HOA vs FAA ?

[rhiner]

HOAs have enormous power... and often big legal budgets. While they may well be wrong, it would be very expensive (on multiple levels) to prove it.

 

[Skywalker]

One thing the OP might want to look into is the process of how new rules are created. The community bylaws should explain if that requires a majority homeowner vote, etc.

My thought as well. How did this come to be? Changing the declarations or bylaws takes a vote in favor of a large portion of the community (e.g. 75%). Has to be announced in advance, and voted on in a meeting of the members. In reality it's difficult to get 50% of the homeowners to respond.

We had a former BOD try to sneak baring daycare in the Architectural Criteria and Standards. Doesn't take a HOA vote, just the ARB and backed by the BOD, but that had nothing to do with the way your property looked or changes to your property. We had it removed.

Unless it's in the declarations or bylaws, your HOA has little power. Even for noise. Got any loud exhausts or bikes in your community? The whine of a drone doesn't compare.

Take msingers advice and ask how that rule was established.

 

[barrybcar]

I interested in seeing of the OP posts back over the next few weeks with updates/follow ups. Would like to see where this ends up going.

 

[sar104]

I have attempted to do roof inspections in communities where they have succeeded in getting the FAA to place a no-fly zone. And was unable to do the job. My answer may be somewhat off point, but the HOA might succeed in doing the same thing. In the meantime, I would honor the HOA requests.

The only drone no-fly zones set by the FAA are for national security reasons, mostly around critical infrastructure. Communities cannot get the FAA to restrict airspace in any way.

 

[Skywalker]

I interested in seeing of the OP posts back over the next few weeks with updates/follow ups. Would like to see where this ends up going.

Me too. There's a strategy for getting a decision to go your way. That is to have the board call a vote to ban drones. I'd bet money they will not get enough participation. And you can also go door to door collecting favorable proxies.

 

[Firejay27]

Something you need to note. You already live there and you signed an agreement that didnt include a drone clause. The HOA can not change existing rules until a vote of the homeowners takes place. If the homeowners dont vote for it then any additional restrictions imposed that you did not sign when you moved in are invalid. This would hold true for any rule change from saying you cant have a fence a certain color to parking in the street to making everyone change their house color.

This keeps a person from getting on the board that simply doesnt like something from enacting a rule to satisfy their personal wishes vs the wishes of the community they serve.

I would also take into account if you're in a gated community or not. Most non gated communities have city owned streets and the HOA cant stop you from putting your drone in the street and taking off as that's public property.

 

[kwilliams6045]

Something you need to note. You already live there and you signed an agreement that didnt include a drone clause. The HOA can not change existing rules until a vote of the homeowners takes place. If the homeowners dont vote for it then any additional restrictions imposed that you did not sign when you moved in are invalid. This would hold true for any rule change from saying you cant have a fence a certain color to parking in the street to making everyone change their house color.

This keeps a person from getting on the board that simply doesnt like something from enacting a rule to satisfy their personal wishes vs the wishes of the community they serve.

I would also take into account if you're in a gated community or not. Most non gated communities have city owned streets and the HOA cant stop you from putting your drone in the street and taking off as that's public property.

The only drone no-fly zones set by the FAA are for national security reasons, mostly around critical infrastructure. Communities cannot get the FAA restrict airspace in any way.

HOAs have enormous power... and often big legal budgets. While they may well be wrong, it would be very expensive (on multiple levels) to prove it.

Well said!!! They definitely cannot control airspace.

 

[SkyDogII]

I bet they already had a vote at the last hoa meeting... did you go.?

hoa is like a mini city they can do what they want but they need to vote in public like the guys say above.

Good luck with the cause .....
hoa’s are nothing but trouble. Not for me.

 

[AMann]

I don’t live in a HOA, and am in a non-incorporated part of our county. My neighbor has chickens and there’s a pony in the front yard a couple houses up the street. I have a trailer parked up front and the guy across the street has a short block V8 sitting on his driveway next to the old Chevy Luv he is putting it in, and there’s two old Karmen Gias being restored in front of the house next to his. Nobody’s home has ever been broken into here and the last guy that tried was arrested by two of the neighbors. I know most of my neighbors by first name and we go to eachother’s homes for special occasions. Wouldn’t move for anything into a HOA neighborhood! I can legally fly here too, but prefer not to bug the neighbors. Besides, there’s a BLM parcel about a mile away and nobody goes there, so its my private flying hill.

 

[AnzacJack]

The only drone no-fly zones set by the FAA are for national security reasons, mostly around critical infrastructure. Communities cannot get the FAA restrict airspace in any way.

I was thinking that, but not all over your laws in the U.S.

 

[kwilliams6045]

I was thinking that, but not all over your laws in the U.S.

