indecent exposure

It sounds like nothing noteworthy has happened yet. Just a picture that may posibly indicate some improper act.

Unless there is a clause in your governing documents that covers indecent exposure, then it's not the business of the HOA board.

If you have a neighborhood watch they can be made aware of the situation and can monitor the situation. If something of significance happens, they can report it to the local police.

I had a similar incident with our HOA. A member had exposed himself at the pool. She called the police and made a report. I was there at the time and had observed his behavior but did not witness the exposure. The police, the victim, and I had a discussion about it. However, at that time I did not know where his exact house was. So the police couldn't pursue the case but left it open. Over time he continued his behavior by routinely exposing himself through the windows of his home. A few residents saw it. He had also attempted to physically touch me inappropriately. Which was a very bad idea...

Since there is a fine line between indescent exposure and breaking the law, it was hard to enforce anything onto to this man. He was married and even a boy scout leader!!! What I did instead is to warn the people who went to the pool NOT to let anybody alone with him. I didn't know his name but I would let the "regulars" at the pool know who he was when he was there. If I saw him at the pool I would let the ladies know on the "downlow" to be careful of this man. He was and still is a suspected sexual predator.

I don't think it was right for someone to send out pictures of this person. However, I do believe as a single woman or for those who have kids, awareness of this deviant behavior should be exposed. (No pun intended). I don't think the HOA was acting out of aggression but more of awareness. Seems you may be the one taking it as an act of aggression as many would take it as something I would be concerned about being around this person.

I re-read your post. A person doesn't just arbitrarily expose themselves to somebody even as a joke among neighbors. This sounds like a recurring situation where the person being exposed to finally took pictures of it. You don't just have a camera sitting around and waiting for someone to walk in front of their window at a specific time to take their picture. You would have to know this is a routine and has happened before.

Like I said, this sounds like not a vendetta situation as much as an illegal one. Exposing yourself is just dumb stupid thing to do. Seen it too many times on the internet as well. It's NOT funny then either. I say there is more to this than a "joke" gone to far. It borders seriously on illegal..

Again, No ... not unless covered in governing documents (which I would be willing to bet is not an issue in the documents). It is a police matter and anyone offended can place a complaint. If BOD gets involved there is chance something can come back to them as a liability issue because homeowners will feel the BOD should handle when it is not their responsibility. Board is a neutral party only responsible for items contained in the governing documents, they are not legally HOA police for items outside their scope of duties.

So they were pointing the camera into someones windows and got a photo of them naked?

Depending on how "indecent" the exposure was as shown in the picture, mailing it could certainly be a criminal act and one involving the US Mail.

Invasion of privacy covers many things, such as: Intrusion into the seclusion or solitude of persons and Public Disclosure of Private Facts. This covers taking pictures of someone through windows in a home or other private place and is classified as an intrusion.

I'll let the judge or jury decide.

That's essentially what I said.

and 100% true