Resident Security Camera

Looking for some feedback or guidance on an issue with our HOA. About 4 years ago, we mounted an ARLO security camera underneath our deck to point towards our lower-level door. (Our unit has both a upper level deck and lower level patio.) To mount the camera, you insert three screws to hang the base and then the camera clips into the base. No wires - the cameras runs on batteries. As stated, the camera is pointed inward towards our door.

Presently, the CC&Rs have no provisions or guidelines for use of security cameras by homeowners. So, the HOA has decided homeowners need to seek approval from the Architectural Control Committee (ACC), because apparently inserting 3 screws underneath our deck is considered the same as "an addition, alteration, repairs and replacement involving the exterior of a homeowner’s unit." (CONTROL is the appropriate description for this committee and the jerk who chairs it!)

They have demanded non-approved homeowners to take down their cameras. They have also put a moratorium on approving any future homeowners' requests to mount their cameras. We received our demand letter yesterday - advising that we are in violation of not seeking their approval. We have until the end of month to take the camera down or be fined.

My questions are:

*** Why does mounting a camera base require approval but hanging up plant hangers, wind chimes, Christmas decorations, thermometers or outdoor door decorations do not? Since the HOA currently does not have a policy on security cameras, it cannot fine us for the camera itself - so they have to hang their hat on not obtaining approval. The other items do not require approval, so why would the base of the camera?

*** Since they have put a moratorium on approvals and have demanded we take our camera down, can we hold the HOA liable should anything happen to our home in the meantime? We have heard that there are cases where HOAs were responsible, but I have yet to find any.

*** We have had the camera up for 4+ years. We even have the ACC Chair on camera from a few years ago; he knew it was there - nothing was said. All of sudden the Board has decided to do something. We were not violating any CC&R provisions; the HOA did not require approval before. Yet, now it does. For the HOA experts on this forum, does this sound OK?

The back of our unit faces a major street in the subdivision. Our camera has picked up some weird folks roaming around at night. Since we don't know how long the moratorium will be in place, we are thinking about speaking to our attorney about this. But before doing so, I am curious what the folks on this forum think.

Thank you in advance for any feedback or comments.

Hang a plant there. Put the arlo in the plant.

Obviously, somebody complained about a camera (not necessarily yours, just a camera) and the Board is taking action on all (which is the proper thing to do).


Technically, you made a change to the exterior of your home.
Most Declarations have language that specifies any exterior change must be approved.


This would require legal advice.


Mind you, I disagree with your boards decision (on how they are handling the issue).

That said, what is the basis that the HOA didn't require approval previously (newsletter article, etc.)?

Choosing not to enforce previously doesn't mean that approval wasn't required.


Good idea to seek legal advice.
Also see if you can get a letter from the local police/sherriff for their opinion on having security cameras.

My suggestion, take a still of the video, the opinion from the police and include them with a request for a that camera (the still shows the direction it's pointing). Make sure that you specify that you are not asking for special approval, just asking for approval of what others have.

Then see what they say.

While waiting, put the camera on the inside pointing toward the door.

BTW, I use arlo cameras at my 2nd home.

Chad,

What is the basis for your opinion?

Oh, one other avenue if the request for approval doesn't work would be the media.

These type of stories are gold to the media.

download your videos of people walking in the yard.
You may need that to push your point.

I understand this is your issue. I also understand your reasoning (thanks for providing it).

Regardless of your reasoning or the boards reasoning, what actually matters is what is written in the covenants (the contract everyone agreed to comply with when purchasing their homes within the community).


Self managed or self managed with assistance of a management company, a bunch of volunteers will always run the show.
Since apathy is typically high within associations, those who are willing to run will be the those who run the show. It won't matter what their experience or motives are. If others won't toss their hat into the ring, then those who do will be those who serve.

Since you have already communicated with the board, it may be too late for this. You might want to ask the board (or review the minutes) to discover what brought the issue to a head. It can provide insight in how to approach the board to move things in the direction you believe they should go.

BINGO!!!

Why are the three screws mounting a camera base different than the three screws that mount an ugly outdoor decoration? Why does one require ACC approval and the other does not?

The CC&Rs permit outdoor decorations to be hung without ACC approval so in our opinion the camera base is tantamount to that - a decoration. Heck, you can't even see it from the street - it is in the corner. It has done NOTHING to add or alter the exterior of ours or our neighbor's homes.

No policy restricting security camera use - so if they push us - we will use the same three screws to hang a plant hanger, put an ugly fake plant in the plant hanger and then put the camera in the plant.

I think what brought this to the Board's attention is the RING doorbell and privacy concerns. It then morphed into all resident security cameras. Installed RING doorbells have been approved - probably realizing that it would be quite the effort for homeowners to uninstall the ones already in place. However those of us with unapproved outside cameras have been told to take them down - period - until the HOA has a security policy. Who knows how long that will take.

I am sure most residents who have received a demand letter just acquiesced and did what the HOA demands. Not us...we have challenged them before and prevailed; we will again. The ACC chair is rude and condescending - he has no business interacting with residents. I have been on the receiving end of his condescension. Did not report it because what would be the point. Apparently being volunteer is a "get out of jail free" card for rude behavior and residents just have to deal with it.