HOA drone rules, how to educate them without putting a target on my back

[anotherlab]

When you belong to an HOA, you agree to follow their rules and regulations. The HOA is the collective voice of the community and can define rules that are more restrictive than local or federal laws and regulations. This is neither good nor bad, it's just the way it is.

If you want to get the drone rules revised, you need to participate in how the HOA handles this sort of thing. Go to the next meeting and talk to a board member after the meeting. Explain what you would like to change and offer to sit on any committee that would have oversight in how drones are used. Offer to provide a demonstration of how the drone works and what it can actually see for any board member or other interested parties. Offer to help word the rules so that they both address the noise and privacy concerns of the residents while allowing the use of a drone in a safe way within the neighborhood covered by the HOA. Each board is different, but this is a general idea.

Working from within the system may or may not. It depends a lot on the personalities of the board members and the relationships that you have with them. Following this path saves on legal expenses for you and the board (which means you as an HOA resident whose dues will pay for the legal fees) and you would not antagonize the board or other residences.

 

[boxodonuts]

I'm a lot of things, but I'm not an educator. Me trying to educate would be similar to me defending myself in a court of law. I know for certain that would be a huge mistake. These are people that think they know everything and they have no interest in being educated. They have been educated that it is illegal in many places to record audio, however they are moving forward with plans to install cameras that record audio with the reasoning that they will only listen to the audio when necessary. Seriously, [Comment removed by ADMIN].
I know my plan won't help anyone but me, but that's the best path forward for me, especially at this point in my life.

 

[anotherlab]

I'm a lot of things, but I'm not an educator. Me trying to educate would be similar to me defending myself in a court of law. I know for certain that would be a huge mistake. These are people that think they know everything and they have no interest in being educated. They have been educated that it is illegal in many places to record audio, however they are moving forward with plans to install cameras that record audio with the reasoning that they will only listen to the audio when necessary. Seriously, [Comment removed by ADMIN].
I know my plan won't help anyone but me, but that's the best path forward for me, especially at this point in my life.

I get it. Not every battle is the hill that you want to die on.

IANAL, but as long as the cameras are in a public place or a participant gives consent, it would be legal for an HOA in Arizona to have security cameras that record audio.

If the HOA board places cameras in areas where residents have a reasonable expectation of privacy, that's illegal in AZ (and probably most states). Someone should ask at a board meeting if any cameras will be placed in any area that would violate the resident's privacy. Then ask how the HOA was going to indemnify the board in case a resident or guest of a resident decides to sue the HOA. Board members have a fiduciary responsibility to protect the HOA, any board member that votes to install cameras in locations that can violate the reasonable expectation of privacy should be voted out. If you don't want to be that person to speak up, find another neighbor that would.

 

[mobilehomer]

The person who wrote the e-mail sounds reasonable, for someone who knows nothing about the actual law. If you can find that person, take him to lunch and discuss it. Have your references and FAA sites handy for factual education.

 

[howardK]

I used to live in a HOA in Westin FL. The president of the HOA lived on my street. One time at a party he talking how he liked to walk through people's yards, at night, looking for those things we weren't supposed to have. I told him that if i see a person in my yard at night i will consider that a threat and break out the Uzi (i did not own any firearms back then). Needless to say he never came in my yard and frankly i will never live in another area with an HOA>

 

[twickers14]

HOA is a generic representation of Home Owners Association which may be used to represent Property Owners Association, Residents Cooperative Association, all of which are business corporations whose members agree to reside in a defined legal boundary. The association is bound by covenants and restrictions which define permitted and restricted activities within the community property boundaries. All members/residents accept the restrictions when purchasing the property with the community.

Oh thanks. Very interesting. We live in a 1860 Victorian house and the Deeds refer to us not being able to keep pigs in the garden (backyard)! Not sure we’ll test it but might give it a go. Too many houses To be able to fly anyway!

 

[Paludo]

The best answer was
Many HOA's have retained legal counsel. You could learn who that is for the association and work with the person to educate about FAA airspace rules. There will still be many alternate means for the HOA to restrict drone flying.
We live in an HOA, and I've had the cops called, and the HOA called. The cops knew that the FAA controls the airspace, and told the individual that there was nothing wrong with what I was doing, but the HOA rep came by, and I just asked for the contact info on their legal counsel. After a brief email exchange, he 'taught' the HOA board the legalities that they were trying to infringe on, and that was the end of the issue.

 

[karlblessing]

HOA is a generic representation of Home Owners Association which may be used to represent Property Owners Association, Residents Cooperative Association, all of which are business corporations whose members agree to reside in a defined legal boundary. The association is bound by covenants and restrictions which define permitted and restricted activities within the community property boundaries. All members/residents accept the restrictions when purchasing the property with the community.

And sadly they're becoming more common. I used to live in a small neighborhood that had one... never again am I going to move somewhere where I'd have to deal with a HOA.

 

[Torque]

My HOA is fantastic IMO. Nothing unreasonable - no cars in the yard, RVs have to be parked off the street, yards/weeds maintained, etc. Keeps my property values up. We're surrounded by non HOA neighborhoods full of jacked up cars and meth houses There are some that are too restrictive, so read the documents well before you buy in an HOA neighborhood. This is my 3rd HOA, I researched each prior to purchase and prefer living in a neighborhood that has pride in its homes.

