HOA demands that I stop flying drones in the neighborhood. Need advice

[solidhouse]

Hello everyone,

I’ve received a letter today from my HOA demanding that I stop flying my drones in the neighborhood. The HOA doesn’t have anything specific to drones, however, they cited the “nuisance” clause in the HOA rules.

A little background, I’ve been flying various drones in the neighborhood for quite some time without any issues. I mostly fly my Mavic 3 and Mini 3 Pro. It wasn’t until recently that I’ve purchased and started flying a DJI FPV in the neighborhood as well. I believe it was this drone which caused the outrage here due to the excessive noise. I actually understand their concern about the noise and don’t plan on flying it anymore in the neighborhood.

With my Mavic 3 and Mini 3 pro, I usually take off from my driveway and the immediately fly outside of the neighborhood and go in some rather long journeys. I would like to continue taking off from my property with these 2 drones and take them outside of the neighborhood as usual.

I really don’t want to challenge the HOA on this issue. I’m actually thinking about going stealth with the HOA situation. Has anyone here ever encountered an issue like this before? Does anyone know how I can take off from my property without the neighbors hearing these drones? I was thinking about running a loud vacuum cleaner while taking off or running some other type of distraction / diversion while taking off. I like on 1 acre so could easily take off from the side or back of my yard and hopefully go straight up until the drone cannnot be seen. All of the others neighbors are on 1-3 acre lots so we are not exactly on rope of each other.

Any advice I can get for this would be greatly appreciated.

Thanks,

SH

 

[rickmurray1989]

Hello everyone,

I’ve received a letter today from my HOA demanding that I stop flying my drones in the neighborhood. The HOA doesn’t have anything specific to drones, however, they cited the “nuisance” clause in the HOA rules.

A little background, I’ve been flying various drones in the neighborhood for quite some time without any issues. I mostly fly my Mavic 3 and Mini 3 Pro. It wasn’t until recently that I’ve purchased and started flying a DJI FPV in the neighborhood as well. I believe it was this drone which caused the outrage here due to the excessive noise. I actually understand their concern about the noise and don’t plan on flying it anymore in the neighborhood.

With my Mavic 3 and Mini 3 pro, I usually take off from my driveway and the immediately fly outside of the neighborhood and go in some rather long journeys. I would like to continue taking off from my property with these 2 drones and take them outside of the neighborhood as usual.

I really don’t want to challenge the HOA on this issue. I’m actually thinking about going stealth with the HOA situation. Has anyone here ever encountered an issue like this before? Does anyone know how I can take off from my property without the neighbors hearing these drones? I was thinking about running a loud vacuum cleaner while taking off or running some other type of distraction / diversion while taking off. I like on 1 acre so could easily take off from the side or back of my yard and hopefully go straight up until the drone cannnot be seen. All of the others neighbors are on 1-3 acre lots so we are not exactly on rope of each other.

Any advice I can get for this would be greatly appreciated.

Thanks,

SH

Tell your HOA that they have NO jurisdiction over airspace... only the FAA does. They can stuff it.

 

[Phantomrain.org]

Thats not going to work, the person that reported you is not going to stop if they see you in the Air. I also live in an HOA condo and I had to collect signatures from everyone an attend a an HOA meeting . I had a friend on the Board that helped out. I pointed out that the Leaf Blowers that come at 7am are a real Nuisance and somehow everyone is fine with that intrusion in Privacy and Noise. Good luck bottom line HOA is bad news but great for my roof . lol

Phantomrain.org
Gear to fly in the Rain.

 

[rickmurray1989]

Thats not going to work, the person that reported you is not going to stop if they see you in the Air. I also live in an HOA condo and I had to collect signatures from everyone an attend a an HOA meeting . I had a friend on the Board that helped out. I pointed out that the Leaf Blowers that come at 7am are a real Nuisance and somehow everyone is fine with that intrusion in Privacy and Noise. Good luck bottom line HOA is bad news but great for my roof . lol

Phantomrain.org
Gear to fly in the Rain.

I disagree. I battled my HOA 20 years ago over their insistence upon banning satellite TV dishes, specifically the small DirecTV and DISH ones. I brought the relevant FCC rulings with me to the meeting which clearly stated that HOAs had no say in the matter, and they relented.

 

[RS Bush Pilot]

rickmurray is correct, and if you just roll over and let them stop you, you;ve allowed them to infringe on your rights under the FAA... print and deliver THIS, and Watch This Video.

