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Homeowners Face Foreclosure After Developer-Run HOA Raised Monthly Fees to $2.5K

Posted on 11/2/26 at 11:48 am
Posted by djmed
Member since Aug 2020
4430 posts
Posted on 11/2/26 at 11:48 am
damn.

Homeowners Face Foreclosure After Developer-Run HOA Raised Monthly Fees to $2.5K


Homeowners in a North Carolina subdivision are worried for the future of their homes, after the community's developer-controlled homeowners association jacked up monthly fees this week to $2,500, up from $158 just a few years ago.

Residents of the Magnolia Cove subdivision in Catawba County are concerned about liens being put on their homes if they are unable to pay, and the possibility of bankruptcy or foreclosure.

After the developer-controlled HOA voted this week to raise dues, homeowners will now see their monthly fee increase to $2,500 on Jan. 1, 2027—and many fear they will lose their homes if they are unable to pay the steep fees on top of their mortgages.


“My concern is that, come January, I may have to walk out of this house and never look back,” a homeowner, who wished to stay anonymous for fear of legal retaliation, tells Realtor.com®. “I'll have to find a new place to live, which will cost money. The equity that I would have in this home would be gone, and I would like to have been able to leave that to my son and his family someday.”

The Magnolia Cove HOA is run by the community’s developer, Aaron Guess, and his company Story Homes. Just four years ago, dues for the 80-home community sat at a reasonable $158 per month, resident Jill Menson told WSOC. Those fees rose first to $350 and then $1,250 earlier this year.
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The HOA says that large legal expenses were amassed while defending the claims brought by the homeowners, which greatly affected the 2027 budget.

“Those legal bills are now the single largest item in the Association’s budget. The responsibility for paying those bills rests with the owners,” the statement reads.


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Posted by tigersbh
Baton Rouge
Member since Oct 2005
13633 posts
Posted on 11/2/26 at 11:49 am to
Avoid HOAs like the plague!
Posted by Magnus
San Diego
Member since Sep 2019
2199 posts
Posted on 11/2/26 at 11:50 am to
developers are slightly above used car salesman...scum
Posted by BrianKellysbuyout
Member since Nov 2025
2765 posts
Posted on 11/2/26 at 11:51 am to
They all need to continue suing and bankrupt the developer. If the developer goes insolvent, they can then fight to have the liens removed. There is no alternative for them except to try this route as it appears the developer is an idiot and will ruin everyone's lives just to prove a point.

ETA: there is no way at this point that the developer moves from this unscathed. He'll never collect all of those legal fees.
This post was edited on 11/2/26 at 11:52 am
Posted by Odysseus32
Member since Dec 2009
10393 posts
Posted on 11/2/26 at 11:51 am to
That’s absurd.

Not absurd as in outrageous, but absurd as in it’s laughable.

Just don’t pay. Maybe everyone make him know that you aren’t paying and that if he tried anything by the legal system that’s his choice.

Know what I mean?
Posted by go ta hell ole miss
Member since Jan 2007
14948 posts
Posted on 11/2/26 at 11:52 am to
If you cannot run an 80 home HOA on $144k per year then there are some breach of fiduciary duty issues. The HOA should be sued and forced to open up the books.
This post was edited on 11/2/26 at 11:53 am
Posted by notsince98
KC, MO
Member since Oct 2012
22592 posts
Posted on 11/2/26 at 11:56 am to
the residents did it to themselves. Dumb.
Posted by notsince98
KC, MO
Member since Oct 2012
22592 posts
Posted on 11/2/26 at 11:57 am to
quote:

The HOA should be sued and forced to open up the books.


If you read the article, people taking the HOA to court is why the fees went up. Who pays the HOA legal fees? The residents.
Posted by TheFonz
Somewhere in Louisiana
Member since Jul 2016
23846 posts
Posted on 11/2/26 at 11:57 am to
quote:

The HOA says that large legal expenses were amassed while defending the claims brought by the homeowners, which greatly affected the 2027 budget.


So, douche HOA jacks around homeowners, gets sued, then jacks around homeowners more to pay legal bills (or get revenge).

Sounds like if could become one of those rare Ken McElroy situations where someone gets whacked and ain't nobody seen nothin'
Posted by Snipe
Member since Nov 2015
17571 posts
Posted on 11/2/26 at 11:59 am to
quote:

Avoid HOAs like the plague!


Obviously this, but something is amiss here. Why did the developer retain control over the HOA and fee schedule?

I've owned 7 houses, moistly new build and new constructions in new developments, and every time the developer had to relinquish association control after the development was completed and the HOA had bylaws established and filed with the state/parish(county).
Posted by theliontamer
Chicago
Member since Nov 2015
2710 posts
Posted on 11/2/26 at 12:00 pm to
Not sure what's really going on here, there is definitely more to the story. If the OP is correct, and the developer is using the HOA to fund lawsuits against his shoddy work, then that seems illegal imo. On the other hand, i know people nowadays are generally dumb and shytty. Wouldnt surprise me if they bought a cheap developer neighborhood home and then started complaining when it wasn't built like Buckingham palace. I dont know how we got a point where a homebuyer takes no risk in purchasing a property. OMG my 70 year old house had some plumbing issues and no one in the inspection told me, let me sue everyone instead of just paying someone to fix it myself.
Posted by lsufan1971
Zachary
Member since Nov 2003
24712 posts
Posted on 11/2/26 at 12:01 pm to
quote:

Just don’t pay. Maybe everyone make him know that you aren’t paying and that if he tried anything by the legal system that’s his choice.


