Knoxville homeowner claims lack of communication from HOA before lien placed on home

KNOXVILLE, Tenn. (WATE) — A Knoxville homeowner was astonished when she received notice of a lien placed on her house by her homeowners’ association.

Sharon Hartless is a real estate investor owning five homes in Knoxville and three in Florida. As a result, she is familiar with the rules and regulations of HOAs. Homeowners associations play a role in preserving curb appeal and property values of condo communities and subdivisions. Tennessee, like many states, has laws that specifically address homeowners associations and the way they must operate.

Hartless and her husband bought a new home in the Gallaher Station subdivision in 1999. They lived there for five years, then moved to another home. They have leased the house ever since, and a medical doctor lives there now.

“When we bought the house, we knew that there was a homeowner’s association. We paid $55 a year because all that is there is the entrance to the subdivision. There’s no pool, no clubhouse,” said Hartless.

She said her HOA dues were sent by automatic payment every year from her bank to the association’s president until six years ago.

“In 2018, the president told me that they were moving and there would not be an HOA. It was going to be dissolved because there weren’t any volunteers who wanted to serve,” said Hartless.

She went on to explain that the HOA dissolved for two years, 2019 and 2020. However, she did not receive any information that the HOA was back and re-organized.

“I didn’t hear anything until I received this invoice on May 29 from my tenant,” said Hartless.

The invoice is for a $1,000. A lien had been placed on her house for non-payment of dues.

“It says that two liens were put on my property for a total of $1,003. They say I owe back dues in the amount, the real amount is $355 total. But when you add attorney’s fees in, I wrote a check for $1,003 to get the lien off my house,” said Hartless.

A letter came with the invoice from the Association President. It reads: “Our records show a severe delinquency in your dues to the HOA.”

“I haven’t received anything from the HOA from 2018 until the spring of 2024,” said Hartless.

Another letter from the HOA’s attorney said the original Notice of Lien was sent in 2018 to Hartless’s address at Gallaher Station subdivision. She said that the HOA claims communication was sent to her renter.

“But Doctor D. told me there were never any notices sent to that house. If there had been he would have sent it to me exactly like he did on May 29,” said Hartless.

If notice of association dues had been sent each year since 2018, Hartless wonders why she never received notice of association meetings or the minutes during which time late dues were discussed.

“I want to see all of the minutes, the election ballots and when the HOA was reinstated,” said Hartless.

Tennessee’s Condominium Act said association meetings must be held once a year and notice must be given of the meeting and sent electronically or by mail.

“I’ve lived here for 20 years. I’ve had the same phone, same email for 30 years. I’m easy to find,” said Hartless.

6 News sent a letter to the association president requesting an interview or a response to our questions. There’s been no answer.

Others in the subdivision have received late fee notices as well.

“There are 26 other homeowners who had liens on their houses. I think it is unfair. I think it is an abuse of power,” said Hartless.

Hartless hopes the association improves its communication with members so further liens are not necessary.

We have yet to hear back from the HOA president at the Gallaher Station subdivision and to be clear, Harless did pay the lien and the lawyer’s fee associated with it. The Tennessee “Homeowners Association Act” outlines the rights and responsibilities of HOAs and their members. It includes information on how to manage common areas, enforce rules, and conduct meetings. That’s why Hartless requested the minutes of meetings from 2018 through 2024. So far, she has not received them.

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