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

[Arkarian]

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

Causing a "nuisance" is what they can get you on if they call the police.

 

[FlySkyJumper]

I did the same thing in a high end neighborhood years ago. When you bring the law there isn’t much they can do. They rely on people being ignorant of the law.

This is also true!

 

[FlySkyJumper]

Causing a "nuisance" is what they can get you on if they call the police.

That's only if it can be proven and not a "he said" she said thing. Meaning they can prove without doubt you are stalking or spying on someone. Or flying at night without the proper approval and license. That sort of thing. The HOA can enact laws such as "no drones allowed in the premises" that sort of thing. The thing to realize is, it's a choice to move into a place where an HOA exists. Some places HOA's are necessary imo.

However if you do choose to live in an HOA controlled community, make sure you can live with their rules.

It's also important just to check your local laws to know for sure. As they change from city to city, county to county, state to state.

It's also important to know if you live in a handful of states in the US where the law states that the property owner does own the airspace up to 75ft AGL.

 

[Art Cox]

HOA's are a scam.

I'm not familiar with Fl. HOA rules but they cannot override Local ordinances. If you own your property they cannot stop you from launching and landing on "YOUR" Property.
As others have stated, Only the FAA can regulate Air Space.
Where I live in KY is Class G Airspace and I post on NextDoor that I am going to fly (day and time) and invite the neighborhood kids/parents over for drone education.

Here's my suggestion:
1) Get a sectional chart of your area. (make sure you're flying legally)
2) Get a copy of your Deed and zoning map showing your property lines.
3) Have your Part 107 or T.R.U.S.T. certification with you,
4) Print out as many FAA and State Regulations you can find on Drone use.
5) Request a meeting with the HOA Board.
Present your case politely. If they still insist you stop flying, tell them you'll see them in court.

 

[Walleye Hunter]

As I like to put it...they can afford to lose, can you afford to win? Unfortunately, there is no accountability for HOAs et al to overstep their bounds.

 

[FLDave]

HOA's are a scam.

I'm not familiar with Fl. HOA rules but they cannot override Local ordinances. If you own your property they cannot stop you from launching and landing on "YOUR" Property.
As others have stated, Only the FAA can regulate Air Space.
Where I live in KY is Class G Airspace and I post on NextDoor that I am going to fly (day and time) and invite the neighborhood kids/parents over for drone education.

Here's my suggestion:
1) Get a sectional chart of your area. (make sure you're flying legally)
2) Get a copy of your Deed and zoning map showing your property lines.
3) Have your Part 107 or T.R.U.S.T. certification with you,
4) Print out as many FAA and State Regulations you can find on Drone use.
5) Request a meeting with the HOA Board.
Present your case politely. If they still insist you stop flying, tell them you'll see them in court.

A copy of the deed is extremely important as the Covenants and Restrictions of the managed community are part of the deed and the run with the land. So, as a homeowner you explicitly accept the Covenants and Restrictions when you purchase the land. Understanding the details of the Covenants and Restrictions (many pages) is the first place to start. The OP never provided details, nor details about the community and the Association.
Meeting with the Board is generally not an option with an HOA. The Covenants and Restrictions provide the methods to follow in case of a violation notice. The Association does have the authority to regulate activities within the Association.

 

[drhitch54]

This whole thread is fishy:

The OP lives in a HOA community but has their own house on a one acre lot? That's weird.

There's no mention of FPV droid flying that is "sustained" over their property. If so, it is indeed a noise nuisance. The HOA use of commercial-hired lawnmowers etc are excluded from those covenants.

Initiating a flight on your property and flying off-site at a reasonable altitude (eg 100') should not be a nuisance violation ....from a HOA president perspective!!

 

[zeusfl]

At 100FT I cant hear my Mini 3 Pro over me unless you are full speed sport mode. How can that bother somebody. Is the quiet drone I ever hear.

 

[Torque]

The OP lives in a HOA community but has their own house on a one acre lot? That's weird.

Why? I live/own my home in an HOA community of 1/2 acre lots.

 

[shb]

I am starting to think that we need to purchase a db measuring device to show that the noise isn’t an issue. I would contact the HOA and ask them if they could be more specific about how it is a ‘nuisance’, maybe even offer an olive branch and say that you will not be flying the FPV. If it is a privacy issue, perhaps you can fly along the road and say you will not move your camera downward until you are outside the area, and explaining you have no interest in the houses and your interest is outside the area. Maybe invoice the president of the HOA to see you fly your drone and get him interested in drones, then get a neighbourhood drone club and then you can fly squadrons of drones over the houses.

I have a db meter, but our drones are only loud when you're very close to them. I think it's just bs, and these people just don't like drones.

 

[Earls Court]

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.

Excellent and wise advice!

 

[Heavydpj]

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.

First, I would note that the HOA rules are ones that you agreed to abide by when you moved into the HOA. As such, you are bound by them.

Keep in mind that while the HOA doesn't have jurisdiction over the airspace, they can vote to pass a rule prohibiting operations from HOA property.

Regarding the nuisance, claim - f an HOA or condo association wants to enforce a rule against nuisance, they must not only prove that the act that created the nuisance actually occurred, but they have the additional burden of being able to show that other owners and/or residents were, in fact, substantially affected by the act. The question is, "how far are you willing to go, and how far is the HOA willing to go?" Typically, HOA's don't enjoy going to court, so if you push, they may back down (unless they get a lot of noise complaints, for example).

Personally, I would approach the HOA during and speak with them respectfully, noting your training and certification. I would also point out FAA rules (and jurisdiction). I would also perhaps let them observe a flight.

