Well—it happened. Neighbors complaining.

[TailBent]

Are you sure that you have understood that law correctly? Florida HB 1027 330.41 (3) (b) says:

Except as otherwise expressly provided, a political subdivision may not enact or enforce an ordinance or resolution relating to the design, manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned aircraft system, including airspace, altitude, flight paths, equipment or technology requirements; the purpose of operations; and pilot, operator, or observer qualifications, training, and certification.​

A HOA is not a political subdivision. It's a private organization and, as such, can make any rules that it likes regarding activities on its land.

1. Talk is cheap. I have found that in life, about 10% of people are negative, complain, and are against everything. That leaves 90% that are reasonable, supportive, and understanding if they are informed. Talk to them and ignore the complainers. An HOA has to have at least a majority to make rules, and there should be an open discussion prior where you could explain what you are doing.
2. If it is an HOA bylaw they want to pass against noise, make sure it includes lawn mowers, motor cycles, and hot rods, and parties. That should defeat it.
3. Don't give in to bullies. They are always louder than everyone else. Stand your ground and enjoy your hobby legally.

 

[Lets Fly]

A HOA is not a political subdivision. It's a private organization and, as such, can make any rules that it likes regarding activities on its land.

I would assume (Its) land would be the HOA common area and not my private property.
And FAA still controls the air.

 

[GFields]

Greetings welcome to the forum!

I too live in a neighborhood with an HOA. Fortunately, no one has complained. My immediate neighbors know I have an Aerial Photography business.

Perhaps, just talk to your neighbors and answer their questions

 

[Reginald E Johnson]

Got my DJI Mavic Air S2 yesterday. Pretty stoked. Did my verification videos, got insurance, went up to 400ft the 2nd day, registered w/ FAA, familiarized myself with the rules—all is good.

I live in an HOA. When I take off, I switch to sport mode and get up as high as possible to reduce noise. It's still quite loud at 350-400 feet. I am noise-conscious with my drone; if I feel it's too loud, I increase altitude. As I was capturing great shots of my neighborhood, I overhear my neighbors talking about the drone. "Well they have a right to fly it (mocking tone), but it's annoying". He was talking to another neighbor across the street. They don't know it belongs to me.

And now, the SECOND DAY in the hobby, I feel if I have to take sporadic breaks between flying as to not impose new HOA regulations on drones. All it takes is one neighbor to complain. It's a bummer. I'm nineteen; videography is a fun little hobby of mine. I take my GoPro mountain biking and hunting then spoof them up in Premiere. Yesterday, I shot some clips in DLOG on the Air S2 and they came out beautiful after color-correcting. The thought of having to slow down to please my neighbors is lame.

Number one Rule of Drone Flying! Never let them see you take off or with it! I also possess a M2 Zoom and at 400 Feet, you don’t see or hear it!

 

[sar104]

I would assume (Its) land would be the HOA common area and not my private property.
And FAA still controls the air.

No - the HOA typically has authority over the entire property by covenant. And so while the FAA does control the airspace, an HOA can prohibit flying drones from common areas and private property.

 

[FlysafeFry]

Do they complain about the noise when neighbors mow there lawn? The lawnmowers are only about 10 times louder than any consumer drone. Just fire up the lawnmower, then fly your drone and they will never notice.

I also agree that more remote areas will give you much better subject matter for your videos. You will also avoid disturbing your neighbors and their perceived invasion of privacy.

I like the way you think very smart, and for the Neighbors being in someone else business that reminds me of a small video my son showed me on Instagram the other day it was a young man probably in his 30 s. Mowing his yard and down the street the distance Neighbors was being arrested for chargers no one knows about I guess but the man was just minding his business mowing his yard and that’s a good Neighbor one that minds his own ??

 

[Ron Caballero CAP]

Got my DJI Mavic Air S2 yesterday. Pretty stoked. Did my verification videos, got insurance, went up to 400ft the 2nd day, registered w/ FAA, familiarized myself with the rules—all is good.

I live in an HOA. When I take off, I switch to sport mode and get up as high as possible to reduce noise. It's still quite loud at 350-400 feet. I am noise-conscious with my drone; if I feel it's too loud, I increase altitude. As I was capturing great shots of my neighborhood, I overhear my neighbors talking about the drone. "Well they have a right to fly it (mocking tone), but it's annoying". He was talking to another neighbor across the street. They don't know it belongs to me.

