HOA slapped $100 fine on Charlotte couple, then tried to sell their home. A day in court changed their mind

Facing the uncertainty of having a home taken away due to legal procedures can make one feel dejected and helpless. In 2022, a couple, Jeffrey and Levi Baldwin, who had been living in their home in Charlotte, were horrified by the idea that they might have nowhere to go soon, according to Realtor News. The couple had been living in "The Settlements," located in the northeast area of the city, for around 20 years. A $100 fine from the HOA over a parking lot issue was the beginning of their bad luck, according to WSOC-TV. The amount increased, and more serious caveats were issued to the point of foreclosure. However, when the couple approached the court with every ounce of hope, things turned for the better.

The Baldwins, like every other homeowner, put their heart and soul into the place they call home. Everything was fine until the new HOA management took the lead. They claimed that the couple had a "commercial vehicle” in the space, and it was against the rules. However, the duo had it parked in the same spot since 2007, the year they moved in. Initially, the fine cost $100, but the Baldwins refused to pay it — it was more about justice and freedom than a fine. They argued that their car (being fined for being a commercial vehicle) wasn't a personal one, and had every right to be parked in their lot. The amount eventually grew to $1,337, and soon, the court was involved.

Receiving letters and notices, the couple was frustrated and worried. “The letters would mention around [$]1,300, but then other letters would say it was $4,800,” he said. But they didn’t lose hope; they decided to fight together with their lawyer, James White. Unfortunately, the HOA issued a foreclosure if the amount was not paid, and it was approved. The couple spent around $10,000 in legal fees. “When the cost to defend is higher than the claim, the process becomes the punishment," Jeffrey remarked. But they knew that it's no longer about a fine, it's about the struggle. “This is not just about saving my home. It’s about changing the laws so that we have HOA reform accountability,” he added.

The battle went on for a year until one day things changed. The HOA decided to withdraw its appeal. Steven E. Black, attorney for The Settlements Homeowners Association, revealed, “Moving forward with the court hearing, and any appeal that may be required from that hearing, was not in the best interest of the association,” as the reason. The Baldwins got to keep their home, but they also accomplished what they intended to — making the HOA take accountability and become considerate. Jeffrey credited his lawyer, whose fight gave him a place to go back to and continue to call home. However, the man noted that not many are lucky enough to win against HOAs because of power and other factors, and so it's important to bring in the reformation.

According to the Charlotte Observer, hundreds of people in the city have lost their homes due to HOA foreclosures since 2018. The reason is that laws are pretty easy for HOAs to foreclose homes on account of unpaid dues, irrespective of the amount. Around 5,500 cases have been filed since 2018, and 600 homeowners have lost their homes. The HOA just needs approval from a clerk to carry out the process, encouraging them to snatch dreams like in the case of the Baldwins. State Senator Donzella James, D-Atlanta, noted that more and more people are losing their homes due to this reason, reported Atlanta News First.

After receiving complaints from around 200 HOA communities, it is certain that more precise laws need to be enforced. “The boards are going to continue to be rogue... their attorneys are doing whatever it is the board wants them to do,” a homeowner said. Out of 100 respondents surveyed, 63% had fines that averaged to $11000. Because there’s no limit, even those with fines of $25 suffer. As Jeffrey mentioned, owning a home is a “dream,” but it is often taken away by HOA rules and restrictions. This fight became an example that we need to fight for the freedom we earn by purchasing a home. 

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