Harassed by homeowner

[Cafguy]

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If you are a member of the HOA, you could be restricted from flying your drone over HOA properties.

Very True if the homeowner is indeed a member of the HOA and the pilot was on HOA land: It could so be stated. BUT that would be the Home owners fault NOT the drone pilots. There should be no reason for such a confrontation and the OP did what everyone should do- Smile and be cordial. Most of what I do is way out in the boonies so it rarely comes up BUT after awhile you meet them ALL - from Mr. I got a drone at the house I got from amazon can you fix it? to Mrs. How long does that roll of film last? [as I place in a Battery] and of course our favorite- The" wavy arm" people that scream STOP!! and try and protect the world from our little flying horde of Super weapons.

 

[TonyPHX]

The value of an actual legal opinion cannot be understated here. HOA's often get bad legal advice and find that they have run afoul of trying to regulate things. HOA's can open themselves up to grievances and settlements should they try to regulate these types of things they have no business regulating.

 

[mavic3usa]

Not my video:

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[kiley]

While flying my mavic 2 pro around an oceanfront hotel for a real estate agent's photos, an individual began trying to grab my attention by shouting, "hey you with the drone - what are you doing?" My first instinct (most likely the correct one) was to ignore him. After his incessant yelling, I looked up and stated i was doing RE work. The confrontation then proceeded to, "youre not allowed..." etc. This individual was clearly hostile and trying to have a shouting match from his balcony. Luckily, I had just finished up and was heading to my car. He quickly ran into his unit, as if to either call someone or grab a gun! I calmly loaded up and drove off. I was within an authorized airspace and not flying near anyone's unit. Can tenants or HOAs arbitrarily forbid you from flying and doing your job?

You, as an outsider, don't belong to the HOA. They can't fine you or put liens on your property. So, you are within your legal rights to do your job. The owner of the condo you were filming, on the other hand, could get in a trouble with the HOA if he was the one that hired you.

 

[DARKSeifer]

Just don't takeoff from private property you don't own or have permit for, and problem solved.

For example, there's a massive golf club near my area which is basically a sort of "fenced private town"; I've flown above it, but obviously taking off from out of the fence, and they cant'd do anything about it. But if you are inside, they obviously can kick you out.

On places where public/private are mixed, just move away to a place you know it's 100% public and take off from there, then fly wherever you want (unless it's restricted airspace or similar, obviously).

 

[BigAl07]

You, as an outsider, don't belong to the HOA. They can't fine you or put liens on your property. So, you are within your legal rights to do your job. The owner of the condo you were filming, on the other hand, could get in a trouble with the HOA if he was the one that hired you.

Ridiculous! Of course they can't fine you etc but they can have you removed from the property and "Trespassed" which could keep you from doing future work etc on HOA property. Think Big Picture if you're in the business and don't want to get a bad reputation in the area... and if your business reputation means nothing then do as you want and the heck with everything else.

 

[rjwmorrell]

While flying my mavic 2 pro around an oceanfront hotel for a real estate agent's photos, an individual began trying to grab my attention by shouting, "hey you with the drone - what are you doing?" My first instinct (most likely the correct one) was to ignore him. After his incessant yelling, I looked up and stated i was doing RE work. The confrontation then proceeded to, "youre not allowed..." etc. This individual was clearly hostile and trying to have a shouting match from his balcony. Luckily, I had just finished up and was heading to my car. He quickly ran into his unit, as if to either call someone or grab a gun! I calmly loaded up and drove off. I was within an authorized airspace and not flying near anyone's unit. Can tenants or HOAs arbitrarily forbid you from flying and doing your job?

Short answer is no. My reply to someone like that would be along the lines of, "thanks, but I have a permit." Then ignore them thereafter.

It's not even untrue, I do. It's my pilot Certificate, and any airspace authorization I may have.

If a law enforcement officer or regulator wants to calmly ask for those documents I'm happy to show them, after I safely land.

Even if in the unlikely event the person who is upset us the lawful property owner, I'd still tell them I have to safely operate the drone and land before I can comply and leave the property, so just wait patiently for a few minutes.

 

[rjwmorrell]

Ridiculous! Of course they can't fine you etc but they can have you removed from the property and "Trespassed" which could keep you from doing future work etc on HOA property. Think Big Picture if you're in the business and don't want to get a bad reputation in the area... and if your business reputation means nothing then do as you want and the heck with everything else.