And now, the SECOND DAY in the hobby, I feel if I have to take sporadic breaks between flying as to not impose new HOA regulations on drones. All it takes is one neighblor to complain. It's a bummer. I'm nineteen; videography is a fun little hobby of mine. I take my GoPro mountain biking and hunting then spoof them up in Premiere. Yesterday, I shot some clips in DLOG on the Air S2 and they came out beautiful after color-correcting. The thought of having to slow down to please my neighbors is lame.

If you want to fly in your neighborhood, I have two suggestions. One, offer your neighbors that you will photograph their homes, from all sides, and put their photos on their computers at no charge. My neighbors loved it. 2) Make a three-D map of the neighborhood and offer that to them as well. You can do that at no charge with the "free look" periods of Pix4D or DroneDeploy and processing with Agisoft Metashape. If you want guidance, write to me at [email protected].

 

[Fort Pierce Pilot]

I was thinking about an Air S2 but if it makes that much noise - forget it. I use my mini and my MPP over communities all the time and above 100ft no-one notices. Sounds like there is more going on there than drone noise or that drone is way too noisy. I will admit I never use sport mode.

 

[Old Dog- New Tricks]

Living with my first HOA in Florida is a pain in the a**. Here is a link for the State info "Unmanned Aircraft Systems Act". I made a copy of it and highlighted a couple of pertinant parts in yellow for easy reference. Keep a copy in the backpack with the Drone. Search & Browse Hope this helps us Floridians.

 

[spudster]

Are you sure that you have understood that law correctly? Florida HB 1027 330.41 (3) (b) says:

Except as otherwise expressly provided, a political subdivision may not enact or enforce an ordinance or resolution relating to the design, manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned aircraft system, including airspace, altitude, flight paths, equipment or technology requirements; the purpose of operations; and pilot, operator, or observer qualifications, training, and certification.​

A HOA is not a political subdivision. It's a private organization and, as such, can make any rules that it likes regarding activities on its land.

It also contains this:

(d) A person or governmental entity seeking to restrict or limit the operation of drones in close proximity to infrastructure or facilities that the person or governmental entity owns or operates must apply to the Federal Aviation Administration for such designation pursuant to s. 2209 of the FAA Extension, Safety, and Security Act of 2016.

 

[maven4336]

Well different people have different opinions but when you get up to three or 400 feet the wind can be astronomical my buddies brand new air-2, and it seems like a very light drone the wind bumps it around a lot and we were only 60 feet in the air I was just letting you know since you’re a new pilot it’s not safe to fly that high in the air I just don’t want you to lose your new drone and as far as the complaining neighbors if you stay at a sport mode that Drone is so quiet sounds like your neighbor needs to get a new lifeHe wouldn’t make it beside me very long that’s why I live in the country and have 5 acres and I’m from Texas good luck

 

[Lastrexking]

I’m glad we don’t have HOAs’ in the UK. I honestly don’t understand how they can enforce anything. Surely your property is yours to do as you wish?

 

[CalOldBlue]

Got my DJI Mavic Air S2 yesterday. Pretty stoked. Did my verification videos, got insurance, went up to 400ft the 2nd day, registered w/ FAA, familiarized myself with the rules—all is good.

I live in an HOA. When I take off, I switch to sport mode and get up as high as possible to reduce noise. It's still quite loud at 350-400 feet. I am noise-conscious with my drone; if I feel it's too loud, I increase altitude. As I was capturing great shots of my neighborhood, I overhear my neighbors talking about the drone. "Well they have a right to fly it (mocking tone), but it's annoying". He was talking to another neighbor across the street. They don't know it belongs to me.

And now, the SECOND DAY in the hobby, I feel if I have to take sporadic breaks between flying as to not impose new HOA regulations on drones. All it takes is one neighbor to complain. It's a bummer. I'm nineteen; videography is a fun little hobby of mine. I take my GoPro mountain biking and hunting then spoof them up in Premiere. Yesterday, I shot some clips in DLOG on the Air S2 and they came out beautiful after color-correcting. The thought of having to slow down to please my neighbors is lame.

Got my DJI Mavic Air S2 yesterday. Pretty stoked. Did my verification videos, got insurance, went up to 400ft the 2nd day, registered w/ FAA, familiarized myself with the rules—all is good.

I live in an HOA. When I take off, I switch to sport mode and get up as high as possible to reduce noise. It's still quite loud at 350-400 feet. I am noise-conscious with my drone; if I feel it's too loud, I increase altitude. As I was capturing great shots of my neighborhood, I overhear my neighbors talking about the drone. "Well they have a right to fly it (mocking tone), but it's annoying". He was talking to another neighbor across the street. They don't know it belongs to me.

