Can HOAs ban street parking in NC neighborhoods? Here’s what legal experts say

In neighborhoods across North Carolina, street parking is often a contentious issue.

Supporters say it’s a matter of convenience, while opponents argue the issue is about safety and aesthetics.

At the center of the controversy are homeowners associations (HOAs), which often set the rules for what is and isn’t allowed in a community. But can these organizations actually prohibit residents from parking on public streets in North Carolina?

Here’s what you need to know.

Can HOAs ban street parking in NC?

Yes. Subdivisions in North Carolina with HOAs established after 1999 are governed by the North Carolina Planned Community Act, but no state or federal agency oversees them.

That means homeowners who buy properties in HOA neighborhoods are required to follow the rules that come with them, Mike Hunter, an attorney who has represented HOAs for over 30 years, previously told The Charlotte Observer.

“If you buy a home in a deed-restricted community, you’re obligated to abide by those restrictions,” he said. “If the restrictive covenants say you can’t park on the street, the board really has the legal duty to enforce that,”

Hunter acknowledged the frustrations of those who want to park on the street but noted that many HOAs impose bans due to safety concerns.

“Developers often put restrictions that prohibit or limit on-street parking in the CCRs for their communities because a street clogged with parked cars creates an eyesore and a potential hazard,” he wrote in a blog post originally published in The Charlotte Observer. “Emergency vehicles may have difficulty getting through, and pedestrians — especially children — walking into the street from behind a parked car could be hit by a car.”

Could that change soon?

Yes. The House and Senate advanced bills in May that would impact the legal rights HOAs have, including removing their ability to regulate street parking on publicly maintained roads, WUNC reported.

In 2023, lawmakers unanimously approved similar bills in both chambers, but the measure ultimately stalled before reaching the governor.

“What this pending legislation is going to do is say ‘it doesn’t matter if this is in your CCRs or not. It’s not enforceable,” Hunter said about the 2023 bill.

Chyna Blackmon’s reporting contributed to this story.

This story was originally published June 4, 2025 at 2:47 PM with the headline "Can HOAs ban street parking in NC neighborhoods? Here’s what legal experts say."

Evan Moore

The Charlotte Observer

Evan Moore is a service journalism reporter for the Charlotte Observer. He grew up in Denver, North Carolina, where he previously worked as a reporter for the Denver Citizen, and is a UNC Charlotte graduate.