Should COA/HOA obey city parking ordinances

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Sep 10, 2019
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#1
I am the resident of South Hill COA/HOA, Charlotte, NC. The board of this COA/HOA organized a community parking what, in my understanding, does contradict to Charlotte city parking ordinances.
I would like to have Elliott Advocacy advise how to manage such conflict at minimal costs because we are low income retirees. I will be glad to give more information upon special request.

Thank you
 

Neil Maley

Moderator
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Advocate
Dec 27, 2014
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www.promalvacations.com
#2
The board of your association was responsible for checking ordinances with the city before making any kind of changes.

Can you explain exactly what was changed that isn’t in compliance with the City Code? What is the City telling you?

We need more information.
 
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Patina

Verified Member
Dec 22, 2015
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#4
HOA rules cannot contradict city ordinances so a brief letter to the president of the HOA with a copy of the ordinance should get this resolved.
 
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Sep 10, 2019
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#5
Thanks to all for your prompt reactions. However:
1) The city and county representatives I have contacted said that streets within HOA/COA are private territories and both the city and county do not have any jurisdiction here.
2) The city says that set back between a street pavement and a corner unit, as my, should be no less than 10'. The real distance between asphalt pavement and the external wall is just 7'. Moreover, my unit has a bay window. Therefore, real distance between parked cars and this window is just 5'.
3) The city requires "To protect the public health by keeping dwellings and other structures an adequate distance from the dust, noise, and fumes created by traffic on the street and by ensuring an adequate supply of light and air." However, this dramatic closeness of this parking "Babilon" to our unit and windows does poison us with toxic fumes, noise and makes us depressed.
4) In contrast, the board believes that this community parking has NO negative to us.

Therefore, I am looking for further suggestions and points.
Sincerely, Igor
 

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Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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New York
www.promalvacations.com
#8
We couldn’t give you any idea what this would cost. We can’t supply any legal advice here but your COA needs a lawyer for this.

I still don’t understand what happened. Did they change a parking lot? What changed that seems to be against code? In some cases you might simply need to apply for an easement with the city. An attorney has to assist with this.
 
Sep 19, 2015
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#9
HOA streets which are private are a difficult situation and you need to find an independent lawyer -- do not bother with the HOA lawyer -- you are not their client, the HOA is -- you need to find someone that knows local zoning, city ordinances and HOAs.

That looks like on street parking in front of the window. Did something change -- ie on street parking now allowed?
 

Patina

Verified Member
Dec 22, 2015
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#10
HOA streets which are private are a difficult situation and you need to find an independent lawyer -- do not bother with the HOA lawyer -- you are not their client, the HOA is -- you need to find someone that knows local zoning, city ordinances and HOAs.

That looks like on street parking in front of the window. Did something change -- ie on street parking now allowed?
What I believe the OP is finding issue with is the truck is parked ON the curb which is bringing it even closer to their window.
 
Sep 10, 2019
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#12
Greetings to all who sent me their thoughts.
I could not respond earlier to those because I was on 3 weeks trip.

I am enough developed person and was able to study Charlotte-Mecklenburg City code/ordinances. I found the following:
Sec. 18-529. - Off-street parking design.
(a)
Purpose. The purpose of this section is to protect and promote the public health, safety and general welfare by requiring safe and adequate design of parking lots and the landscaping of such facilities which will:
(1)
Help to reduce wind and air turbulence, heat and noise and glare;
(4)
Conserve and stabilize property values and otherwise facilitate the creation of a convenient, attractive and harmonious community; and
(5)
Relieve the blighted appearance of parking lots and generally preserve a healthy and pleasant environment.
Parking of vehicles is not permitted within required setback or required side yard that abuts a street on any lot
Section 12.702. Fumes and odors.
No use shall emit fumes, gasses, or odors in concentrations or amounts that cause injury or create a nuisance to any person of ordinary sensitivities on another property.
Section 12.703. Vibration.
No use shall be operated so as to generate inherent or recurring ground vibrations detectable at the property line which create a nuisance to any person of ordinary sensitivities on another property.

In my understanding my family is the subject of permanent negative influence of noise, fumes, vibrations, etc, because the distance between parked cars and my window is just 5' while a sidewalk must be no less than 10'.
BOTTOM LINE: I BELIEVE THAT MY BOTH FAMILY AND PROPERTY IS THE VICTIM OF THE ENVIRONMENTAL AND PSYCHOLOGICAL HARASSMENT FROM HOA. SHOULD CITY/COUNTY COUNSEL CONSIDER SUCH COMPLAINT DESPITE THAT SUCH HARASSMENT TAKES PLACE WITHIN HOA?
THANK YOU. Igor Broun
 

jsn55

Verified Member
Dec 26, 2014
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#14
The only way we could possibly help you is if you make a list of all the facts. Tell us your story from beginning to end. Once we understand your situation, we may be able to offer advice. We cannot give you relevant advice if we don't know the details of the problem.
 
Sep 27, 2018
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#16
Igor, I live in an HOA with private roads and I can tell you when we ask for help from the local town officials they all become track stars and run away as fast as possible. Your best bet is to work with the HOA board to come up with a compromise. See how many other neighbors are concerned. However, from your pix, it looks like you live in a high density development, so I would guess that most residents will be more concerned with having parking available than restricting it.
 
#17
Igor, I live in an HOA with private roads and I can tell you when we ask for help from the local town officials they all become track stars and run away as fast as possible. Your best bet is to work with the HOA board to come up with a compromise. See how many other neighbors are concerned. However, from your pix, it looks like you live in a high density development, so I would guess that most residents will be more concerned with having parking available than restricting it.
FrankL is correct. I live in an HOA with private roads, and I serve on the HOA board of directors. Schedule a meeting with the Board president and talk this through. You should be warmly received...as long as you are polite and fair...and not rude or belligerent.