And now, the SECOND DAY in the hobby, I feel if I have to take sporadic breaks between flying as to not impose new HOA regulations on drones. All it takes is one neighbor to complain. It's a bummer. I'm nineteen; videography is a fun little hobby of mine. I take my GoPro mountain biking and hunting then spoof them up in Premiere. Yesterday, I shot some clips in DLOG on the Air S2 and they came out beautiful after color-correcting. The thought of having to slow down to please my neighbors is lame.

HOAs operate under state or local rules; in most locales they cannot just pass a regulation without public hearings and/or votes of the homeowners. You should make sure you are aware of the HOA Board meetings, and what is on the agenda. If drones show up you (or whoever owns the property you live in) shows up to make a case.

Several replies on this thread give you some great ammunition (e.g. for noise, 'no worse than lawnmowers which are not banned'... if they cite privacy point out that is already covered in existing law... etc.).

Meanwhile, continue to be as small a 'nuisance' as you can.

 

[CalOldBlue]

I’m glad we don’t have HOAs’ in the UK. I honestly don’t understand how they can enforce anything. Surely your property is yours to do as you wish?

HOAs exist where this is common property; usually in a development (single or multi-family) where there are private parks, clubhouses, etc. The HOAs 'own' the common property, and depending on the CC&Rs (rules) can dictate things that impact the community as a whole; including but not limited to paint colors, architectural additions, eyesores.

It's a plus/minus kind of thing. And yes, I live in a community that has an HOA and the Architectural Control Committee can be a pain at times.

It IS your property, but you WERE given a copy of the CC&Rs before you bought and you DID agree to them. I get people don't like them, but you don't have to buy into a development with an HOA.

 

[Skywalker]

HOAs exist where this is common property; usually in a development (single or multi-family) where there are private parks, clubhouses, etc. The HOAs 'own' the common property, and depending on the CC&Rs (rules) can dictate things that impact the community as a whole; including but not limited to paint colors, architectural additions, eyesores.

It's a plus/minus kind of thing. And yes, I live in a community that has an HOA and the Architectural Control Committee can be a pain at times.

It IS your property, but you WERE given a copy of the CC&Rs before you bought and you DID agree to them. I get people don't like them, but you don't have to buy into a development with an HOA.

You break the rules you get a violation. If you don't mitigate the violation fines begin. Fines can lead to a lien on your home.

 

[MAvic_South_Oz]

the Architectural Control Committee can be a pain at times

Must be a large HOA, would have thought one committee would oversea all matters.
Is their a Sunday morning lawnmowing committee ?? ?

You break the rules you get a violation. If you don't mitigate the violation fines begin. Fines can lead to a lien on your home.

Something to be aware of before buying into a home in a HOA area.
I don't think it's very common here in Australia, but strata apartments etc do have the strata managers, and I know from a family member owning such an apartment, they can be very strict and a huge range of things.

It's good and bad, I guess no one wants to live in a nice suburb with folk that don't care about the appearance of their property.
It's the biggest investment most people make in their lives.

 

[SpitFire]

Welcome to the forum from Chicago the Windy City.
I live in a 55 and over community, same issue here. Been getting to know my neighbours. According to the Trust safety test, "the person flying the drone is ultimately responsible for all aspects of the flight, including where it flies, how high it flies, and that all rules and regulations are followed.
Its a free course, to help all new drone pilots to learn Completing this course, you will meet the requirement to pass an aeronautical and safety test required by title 49 US code. During this course you will learn how to plan your flights and how to fly safely in the National Airspace System.
Fly safe.

 

[sar104]

It also contains this:

(d) A person or governmental entity seeking to restrict or limit the operation of drones in close proximity to infrastructure or facilities that the person or governmental entity owns or operates must apply to the Federal Aviation Administration for such designation pursuant to s. 2209 of the FAA Extension, Safety, and Security Act of 2016.

Yes - but that's an airspace thing - hence the "apply to the FAA" requirement. It refers to getting the local airspace designated in the FAA Facilities map. It doesn't apply to regulating ground operations.

 

[sar104]

I’m glad we don’t have HOAs’ in the UK. I honestly don’t understand how they can enforce anything. Surely your property is yours to do as you wish?

You sign a binding covenant when you buy the property. No signature, no sale. It's perfectly legal and such covenant arrangements do exist in the UK, although they are less common if I remember correctly.

 

[iReviewFrozenDinners]

He accepted with alacrity.

Well hot dang I just learned a new word. Thanks!