PLease see http://www.justanswer.com/real-estate-law/67v8f-hoa-no-parking-street-hours.html

I've referred this to our Public Works Department. When the staff has had a chance to respond I’ll post an update. Thanks for reporting.

Question: Our HOA has a "no parking on the street for more than 4 hours" rule for HOA members. Our streets are city maintained? Can this rule be enforced? If so, how? We are in Greensboro, NC.

Response: This parking rule cannot be enforced because the street is not a private street The HOA cannot dictate who parks or does not park on a public street and for how long. It just cannot be done. HOA does not have the power to do so and any attempt to do this should be challenged and if necessary a lawsuit should be filed against the HOA for overreaching.
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So, is anything being done about this HOA overreach?

The Public Works department has reviewed this issue, and has determined that these signs are not authorized to be located in the public right-of-way. They will begin to remove all of the private signs erected from the right of way, but this will take a few days to complete. Thanks for taking the time to report this; we will close this issue in SeeClickFix as it is being tracked by the Public Works department.

The signs have been removed from the stop signs, but the signs as you enter the subdivision are still there. Please see the attached photo taken last night.

The small signs that were affixed to the stop signs have been removed, but the signs that are there as you drive into the subdivision are still there. They are not legal, can not and should not be enforced. The HOA has no authority to install these signs nor enforce any parking restrictions on city streets, which these are. If they want to enforce parking restrictions and sign parking lots in the subdivision, say for a club house or pool, that's a different matter. These signs are however on public streets not private and not parking lots. Please have them removed, they are not legal. Please see the photo of the tow away zone signs. There is one at every road that leads into the subdivision.

I am sick and tired of the overreaching of Home Owner's Associations. This needs to stop NOW. Why they think they can get away with this is beyond me. They constantly over-step their authority. Residents often don't know any better and the HOA's think what they are doing is legal or they don't care, neither of which is very good. These signs need to be removed immediately.

Please remove all no parking signs on all Public Rights of Way (not private streets). These streets are not owned by the HOA and as such the HOA has no legal standing to erect signage or enforce any parking restrictions or tow away zones on them whatsoever. If they wanted that power, they should have kept the streets and not handed them over to the city.

Did the city contact the HOA or just drive up and grab the signs? Does this community have a board of directors or just a management company? Homeowners will now have to call the city police and have vehicles tagged as abandoned that do not move for days. Will parking be allowed on both sides of the street or just one? How about on trash days? When trash gets left behind because the truck cannot maneuver other residents will start to take issue. Yes, legally the HOA cannot put signs in the city's right-of-way but there are other issues to consider as allowing street parking opens up a new set of variables.

D350, Who knows how the HOA dealt with it. The city has been notified. This community does have a board of directors and a management company. Yes, homeowners will have to call the police to see if vehicles have been abandoned, it isn't necessarily the case that they are just because they are parked in the same place for a couple of days. Parking will have to follow the restrictions set out by the city NOT the HOA. If there are no parking restrictions set out by the city, then there are no parking restrictions, period. If thrash is not collected because someone has blocked access to their trash cans with their own car, then they will learn not to block access to their own cans. If they have blocked someone else’s trash cans a simple discussion between those neighbors would be the best solution, not illegal towing of a vehicle. There may well be other variables to consider, but they are NOT up to the HOA to consider. HOA rules cannot be applied to city property.

Remove the signs right away. If my car is towed I will have whoever is responsible charged with grand theft auto.

D350, you sound like one of the people responsible for these signs and the illegal towing of people's cars. You can't make up your own rules for city property. You are wrong and they need to come donwn. The only parking rules I will follow will be those set out by the city.

I have confirmed with our Public Works department that the illegally posted signs in the public right-of-way have been removed. Signs which remain are posted on private property. The City has no authority to remove the signs that are erected on privately owned property. If residents object, that is an issue that should be brought up with the Homeowners Association and/or the HOAs management company, but it is not a City of Raleigh issue. Closing issue in SeeClickFix.

The pictures above show signs that are clearly NOT on private property. They are within the public right of way. The public right of way consists of A "the public right of way at 59' which includes the back-of-curb to back-of-curb 31'
The signs in the photo above are well within that 59' and therefore in the public right of way. As such, the HOA does not have authority to erect parking signs or enforce any parking restrictions. If my car is parked outside my home on the public right of way and is towed I will report it stolen and I will press charges, as that is exactly what such towing would constitute. The Public Works department can and should send a cease and desist letter to the HOA.

The Public Works Department has responded. The HOA has to handle these signs.

What does "The HOA has to handle these signs." mean. Does it mean that the Public Works Department has told the HOA they have to take them down? They are after-all, not on private property, but on the public right of way.

Brighton Resident:

Please be aware that City staff has been to the site and have done all they are entitled to do in accordance with local ordinances, laws and state statutes. Repeatedly reopening this issue, after the City has posted to this website that the location has been inspected and the illegal signage removed from public property, is not the purpose of SeeClickFix.

I presume your continued interest in this issue is that you are a resident of this subdivision and therefore presumably a member of the Homeowners Association. If this is correct, then you and your neighbors have standing and a basis to have this issue addressed by the HOA. Again, the City of Raleigh does not have legal standing to do any more than what has already been done by our Public Works department.

Re-closing issue in SeeClickFix.

Louis M. Buonpane
Office of the City Manager
(919) 996-3070

Dear Louis,

I will not open this issue again. I do still stand by the claim that the sign pictured above is not on private property, but is on what is part of what is considered the public right of way.

Ace Towing does not have the right to tow ANY vehicle on any public right of way street in Brighton Subdivision. Such towing would constitute theft of the vehicle.

The City Council shall designate each zone and the designated zones will be placed into the Official Traffic Schedule and will be denominated as such. This has NOT been done for Brighton Subdivision. Is that not in itself a violation that the HOA can be charged with?

Sec. 11-2187. - NO PARKING TOW AWAY ZONE.

No person shall stop, stand or park a vehicle in a No Parking Tow Away Zone. All such zones shall be clearly marked as such by uniform signage. Parking in such a zone will subject the vehicle to being immediately towed. The owner of the vehicle shall be notified of the tow pursuant to the provisions for post towing remedies found in G.S. 20, Article 7A.

The City Council shall designate each zone and the designated zones will be placed into the Official Traffic Schedule and will be denominated as such.
Parking in a signed tow away zone
Parking in a travel lane
Parking in an area restricted by a posted notice by ParkLink or the Raleigh Police Department
Failing to pay all delinquent parking fines in relation to a booted vehicle within 24 hours