 

[Phantomrain.org]

Sorry Let me Clarify : This is not going to work : "going stealth with the HOA situation."
Which is why I explained that the meeting with the HOA is what is needed to the OP.

Phantomrain.org
Gear to fly in the Rain. Land on the Water. and debate at HOA meetings.

 

[Walleye Hunter]

I have no input on this but am curious and would like to know how you make out. Those HOAs are worse than township supervisors.

 

[sar104]

Tell your HOA that they have NO jurisdiction over airspace... only the FAA does. They can stuff it.

That's correct, but unfortunately they can regulate the activities that take place on the property, such as flying a UAV, or causing a "nuisance".

 

[zeusfl]

The problem is that normally HOA has money to challenge their rules and go to court. Even when you are rights, you can win your case but cost money. You need to choose your battles.

I live as well in HOE community and that is exactly why I do not fly FPV drones here because all we need is one single neighbors to complain to put you in hot water.

Try providing copy of FAA rules and regulations to your board. The next card they can use is that you are violating the privacy with the "flying camera" this one can be even more controversial if you fly low or stop hovering.

As norm to my self, I never fly below 150FT while I am in my neighborhood and never stop in a building or house. Keep moving. Also at nights keep your drone with tons of lights to keep it professional and they don't complain. Also fly straights up to over 100FT before go forward.

Another tip that works was offer free drone classes to your neighbors and they will see what is all about. Believe me or not, I put the papers on my HOA office show them my Part 107 license and they give me the thumbs up. When somebody ask they know who I am and they explain them is completely legal and i do not have to explain anything.

This video was from few minutes ago that I was flying at nights my Air2S setup.

 

[Tufargon]

Funny how people react in different areas. I'm sure it's about the news media and what they decide to watch or listen to. Here, everyone gets excited when I tell them I'm planning to make a flight and ask if they can come and watch. The owners of the place where I live even bug me to make a video for the place but I keep telling them I'm not part 107 and then they always say "we won't tell anyone" but I won't do it.

 

[solidhouse]

I appreciate all of the feedback on this.

I’ll go ahead and attach the HOA letter here in case anyone cares to read it.

Feb 13, 2023

RE: Courtesy Violation Notice

This Notice is being written at the direction of the Board of Directors of Southoak Community Association, Inc. As a member of the Association, you are obligated to abide by the predetermined Covenants as found in the Association Governing Documents.

There have been numerous complaints from the community regarding the flying of drones at all times of the day and night. The high pitch noise the drone creates, especially when aerial maneuvers are performed, may cause anxiety for those with medical issues. In addition, the perception that the drone is hovering over someone's home is creating considerable concern with regards to the peace and tranquility of our neighborhood. The Board has consulted the HOA attorney with regards to the flying of the drone within the community. As per our HOA attorney, the flying of a drone within the neighborhood is considered “... a nuisance issue, both to the Association as a whole and to the specific owners who are impacted by it.” While we appreciate that this may be your hobby, you will need to find another location.

Violation: Article II, Section 7 - Nuisance Prohibited
Specifically “Each owner shall refrain from any act or use of his Lot which could reasonably cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood.”
Action Needed: Drones should not be flown within the community.

Required Compliance Date: Immediately.
We request that you be in compliance with the Homeowners Association’s Covenants so that no further action is necessary. Your cooperation in completing the item noted above would be appreciated by your Association and your neighbors.

Thank you in advance for your anticipated cooperation in this matter. If you have any questions regarding this notice, please contact us via email: **removed**

Sincerely,

The Board of Directors

 

[zeusfl]

The noise thing can be challenge for example when a helicopter flyby or a Harley Davidson as well. What they will do, ban the neighbored with the Harley? The trick is use your common sense while flying. Do not go in sport mode full power or even in normal mode. I keep it cool. You may try again keeping a discrete flying.

 

[shb]

Since you are willing to stop flying your FPV drone, write them back, and tell them that. With the other drones, make them take you to court. They might not want to bother. I was in a 4 unit condo in California. One owner was violating the rules buy renting his unit. Another owner complained and wanted him to stop renting it. The guy renting continued to rent, and the other guy didn't want to go through with the hassle of going to court. Maybe talk to a lawyer too.
According to RC Bush Pilots links, they can't ban drones. If they say the Mavic 3 is too noisy, I'm sure a lot of other homeowners are making more noise than that doing other things.

 

[akdrone]

I appreciate all of the feedback on this.

I’ll go ahead and attach the HOA letter here in case anyone cares to read it.

