Lady Complained to HOA about drones in Neighborhood

[gixxerbill]

I am pretty good friends with my next door neighbor that is in charge of the HOA in our subdivision. He called me and said some lady sent him a nasty email about drones flying in the neighborhood. He told her that is out of the HOA jurisdiction which I totally agreed.

Then he asked me what the rules were flying in a neighborhood. I told him that as long as you weren't within 5 miles of an airport, not flying above people and not flying above 400ft and not being a nuisance like looking in peoples windows there is nothing wrong with flying over a neighborhood. I am right aren't I?

Also it turns out it wasn't me she was complaining about his brother was taking pics of his new pool hovering above his backyard that is adjacent to the hag naggy lady.
Thoughts?

 

[Cyberpower678]

Ignore her. She's just nagging. The drone operator did nothing wrong, unless she was in the shot as well and complained to the operator to leave her out of the shot.

 

[digdat0]

could be the time to inform the HOA on proper regulations before they try and ban it, in a very nice way Offer free aerial pics of everyone's houses, or check their gutters for leaves for free. Better to have the uninformed, informed on our side, than not?

 

[gixxerbill]

could be the time to inform the HOA on proper regulations before they try and ban it, in a very nice way Offer free aerial pics of everyone's houses, or check their gutters for leaves for free. Better to have the uninformed, informed on our side, than not?

good idea.

 

[Robert Mitchell]

Your answer was pretty much right on.

 

[digdat0]

good idea.

my neighbors next door were similar .. then i found their weakness, their 5 year old son. I let him watch when I fly and hes like OOOHHH ITS SO GREAT!! .. that was the key. So whenver i fly, i make sure if hes around to say HEY JOEY COME WATCH THE FLYING and hes allhappy, his moms changed their stance after that.

 

[gixxerbill]

my neighbors next door were similar .. then i found their weakness, their 5 year old son. I let him watch when I fly and hes like OOOHHH ITS SO GREAT!! .. that was the key. So whenver i fly, i make sure if hes around to say HEY JOEY COME WATCH THE FLYING and hes allhappy, his moms changed their stance after that.

you know this really does work. Get the person that doesn't like them involved. Alot people don't like drones because they don't understand them.

 

[Keybored]

Our HOA Prez sent this out a few days ago. Comments welcome


The Board President has requested that I send the following information notice to you.
“Drones have become increasingly popular as the prices have dropped. They can be fun to operate but if you operate one, please respect the privacy of your neighbors.
If you operate a drone within The Ridings, please do not fly it over your neighbor’s (or any homeowner’s) property or lot without their express permission.
Drones and/or other remote controlled devices shall not be flown over the HOA clubhouse, HOA pool, HOA ponds, any other HOA common property, or over any of the Tidewater drip/drainage fields at any time, without the advanced written permission of the Board of Directors. Thank you for your consideration.”

 

[motopokep]

We can all understand the general public's concern and fear of drones. I heard back when helicopters came out, people were apprehensive of them flying low(er) (than airplanes) above their property. Drones are the future, and personal vehicle drones, though just having been developed and being perfected, are a thing of a not-so distance future, and will eventually replace rubber and wheel transportation of today. Ask the HOA how they are planning to handle non HOA residents flying over the complex? I just flew out 1/3 of a mile over someone else's HOA complex tonight (at 115 feet in the air, at night...no one even knew I was there).

How much airspace do you own above your property? A quick google search renders:

While the Supreme Court hasn't explicitly accepted that as the upper limit of property ownership, it's a useful guideline in trespass cases. Therefore, unless you own some very tall buildings, your private airspace probably ends somewhere between 80 and 500 feet above the ground. In the end, you are supposed to be entitled to enough airspace to reasonably enjoy the land below that air. The United States has [an] estimation of about 500 feet, though this has never been officially ruled on by the Supreme Court. According to the Federal Aviation Administration, every inch above the tip of your grass blades is the government’s jurisdiction. “The FAA is responsible for the safety and management of U.S. airspace from the ground up,” said an agency spokesman, echoing rules laid out on its website. But common law long held that landowners' rights went “all the way to Heaven.” ...and if a neighbor has a tree limb hanging over your fence, you generally can chop it off.
The issue reached the Supreme Court during the 1940s in a case called United States v. Causby after a farmer brought a suit against the government over low-flying military planes' taking off and landing from a nearby airport. The planes, he said, forced him out of the chicken business -- and he wanted compensation.
The Court gave it to him -- and said that a property owner owns “at least as much of the space above the ground as he can occupy or use in connection with the land.” But even then, the justices didn’t clearly define a precise aerial boundary for landowners -- leaving a gray area.

Here's a more detailed read: Where does private land end and public airspace begin?

 

[Just_nick]

Our HOA Prez sent this out a few days ago. Comments welcome


The Board President has requested that I send the following information notice to you.
“Drones have become increasingly popular as the prices have dropped. They can be fun to operate but if you operate one, please respect the privacy of your neighbors.
If you operate a drone within The Ridings, please do not fly it over your neighbor’s (or any homeowner’s) property or lot without their express permission.
Drones and/or other remote controlled devices shall not be flown over the HOA clubhouse, HOA pool, HOA ponds, any other HOA common property, or over any of the Tidewater drip/drainage fields at any time, without the advanced written permission of the Board of Directors. Thank you for your consideration.”

