Security Camera pointed a neighbors backyard vs any of the owner's property

In North Carolina, we have a resident who installed at surveillance camera on the rear & side corner of her narrow house. The camera blatantly faces the next door neighbor's yard only. This neighbor has distributed images of the other neighbor's backyard. The spied up neighbor's backyard fills the entire frame of the image. None of the camera owner's five-foot wide side yard or any of the backyard is in the frame. It looks rather clear that a neighbor is watching and monitoring another neighbor. Note: the spied upon neighbor has a wooded backyard with trees on the side yards, too. The spying neighbor has to work a bit to see the other neighbor's backyard. The spied upon neighbor has complained of not being able to enjoy her own backyard because of the constant surveilance. She stated that her nieces & nephews aren't allowed in her backyard anymore because the parents (understandably) don't want their kids spied especially when they believe they are in a private backyard. (Sometimes the kids would strip to their underwear & play with water. That's something they'd never do in a front yard which is perceived as in "public view." The spied upon neighbor has also voiced concern about people knowing about private conversations she's had in her backyard. She suspects the spying neighbor is recording audio without her consent. Her friends no longer want to go in the backyard because of the surveillance.

The spying neighbor submitted pictures from the neighbors backyard for alleged violations, which some proved untrue.

Is this a problem for the HOA or Management Co?
Is the spied upon neighbor's backyard legally considered "public view"? The spied upon neighbor has a recycling bin in the backyard. Items like that are to be shielded from "public view." Considering how the neighbor obtained the picture, is the recycling bin in "public view?" It cannot be seen from the street. It isn't easy to see the neighbor's backyard.

Hi,

The HOA does need to take action here. You're right that the backyard being surveilled is not a public space, and the owner should have a reasonable expectation of privacy while in their backyard. The camera is clearly violating that expectation.

The neighbour being watched should submit a formal complaint to the board. Also, the HOA should have rules about surveillance technology and where cameras can be installed. The neighbour has no right to monitor someone else's backyard.

As far as sound goes, it is illegal in many states to record a conversation that is being had somewhere private (like a backyard). The HOA may have to get a lawyer involved, but hopefully the owner is compliant and stops recording their neighbour.

To answer some questions

The spying neighbor's camera was installed in February. It has been pointed at the neighbor's backyard only & none of the camera owner's property since February. Both neighbor's have narrow side yards. The spying neighbor has 5' of side yard while the spied on neighbor has 7' of side yard.

Even if the security camera is only used to report alleged violations, isn't that misuse of a security camera and illegal?

Further, the spying neighbor distributes images from her "security" camera that have nothing to do with home security, but have everything to do with the neighbor's property. Again, is that misuse of a security camera and illegal?

Our Association is presently in the process of developing specs for installing security cameras and what limitations are to be imposed so what you wrote about does not happen.

In North Carolina, only one party need consent. However, if the spied upon neighbor isn't talking to the spying neighbor there is no consent.

The person being looked at just needs to install a spot light aimed at the camera of the person doing the looking. That will end the problem.

BINGO!!!! Everyone ignores the elephant in the room.