Feb 13, 2023

RE: Courtesy Violation Notice

This Notice is being written at the direction of the Board of Directors of Southoak Community Association, Inc. As a member of the Association, you are obligated to abide by the predetermined Covenants as found in the Association Governing Documents.

There have been numerous complaints from the community regarding the flying of drones at all times of the day and night. The high pitch noise the drone creates, especially when aerial maneuvers are performed, may cause anxiety for those with medical issues. In addition, the perception that the drone is hovering over someone's home is creating considerable concern with regards to the peace and tranquility of our neighborhood. The Board has consulted the HOA attorney with regards to the flying of the drone within the community. As per our HOA attorney, the flying of a drone within the neighborhood is considered “... a nuisance issue, both to the Association as a whole and to the specific owners who are impacted by it.” While we appreciate that this may be your hobby, you will need to find another location.

Violation: Article II, Section 7 - Nuisance Prohibited
Specifically “Each owner shall refrain from any act or use of his Lot which could reasonably cause embarrassment, discomfort, annoyance or a nuisance to the neighborhood.”
Action Needed: Drones should not be flown within the community.

Required Compliance Date: Immediately.
We request that you be in compliance with the Homeowners Association’s Covenants so that no further action is necessary. Your cooperation in completing the item noted above would be appreciated by your Association and your neighbors.

Thank you in advance for your anticipated cooperation in this matter. If you have any questions regarding this notice, please contact us via email: **removed**

Sincerely,

The Board of Directors

No clue but maybe they can stop you from launching from your house...but they can't' stop you from launching from any where NOT part of the HOA, or flying over it. I'm afraid you might have to get a lawyer but as I said.. no clue on that count.

 

[FLDave]

First thing is to read and fully understand the covenants and restrictions of the HOA and also the rules and regulations promulgated by the HOA. I assume you own the lot so the covenants and restrictions are part of the property deed/title. You can then decide if you want to hire an attorney and fight the violation notice; it won't go away on it's own. You do have to live with your community members and need to determine how much you want to antagonize them with further activities.

 

[FLDave]

My recommendation would be a humility approach. You could start with an informal discussion with one of the board members and explain that you would like to continue to fly but would be willing to change your practices so as not to disturb other community residents. You could offer some aerial photography and videos the the association to use for marketing while you have your 107 pilot certificate. You could also assure them that you will comply with FAA regulations of not flying over people and moving vehicles and while being respectful of people. You might start a YouTube channel to promote your community with your videos. You may need to restrict your flying just within your property lines. Living within a restricted community does have its challenges.

 

[spsphotos]

From the mention of maneuvers, I'm pretty sure it's the FPV drone that is the problem. They can be loud. Also, this concerns me, "go on some rather long journeys". What is a long journey? BVLOS? Your best bet is to go to an HOA meeting and bring up the fact that lawnmowers, leaf blowers, motorcycles, etc, tell them you will file a nuisance complaint if anyone starts one of those before 9 am or after 5 pm if they want to play that game. If everyone has such large plots sending the drone up 100-150' before moving forward should negate any noise issue and agreeing to not hover over other people's property might get them to back off. This is ANOTHER tick on my checklist why I will NEVER EVER buy a house in an HOA. The cons of HOA's far outweigh the pros IMHO.

 

[orionshooter]

i often wondered what recourse the HOA would have if an HOA member either (1) used the public roads from within the HOA property to launch and recover OR (2) flew into the same area from outside the HOA’s jurisdiction.

And yet another question, what if a non HOA member followed either of these protocols?

I agree that the typical Sunday morning lawn mower and weed whacker make more noise.

I‘d like to hear Vic Moss’ take on this.

 

[Bcampo]

With my Mavic 3 and Mini 3 pro, I usually take off from my driveway and the immediately fly outside of the neighborhood and go in some rather long journeys. I would like to continue taking off from my property with these 2 drones and take them outside of the neighborhood as usual.

If you are extending beyond Visual Line Of Sight on these "long journeys" outside your neighborhood then you are in violation of FAA regulations. "HOA Karen" could hold that against you if they actually try to find technicalities to restrain you. If you should really be launching/landing outside your neighborhood to safely do what you want to be doing anyway, then that sort of takes the HOA out of the equation.

Still fly, courteously, in your neighborhood if only to reinforce that the airspace belongs to the FAA.

 

[zeusfl]

I guess the trick will be HOE property end on the land. Once you take off from your property 100FT - 150FT up is FAA problem sices they can not rule airspace.

There is not the difference between lunch from outside the neighborhood and flyover.