It's more amusing when the HOA believe they have any real authority. I see that as an overextension of their nearly-nonexistent authority, and you could challenge them in court if they attempted to hassle you.

 

[Chip]

Id study the HOA rules and regulations because they often give wide discretionary authority to HOA Board to impose fines for all kinds of things deemed annoying or a nuisance by one or more members. That is one big problem with HOAs. You give up some freedoms. Many HOAs tell members how to place their garbage can, cut their grass, or paint their house so why would drone flying be off limits?

 

[rangemaster728]

Id study the HOA rules and regulations because they often give wide discretionary authority to HOA Board to impose fines for all kinds of things deemed annoying or a nuisance by one or more members. That is one big problem with HOAs. You give up some freedoms. Many HOAs tell members how to place their garbage can, cut their grass, or paint their house so why would drone flying be off limits?

One cannot give up a ‘freedom’ you do not possess in the first place.

In the United States, the Federal Airspace system starts 1” above the ground...while a HOA might give a member grief over recreational flights the enforceability of such frivolous rules would be difficult in court....and virtually a losing battle for the HOA should the sUAS pilot be certified and operating under Part 107.

 

[Zzzoom3]

The HOA letter is most likely to appease the person or persons complaining and also from a liability perspective.

Unfortunately, if you are a member of the HOA you would be expected to comply or be fined. If you are not a member of the HOA none of the rules apply.

Regardless, flying your drone in your neighborhood doesn’t seem like something you need to do routinely. I could see flying for a quick equipment checkout perhaps. Maybe someone could propose a UAS operating area within the HOA for this purpose?

 

[Chip]

One cannot give up a ‘freedom’ you do not possess in the first place.

In the United States, the Federal Airspace system starts 1” above the ground...while a HOA might give a member grief over recreational flights the enforceability of such frivolous rules would be difficult in court....and virtually a losing battle for the HOA should the sUAS pilot be certified and operating under Part 107.

Like I said before, I think it depends on the HOA and how its rules and regulations are written and enforced. The idea that an HOA member can fly a drone whenever and however they want on or over neighbor's private property regardless of who complains unless or until the FAA says different, does not seem right to me.

 

[dbyantis]

I am pretty good friends with my next door neighbor that is in charge of the HOA in our subdivision. He called me and said some lady sent him a nasty email about drones flying in the neighborhood. He told her that is out of the HOA jurisdiction which I totally agreed.

Then he asked me what the rules were flying in a neighborhood. I told him that as long as you weren't within 5 miles of an airport, not flying above people and not flying above 400ft and not being a nuisance like looking in peoples windows there is nothing wrong with flying over a neighborhood. I am right aren't I?

Also it turns out it wasn't me she was complaining about his brother was taking pics of his new pool hovering above his backyard that is adjacent to the hag naggy lady.
Thoughts?

Don't fly around in neighborhoods. HOAs are big into legislating issues "away". Drones are banned in my HOA,even though legally they can't. So I don't fly here anymore. Careful if flying within 50 ft of another building, it gets into people's privacy issues.

 

[microlinux]

Like I said before, I think it depends on the HOA and how its rules and regulations are written and enforced. The idea that an HOA member can fly a drone whenever and however they want on or over neighbor's private property regardless of who complains unless or until the FAA says different, does not seem right to me.

I don't think it matters how the HOA's rules are written, their authority doesn't supersede the FAA. Perhaps the HOA could enforce a rule that drones can't be launched, but once a drone is in the air, they have no authority.

The privacy issue is separate from airspace - the FAA doesn't care about privacy. Those types of issues would probably fall under voyeurism- type laws, nothing specific to drones or airspace.

 

[MichiganMavic]

I have an acre property and I was living here before they put up the sub division next door. I had a guy complaining to his HOA about my flying and I spoke to him about it and showed him my flight path. He thought it was cool [emoji41]. Last I heard about it. Makes me really glad I don’t live in an HOA reign of terror [emoji16].

 

[JMF]

I'm glad I live on 70 acres, I wouldn't survive with neighbors next to me.

 

[JoKhool]

Id study the HOA rules and regulations because they often give wide discretionary authority to HOA Board to impose fines for all kinds of things deemed annoying or a nuisance by one or more members. That is one big problem with HOAs. You give up some freedoms. Many HOAs tell members how to place their garbage can, cut their grass, or paint their house so why would drone flying be off limits?

Because you sign a contract as part of an HOA, so I’m pretty sure that wasn’t in the contract. One of the many reasons I will NEVER purchase a house that is part of a HOA.

 

[JoKhool]

Like I said before, I think it depends on the HOA and how its rules and regulations are written and enforced. The idea that an HOA member can fly a drone whenever and however they want on or over neighbor's private property regardless of who complains unless or until the FAA says different, does not seem right to me.

THE HOA HAS NO AUTHORITY WHAT SO EVER IN REGARDS TO DRONES AND AIRSPACE!!! PERIOD