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ReneeC6 (North Carolina)
Posts: 5
Posted:
Good afternoon

I live in a subdivision in Charlotte, NC and our streets are designated Private. Although they are not striped down the middle, it's a two lane street (one lane in each direction)....When there is a vehicle parked in one lane (even if it's partially on the curb) it forces the two lane street to effectively become one lane. Is this legal? I tried to interpret the Muni Code (Article V Stopping, Standing & Parking) but it's not easy to interpret.

Any assistance would be greatly appreciated.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
If the streets are private, muni code does not apply. Your association controls the parking.
ReneeC6 (North Carolina)
Posts: 5
Posted:
Even if it effectively turns a two way street into a one way street? What if cars opted to park on both sides of the street, no vehicles (especially emergency) would be able to pass (without causing damage to the cars parked)...
ReneeC6 (North Carolina)
Posts: 5
Posted:
P.S. Isn't parking on a curb illegal regardless?
KerryL1 (California)
Posts: 14,550
Posted:
To continue with John's approach, your HOA would need to make rules about street parking, parking on curbs, etc. Are you saying, Renee, that your HOA has zero in its documents--covenants (CC&Rs; declaration), rules, somewhere?-- about street parking?
KerryL1 (California)
Posts: 14,550
Posted:
To continue with John's approach, your HOA would need to make rules about street parking, parking on curbs, etc. Are you saying, Renee, that your HOA has zero in its documents--covenants (CC&Rs; declaration), rules, somewhere?-- about street parking?
ReneeC6 (North Carolina)
Posts: 5
Posted:
Nope....we built into an existing townhome community and they didnt have this issue. The townhomes in Phase 2 (where I live) have a one car garage and driveway. Phase 1 townhomes (built about 15 years ago) have outdoor parking (two spots assigned per home)....Parking has been an issue ever since they started building the townhomes in Phase 2 (a little over a year ago). They're initiating no street parking on certain sides of the street along with no parking on the curb(s) in Phase 2....

So what you're saying is.....IF the HOA says you CAN park on the curb, you can park on the curb (even if it's illegal) because it's a private road and they can designate an area for parking even if it technically obstructs traffic in the lane?
PestY
Posts: 128
Posted:
correct

but

check with your local fire department for any rules
CathyA3 (Ohio)
Posts: 6,299
Posted:
The OP may get the board's attention if she presents some practical suggestions on where the cars should go if not in the streets.

The risk you face when buying into a community that is still under construction is that the developer may respond to changing market conditions by building cheaper homes with fewer options (such as a garage) and not worrying about niceties such as where the buyers will park.

So the board has to figure out where to put all the darned cars. They're not going away, and folks in similar communities tend to have more cars than available parking space, and suddenly it's everybody else's problem. Putting in parking pads costs money (which will be passed on to members of the association).

As a board member I always appreciated useful suggestions, so hopefully the oP's board will as well.
ReneeC6 (North Carolina)
Posts: 5
Posted:
I will check with the local fire department on Monday.

The county only required the builder to account for a driveway and garage when they applied for permits for the community of approximately 125 three to four bedrooom townhomes. The new parking guidelines now allow for 20 "extra" spots which have been designated throughout the community. However, one of these extra spots is right across the street from my garage and I run the risk of backing out and potentially hitting anyone parked there...

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