Drones in the HOA

Started by DennisG7 • 14 replies • 3035 views

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DennisG7 (Georgia)
Posts: 155

Posted:

Anyone have expierence with people flying drones in an HOA community? Spotted two flying over our pool area yesterday. One had a camera. We have security cameras around the pool but none point into the pool or seating area as families and the ladies were concerned over privacy. Now we have a drone hovering 20' above the pool and some young lady at the far end of the pool. No operator was seen. Any right to privacy? Has anyone developed some HOA rules that can be used to restrict this?

PitA
Posts: 1,416

Posted:

? surface to air anti-aircraft missile emplacement ?

that makes just as much sense as an expectation of privacy at a community pool

DennisG7 (Georgia)
Posts: 155

Posted:

The drones hovering over the pool area and sun bathing area appears not to be an issue with many. When we had the security cameras installed the HOA Board raised concerns about exact placement and view. So everything looks at fences, entrance ways, parking lots but nothing in the pool. That installation was done about 3 years ago. Now we have camera drones over the pool area. Where next, outside ones home, backyard, bedroom window?
I was just wondering if anyone had dealt with it or is it a non issue?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The real problem with Drones are that they are so new that laws are still be created and addressed. Which means your HOA may not be able to make exclusive or inclusive rules of Drone usage because it is still in progress. For example: What if someone decides to shoot the drone down? Is that person responsible for paying for the drone replacement? Is it "too bad, so sad?" What if the HOA is using it to view backyards of owners? Where is that line? What is the punishment?

I just say let things stay on a personal level and NOT get the HOA involved. If anyone has an issue, they call the police NOT the HOA. Until there are solid laws in place, not much can do about it.

Former HOA President

PitA
Posts: 1,416

Posted:

non issue for the Board of Directors

if an issue for an individual, they are free to contact law enforcement

unless

the BOD wishes to ascertain w/o doubt that a MEMBER is operating the drone and is creating a NUISANCE (assuming your docs have a nuisance clause)

or

y'all can amend the CCRs to include a restriction banning drones

but

said restriction will only apply to a MEMBER (prove who is operating the drone !)

in other words: FUH-GED-BOUT-IT ~ the drone will soon 'break' or the operator will get bored

DennisG7 (Georgia)
Posts: 155

Posted:

You raise a good point. New technology and laws/rules are not in place. I guess that people can call the police if there is a concern. In addition to the privacy issue, a HD camera hover over someone, there is the issue of power falure or loss of control. I noted one that had crashed into some lady a few ago at an outdoor event out west. Good thought.

DennisG7 (Georgia)
Posts: 155

Posted:

OK. More good points. So contact the cops if you are not happy and leave the HOA Board out of it. Don't recall a nusance clause in the CCR. I'll have to look. Gues one crashes into a person, car, etc you have an action against the operator. Just gathering info right now. Thanks.

MikeS1
Posts: 521

Posted:

It is a valid issue - One that some HOAs are starting to address. We had one this year that flew down to about 2 feet above the pool water level and just hovered. It definitely had eyes and ears. A lot of people did freak out and when they said.. "throw a ball at it, the drone went vertical and flew off. Here is a good article from Virginia. http://www.virginiacommunityassociationlaw.com/2014/02/articles/liability-insurance-risk-manag/drones-and-hoas-how-homeowners-associations-and-condominium-associations-can-be-prepared-to-deal-with-the-new-technology/

KerryL1 (California)
Posts: 14,550

Posted:

I agree with the others esp. PitA. And even if you have a nuisance clause, you have no way of knowing, at the moment, if the drone(s) belong to a resident of your HOA.

And in my HOA, an urban high rise, all "young ladies" poolside sunbathing are viewing (or leering) fodder for dozens of residents who simply can look out their windows at them. We also can, if we wish, watch swimmers.

Our cameras view the pool itself for safety reasons. Though swimming alone is discouraged, we have a few who swim solo, some at night. Our security officers watch the cameras in these cases in the event a swimmer (or a partier who's had a few too many!) gets in trouble.

We have strict rules against roughhousing, dunking activities and yelling in our pool. So the cameras also can see the occasional breakers of those rules.

I have to say that I'm surprised that an HOA would spend a lot of funds just to have the cameras solely guard the entrances, but neglect in-pool safety.

DennisG7 (Georgia)
Posts: 155

Posted:

The cameras which I helped install over weekend, don't look at the pool area. I was a little surprised that the HOA Board decided no viewing. Obviously where is most of the mischief going to happen...in and around the POOL. My concern was noted and the camers remain the same. We have a nice shot of the doubled gated entrance that requires a key and a combo to get in

.

Well I'll continue to collect inormation and input and may bring it up to the board. A few I've talked to said it's police issue. Thanks.

GenoS (Florida)
Posts: 4,276

Posted:

Put language restricting drones in your governing documents. That should dissuade your residents from flying them. I wouldn't ban them completely, one day they might be useful for roof inspections, real estate photography or some other reason.

If an outside person's drone comes flying over your property it's trespassing. Take appropriate measures to end the trespass.

KerryL1 (California)
Posts: 14,550

Posted:

Good point, Geno. I've read that there're beginning to be used to inspect high rise window sealant, etc.

DennisG7 (Georgia)
Posts: 155

Posted:

Some good points folks. There is a use for them but buzzing the swimming pool or a backyard or bedroom window is not on my list. I think the technology has surpassed our current laws in GA on this subject. Yeah, they are finding more and more use for them cut expenses, save time, and find people that are lost. Not sure what we'll do but I may make a couple of suggestions to the Board. Of course when some kid living across the road has flown it over here it gets a little difficult. Thanks again.

PitA
Posts: 1,416

Posted:

Of course when some kid living across the road has flown it over here it gets a little difficult.

AAAAH, the crux of the issue.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By PitA on 07/14/2015 7:13 AM
? surface to air anti-aircraft missile emplacement ?

that makes just as much sense as an expectation of privacy at a community pool

Now that is funny.

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