I don't know how property laws work in the US. But here where I am in Canada, in most places here anyway, an invited guest who has permission to be there from a tenant or owner who lawfully occupies a unit can also be in a common element. And certainly cannot be removed or asked to leave by another owner/tenant.

Now, can I be responsible for doing caused by my guests while in a common element? Sure. But good luck arguing damages from flying a drone for real estate photography work.

 

[BigAl07]

I don't know how property laws work in the US. But here where I am in Canada, in most places here anyway, an invited guest who has permission to be there from a tenant or owner who lawfully occupies a unit can also be in a common element. And certainly cannot be removed or asked to leave by another owner/tenant.

Now, can I be responsible for doing caused by my guests while in a common element? Sure. But good luck arguing damages from flying a drone for real estate photography work.

Easy there... you're putting words in my mouth... Remember HOA is the entity I'm talking about. I wasn't saying the "Tennant" can remove/trespass... the HOA (which is the governing entity managing the whole property) could do that. Night & Day difference.

 

[Robert Prior]

Remember HOA is the entity I'm talking about.

HOAs are rare in Canada, those that exist are much more closely regulated and have fewer powers than American HOAs have.

 

[BigAl07]

HOAs are rare in Canada, those that exist are much more closely regulated and have fewer powers than American HOAs have.

Understood but let's not forget that the OP is in Myrtle Beach, South Carolina, USA.

 

[kiley]

Ridiculous! Of course they can't fine you etc but they can have you removed from the property and "Trespassed" which could keep you from doing future work etc on HOA property. Think Big Picture if you're in the business and don't want to get a bad reputation in the area... and if your business reputation means nothing then do as you want and the heck with everything else.

If the owner gave him permission, i guess they can't get him on trespass charges, but your right, reputation in business and in life is everything.

 

[Droning on and on...]

If the owner gave him permission, i guess they can't get him on trespass charges, but your right, reputation in business and in life is everything.

Hence the "social rules" I discussed above vs. the law – the former can be far more punishing, and harder to recover from.

It's one thing to be busted for doing business without a permit... Pay the fine, get one.

A bad reputation on the other hand can be fatal to a business.

 

[Melvoid]

A few times I've had someone express problems with my taking aerial photos... most recently of a house that was out in the middle of nowhere, covered by plants and vines, and near collapse. They used the word "creepy" for what I was doing. I asked if they would be as concerned if I were standing on a ladder with a "regular" camera and taking pictures of the same house. I got no answer... just a confused look on their face.

I would have to trespass to do the ladder anyway. This way, I was out on the road.

 

[akdrone]

I agree with your sentiment, but a HOA is not a public location.

Are the roads within an HOA area private?

 

[Vic Moss]

Are the roads within an HOA area private?

It depends on who owns them. Some HOAs have private roads. If they city or county maintains them, they they are almost always public.

 

[GabrielBHappy]

He quickly ran into his unit, as if to either call someone or grab a gun!

Man… is that just normalized for y’all down there? The LAST place my mind would go was to think someone was grabbing a gun. Stuff just escalates differently up here I guess lmao! Sounds like you did the right thing, and you were in the right.

 

[Droning on and on...]

Man… is that just normalized for y’all down there? The LAST place my mind would go was to think someone was grabbing a gun. Stuff just escalates differently up here I guess lmao! Sounds like you did the right thing, and you were in the right.

No, it's actually not like that down here. Only in the fevered dreams of some members.

Google it. I can find a single example of a pilot being shot, in Utah (sadly killed) over a drone dispute. That's it.

There are a handful of incidents where someone shot at the drone, but still very few.

Your risk of serious, permanent hand injury doing a hand-catch is much great than being injured in a confrontation with Karen, no matter how skilled and experienced you are hand-catching.

 

[MS Coast]

Man… is that just normalized for y’all down there? The LAST place my mind would go was to think someone was grabbing a gun. Stuff just escalates differently up here I guess lmao! Sounds like you did the right thing, and you were in the right.

"He quickly ran into his unit, as if to either call someone or grab a gun!"

All that took place in the imagination of the person relating the story. Per the first post, there was no gun brandished and no violence. But, heaven help us all; it is entirely possible that the man did in fact go inside and call someone! Oh the horror.

 

[IFlied]

"He quickly ran into his unit, as if to either call someone or grab a gun!"

All that took place in the imagination of the person relating the story. Per the first post, there was no gun brandished and no violence. But, heaven help us all; it is entirely possible that the man did in fact go inside and call someone! Oh the horror.

Probably had to pee !