMMUNITY .

[@sethmooseknuckle]

Does anyone know how this ended up? I tried looking into everything but i can't find anything online except this story. No updates or anything else for 6 years.

[@Chicago_Clout]

Florida HOAs are a nightmare in Florida. We need the Government needs to step in. Open the books.

[@ciacutout]

HOA is a see I eh sk im ops and they will take your home this is how the see I eh is destroying this country The HOA is the g o v e r n m e n t

[@MrDarren5012]

It’s obvious the dude has taken money

[@DJ-vj4vi]

This is why you don't buy a home with HOA fees. Buy a older home cheap for $120K-$290K

[@ciacutout]

HOA is a see I eh sk im ops and they will take your home this is how the see I eh is destroying this country

[@nicogs97]

Anyone know what ended up happening??

[@teslagirl1]

Want to bet he's hiding some malfeasance?

[@jtmunn4496]

He doesn't want to give it up because he stole all the money.

[@PINEAPPLEKELLY3]

Yup that’s how they are.

[@mervintresreyes9650]

Somethings fishy on that HOA president. Looks like he's gona go jail time HOA style.😂😂😂

[@SeatBill]

Is he still there? Cause it seems to me that, according to the Secretary of State's office, if there WAS no legal entity called an HOA for that property, then who was collecting dues, and where is that money? There's a five-letter word for people who take money they have no legal right to: it's called THEFT. Seems to me these people need a good attorney to either (a) force him to certify that the HOA was a LEGAL ENTITY during the ENTIRE TIME people were paying their dues, (b) produce ALL financial and any other records IMMEDIATELY, or (c) refute the results of the special election - IN COURT. If he can't, or refuses, to do any of those things....then call the police on HIM to seize any property (keys, etc.) and records in his possession, and demand that he stop calling himself the HOA President. Bottom line - these good people need a good lawyer!!!

[@bethshadid2087]

A good lawyer in conjunction with IRS

[@Max20FA]

I wonder how he got that new Cadillac.

[@JV-pu8kx]

Perhaps make HOA board elections overseen by the _state_ board of elections.

[@tgreenwood3193]

What board doesnt operate without a Secretary. The state/county/city needs to implement ordinances to govern HOAs.

[@dnache7553]

I refuse to buy a home with a HOA! This is only one reason why.

[@MercedesAshleyOnline]

He must be pocketing their money, enriching himself. That’s why he won’t leave. They need to look into this.

[@janjbowman]

ITS TIME FOR ALL HOA TO COME DOWN !

[@y2kxj]

Dude is worried that he loose or they find out the amount of $$$ he has been stealing from the HOA funds. H

[@Kayer713]

This is why we can't have Wakanda...

[@deloresdixon1676]

Who ever is meeting with Kenya needs to serve him. Make several copies of the papers to serve him.

[@kimpossible1413]

He's been stealing money that's the problem he's trying to hide it

[@lvbadboy]

HOA are great for keeping your neighborhood in order and prestige condition, but if you have the wrong people get on the board watch out.

[@lmfd7373]

The reason you all havent seen anything else about this story is bc the HOA again dissolved in 2016 they have none

[@karinaashmon]

Stop paying them and petition for disillusion of the hoa.

[@wiredawg2005]

I see this is almost 2 years old. I wonder how things turned out. The Covenant/By-Laws should clearly state the Governing Body/Composition, Directors and terms of office. For instance, regarding length of service; "Directors shall not be eligible to serve more than three consecutive two year terms without first resigning from the Board for a time period which shall be the lesser of a) one year; or b) the period of time from the end of 1 annual meeting of the association to the beginning of the next annual meeting of the association. And everyone should be given a copy of the covenant/by-laws. I don't see how this has even gotten to the point it became news worthy. And why wouldn't this I-Team simply ask the Pres & homeowners rules within the covenant/by-laws??? These items should be clearly stated. And what about the rest of the BoD??? Now, the president has a point regarding "physical copies" to be printed though $100 seem very egregious, but the books/finances should be open to any member that is up-to-date on dues. Meaning at every meeting the balance sheet should be open to all members. Minus any personal info. Meaning it should not state "who" is overdue, only how much is expected based on the number of homes and what the actual assets are to-date....I'm pretty sure the HoA can't file for a lien on one's property based off one non-payment, according to Ga state real estate laws. I believe the the amount owned has is over $2000. And that is total incurred debt from dues, fines, etc. And I'm sure this community is not paying over 2 grand annually in dues...feel like we are not getting the full honest story a bit of hedging on both sides.