 

[RS Bush Pilot]

First, I would note that the HOA rules are ones that you agreed to abide by when you moved into the HOA. As such, you are bound by them.

Exceptions:
If you have something (RV, boat, drone, etc.) or are doing some activity that is not prohibited by the rules in place when you bought your home, then would be "Grandfathered"; e.g. not prohibited, while others joining the community after that new rule was added, would be.

 

[Torque]

How about sending your neighbors this AI generated letter discussed earlier in this forum?:

Dear Neighbor,
I hope this letter finds you in good health and spirits. I am writing to inform you about my plans to fly a drone in the vicinity of our neighborhood, including over your house. I understand that this might raise concerns, so I would like to take a moment to explain why drone flying is legal and why I have decided to engage in this activity.
First and foremost, drones have become increasingly popular in recent years, and the Federal Aviation Administration (FAA) has set regulations to govern their use. According to the FAA, as long as drone pilots follow the rules and guidelines, they are allowed to fly their drones for recreational or commercial purposes.
I take the responsibility of flying my drone seriously, and I have taken all necessary precautions to ensure that it will not cause any harm or disruption to you or your property. I will be flying the drone in accordance with the FAA regulations, including keeping it below 400 feet and away from restricted airspace, such as airports.
Additionally, I will be flying the drone at a reasonable hour and for a limited amount of time to minimize any potential disturbance. I want to assure you that my drone will not cause any harm to you or your property, and I will make every effort to ensure a smooth and safe flying experience.
Thank you for taking the time to read this letter. I hope this explanation has helped address any concerns you might have had about my drone flying. If you have any further questions or concerns, please do not hesitate to reach out to me.
Best regards, [Your Name]

AI created letter to a neighbor

As purely an exercise in curiosity, I wondered how openai would address the legality of drone flight. The resulting letter was machine generated. Not my commentary. Sharing to just illuminate how the available corpus of data out there has influenced the response to the subject. For the...

mavicpilots.com

 

[MS Coast]

Here's my suggestion:
1) Get a sectional chart of your area. (make sure you're flying legally)

Use the B4YouFly app or web page rather than a sectional chart. Sectionals don't provide the detail or the information needed for drone operations.

 

[55Kevy]

The OP lives in a HOA community but has their own house on a one acre lot? That's weird.

I'm in an HOA of 12 parcels, the smallest of which is 5 ac. Granted, something this small shouldn't have be made into an HOA, but there it is, nevertheless.

 

[cv2065]

It's amazing to me that someone would complain about this as they really are not that loud, but that's the world we live in. As other's have said, if they are going down the nuisance road, this is a very broad topic for a public neighborhood and I would challenge with motorcycles, lawn services and even high performance vehicles. It either all gets banned or none at all.

 

[MS Coast]

It's amazing to me that someone would complain about this as they really are not that loud, but that's the world we live in. As other's have said, if they are going down the nuisance road, this is a very broad topic for a public neighborhood and I would challenge with motorcycles, lawn services and even high performance vehicles. It either all gets banned or none at all.

I suspect that it's not a noise issue. There are many people who inappropriately see drones as creepy peeping Tom or spy devices and feel very threatened by them. It's emotional, not rational.

If noise was the primary problem, leaf blowers would be regulated.

 

[RedBaron2]

How about sending your neighbors this AI generated letter discussed earlier in this forum?:

Dear Neighbor,
I hope this letter finds you in good health and spirits. I am writing to inform you about my plans to fly a drone in the vicinity of our neighborhood, including over your house. I understand that this might raise concerns, so I would like to take a moment to explain why drone flying is legal and why I have decided to engage in this activity.
First and foremost, drones have become increasingly popular in recent years, and the Federal Aviation Administration (FAA) has set regulations to govern their use. According to the FAA, as long as drone pilots follow the rules and guidelines, they are allowed to fly their drones for recreational or commercial purposes.
I take the responsibility of flying my drone seriously, and I have taken all necessary precautions to ensure that it will not cause any harm or disruption to you or your property. I will be flying the drone in accordance with the FAA regulations, including keeping it below 400 feet and away from restricted airspace, such as airports.
Additionally, I will be flying the drone at a reasonable hour and for a limited amount of time to minimize any potential disturbance. I want to assure you that my drone will not cause any harm to you or your property, and I will make every effort to ensure a smooth and safe flying experience.
Thank you for taking the time to read this letter. I hope this explanation has helped address any concerns you might have had about my drone flying. If you have any further questions or concerns, please do not hesitate to reach out to me.
Best regards, [Your Name]

AI created letter to a neighbor

As purely an exercise in curiosity, I wondered how openai would address the legality of drone flight. The resulting letter was machine generated. Not my commentary. Sharing to just illuminate how the available corpus of data out there has influenced the response to the subject. For the...

mavicpilots.com

Well and simply stated. Thank you from all of us who live in residential communities.

 

[anotherlab]

I suspect that it's not a noise issue. There are many people who inappropriately see drones as creepy peeping Tom or spy devices and feel very threatened by them. It's emotional, not rational.

If noise was the primary problem, leaf blowers would be regulated.

The OP mentioned in his first post that he believed this all started with the "excessive noise" (his words) from his DJI FPV drone. He was flying it in his neighborhood. That's going to be more intrusive than flying a cinematic drone 100 up in the air.

At this point, his best chance is to meet with the HOA board and see if there is any common ground that they could arrive at. if he goes the litigation route, he loses time, money, and relationships with other neighbors. I would start off by offering to educate anyone in the HOA on what the drone sees. Also, provide pictures to anyone that wants one. This is one of the times when “you get more flies with honey than with vinegar” will work for you.