The answer all depends on the circumstances, said New Hanover County Attorney Wanda Copley.
“I am not aware of any county ordinance or state law that says parking on a residential street is prohibited, unless there are signs posted on the road (such as) no parking due to curve,” Copley said.
“The county is not in the road business, so I am not aware of any place we would have a posting,” she added.
Homeowners associations could prohibit parking on a residential street, Copley said. Developments like Landfall have restrictions that do not allow parking unless it is temporary for activities like a party or meeting.
Here’s where the rubber meets the road, according to Copley:
“If the area is posted no parking pursuant to the law, or a homeowners association wants to enforce its restrictions, I would say that the car could be towed .”
Related link:
Date posted: September 16, 2010
User-contributed question by:
Anonymous
But if it is a state owned and maintained road in a development, and no signs are posted, how can the HOA have the authority to prohibit parking in front of your own home? Isn’t there a state law prohibiting the HOA from having this jurisdiction?
Homeowners associations should not have enforcement powers. They are not governments, and should not have government powers, especially over people who are not members (e.g. strangers parking in the area). They should be abolished as unconstitutional attempts to form governments.