He can put liens on the ones that don’t pay. My former sub had a homeowner that refused to pay $500 per year. The HOA put a lien on her property. She went to sell 5-6 years later and owed about 8K dollars at closing to the HOA for attorney fees and interest.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
34151 posts
Posted on 11/2/26 at 12:01 pm to
How in the frick did that pass? Changing the dues in any way would require a general meeting of our neighborhood in which a quorum is defined as requiring at least half of the lot owners, so in other words, good fricking luck
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
47141 posts
Posted on 11/2/26 at 12:02 pm to
I have been saying for years on here that HOAs are horrible. Never buy an HOA home. I always get a million down votes
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
34151 posts
Posted on 11/2/26 at 12:04 pm to
quote:

I have been saying for years on here that HOAs are horrible. Never buy an HOA home. I always get a million down votes

You get downvotes because it’s a stupid blanket position to take. I have zero complaints about my HOA, which by the way, supports itself through voluntary dues.
Posted by Macfly
BR & DS
Member since Jan 2016
10823 posts
Posted on 11/2/26 at 12:05 pm to
HOA's are neighborhood Nazis.
Posted by Chad504boy
4 posts
Member since Feb 2005
181601 posts
Posted on 11/2/26 at 12:05 pm to
Homeowners paying the cost for developer to defend himself against claims by homeowners themselves? lol chess not checkers
Posted by TimeOutdoors
LA
Member since Sep 2014
13920 posts
Posted on 11/2/26 at 12:07 pm to
quote:

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Posted on 11/2/26 at 11:49 am to djmed
Avoid HOAs like the plague!


Avoid developer controlled HOA's.
Posted by Codythetiger
Arkansas
Member since Nov 2006
30712 posts
Posted on 11/2/26 at 12:10 pm to
Damn, so it's perfectly legal for HOA's to change rates to whatever they see fit?
Posted by Jim Rockford
Member since May 2011
107101 posts
Posted on 11/2/26 at 12:13 pm to
quote:

Thank you to each of you who have donated or shared! Please look at our updates and keep sharing!
They emailed their state lawmakers about their HOA… and now they’re facing foreclosure. Four homeowners in Sherrills Ford, NC are facing devastating consequences after raising concerns about how their community was managed. What started as simple questions turned into a legal battle that could cost them everything.

This isn’t just our word — it’s on the record. North Carolina law caps punitive damages and requires a real, proven injury behind them. Statements made to the government are often protected under the First Amendment right to petition and the North Carolina privilege law. North Carolina is one of the few states without an anti-SLAPP law to stop lawsuits filed to silence critics, and there is no state agency that oversees HOA disputes. Every fact in this campaign can be verified through public court records, the county Register of Deeds, the NC Licensing Board for General Contractors, and the North Carolina General Statutes.
This is not a routine HOA dispute. One individual controls every lever of power in this community: developer, Declarant, builder, HOA president, HOA manager, vendor, homeowner, and landlord. After turning the neighborhood from primarily owner-occupied homes into mostly rentals, he now owns much of the community and controls the HOA operations that govern everyone else. That concentration of power is exactly what makes this case so dangerous for the families still trying to protect their homes and their rights.

When homeowners asked for transparency and involvement, they were ignored. Seeking help, they contacted government agencies and their state lawmakers and, as a last resort, filed suit. The developer countersued just days before trial, calling their outreach “defamation.” With little time to prepare, the homeowners, had to find additional legal help which came with additional legal costs for trying to speak to their own government.

A jury tried to punish four neighbors with millions of dollars in punitive damages for speaking out. While post-trial motions and appeals are possible, the financial pressure is immediate and real. These families now face liens, foreclosure, and the loss of their homes while they fight to challenge the outcome.

Selling isn’t a real option. The developer’s restrictions and control make it nearly impossible to sell to anyone but him, and only at a loss. He has publicly stated: “I will own all these homes.”
In one example, during the discovery process, it was disclosed that in 2023 a homeowner repainted her house the same color the CCR rules already allow; since this information was made public, she has been fined $100 a day, now up to $27,000, and pushed toward foreclosure. In this case, the HOA President took on the role of Declarant. This is part of what makes this case so alarming: ordinary homeowners can be put at risk of losing everything over disputes that should never have escalated this far.

This isn’t over. There are active post-trial motions and possible appeals, but continuing the fight requires resources that these homeowners simply don’t have. They could lose everything unless they win this battle.

If you believe homeowners should be able to ask questions without risking everything… If you believe communities should be fair, transparent, and follow the law… Please consider donating or sharing this campaign. Even a small contribution helps cover real, immediate legal costs.
This is bigger than just four people. In North Carolina, homeowners can be dragged into crushing litigation for speaking out, and the state still offers too few protections when powerful interests use lawsuits to silence criticism. What happens here will matter far beyond one neighborhood.

Every dollar raised will go directly toward ongoing legal defense and appeals, court costs, and filing fees, as well as efforts to challenge the outcome of the case. This support will not only help protect these homeowners but could also set a precedent for protecting others in the future. Please consider donating, sharing, or spreading the word. Your support can make a real difference for these families and for homeowners everywhere.
Thank you!
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