Why this Charlotte homeowner says HOA reform bill gives hope to NC residents like him
A Charlotte resident who’s spent years battling his homeowners association is now advocating for legislation that could change how similar disputes play out across North Carolina.
Jeffrey Baldwin, who faces foreclosure over unpaid HOA fees he disputes, is shifting his focus from his own legal battle to rallying support for a bill he hopes will prevent others from facing the same struggle. Senate Bill 378, which has passed through the Senate and is sitting in the House, would put a cap of the amount a homeowner can be fined, require violation hearings and prohibit HOAs from profiting off of fines. It also includes new notice and mediation requirements before foreclosure can proceed.
Supporters say the changes would offer more safeguards to homeowners navigating complex and costly disputes like the one Baldwin is still fighting.
“(HOAs are) trying to steal our home through arbitrary, petty rules that they control. They’re using extortion tactics to basically rob homeowners and I just don’t think that’s right,” Baldwin said. “That’s why I’m fighting them.”
Baldwin’s legal battle
Baldwin and his husband, Levi Baldwin, have been battling their HOA in northeastern Mecklenburg since the association initiated foreclosure on his home in 2024. The dispute stems from unpaid fines the couple accumulated from having a vehicle parked in their driveway. Baldwin said he had no idea he owed thousands in fines until he went to pay his annual membership to The Settlements HOA in January 2023.
Since then, the couple has filed an appeal in court and hired Jim White, a Raleigh attorney who has represented people battling HOA fines and foreclosures. The HOA has since agreed in court to drop the fines and only require him to pay for his annual fees and their attorney fees, but Baldwin said he will not accept this solution. Instead, he said he believes the HOA should pay his attorney fees which already total around $10,000.
“We have paid probably 10 times more on attorneys fees for them to represent us against the HOA than what they claim we owe them,” Baldwin said. “And now they’re turning around to say that we really didn’t owe the fees and the assessments and the interest.”
The Settlements’ attorney declined to comment specifically on Baldwin’s case, citing federal and state debt collection laws. Attorney Harmony Taylor told The Charlotte Observer the neighborhood does not unfairly target any homeowner.
“This puts the Association in the unfortunate position that it cannot fully defend itself from inaccurate or statements about its actions…The Association did not pursue any unfair or targeted enforcement against any owner,” she wrote. “Each person who buys property in a planned community does so subject to an obligation to pay dues and pay fines for violations of the covenants.”
What does Senate Bill 378 do?
Now, Baldwin said he wants to stand up for the hundreds like him in North Carolina who have faced threats or even lost their homes to HOA foreclosures.
Baldwin has spoken to lawmakers in Raleigh and launched a website, SAFERHOA.com to spread his story and others like it. On his website, which stands for Stand Against Fraud, Extortion and Retaliation in HOAs, he breaks down his support for Senate Bill 378, shares news articles about HOAs foreclosing on people’s homes, and asks people to sign a petition in support of HOA legislation.
The Senate bill would reshape the power HOAs have in North Carolina. The bill caps fines for violations at $2,500 each and requires a hearing before fines can be imposed. Baldwin said this would prevent cases like his where he was unaware of accumulating fines until he went to pay his annual fee.
The bill also prevents HOAs from foreclosing based solely on violation fines and requires the multiple written notices before filing a lien against a house. The bill requires meetings between HOAs and homeowners before anything can go to court.
The bill has bipartisan sponsors and passed unanimously in the Senate, with 47 senators voting and three excused.
HOA reform in North Carolina
Rep. Ya Liu, a Democrat from Wake County who authored a similar bill that passed through the House but has since stalled, told the Observer the legislation could provide more fair practices and potential solutions to homeowners who are behind on dues and fines.
“The goal isn’t to dismantle all powers of an HOA. It is to create transparency between homeowners and the association controlling them,” she said. “For too long have we seen unjust or unchecked control.”
HOA reform has been difficult in North Carolina. The Observer previously reported HOA lobbyists are often successful in blocking or stalling legislation that would limit the powers of HOAs. House Bill 542, which died in committee in 2023, faced scrutiny from HOA lobbyists who appealed to lawmakers to strip away provisions regarding foreclosures.
Liu said the number of HOAs in North Carolina, around 14,000, makes passing legislation difficult.
“It’s challenging to make a one bill fits all because of the complexity of how they may be structured or how big or small they are,” she said. “I don’t think the bill weakens an HOAs ability to govern. It simply requires a better line of communication and protects homeowners from unfair practices.”
This story was originally published June 23, 2025 at 5:00 AM.
