ABOUT

The Peyton Place Condominium Association Members Assembly is an unincorporated group founded in early 2023 to combat illegal and aggressive tactics from the 2020 HOA (still has control) in dealing with community matters. These tactics include violating several Georgia laws and countless community by-laws including but not limited to the following:

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Legal Concerns:

• Currently, all HOA funds are being deposited into the personal bank accounts of HOA board members per their own words! HOA board members Revonna Mitchell & Abebe Abay both admit that collected HOA fees are being deposited into Abay's personal Wells Fargo bank account. Mitchell herself admits to taking collected checks and at times making the deposits herself into this account! Abay accuses Clare and the other board members of draining the account and that he is not responsible. After numerous consultations with attorneys, accountants, and property management professionals, this does NOT appear to be legal and a likely indicator that fraud is occurring combined with the fact that they refuse to update owners with the status of funds!

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• Failure of the HOA Board to perform fiduciary responsibility to owners by failing to recover HOA funds that were possibly taken by the former HOA president. The current HOA board allowed him to close ALL the HOA bank accounts and to not turn over statements after he gave the new board a check for $1,500 claiming that is all they have left despite collecting hundreds of thousands of dollars over the years. They did not perform a financial audit nor contact the authorities to recover these funds to determine if in fact it was stolen! Why would they not seek to recover these funds? If the former HOA president or any of the current board members happen to be spending this money for any reason other than HOA business, this is theft by taking (GA Code § 16-8-2) and/or theft by conversion. (GA Code § 16-8-4)

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• Failure to deliver annual financial statements as required. Clare Cherry has admitted that countless amounts of money is missing from the HOA bank accounts and no discernable action has been taken to recover these funds by her or the other purported HOA board members (i.e. Revonna Mitchell, Abebe Abay & Samuel Rice). (By-law Article 9, Section 6 – Pg 24)

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• Failure to renew the casualty insurance (full structure replacement cost) & illegally canceling the general liability insurance.  (GA Code § 44-3-107) (By-law Article 6, Section 2 – Pg 12)

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Furthermore, if you attempt to sell your home on the open real estate market for fair value, you will not get what you deserve. Why is that? Because if a buyer with a conventional loan attempts to purchase, they WILL NOT be able to close because the "master insurance policy" is being withheld leaving your only option to sell your property to an investor via cash offer at a fraction of the true value because of this illegal HOA behavior. The community is already barred from FHA loans which sadly prevents a large pool of buyers from obtaining property who desire to do so. You are also very likely to be turned down for refinancing or obtaining a line of credit because of lack of access to the "master insurance policy".

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If there is any judgment against the community (e.g. somebody is hurt in a common area etc) and the HOA is not maintaining the necessary insurance, you as an individual owner will be HELD LIABLE and forced to share the the financial judgment equally!

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• Illegally withholding general records (GA Code § 14-3-1602) (By-law Article 9, Section 10 – Pg 25) including HOA master insurance policy & general liability info from financial institutions along with withholding from owners and failure to add owners to the policy leaving them at great risk in the event of a catastrophic event (e.g. fires, floods, tree falls, building collapses etc). Your personal condo insurance (HO-6) policy will NOT COVER exterior rebuild cost.

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• Failure to maintain basic structural standards for the exterior dwelling creating an extremely dangerous and deadly environment for human life. Currently, there are several trees that are making contact with building structures with the most egregious occurrence by unit #29 where the tree has fallen on top of the property. Clare Cherry has refused to have the tree removed despite several notices about the threat to human safety and life. Clare Cherry has also refused to have the roof repaired causing homeowners and renters great grief as water seeps through and forms into black mold amongst other issues. Also, there is rainwater that splashes into the electrical panels for units 41 through 47 as the roof for the area has collapsed due to neglect. Behind units 69 through 73, there is a pond of raw sewage being pumped into the surface in the rear creating a serious biohazard. (By-law Article 6, Section 3 – Pg 15)

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• Failure to hold an annual "general meeting" every April to provide updates to the community. (By-law Article 3, Section 1 – Pg 4)

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• Failure to hold quarterly "board meetings" and provide the minutes thereof to community members. (By-law Article 4, Section 7 - Pg 7)

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• Failure to pay HOA dues by Clare Cherry. She has admitted she does not and has not paid any dues for her 14 units since taking possession. Based on this information, she owes exactly $202,068 in unpaid HOA dues as of February 2024. This is a major factor in the depletion of funds needed to properly take care of the community and is theft by omission most especially heinous considering her role as a so-called leader.

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• Failure to show compliance with the Corporate Transparency Act. (31 U.S.C. §5336)

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• Failure to show compliance with form 1120 or 1120-H with the Internal Revenue Service.