Camera Question from ShannonJ

Depending on a lot of variables, the HOA could be interferring with the administration of justice in seeking to prevent the installation of security cameras.

In an Arizona case, the court held that the judicial process begins when a person files a complaint with the police. In Arizona, it is also felony obstruction of justice to attempt to prevent someone from filing a police report by threatening to harm his property, among other things.

So, if a homeowner installs surveillance cameras to gather evidence of criminal activity and the association threatens to fine the homeowner for doing so, I think you could make a pretty good argument that the association is interferring in the operation of the courts. While they are technically not preventing the owner from filing a complaint, they are preventing the homeowner from gathering evidence of a crime and presenting it to the police. Therefore, preventing the installation of security cameras would be contrary to the public policy of allowing the police to investigate a crime.

While it is unlikely that the local SWAT team will swoop into a board meeting, trying to prevent installation of security cameras, especially where a homeowner has already been a crime victim, could lead to a civil lawsuit. If the homeowner can establish that public policy favors cameras, the board members could find themselves individually liable as a reasonable person does not violate public policy.

Cameras themselves have become so small and inconspicuous that there are probably a lot of them already in use that no one is aware of.

ShannonJ asks: "As I understand the privacy laws inmy state, there is no expectation of privacy while out in public. This would include your front yard. Now, what about the back yard?....could be an argument there on personal expectation on rpivacy, right?"

Not necessarily. If it is possible to view the back yard from any publicly accessible location, then no, there would be no expectation of privacy. Also, if the back yard can be viewed by a neighbor, or by anyone on the neighbor's property with permission, then again, no, there is no expectation of privacy.

Actually, come to think of it, with the availability of today's technology of high-resolution photography, there is no expectation of privacy in one's back yard at all, since the back yard can be viewed from the air or from space; ie. airplane, helicopter, balloon, satellite.