Lady Complained to HOA about drones in Neighborhood

[Chip]

THE HOA HAS NO AUTHORITY WHAT SO EVER IN REGARDS TO DRONES AND AIRSPACE!!! PERIOD

You're missing my point. Most HOAs have rules and regulations (CC&Rs) governing noise, nuisance, neighbor conflict resolution, etc. that run with the land and are enforceable in state court. The CCRs do not need to expressly prohibit a specific activity for the HOA to restrict or prohibit it under its general authority.

 

[Cyberpower678]

Let's clear things up. They have no real authority to stop from flying over the neighborhood. They can try, but they will likely fail. However, if you're in the neighbor and subject to their restrictions, they can FINE you for violating their rules, but they can't take your drone away, or have you arrested.

 

[Chip]

Let's clear things up. They have no real authority to stop from flying over the neighborhood. They can try, but they will likely fail. However, if you're in the neighbor and subject to their restrictions, they can FINE you for violating their rules, but they can't take your drone away, or have you arrested.

I agree that the HOA cannot arrest anyone or confiscate personal property. However, the HOA's power to impose fines on homeowners can be a big hammer especially when many states allow HOAs to record a lien against the property of any member who owes money. HOAs may also have internal grievance procedures which must be timely followed to preserve an objection or claim. This is why I say best to read CCRs and any other HOA rules and regulations very carefully especially after receiving a complaint from a neighbor or letter from the HOA President.

 

[dbyantis]

Our HOA Prez sent this out a few days ago. Comments welcome


The Board President has requested that I send the following information notice to you.
“Drones have become increasingly popular as the prices have dropped. They can be fun to operate but if you operate one, please respect the privacy of your neighbors.
If you operate a drone within The Ridings, please do not fly it over your neighbor’s (or any homeowner’s) property or lot without their express permission.
Drones and/or other remote controlled devices shall not be flown over the HOA clubhouse, HOA pool, HOA ponds, any other HOA common property, or over any of the Tidewater drip/drainage fields at any time, without the advanced written permission of the Board of Directors. Thank you for your consideration.”

The issue of legality of these rules will not be tested in court until someone can foot the legal bill to have an HOA "regulation" regarding flight restrictions got to court, usually an HOA has a lawyer on retainer, ready to start the clock. Until then, they will levy a fine, that turns into a lien on the house at the time of sale, then with room full of agents ready to close the sale, you pay up.

 

[motopokep]

many of you are correct. HOAs have the authority to enact internal rules that are stricter than laws. For example, while it's perfectly legal to park a commercial vehicle, like a taxi or a construction-type van with a ladder on top and commercial paintwork, in the driveway of my house, HOA's are free to restrict parking of commercial vehicles on their property. While it's legal to own a dog of any size in my house, in my town, HOAs often restrict pet weight to 35 pounds, to prevent large dogs and the danger they can carry (not to say that some small dogs can't be dangerous). I've seen HOAs dictate what color the doors and windows must be on the outside. If your garage door is a bit dented, you have to replace it to make it not look bad. You can't grill on your patio or a balcony, although the law doesn't prohibit that generally. I've even seen HOAs dictate residents to use a certain type of garbage bag, not surprisingly mass-purchased by the HOA from one vendor, and the cost shared among homeowners.

So yes, HOA's are free to enact drone regulations for people controlling the drone while standing on their property. That is, they can only bind their members or guests who are on HOA grounds. They have no legal means of stopping me, who is living across the fence, from flying over their property, as they don't control the air above their property, since the Supreme Court hasn't drawn a clear line how much airspace we own, so the reasonableness test would kick in as far as how low I can fly without interfering their privacy and operations. It's no different than flying over someone's private house.

Btw, I'm on an HOA board