He’s Taking His Condo Board to Court Over a Long List of Issues — One of Them a Felony
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Folks…hold on tight!
Because you’re about to hear from someone who just might have the market cornered on complaining about their condo board…
And wait until you get a load of the laundry list of complaints.
They’re not messing around!
Take a look at all the things they’re upset about in regard to their living sitatuation.
What law hasn’t my Board violated?
“I am suing my condo board members individually (not the Association) for numerous breaches and violations, and I’m doing it pro se (pray for me).
The Board has systematically violated Georgia law through records obstruction, financial theft, illegal assessments, fraudulent amendments, and contracting with vendors known for illegal conduct.
Let’s go down the list…
This lawsuit seeks to hold individual Board members personally liable for their willful misconduct.
Count I: Writ of Mandamus (Records Refusal) Georgia law (O.C.G.A. § 44-3-110) requires condo associations to produce requested records within 10 business days, yet my Board has refused for 260+ days despite 11 written demands for financial records (ledgers, bank statements, budgets), meeting minutes, contracts, governance documents, etc.
On September 19, 2025, Board President Akande admitted in writing that “the association, under the advice of its attorney, is denying your request,” then on October 8, 2025, their attorney Spencer Farmery wrote me claiming I wasn’t entitled to these documents even after I provided him with the Callais v. Park Ridge case that explicitly says unit owners ARE entitled to these records and that attorneys who actively participate in violating condo law can be held personally liable.
The statute makes attorney’s fees mandatory when owners win these cases, so the Board will be paying my legal fees either way.
Wow…
Count II: Invalid Assessment Increase (Can’t Add Notice Periods) The Board tried to raise assessments from $224.67 to $250/month (11.3% increase) through two invalid meetings: December 21, 2024 had only 16 days’ notice instead of the required 21 days, and January 11, 2025 had only 10 days’ notice.
The Bylaws require each meeting to have 21 days’ advance notice AND limit adjournments to maximum 10 days, but they held the meetings 21 days apart. You cannot add the insufficient notice periods together to claim compliance. Since no valid vote ever occurred, the entire $25.33/month increase is illegal and I’m owed refunds totaling $278.30+ so far.
Count III: Invalid Special Assessment (Jasber Water Meters) The Board imposed a $1,610 special assessment (raised to $1,860 for alleged non-compliance) for water meter replacement, which is a capital improvement requiring 2/3 owner vote under the Declaration, but they never held any vote.
The Board signed the contract with Jasber Services on January 29, 2025 (after two Board members were already legally removed for delinquency), despite their attorney warning them in September 2024 “don’t do it” and despite knowing Jasber has a history of illegal water shut-offs.
This just never ends!
Jasber subsequently shut off water to 50+ units for periods ranging from 3 days to almost 3 weeks without proper notice or hearings. The assessment was also fraudulently backdated and must be voided along with the entire Jasber contract.
Count IV: Theft by Conversion The Board stole $981 of my properly posted payments through deliberate ledger manipulation. They completely omitted my $300 November payment from all records and temporarily “unposted” my $681 February payment to falsely inflate my balance.
This exceeds Georgia’s $500 felony threshold for theft by conversion (O.C.G.A. § 16-8-4), making it a criminal-level offense. I’m seeking actual damages of $981, plus treble damages (triple the amount), plus punitive damages for this intentional theft.
But wait, there’s more!
Count V: Breach of Fiduciary Duty All three Board members systematically breached their fiduciary duties through records obstruction, payment theft, illegal contracting, and voter suppression, causing personal liability under Georgia law. Under White v. Star Hotel, directors can be held personally liable when they act outside their authority or engage in ultra vires acts (acts beyond their power).
ADJ Investments LLC is also liable because their designated agent (Cariel Palmer, the Treasurer) participated in these breaches while acting on behalf of the LLC.
Count VI: Invalid Bylaw Amendment (Fatal Flaws) The Board tried to remove the director residency requirement through an electronic vote, but the amendment is void due to multiple independent procedural violations.
Flaw 1: They never determined which owners were eligible to vote (must exclude owners 30+ days delinquent). Flaw 2: They never calculated how many votes were needed for 2/3 supermajority or reported the actual results.
Flaw 3: The amendment process was conducted by Board members who were themselves ineligible to serve (Akande was automatically removed for delinquency on November 2, 2024, and Williams was appointed while delinquent), so under Thompson v. Glenwood HOA, any actions by an improperly constituted Board are void.
There are even more considerations.
Count VII: Injunctive Relief (Illegal Board Composition) Akande was automatically removed from the Board on November 2, 2024 under the Bylaws’ mandatory provision that directors “more than 30 days past due” are automatically removed, yet he continues serving as President. Williams was never eligible because she’s a non-resident and the residency requirement was never validly removed (see Count VI).
Since an illegally constituted Board cannot exercise any authority, all their actions since November 2, 2024 (including contracts, assessments, and votes) must be declared void and a new election must be ordered.
Count VIII: Vicarious Liability (ADJ Investments LLC) ADJ Investments LLC owns a unit and designated Cariel Palmer as their representative to serve as Treasurer on the Board. Under Georgia’s respondeat superior law (O.C.G.A. § 51-2-2), when an agent commits torts while acting within the scope of their agency, the principal (the LLC) is vicariously liable for all damages.
This is pretty wild, don’t you think?
The LLC is jointly and severally liable with Palmer personally for all the theft, fraud, and fiduciary breaches she committed as Treasurer.
