Neighborhood Parking - NC/Cary Law

4,149 Views | 7 Replies | Last: 4 yr ago by Tootie4Pack
IseWolf22
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Is there any NC or Cary law preventing you from street parking in a residential neighborhood?

I street park my car because our garage only has enough room for my wife's car and our driveway is narrow and on a fairly steep slope. The car is in front of my property only, not remotely close to a neighbor.

My HOA just sent me a nasty gram feeling me not to street park anymore. I've checked all the HOA rules and there is nothing prohibiting me from street parking. I'm having a harder time checking NC and Cary ordinances to see if they could get me there.

Anyone have any insight?
Wolfer79
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There are parts of Raleigh near campus where permit is required to park on street.

Are there signs posted saying 'No Street Parking'?


Edit
I saw you checked HOA regulations.

It may be related to emergency vehicle access. If a car is parked on both sides of the street, how much room is left for emergency vehicle?
IseWolf22
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There is no signage.

I'm not near campus or any businesses. Purely a residential neighborhood
Tootie4Pack
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In regards to your HOA...do you know if the copy of the covenants that you have are up to date? Has the HOA amended the covenants recently and specifically addressed the parking on the street issue?

I don't know how old you subdivision is, but development standards have certainly changed over the years. In regards to the street parking, it sometimes has to do with the width of the street. Street width is measured from the back of curb to the other side back of the curb. It is possible that developmental standards have changed and street parking may not be allowed in some subdivisions.

However, if these are ordinances from Cary, they should have signage clearly stating the No Street Parking Allowed, or No Parking on One Side of the Street, or Parking by Permit Only. And if they are Cary ordinances , they must have been adopted and approved by Cary and are in there Unified Development Ordinance and their General Statutes/City Ordinances, which should be accessible on-line.

Since you stated that the HOA sent you a letter , it sounds like this is an HOA issue, and these HOA convenants can co-exist with the Cary ordinances as long as these HOA covenants have been approved by the Cary planning department and/or City Council at the subdivision approved stage for your subdivision.
HOAs have a lot of authority in today's world...much more than some folks realize.
Tootie4Pack
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Sorry for the lengthy post...I am a local elected official in another Wake County Town. Just trying to offer up some suggestions.
IseWolf22
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Tootie4Pack said:

Sorry for the lengthy post...I am a local elected official in another Wake County Town. Just trying to offer up some suggestions.


I appreciate it. It sounds like there is not a city or state ordinance that I need to worry about here. Just the HOA. In that case I'll just email them and respectfully ask where in the convenent I can find the relevant parking rule.
I can't find anything on the copy currently on their website, but if they have it on an updated copy, I guess I'll have to just park on the hill.
Tootie4Pack
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Let me know what you find out. Like I said, today's HOAs have a lot of authority over what is allowed and what might not be allowed. Good luck.
Travis84
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generally, HOAs have no authority when it comes to public streets. I would look and see if the streets are maintained by the HOA or the Town. that will give you your answer.
Tootie4Pack
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If the municipality approved the covenants at the time that the subdivision was approved, then these covenants could state that on street parking is prohibited. There also could have been conditions placed during any rezoning process ( called conditional rezoning) by the developer and also conditions placed when either a Special Use Permit or a Conditional Use Permit was approved , and these conditions go with that neighborhood as they are specific conditions to that property. These conditions are enforced by the governing body that approved these permits.

Many subdivisions do not allow any political campaign signs in their neighborhoods. Yes, you would think that freedom of speech would over-ride that, but it does not. I serve on an elected body that approves these neighborhoods and the HOAs that are allowed by NC law to enforce these covenants.

Like I mentioned previously , these covenants and conditions carry a lot of weight in certain neighborhoods. That is why it is so important to read them when you purchase a home in that neighborhood.
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