Description
All of the entrances to Brighton subdivision have street signs that say "Illegally parked and unauthorized vehicles will be towed..." Also all of the stop signs have small signs affixed to the saying "no parking". These signs have been put there by the HOA. The streets in Brighton subdivision are not private streets so the HOA has no authority to put up or enforce any parking restrictions on what are city streets. Please have the HOA remove all such signs They do not have the authority to put them up and they do not have the authority to enforce them.
20 Comments
guest (Guest)
Guest (Guest)
Godkänd City of Raleigh 3 (Verified Official)
Resident of Brighton (Guest)
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.
hours.html#ixzz2PMWj2C3A
Guest (Guest)
Stängt City of Raleigh 3 (Verified Official)
Guest (Guest)
Reopened Guest (Guest)
James (Guest)
Arthur (Guest)
D350 (Registered User)
James (Guest)
GlanMac (Guest)
GlanMac (Guest)
Stängt City of Raleigh 3 (Verified Official)
Reopened Brighton Resident (Guest)
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.
Stängt City of Raleigh 3 (Verified Official)
Reopened Brighton Resident (Guest)
Stängt City of Raleigh 3 (Verified Official)
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
Brighton Resident (Guest)
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