[@jayparra8574]

John Henley thank you me 2. I have been looking all over KZbin for a follow up video

[@mattk6707]

I was curious too. The only thing I have found so far is that according to the Secretary of State, the new board took over the registration as of November, 2016.

[@earvetta]

Look at the financial records as to what the money is being used for. He could be using it for personal use

[@truneilson]

He spent the money... he knows he is about to be arrested for embezzlement.

[@maryrodger5130]

Today is 3/22/20 so what happened since this upload?

[@Arrietta1977]

He had to be sued to get him out. He filed for bankruptcy including the communities funds. So long story short he got away with it, along with the treasurer. No funds were turned over to the new HOA board. He even kept collecting money from some gullible neighbors that didn't know any better, for a while. In Georgia the HOA board doesn't have to follow the covenant but the neighbors do. No jail time for him. However the HOA board that took over and the current HOA have a lien against his house for non-payment of HOA fees.

[@maryrodger5130]

@@Arrietta1977 Thanks so much for your response Kay A. That's just terrible to have happened to the residents.

[@ToOpen6seven]

@@Arrietta1977 Just horrible - thank you for the update.

[@2KCamaroZ28SS]

To hell with HOA's

[@vbee7365]

another kwame....smh I wouldn't pay a dime .I have never understood why people move in HOA environment. I don't need anyone telling me how to run my home .Move to Germany

[@walnutcreek7337]

v bee to be honest I felt that way many years ago. But when some new people moved into my neighborhood and began trashing the property, the house was dirty and gross, tons of trash in the front and back yard just to name a few thing. After that I saw an appeal for an Association. But I always review their rules and attend the board meetings to make sure that things are on h up and up. Just a thought.

[@moto1p1]

v bee, The Germany move would be a good idea, however, Angela Merkel is doing her very best to turn Germany into a 3rd world shithole, and she's succeding!

[@steverichards1770]

@@walnutcreek7337 Did anyone in your community offer the homeowner help? Did anyone know their situation? Or did neighbors sit around and complain? Does a community expect someone else to do the heavy-lifting? If so, expect corruption and a loss of control. HOA's are devolving into mini dictatorships; this video is one prime example.

[@bd3825]

Why would you want to pay property tax twice? Lol

[@MR..181]

Defrauded by sellers courtesy of hoa directors..

[@sharynerickson7611]

Fox 5 needs to look at our HOA in Dacula. Despite the covenantsstating that each Board member is only elected fir a term of one or two years, the same two officers have claimed to be the entire Board since the homeowners took over the HOA in 2017, and have refused to allow new elections because they now say there has to be a quorum--despite the fact that there have been more homeowners at annual meetings than when they were elected. They repeatedly refuse to allow us to see or give us copies of any financial information. They name new board members when they want more help. They illegally changed to the new POA law without any vote, and have likewise changed the CCRs more than once without any vote. They have filed a huge lien of an amount I am unsure of because of the added fees and charges they say will be added--but more than $30,000--for two fines. One was for adding some beautiful landscaping to the builder's couple cheap bushes--even though there were no CC&Rs about landscaping until they added an illegal one after the fact that everyone had to get all changes pre-approved. That is despite the fact that the Ga. Court of Appeals has issued several decisions banning HOAs from requiring pre-approval--except to standards pre-stated in the CCRs--not to anyone else's preference. The second fine (also without notice and opportunity) was about having to temporarily move some items off my second-floor deck to the concrete patio below so that the builder, D. R. Horton could try to fix my leaking basement (which has still not been accomplished, although I had moved the items back to the deck before I even got the letter notifying me of a fine. Obviously, thousands or tens of thousands of dollars of fines over preferences in appearance--when I get compliments about having one of the prettiest yards in the neighborhood--also violates the unanimous Supreme Court determination in Timbs v. Indiana that state legislatures cannot grant authority to others to assess excessive fines or use excessive punishment. That Supreme Court decision requires legislatures to reform all state laws granting authority to any body to issue excessive fines or punishment--which are unconstitutional. HOAs are one of the worst abusers of individual Constitutional rights because or the

