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Fieldstone Farms HOA in Rock Spring, GA violated its own Covenants Conditions and Restrictions in an effort to file a lawsuit against my husband and myself. According to their own rules, they MUST seek mediation first. This did not happen.
According to their own Covenant Conditions and Restrictions "Similarly situated Owners shall be treated similarly" In the filing of the lawsuit, they attempted to selectively enforce rules against my husband and myself that they did not enforce against other residents. Rules such as parking in the garage, and having an un-skirted deck, etc.
Fieldstone Farms ignored Georgia state statute of limitation laws in their lawsuit. They failed to pick up a certified letter in the mail, and failed to respond to other letters.
Fieldstone Farms called 911 a total of three times while each and every board member who always make themselves scarce, dropped everything they were doing so they could follow my child and I removing missing cat fliers fast than we could put them up, yell at and harass a minor child telling her she would be sorry. Was this a threat?
I am not even an owner, and my name should have never been on that lawsuit, but that mattered little to them.
Even after I moved and filed bankruptcy, they still did not remove my name from the lawsuit. They even violated the automatic bankruptcy stay because they were very concerned with collecting the rest of the $300 in yearly dues.
Fieldstone Farms also decided that even a bankruptcy discharge meant nothing to them and took out an illegal $15, 000 lien against the house my husband still owned in an effort attempting to collect their attorney fees. Please keep in mind no judge or jury awarded them $15, 000, the lawsuit was not yet even dismissed. They decided to release the lien, but that was probably because I notified the court of what they had done.
When I contacted the HOA attorney, he refused to communicate and stated that I was deficient in the English language. I was defending myself, I did not have an attorney, and he had an obligation to communicate with me in the same way he would with any attorney.
The attorney for Fieldstone Farms badgered me to the point I could not stop crying in a bankruptcy discharge violation hearing. The judge awarded us a small amount of money for their violation of federal law. Fieldstone Farms attempted to force us to sign a contract to collect.
Fieldstone Farms only agreed to a joint dismissal AFTER the new owner who purchased my husbands house at a foreclosure auction had already changed the brick. The lawsuit should have been dismissed long before, in fact it should have never been filed in the first place.
One has to ask, when there is clear disregard for their own rules, state and federal laws, why there are no consequences for their actions?
