Taking Pics of condo without owners consent

Started by DanielD2 • 12 replies • 2237 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DanielD2 (California)
Posts: 8

Posted:

Can anyone take a picture of a sign posted on a residents balcony and post it as an attachment in an email to Board members without the owners approval? I know condo complexes are considered privateproperty, but from what I understand you cannot take pics of someones house without them knowing. Also, thispicture was sent to all board members EXCEPT the one whos house it was....hmmm

Jadedone4 (Virginia)
Posts: 495

Posted:

DanielD2, if the sign is placed in an area that it is reasonable that others would see it - it is no longer considered "private." If you do not want whatever the sign says to be seen, do not post it in a public area. So what that it was sent to everyone but the owner - I am sure that the owner KNOWS it is there, right...?

JC3
Posts: 290

Posted:

The owner knows it was there, but why the secrecy in sending it to everyone BUT the owner? If this was on the up and up, the ownere should also have gotten the email, so he would at least know that everyone else had too.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Daniel,
In a condo, the balcony is limited common property. If you want your balcony painted or repaired, you have a right to expect the Board to insure this is done. As limited common property, the Board has the authority to declare certain uses or decorating the balcony. In all probability their is a restriction in your documents that deal with signs. In a condo's documents that describe the various units the square footage does not include the balcony or the entryways, another limited common property. I understood the e-mail was just sent to the Board Members, not to everyone. IMHO, the sender of the e-mail did exactly the correct procedure. In our condo, we have a clause that suggests if one owners action distrub another owners, they should be an attempt to solve the problem between the owners, if that don't work involve the manager,
But in my mind, this is not a personal affront, it is, at the very least, a questionable violation of the Master deed or by- laws or rules of conduct.
I do question how the e-mail information got circulated throughout the regime, if that was the case. The signage resolution should have been kept between the Board and owner.

Jadedone4 (Virginia)
Posts: 495

Posted:

RobertR1, sound advice, but there is more to this post; as the poster stated that the email was sent to all board-members except the boar-member who owns the unit. Board-members are not exempted from following the rules of the community; and conversely, as owners they are entitled to same notice/due process provisions as any other owner. If the board in this community sits as the ARC entity, the email should have been presented to the full board, no exceptions.

On the sign issue, this is a topic that I think has been discussed here, and Robert's comments are on point. You cannot "expect" the condo body to repair, paint, etc your balcony, and then think that it is "ok" to post up offensive (or otherwise) signage. There have been violations for folks leaving up X-mas lights past a period of time, restrictions on season decorations (since we are nearing Halloween, pumpkins probably would not cause a ruckus, but I'd hate to see a life sized cut-out of Freddie/Jason/or some other horror character, out past Halloween).

Daniel, now that you have answers on what should occur, if it is appropriate to post here (and it should be as nothing offensive should be posted on a balcony), please respond with what the sign states. I would be curious to know what this sign is that has caused this issue. Not being "nosey" but my community's condo board is looking to start banning signage in their section. As the overall HOA President, I am trying to balance this out. Personal belief is that signs such as alarm companys, realtor (for fixed period of time), and simple "yard sale" "Girl Scout's" etc are appropriate - with notice to the HOA, and to be removed after event ends. However there are some that believe that we should not allow any signage at all.

NancyD1 (Florida)
Posts: 447

Posted:

If the sign was in public view anyone can take a picture and send it to whoever they would like. If this was an illegal (as far as doc's state) sign this make no difference, if it was for all to see. As a matter of fact, if this picture can be used by the HOA when it come to a fine or another imposition it would be helpful.

You will not find a law that says you cannot take a picture of anything in public view but a person. You can publish any photo again but not a person without their express permission.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Jadedone,
We are no signs at all. We have enough problems with trying to fine tune any and all restrictions and rules and conduct. But the no signs seem to work very well with a minimum of violations. We also have a "No articles of any kind can de draped or hung on the Facade or balconies of any building except those signs necessary and approved by the Board." A good and effective rule that doesn't allow a lot of wiggle room.

I wonder if a solution or consideration for this e-mail business would be; An e-mail received by the President will be considered to be notification to all Board members by the President." or something like that. I do not consider the notification of all Board members save one is a major problem issue and should reflect on any resolution. But, I can see your point and I can't imagine why this one Board member wasn't included but I suppose it could be a personal thing and there is more going on than we are privy to.

BradP (Kansas)
Posts: 2,640

Posted:

Daniel:

There is zero expectation of privacy if someone is within view from a public place. If he doesn't want it photographed, then take it inside. I can take pictures of houses all day from the street, I just can't enter your property and peek in your windows.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By BradP on 10/14/2007 8:47 AM
Daniel:

There is zero expectation of privacy if someone is within view from a public place. If he doesn't want it photographed, then take it inside. I can take pictures of houses all day from the street, I just can't enter your property and peek in your windows.

Exactly.

Ron
SC

MikeS1
Posts: 668

Posted:

Jade - Are we sure that the poster is a member of the Board? Maybe I missed something, but I didn't gleem that from the post. Not that it matters. There is other missing info here. IE-Is the sign not allowed by the bylaws? What do CCR's say about the sign? What kind of sign was it? Not that any of that matters. There's absoluetly no privacy issue here.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

To all,
There is another posting with the same name under Discussion topics. A little different wording but from same original poster.

After giving this some thought it came to mmind another salient point that has to do with taking pictures of your condo complex. When all is said and done, and sine all owners actually own the entire complex jointly, except the air space your unit occupies and the personal items in that unit.

It looks like there are many good explanations that support the taking of pictures.

Oh, someone posted that condo are private property and they are but not to the extent the commons areas are restricted to the owners. Your house is private property also, and you can limit access to your property, even though there may be more than one owner on the deed or mortgage.

NancyD1 (Florida)
Posts: 447

Posted:

RobertR,

You are correct. Anything in public view or for public consumption can be used as such and any implications that may mean. Only the personal aspects of property, person and home are not considered public, they are an affront to personal property, person or home.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Daniel,
The picture taken of this sign more than likely was taken because it was either thought to be against the rules to have it hanging up there. Almost all condo and HOA covenants prohibit the display of signs in view from the streets, etc. So someone took it as proof of a violation. If it is indeed a Board member who's balcony it is on, he should have known that it is not allowed.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here