HOA President Records Audio/Video

Started by CarlA3 • 11 replies • 1427 views

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CarlA3 (Florida)
Posts: 4

Posted:

our HOA president without a member vote mounted both audio and video recording devices on the exterior of his unit. he doesn't even live in the unit and this allows him to "monitor" what all residents are doing and saying. these devices are good enough to listen to conversation on peoples back decks, garages and in their homes if the windows are open. this is a small community of 3 buildings with 4/5 townhomes in each. his unit is right in the center which is perfect for what he is doing. any thoughts on this would be welcome. other than this guy being really creepy considering no one even knew about this until recently this sounds like it might not be legal.

WayneF2 (Illinois)
Posts: 11

Posted:

Quote:

Posted By CarlA3 on 06/17/2013 12:11 PM
our HOA president without a member vote mounted both audio and video recording devices on the exterior of his unit. he doesn't even live in the unit and this allows him to "monitor" what all residents are doing and saying. these devices are good enough to listen to conversation on peoples back decks, garages and in their homes if the windows are open. this is a small community of 3 buildings with 4/5 townhomes in each. his unit is right in the center which is perfect for what he is doing. any thoughts on this would be welcome. other than this guy being really creepy considering no one even knew about this until recently this sounds like it might not be legal.

I don't see how this involves the HOA at all other than the fact that the person who set up the recording devices is the HOA President. Why would he need a "member vote" to do this?

If you believe may be a criminal matter, go by your local police station and bring it up with them.

If you don't like what he has done, work with the HOA to ban these types of devices.

BrianB (California)
Posts: 2,820

Posted:

this is a very interesting problem, dancing on the line of the federal wiretap laws.

I am not a lawyer, but my first take is that this would be illegal. In some states, both parties to a conversation must give consent to have it recorded (or be aware, de minimis). In others, at least one party to the conversation must be aware. I am not sure if this person could make the claim that he is party to the conversation/events, if he is not there.

However, all that aside: take the other poster's advice: It's not an HOA matter, if someone is upset, they should contact the district attorney.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By BrianB on 06/17/2013 1:46 PM
this is a very interesting problem, dancing on the line of the federal wiretap laws.

I am not a lawyer, but my first take is that this would be illegal. In some states, both parties to a conversation must give consent to have it recorded (or be aware, de minimis). In others, at least one party to the conversation must be aware. I am not sure if this person could make the claim that he is party to the conversation/events, if he is not there.

However, all that aside: take the other poster's advice: It's not an HOA matter, if someone is upset, they should contact the district attorney.

I agree.

CarolR11 (Colorado)
Posts: 2,563

Posted:

In your town home HOA, Carl, are owners permitted to mount (attach) anything on the exterior walls? Aren't they common area or limited use common area? We may not attach anything to the exterior walls at my condo HOA. Is he using HOA juice or his own? Or are they bettery operated?

Are you saying that his camera rotates so he can see all residents everywhere?

I don't know the law either.

Is the president the same person who initiated a lawsuit against an owner (perhaps you?) for a trivial matter? If he's spying on neighbors and, in your opinion, wasting owner's money on frivolous lawsuits, get a group of neighbors together to attend the next open meeting and ask the board about its behavior.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Carol

Interesting approach about attachments to the building. It could be another way to skin a cat.

JonD1
Posts: 2,350

Posted:

Carl's in the process of suing his HOA.

My guess he now lives to find issues with the current Board and gain support for his agenda.

My guess the circumstances here go far deeper than Carl has provided.

My guess to have a system which can pick video and sound around the complex must be a CIA/NSA operation.

In many jurisdictions your rights against being filmed and audio recorded in PUBLIC places are in fact limited. Privacy rights in public are not unlimited.

The President could claim this is a security measure and meant to prevent possible criminal activity. Whether true or not.

AnnH4 (Florida)
Posts: 53

Posted:

Quote:

Review your state laws regarding voyeurism? Did he get ARC approval for these exterior modifications?

GlenL (Ohio)
Posts: 5,491

Posted:

I love reading posts like this because it reminds me that all children are not in kindergarten and that some people never grow up they just grow older and move to HOA's. I suppose if it were my house the camera's and mikes were aimed at, I would find out how resistant the camera was to having a light pointed at it 24/7 and my landscaping would include some concealed directional speakers playing a selection of Hitler's, Castro's and Mao's longest speeches except during quiet hours.

Studies show that 5 out of 4 people have problems with fractions

MatthewW4 (Arizona)
Posts: 500

Posted:

Quote:

Posted By GlenL on 06/17/2013 11:28 PM

I suppose if it were my house the camera's and mikes were aimed at, I would find out how resistant the camera was to having a light pointed at it 24/7

Not just any old light. A laser pointer ought to fry the insides of the camera rather quickly.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

I think Florida is a two person consent recording law. It's the audio that is the issue. One could argue someone has a reasonable expectation of privacy on their own private deck. Of course one could argue against it too. I'd call the police, just to get a police report filed, then go from there.

WayneF2 (Illinois)
Posts: 11

Posted:

Quote:

The President could claim this is a security measure and meant to prevent possible criminal activity. Whether true or not.

This was my first thought as well. I'd think the legal system would give quite a bit of leeway to someone who claimed such equipment was simply for security, and you'd have trouble saying otherwise, even if it was untrue.

How do you *know* his devices can pick up anyone's conversations on their back decks, garages, and in their homes with windows open? Or is this just rampant speculation on your part?

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