If the subdivision roads have been added to the state system, then parking is regulated by North Carolina law, wrote W. Richard Moore, special deputy attorney general Transportation Section.
“They are no longer private streets,” Moore wrote. “I personally do not see how the homeowners association would have any legal right to give a citation or fine to persons parking on the traveled portion of the highway. However, as I said, you may have certain private rights, not enforceable by the state, which you may pursue with the advice or assistance of private counsel.”
A spokesman for the N.C. Department of Transportation said each road may be different, so the best way to find out for sure would be to call your local DOT office.
The phone number for the Wilmington DOT office is (910) 341-2000.
Staff writer Patrick Gannon contributed to this answer.
Date posted: November 4, 2011
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