This is a follow-up to my January 2013 Charlotte Observer article and blog post, in which a reader asked whether an HOA’s restrictive covenants can legally ban on-street parking in a community even if the streets are public rights-of-way. My law partner Bob Turner shared with me this 1996 case that he came across that speaks to this exact issue. In it, the court found that when a homeowner buys in a community governed by CCRs, he has agreed to abide by the CCRs, period. The court, with little fanfare, rejected the homeowners’ argument that once the streets were dedicated to public use that “the Association has lost the power to control their use.”
This case is from the Missouri Court of Appeals, so it is not binding in North Carolina, but it is indicative of how at least some courts will view this issue.