North Carolina Parking Rules and Regulations of Homeowners' Association

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Multi-State
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US-1128BG
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Description

Parking enforcement by the Homeowners' Association (HOA) can be an especially frustrating problem for both boards and members, because it concerns one of the most valuable items in a homeowner's possession: their vehicle. Most HOAs have rules for parking laid out in their Covenants, Conditions, and Restrictions and rules, typically covering restrictions such as: (1) What types of vehicles are allowed (commercial, recreational, etc.); (2) Where members may park; and (3) How long a vehicle may be parked in one spot.
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FAQ

The answer, like many things community association related, depends. Condo bylaws in North Carolina are almost always filed with the Register of Deeds, but not HOA bylaws.

Limits of Authority: Public vs. In general, parking restrictions contained in the CC&Rs, which are filed in the real estate records and run with the land, are legally enforceable on private streets. However, HOAs do not have the authority to enforce parking restrictions on public streets unless authorized by law.

Parking on the paved area, or the main travel part of any highway is illegal. It is also illegal to park on the shoulder of the road unless the vehicle can be seen by drivers in both directions for at least 200 feet. Double parking is also against the law in North Carolina.

The answer, like many things community association related, depends. Condo bylaws in North Carolina are almost always filed with the Register of Deeds, but not HOA bylaws. The difference is due to initial bylaws for condos being recorded with the declaration, and then amendments need to show up in the public record.

Call (919) 431-3030 or toll-free at (866) 324-7474 to file a complaint.

Fine Limitation For violations of the declaration, bylaws, and rules and regulations, an association can impose "reasonable" fines and suspend the violating member's access to the association's privileges or services. N.C. Gen. Stat. §47F-3-102(12).

The North Carolina Planned Community Act (PCA), N.C.G.S. , Chapter 47F, governs the formation, management, powers, and operation of HOAs, is North Carolina's law specifically governing homeowners' associations in the state.

Call (919) 431-3030 or toll-free at (866) 324-7474 to file a complaint.

Covenants, conditions, and restrictions (also called "CC&Rs") are used by many "common interest" developments, including condominiums and co-ops, to regulate the use, appearance, and maintenance of property.

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North Carolina Parking Rules and Regulations of Homeowners' Association