NASHVILLE, Tenn. (WTVF) — A homeowners association in Antioch has filed a civil lawsuit seeking $1.6 million in damages against a property management company and its owner, accusing them of stopping communication with residents, leaving their homes uninsured, and misusing HOA funds.
The lawsuit, filed March 11 in Davidson County Chancery Court, names Gasser Property Management, LLC, and its owner and chief manager, Emery Gasser, as defendants. It was filed on behalf of the Provincetown Townhome Homeowners Association, Inc. by attorney Garrett Asher of Surber, Asher, Surber & Moushon, PLLC.
The suit seeks $400,000 in compensatory damages and $1.2 million in treble or punitive damages, for a total of $1.6 million. It also requests attorney fees, pre-judgment interest, and a full accounting of funds taken from the association.
According to the lawsuit, Gasser entered into a management agreement with the Provincetown HOA on April 22, 2016. Under that agreement, Gasser was responsible for maintaining the association's financial records, collecting HOA dues, maintaining insurance policies, and keeping association funds in separate, FDIC-insured custodial bank accounts.
The suit says Gasser collected more than $250,000 a year in HOA dues. It alleges that in July 2025, Gasser stopped providing financial information to the association, stopped maintaining records, and refused to communicate with the HOA in any manner regarding its finances.
The lawsuit further alleges that Gasser withdrew more than $200,000 from association accounts, representing to the HOA that the money was being used to purchase insurance. The association first learned on or around August 29, 2025, that no insurance had ever been obtained. The suit says Gasser has refused to provide an accounting of those withdrawn funds.
The complaint also alleges that Emery Gasser personally controlled all finances for the association and that other Gasser employees did not have access to financial data. It accuses Gasser of failing to maintain a separate bank account for the association's funds, as required by the management agreement, and alleges Emery Gasser diverted association money for his personal use.
The lawsuit references an earlier report on this issue. A first-time homebuyer had gotten all the way to the closing table but had to walk away because, even after weeks of extensions, Gasser Property Management was unable to provide proof of insurance for the Provincetown townhome.
"I was furniture shopping, decoration shopping, paint shopping," the buyer said. "And so then literally for this to fall through, like the day before, was heartbreaking."
Since then, the community brought on a different property manager, and homeowners were told to pay a $900 special assessment.
"They said it was because the funds we had in HOA are no longer there," one resident said.
"I don't know why we're the ones having to pay for this and I think it's unfair," another resident said. "Living on the income I have, I don't think it's right."
The lawsuit brings seven counts against the defendants, including fiduciary waste and unjust enrichment, conversion, breach of contract, intentional misrepresentation, fraudulent misrepresentation, violation of the Tennessee Consumer Protection Act, and general negligence.
The lawsuit is a civil matter and does not allege criminal charges. However, there is an active Tennessee Bureau of Investigation probe that could result in criminal charges.
Some experts have cautioned that pursuing a lawsuit against a company that does not appear to be solvent carries financial risk. Some residents said they are glad there is some action being taken but are worried about the financial cost. The attorney for the HOA said he is considering commenting on the lawsuit.
Emery Gasser was contacted by call and text. No response was received.
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