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Our association is having a parking issue problem. All the lots in our neighborhood are very small, with small driveways that accommodate - in many instances - only 2 cars. Therefore, some residents park on the street when they have a 3rd vehicle. I believe the City of Raleigh allows street parking on city streets IF the vehicle is parked in the correct manner.
The association covenants prohibit parking on the neighborhood streets by "owners". The question has come up -- do city ordinances override homeowner association ordinances? I could not find anything about this on line so far.
Typically, whatever law is more strict, is going to be the one to take precedence. In this case, the HOA prohibits long term street parking, as most due, and that one rules.
I had a similar situation in my previous subdivision and we were told by the HOA that since the streets were city streets they could not enforce the "no parking on the street" rule since it is allowed by the city. If it's a private street, I believe they can - although our subdivision didn't enforce it on those streets either.
If they were, you would be paying for their upkeep in your HOA dues. Regardless, Coltank is correct, the most restrictive wins. Remember, though, YOU are the HOA once the neighborhood is mostly complete and the builder has given over control. A majority can change a rule, if they wish. Look at the covenants to see how a change could be made. If you are against the street parking, you may want to read to see how the rules can be enforced.
I guess I'm wondering if the HOA wants to prohibit street parking - are there other parking options available? Or are you just not permitted to have three cars if you live there? If the only parking other than driveway parking is on the street - I think you'd have a good case for taking the HOA to court if they tried to fine you for parking there.
Now, if people have garages full of junk and are parking on the street - that might be a different story.
I guess I'm wondering if the HOA wants to prohibit street parking - are there other parking options available? Or are you just not permitted to have three cars if you live there?
I don't know about the original poster, but in my neighborhood the streets are not wide enough to accommodate a parked car plus two cars passing each other. So parking in the street effectively creates a one-lane road, and this creates a safety issue, especially at night.
Our HOA has a similar restriction, and it is phrased as something like "every house has sufficient parking so you should not park on the street." (OK, that's a paraphrase). But our house has a one-car garage and enough of a driveway to accommodate 2-3 cars, and other houses around here have bigger garages and parking pads, so I don't think they are limiting folks to owning two cars ... just trying to keep them from lining streets that weren't really designed for on-street parking. I'm betting whoever designed our subdivision made the streets the minimum width for state maintenance.
One possibility might be to contact the local fire dept and see if they can make the street a 'fire lane' therefore making parking on them illegal. It would depend on if they feel their trucks can get by with parked cars or not. If they do post it as a fire lane, the city can tow cars parked in it.
It's an idea to look into, to prohibit parking, worst they can say is 'no'.
Our HOA restricts parking on the street...its in the covenants/bylaws...but I see people parking on the street, and they have a 2-car garage and a driveway to accomodate 4 cars...so technically they have 6 spots...why do they feel the need to park on the street? I am hoping my HOA enforces it...I have a 1-car garage, but my driveway would accomodate 3 cars and 1 in the garage, so I have parking for 4 cars...why would I even think about parking on the street? Makes no sense to me...people just love to break rules...I am hoping this topic is discussed at our first HOA meeting this week...
Quote:
Originally Posted by J_Lurk
I don't know about the original poster, but in my neighborhood the streets are not wide enough to accommodate a parked car plus two cars passing each other. So parking in the street effectively creates a one-lane road, and this creates a safety issue, especially at night.
Our HOA has a similar restriction, and it is phrased as something like "every house has sufficient parking so you should not park on the street." (OK, that's a paraphrase). But our house has a one-car garage and enough of a driveway to accommodate 2-3 cars, and other houses around here have bigger garages and parking pads, so I don't think they are limiting folks to owning two cars ... just trying to keep them from lining streets that weren't really designed for on-street parking. I'm betting whoever designed our subdivision made the streets the minimum width for state maintenance.
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Not too many private streets in Raleigh