[@sharynerickson7611]

HOAs are one of the worst abusers of individual Constitutional rights because of the authority improperly granted to them by state legislatures. This needs to be immediately corrected by state legislatures to stop the abuses of rights and horror stories so rampant from HOAs because of the powers improperly granted to them--allowing individuals to feel powerful from the improper abuses of authority granted by HOA laws. Now that the Supreme Court has determined that similar types of abuses are violations of individuals' Constitutional rights, this matter needs to be immediately corrected and HOA laws either abolished or seriously revised to stop such abuses of rights. Such abuses of rights are even more egregious when such powers are granted to private individuals or groups than from government bodies because the accountability, proper oversight, and mechanisms for prompt and reasonable correction of errors or oversteps are lacking. These are the reasons HOAs have gotten so out of control and abusive and those violations of individual rights must be promptly corrected and the laws and processes that allow them must be reformed.0

[@johnv5156]

Middle income, not middle class.

[@buzza2077]

He doesn't want to get kicked out cause he knows he will be prosecuted for fraud

[@cwp4eva]

Update?

[@gabeinostroza1034]

kzbin.info/www/bejne/oYS6g5WCidqqis0

[@lovemiraynewgo850]

I have a story about my HOA

[@KNBARON]

The HOA was dissolved....in the 90s they are all owed back fees till the day they re registered as a HOA....HAVE IT BE ...fraudulently re registered

[@MR..181]

Some places the "help" can file finable leins in less time than 2 mail cycles. Very troublesome thought .

[@johnwater22]

lol

[@earvetta]

I would never live in a Hoa community. Telling me what color my home should be painted what trees to plant in my yard. Why pay to be in a community when you can live in a community that's nice for free

[@tigersteele9552]

YOU READ THE CCRS OF THE HOA....A CONTRACT....BEFORE YOU SIGN AND BUY!! THIS GUY...IS A CROOK.....HE HAS...NO CONTROL OVER WHAT THESE PEOPLE DO....THEY CAN MEET....WHEREVER THEY WANT!! THIS GUY....IS TRYING TO....PROLONG HIS FREEDOM....HE WILL END UP IN PRISON....IN THE END!! KEEP FIGHTING THIS...CON MAN!!

[@ozarksfarmerhansen8782]

He has pocked money.

[@nonbiz1520]

This is Donald Trump as an HOA President

[@joelgonzales8342]

Ha, you poor bastards are still obsessed with that man......

[@Kayer713]

@@joelgonzales8342 10 months ago Trump was still the President so why wouldn't people talk about him? Shut up and go back to your cage

[@Brockton153]

@@Kayer713 Shut up and go back to your Mommy's basement.

[@kipwheeler7188]

A narcissist

[@leehank8693]

Yeah it means free money for Blake crook

[@helenthomas6716]

Dude, step down.

[@SeanCasey-cq4dc]

Fools ,their relastate has gone up %150 percent in tbis mans rule .Know you got big housing business stearing tthe pot .Dont fix something thats not broken would love to find out who these abaters are talking to.

[@jattsingh6344]

I hate hoa dont buy the if they have hoa

[@markwright4385]

You may as well live in Putin's Russia.

[@KenMabie]

his name is Kenya .. well there's your problem

[@daitayl7170]

What exactly is the problem?

[@cwp4eva]

Ken Mabie this dude is a trashbag but so are you

[@johnkenny4017]

Typical Democrat steeling money and wants to keep it that way

[@noneya8197]

looks like a room full of rabbits...