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RobertD21 (Florida)
Posts: 5
Posted:
I am chairman of the Architectural Committee....Need some advice to resolve a dispute between two feuding neighbors....neighbor A has installed 4 security cameras to the underside of her roof overhang. All four cameras are aimed directly at neighbor B's house, looking into B's bedroom windows and other living areas. Our houses have small side yards.
Neighbor B has filed a complaint, claiming her right to privacy has been violated. The Architectural Review Committee has the authority to define a nuisance activity on a case by case basis if they receive a complaint.
What would be a fair amount of time to give Neighbor A to take down or reaim her cameras....what constitutes an appropriate penalty for non compliance??
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Interesting ... I would suggest the the offended neighbor should call the police. Sure, the ARC could get involved, but this is more like a peeping tom case - I think it is a case for the police.
PaaN
Posts: 219
Posted:
Agree: law enforcement issue

However, IMO, the neighbor has a 'reasonable expectation' of privacy from 'peering eyes' located ABOVE the highest window of an adjoining house.

Cameras mounted on the eaves of said house AND AIMED into the bedrooms WOULD constitute a 'nuisance' and may be governed by a 'nuisance clause' in the CCRs.

But, I do not think the 'Architectural Committee' is the proper 'venue' for a complaint.

? The BOD perhaps, as a violation of any 'nuisance clause' ?
KerryL1 (California)
Posts: 14,550
Posted:
I think I've read previously that the ARC does have this kind of authority in FL.

Sure, I'd encourage her to start with the police.

Are those eaves private property (separate interest) or are they common area or limited use common area?
TimB4 (Tennessee)
Posts: 21,061
Posted:
As with others, I wouldn't get involved.

However, if the Committee/Board does decide to get involved, I would send the owner with the cameras the following letter (or something to that affect):

Sir,

This committee/Association has received a complaint about the positioning of your security cameras causing a privacy concern. This committee/Association believes that this is an issue for the police and not the Association. However, as a courtesy to everyone, we encourage you to make sure your cameras are positioned so they only look at your property and do not raise a privacy concern.

Again, the Association believes that this is a police matter and if we receive any future complaints, we will encourage those with the concerns to contact the police.

RobertD21 (Florida)
Posts: 5
Posted:
thanks everyone for your suggestions.....I neglected to say that the police have been brought into the situation and they are reluctant to get involved

RobertD21
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By RobertD21 on 09/07/2018 6:52 PM
thanks everyone for your suggestions.....I neglected to say that the police have been brought into the situation and they are reluctant to get involved

For the same reasons the Association should be reluctant to get involved.

Worst case, this becomes a neighbor v neighbor issue and something for the courts not the Association.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By RobertD21 on 09/07/2018 9:44 AM
I am chairman of the Architectural Committee....Need some advice to resolve a dispute between two feuding neighbors....neighbor A has installed 4 security cameras to the underside of her roof overhang.

Would the installation of the cameras not have to be approved in advance by the Architectural Committee? We've got an owner who put up 4 cameras hanging from under the eaves of his home without first obtaining approval. We couldn't care less which way they're pointing or what they're aiming at. The cameras have to go until such time as the owner obtains permission to install them.
RickL6 (Kentucky)
Posts: 1
Posted:
Who is responsible for the outside structure of the home. The HOA we have requires anyone doing anything to the outside structure requires HOA approval.
KerryL1 (California)
Posts: 14,550
Posted:
That's basically what I asked waaaay above. Who's responsible?
RobertD21 (Florida)
Posts: 5
Posted:
Thanks RickL6

I think that is the proper course of action. I'll check filings, but I'm almost certain neighbor A never received approval for the cameras

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