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
Staff Member
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.
 
Likes: VoR61

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.
 
Likes: VoR61
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
 

Attachments

Patina

Verified Member
Dec 22, 2015
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#6
Shoot, it sounds like the street(s) is/are not city-owned but private access ways for the residents. I hate to say it but I think you need to have an attorney assist you in this matter.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
19,399
17,897
113
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?
 
Likes: VoR61

Patina

Verified Member
Dec 22, 2015
1,424
2,431
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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.
 
Jan 6, 2015
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#11
It has occurred to me that you could request that they paint the curb yellow for the spots next to your window.
If they agree, they would also remove the yellow lines for those spots. This might be palatable for all concerned . . .
 
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