As a community association manager or board member, few issues generate more headaches than parking regulations.
When residents call to complain about their neighbor's vehicle blocking the street or a commercial truck parked overnight, you need to know what your association can—and cannot—do to address these concerns.
Let's examine the scope of community association authority in North Carolina regarding parking regulations, with a particular focus on the crucial distinction between public and private streets.
Where Parking Restrictions Come From
Before taking action on parking issues, it's essential to understand which documents contain your community association's parking restrictions. These typically appear in three places:
- Declaration of Restrictive Covenants ("Declaration") - These recorded documents carry the most legal weight, require owner approval to modify (typically at least 67% of members), and are filed with the Register of Deeds where the community is located.
- Rules and Regulations - Board-created rules that derive their authority from the Declaration. Generally, these provisions apply only to common areas unless the Declaration specifically grants the Board the authority to regulate individual lots.
- External Regulations - Town ordinances and state laws that apply regardless of your community association's governing documents. Community associations have no direct enforcement power related to external regulations.
The location of restrictions matters because it determines how easily they can be changed and the level of enforcement authority your community association possesses, if any.
The Declaration offers the strongest enforcement position but is the most difficult to amend, while Rules and Regulations can typically be adopted and implemented by Board resolution and member notification.
Types of Parking Restrictions
Communities typically regulate several aspects of parking, including:
- Vehicle types: Restrictions on commercial vehicles, boats, RVs, or vehicles above certain weights
- Parking locations: Designating where vehicles may or may not park such as on the street, on Lots, and even guest parking.
Remember that restrictions regarding parking on Lots are different from street parking regulations where the streets and roads are part of the community's common area. While many community associations have clear authority to regulate what happens on individual lots through the Declaration, the authority over street parking depends heavily on whether those streets are public or private.
The Public vs. Private Street Distinction
Perhaps the most crucial factor in determining your authority to regulate parking is whether your community's streets are public or private.
Public Streets: Limited Authority
On public streets, your community association faces significant limitations in enforcing parking restrictions.
First and foremost, the general public has legal access to these roadways, meaning anyone can drive or park on them regardless of whether they live in your community. These streets are maintained by the local government rather than the community association, which means the community association generally is not responsible for their upkeep but also has minimal control over their use. A community association cannot tow vehicles from public streets, even if the vehicle is parked in violation of the governing documents, as the community association lacks the legal authority to remove vehicles from public property.
Additionally, the community association cannot implement rules and regulations governing public streets, since these areas typically fall outside the "common areas" and "lots" defined in your governing documents. The community association's authority is generally limited to the property specifically described in the Declaration, which rarely includes public roadways.
However, the community association may be able to impose fines if the Declaration specifically contains street parking provisions. Owners are still obligated to adhere to deed restrictions, even when those restrictions impact their activities on adjacent public streets.
Private Streets: Greater Control
If the community has private streets, the community association has much broader authority over parking and traffic issues. This may include imposing fines for violations of Declaration provisions related to street use and parking.
Since private streets are typically designated as part of the common area, the community association can implement specific rules and regulations governing their use, including parking restrictions, speed limits, and other traffic controls.
The community association also has the legal right to control who accesses these private streets, potentially allowing for the implementation of guest passes or other access management systems.
Perhaps most significantly, the community association may have the authority to tow improperly parked vehicles—but this power exists only if explicitly authorized in the Declaration. Without specific towing authorization language in the Declaration, the community association's enforcement options are be limited to fines and other penalties outlined in your community's governing documents. Additionally, North Carolina statutes and local ordinances may impose additional requirements the community association must comply with before towing from private streets.
Some community associations with private streets choose to implement comprehensive parking regulations through Board-adopted rules. However, remember that these rules must be anchored in authority granted by the Declaration.
Even with these provisions in place, practical enforcement challenges exist, such as identifying which lot a vehicle parked on the street is associated with, handling repeat offenders, and managing resident complaints about enforcement.
Remember that the community's authority varies significantly depending on the governing documents and whether the community streets are public or private. Do not hesitate to reach out to community association legal counsel to help you properly implement and enforce parking regulations.