 

[karlblessing]

My HOA is fantastic IMO. Nothing unreasonable - no cars in the yard, RVs have to be parked off the street, yards/weeds maintained, etc. Keeps my property values up. We're surrounded by non HOA neighborhoods full of jacked up cars and meth houses There are some that are too restrictive, so read the documents well before you buy in an HOA neighborhood. This is my 3rd HOA, I researched each prior to purchase and prefer living in a neighborhood that has pride in its homes.

Third one eh... Seems like you're well enough to just move on if it doesn't work out.

 

[Torque]

Third one eh... Seems like you're well enough to just move on if it doesn't work out.

Hardly. My first was a Salt Lake City, Ut condo in 1979. Then a home north of Seattle in 1997, and a home south of Seattle in 2016. Nothing unusual about moving several times over 44 years span...

 

[FLDave]

First our Property Owners Association was great; our second is a cooperative association. Both great, but serve different purposes. Neither one had any rules or problems with drone flying. Current with a marina with lake access and no pets is great.

 

[Jake Fortune]

I'm a lot of things, but I'm not an educator. Me trying to educate would be similar to me defending myself in a court of law. I know for certain that would be a huge mistake. These are people that think they know everything and they have no interest in being educated. They have been educated that it is illegal in many places to record audio, however they are moving forward with plans to install cameras that record audio with the reasoning that they will only listen to the audio when necessary. Seriously, [Comment removed by ADMIN].
I know my plan won't help anyone but me, but that's the best path forward for me, especially at this point in my life.

I find it interesting that the same people who think it is an invasion of privacy to have a drone flying around have no problem setting up surveillance cameras with audio recordings.

 

[anotherlab]

I live in a newish housing development (about 5 years old). Because it is surrounded by areas defined as wetlands, our town mandated an HOA to ensure that the wetlands are protected, Our HOA covenant is pretty limited with the biggest non-wetland items being about where you can park cars and RVs. I know other people have had bad experiences with HOAs, but they are not all cut from the same cloth.

 

[karlblessing]

#NotAllHOA ...

 

[lewisrassee]

It really does complicate flying opportunities, even if unenforceable.
My suggestion is to befriend one of the Showbox jiofi.local.html tplinklogin association board members as they board of directors are the ones who set policy.

 

[JLinSobe]

HOA is a generic representation of Home Owners Association which may be used to represent Property Owners Association, Residents Cooperative Association, all of which are business corporations whose members agree to reside in a defined legal boundary. The association is bound by covenants and restrictions which define permitted and restricted activities within the community property boundaries. All members/residents accept the restrictions when purchasing the property with the community.

It’s the most stupid American invention.

Unheard in the rest of the world. All that it took was a bit of brainwashing by the Media and sheyster lawyers to enact the most repressing and insane policy that anybody could think of.

Basically you owe nothing. They can sue the homeowner for a myriad of clauses, and can make everybody feel like being in a primary school horror story.

They supposedly maintain the value of plywood and cardboard houses. Prison boards run by psychopathic losers. It’s just nuts.

Avoid them like the plague.

 

[shawgod]

I was under the impression that the the airspace above peoples property is governed by the FAA and is not restricted airspace unless told so by the FAA. HOAs can't dictate to drone owners where to fly a drone as much as they want to flex that muscle. It is like telling airliners and airplanes that they can't fly above their properties. They don't own the airspace above their properties. If the drone owner is spying into someones property or becoming a nuisance then the police can get involved. As for shooting down a drone, isn't it like shooting an aircraft and hold the same penalties as shooting down an airliner or airplane? This is something you may want to remind people who threaten you if they want to shoot down your drone.

 

[Jake Fortune]

It’s the most stupid American invention.

Unheard in the rest of the world. All that it took was a bit of brainwashing by the Media and sheyster lawyers to enact the most repressing and insane policy that anybody could think of.

Basically you owe nothing. They can sue the homeowner for a myriad of clauses, and can make everybody feel like being in a primary school horror story.

They supposedly maintain the value of plywood and cardboard houses. Prison boards run by psychopathic losers. It’s just nuts.

Avoid them like the plague.

You are not wrong.

 

[anotherlab]

I was under the impression that the the airspace above peoples property is governed by the FAA and is not restricted airspace unless told so by the FAA. HOAs can't dictate to drone owners where to fly a drone as much as they want to flex that muscle. It is like telling airliners and airplanes that they can't fly above their properties. They don't own the airspace above their properties. If the drone owner is spying into someones property or becoming a nuisance then the police can get involved. As for shooting down a drone, isn't it like shooting an aircraft and hold the same penalties as shooting down an airliner or airplane? This is something you may want to remind people who threaten you if they want to shoot down your drone.

HOAs have no jurisdiction over FAA-regulated airspace. But they can regulate activities that go on within the boundaries of the HOA. If you buy or rent a home that is part of an HOA, you have agreed to abide by the covenants of the HOA.

HOAs can not create rules that go against the law. And they can't enforce rules inconsistently. If the HOA bans drones over noise concerns but lets other people make an equal or greater amount of noise, they could be in violation of the Fair Housing Act.