There was a great point earlier...they do not own the city / county right of ways. That will be an obstacle for an HOA to govern you utilizing a right of way to launch your uas and then regulate airspace. I’d love to see the money they spend trying to obtain that type of control. It’ll be interesting to see how it turns out.

 

[BigAl07]

I have attempted to do roof inspections in communities where they have succeeded in getting the FAA to place a no-fly zone. And was unable to do the job. My answer may be somewhat off point, but the HOA might succeed in doing the same thing. In the meantime, I would honor the HOA requests.

Someone fed you a line of BS my friend. To my knowledge the only even remotely private entity to get any type of Flight Restrictions would be the Disney Company. The amount of paperwork and permissions we have to get in order to get a TFR for an honest to goodness emergency is mind boggling and more often than not denied. Can you imagine what your local FSDO is going to do when an HOA requests their area become a legitimate TFR?

If someone says they have an FAA TFR over your HOA I'd politely ask them to show it to me on the FAA TFR map. It won't be there . . . .

 

[MavicVA]

Someone fed you a line of BS my friend. To my knowledge the only even remotely private entity to get any type of Flight Restrictions would be the Disney Company. The amount of paperwork and permissions we have to get in order to get a TFR for an honest to goodness emergency is mind boggling and more often than not denied. Can you imagine what your local FSDO is going to do when an HOA requests their area become a legitimate TFR?

If someone says they have an FAA TFR over your HOA I'd politely ask them to show it to me on the FAA TFR map. It won't be there . . . .

Turtle Creek in Dallas has one. ?

 

[BigAl07]

Turtle Creek in Dallas has one. ?

I've been wrong before but I can't find that one for the HOA. Can you link me to it?

 

[MavicVA]

I've been wrong before but I can't find that one for the HOA. Can you link me to it?

GWB lives there. I was taking flying lessons out of Addison which is wedged between DFW and Love field. It was always on the NOTAMs

 

[BigAl07]

GWB lives there. I was taking flying lessons out of Addison which is wedged between DFW and Love field. It was always on the NOTAMs

Ah gotcha. Yea that's a VIP thing which is a little different. I see the VIP ones listed but a HOA didn't set that one up. It's set up for all living Pres and VP and it goes with them then they travel/move.

Good point but it's about the VIP and not established by the HOA. Good call though.

 

[GFields]

Someone fed you a line of BS my friend. To my knowledge the only even remotely private entity to get any type of Flight Restrictions would be the Disney Company. The amount of paperwork and permissions we have to get in order to get a TFR for an honest to goodness emergency is mind boggling and more often than not denied. Can you imagine what your local FSDO is going to do when an HOA requests their area become a legitimate TFR?

If someone says they have an FAA TFR over your HOA I'd politely ask them to show it to me on the FAA TFR map. It won't be there . . . .

Sorry, but you are wrong! NO one fed me anything!

DJI Go 4 app said it was s No-FLY zone. DJI no-fly unlock was not available either. When I returned home, I called the FAA and confirmed. So, now, you can now add this to your knowledge bank.

 

[BigAl07]

Sorry, but you are wrong! NO one fed me anything!

DJI Go 4 app said it was s No-FLY zone. DJI no-fly unlock was not available either. When I returned home, I called the FAA and confirmed. So, now, you can now add this to your knowledge bank.

Easy there bud... I already said I've been wrong before but I'm on the mindset PROVE IT TO ME! Show me the area where an individual HOA established flight restrictions. For the record.... lots of areas are UNDER flight restrictions but that doesn't mean the HOA established it.

Show me the area and let's research it. I'm not above being proven wrong.. it happens quite often but I do want to see the evidence before I admit I messed up. Easy Peasy

 

[GFields]

The only drone no-fly zones set by the FAA are for national security reasons, mostly around critical infrastructure. Communities cannot get the FAA to restrict airspace in any way.

Sorry, but you are wrong!

DJI Go 4 app said it was s No-FLY zone. DJI no-fly unlock was not available either. When I returned home, I called the FAA and confirmed.

I know that many think they have all the answers but I also know what I know from being in the field. I don't post to create arguments, I post what I have learned from experience. And as I said, this community had a no-fly zone.

 

[BigAl07]

Sorry, but you are wrong!

DJI Go 4 app said it was s No-FLY zone. DJI no-fly unlock was not available either. When I returned home, I called the FAA and confirmed.

I know that many think they have all the answers but I also know what I know from being in the field. I don't post to create arguments, I post what I have learned from experience. And as I said, this community had a no-fly zone.

Then give us the details of the community so we can go and research it and learn for ourselves. We are all about learning and growing our knowledge in all areas of this industry. It only takes a moment to research an area to see what the TFR is for and who created it. Easy Peasy.