Count IX: Unjust Enrichment The Board has been unjustly enriched by $3,564.85 through taking funds not owed: the $981 stolen payments, $96.47 in fabricated late fees, the $1,860 invalid Jasber special assessment, and $278.30 in overpayments from the invalid assessment increase.
I paid these amounts under duress to avoid false delinquency claims, voting rights suspension, and collection actions. Equity and good conscience require the Board to return all improperly obtained funds.
Count X: Fraud and Constructive Fraud The Board committed actual fraud through deliberate ledger falsification using a pattern of payment manipulation: posting payments, then unposting them, then re-posting them days later to create false delinquency periods.
But it gets worse.
They also backdated assessments, created false late fee charges, and contracted with Jasber Services despite their attorney’s explicit warnings and knowing Jasber’s history of illegal conduct. This willful and malicious fraud warrants punitive damages to punish the egregious conduct and deter future violations.
Count XI: Violation of Due Process Rights Georgia law (O.C.G.A. § 44-3-232) gives unit owners the mandatory right to request a hearing before the Board regarding any assessment dispute, but the Board refused my January 23, 2025 written hearing request.
They also suspended my voting rights without proper basis and conditioned my statutory right to records access on resolving unrelated payment disputes. These violations of mandatory statutory due process rights enabled their broader scheme of voter suppression and retaliation against anyone who opposes them.
There’s more but the evidence from their own mouths is overwhelming and finding a law firm willing to fight the battle has been an uphill search.
This is really something else…
Based on what I believe, our Board has:
Georgia Statutes Violated: O.C.G.A. § 44-3-110 – Records Access (willful refusal for 260+ days) O.C.G.A. § 16-8-4 – Theft by Conversion (felony-level, $981 stolen payments) O.C.G.A. § 44-3-232 – Denial of mandatory dispute resolution hearing O.C.G.A. § 44-3-75 – Invalid condominium assessments without proper approval O.C.G.A. § 14-3-808 – Improper director removal procedures O.C.G.A. § 14-3-1003 – Invalid bylaw amendments O.C.G.A. § 14-3-704 – Improper voting procedures for amendments O.C.G.A. § 14-3-708 – Notice and quorum requirements not met O.C.G.A. § 14-3-830 – Breach of fiduciary duties by directors O.C.G.A. § 51-6-1 – Actual fraud (ledger falsification, backdating) O.C.G.A. § 23-2-58 – Constructive fraud O.C.G.A. § 51-2-2 – Respondeat superior (LLC liability for agent’s conduct) O.C.G.A. § 51-12-31 – Joint and several liability principles O.C.G.A. § 51-12-5.1 – Punitive damages for willful misconduct
Governing Documents Violated: Waldrop Park Declaration Section 8.1(c) – Mandatory individual water billing after submeter installation (currently violating for 77 units) Waldrop Park Declaration Section 10(e) – Capital improvements require 2/3 owner vote (Jasber assessment had no vote) Waldrop Park Bylaws Article I, Section 6 – Delinquent owners cannot serve on Board Waldrop Park Bylaws Article IV, Section 8 – Automatic removal of delinquent directors Waldrop Park Bylaws Article III, Section 1 – 21-day notice requirement for meetings Waldrop Park Bylaws Article III, Section 1 – Maximum 10-day adjournment period Waldrop Park Bylaws Article III, Section 1 – Budget must be distributed 21 days before meeting Waldrop Park Bylaws Article VI, Section 8 – Amendment certification and recording requirements
Case Law Violations: Callais v. Park Ridge, 274 Ga. App. 676 (2005) – Procedural violations void Board actions; attorney liability for active participation Thompson v. Glenwood HOA, 300 Ga. App. 180 (2009) – Improperly constituted boards cannot take valid actions White v. Star Hotel, 236 Ga. 464 (1976) – Personal liability for directors acting ultra vires Hagood v. Woodstock Homeowners Ass’n, 292 Ga. 461 (2013) – Mandamus for records denial Munroe v. Universal Health Services, 277 Ga. 861 (2004) – Vicarious liability standards
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The list of violations continues…
Constitutional/Due Process Violations: Georgia Constitutional Due Process – Conditioning statutory rights on unrelated matters U.S. Constitutional Due Process – Denial of hearings, extrajudicial punishment
Common Law Violations: Common Law Unjust Enrichment – Retaining funds obtained through fraud/duress Common Law Breach of Covenant of Good Faith and Fair Dealing Common Law Fiduciary Duty – Duty of care, loyalty, and good faith
Attorney Professional Responsibility Violations: Georgia Bar Rule 3.3 – Candor Toward Tribunal (false factual claims) Georgia Bar Rule 4.1 – Truthfulness in Statements to Others Georgia Bar Rule 8.4(a) – Assisting clients in illegal conduct Georgia Bar Rule 8.4(d) – Conduct involving dishonesty, fraud, deceit
Total: 36+ separate legal violations
The most serious are the felony-level theft by conversion (exceeding $500), the attorney-advised statutory violations (establishing willfulness), and the systematic pattern showing coordinated misconduct rather than isolated errors.”
Reddit users shared their thoughts.
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Another reader weighed in.
If you enjoyed this story, check out this post about a man who is confronted by his high school bully and decides to steal his Nintendo DS.
And this individual knows all about this.
I told you that was a long list!
I wonder how this will go over in court…
I guess you never know until you try!
Yowza…this is pretty wild!
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