resident camera

I live in a gated townhome hoa. With one main street that is a private street with units on both sides.
A resident has a camera in an upstairs bedroom that faces the street. The blinds are shut except for the necessary room to stick the camera lens thru the blinds. It is not pointed down at the street or up in the sky, it is pointed at the units across the street.
There are several single women with children living across the street.
I am not on the bod and have not notified the bod. I have notified the mc. The mc suggests we "observe" the situation. The resident who told me about this camera says it's been up for at least 6 months. My feeling is that the issue needs to be addressed now.
The reason I have not notified the bod is whatever action is taken needs to be lawful and professional. This could be a completely innocent situation or a serious unlawful situation. If the bod or a single bod addresses this resident the bod could get involved in a very sticky legal issue and liability problems.
If something were to happen I would feel personally responsible. Please offer some advise.

At the very least you should talk to the people being watched, don't assume they know. Let them go to the police; peeping activity can escalate. There could be an un-registered sex offender in your midst. This is not something that the MC should "watch". If something happens and it can be proven that the MC and the BOD had knowledge and didn't act, it could cost big$$$. If you reported it to the MC, they should report it to the BOD.

Bob:

I don't feel this is an HOA issue. I wouuld suggest contacting the people whose homes are being watched and let them know and make their own determination what to do. You could even go so far to alert the local police that you think something suspicious is going on. When it comes to things that are criminal in nature I think it is best to let the appropriate authorities contact the person in question. My 2 cents.

I agree, policing alleged peeping toms is not an HOA function unless the documents define it. With all the other duties a board has, I wouldn't think they would want to get involved in something like this, much less the MC.
But then, I've been told here before that it is the duty of the board to meddle. Harold

I don't believe the BOD has any authority over someone placing a camera in their own window. No one can be certain where the camera is pointing, or what photos, if any, are being taken, or for what purpose. As of now it is pure speculation.

Just as it is not against the law to place a camera on the outside of your property for covert surveilance purposes, I doubt that it is against the law to place a camera in your own window for overt or covert surveilance. Obviously the camera is not covert because people see it from the outside.

If I were on that board, my position would be that the BOD has no authority written in the Bylaws or CC&R's to question someone with a camera in their window, therefore, the board cannot get involved. To get involved by going to question that owner could be viewed as an invasion of privacy.

Unless the board has authority to question an owner about a camera in their window, then the MC, who represents the Association, would have no authority to question this owner.

If neighbors are concerned, then they should contact the police and let the authorities investigate. If the police arrest the person for doing something illegal and it is proven in court, then the BOD may take action against the owner if the CC&R's state that no one shall perform any illegal activities in their homes or in the community.

There are conflicting opinions on this subject. My suggestion for the BOD is to follow the guidance of the Bylaws and CC&R's.

Brian is right, plus there is a difference between an outside security camera for your home and what this situation is. Typically outside security cameras have limited range and sight lines unless you are willing to spend thousands of dollars.

It isn't event limited to Federal buildings, I have seen cases where people have gotten questioned and police reports written for them simply taking pictures/video of stadiums and arenas.

OK the patriot act. Well I don't think a private residence is a national security interest (unless it is the white house).

The guy is probably a wierd guy pointing his camera out the window. But other than range and quality. Really what is the difference in a security camera pointed from the side of a building or thru the window? Maybe this guy wants security on a tight budjet?

I gaurantee if you tell the police that he is pointing a camera out of his window they will tell you that he is breaking no laws. The paparatci point cameras at movie stars all the time. Sometimes it causes problems (fights..etc) but it is legal. I am intrigued about this subject. If you talk to your local police, please post your findings.

The bottom line is intent...what is the intention of the person with the camera? Where is the camera pointed, what is the intent, what footage is there and what is it being used for. The person with the camera in the window could have a legit reason for it being there, but those are questions they need to answer.

That should read "contact the local police."