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JanetB9
Posts: 68
Posted:
We are in central California. A few homeowners have cameras inside a window in their home that can be seen from the outside claiming that the camera is there to protect their property and that it is not recording anything that breaches any privacy laws. Can an HOA prohibit homeowners’ from installing a surveillance camera inside a window of their home?
LetA (Nevada)
Posts: 2,679
Posted:
If you are in a condo you have limitations on where they can and cannot be installed. Either by new legislation or by Board decisions, doorbell cameras are being allowed
in condos. Single family homes, not much you can do.
TerriS6 (California)
Posts: 3,284
Posted:
It may depend on where the camera is pointed. If it's pointed toward an area where there is no expectation of privacy, such as in front of their door, walkways, etc. but if it was pointed for example at a neighbor's kitchen window or front door, that could be a problem.
SheliaH (Indiana)
Posts: 6,964
Posted:
What LetA said.

Since the camera is in the home, you can't control what goes on in there - and those homeowners, not the association, would be liable for any privacy breaches. That said, it seems silly to place the camera where everyone can see it - criminals will figure out another way to do something without the camera picking it up.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KathyF13 (Florida)
Posts: 31
Posted:
This is a really interesting topic. Security cameras have a wide angle of capturing allot of space-even the less expensive ones. Where I live many homeowners have put up security cameras and many also have the doorbell cameras which they install outside their fence gate or on their actually front door to entrance of home.

The reply of TerriS6 is what I also understand. I wish in our society I could go back to the days where my doors could be unlocked 24 hours a day/365 a year. Where I live, it is no longer wise to do that anymore. Sad, really.

Depending on the type of camera you buy, there is a setting on some, that you can put a privacy mask on the shot. What that means is you can position the camera, look at the view it is capturing, and block out pieces of the view.

I know if you use surveillance from a company, they provide yard signs. Some people also put decals on their windows that there is surveillance on property.

I do not know laws in California. But if someone had a complaint of what was physically inside the window of my home, I think I would do the following for fun:

Open the window nice and high and blast the song by Jean Knight called "Mr. Big Stuff", and specifically loop the line,

"Mr. Big Stuff, tell me
Just who do you think you are"

Personally, I would doubt such a HOA prohibition would ever be enforceable, if they tried to do that.

All that being said, it is absolutely on the horizon on how HOAs are going to start addressing surveillance cameras.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JanetB9 on 06/22/2023 8:32 PM
Can an HOA prohibit homeowners’ from installing a surveillance camera inside a window of their home?
In my opinion, the Board would have to find authority under one of the covenants to do so. As others point out, the covenants often restrict how the exterior looks, and the general use of a home (e.g. residential, and no commercial business, with home offices often excepted; "nuisances" to others caused by activity inside the home not allowed). I cannot think of a covenant that would give the board the authority to restrict use of a surveillance camera, unless this is very close quarters and the camera was looking into another owner's home.

Nor do HOAs have the authority to enforce statutes that prohibit surveillance cameras in xyz situation.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Anything that happens outside your door is considered public. So can't expect any privacy in my opinion. Plus the owner of the camera owns the footage not the HOA. The HOA may have authority if it was hanging on the exterior of the home. Inside not so much.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KathyF13 on 06/23/2023 4:59 AM
... snip ...
Open the window nice and high and blast the song by Jean Knight called "Mr. Big Stuff", and specifically loop the line,

"Mr. Big Stuff, tell me
Just who do you think you are"


It's tempting, but don't do that. It disturbs the people around you who have nothing to do with the camera offense (and who may actually be victims themselves). It may also violate noise ordinances *and* violate your community's nuisance restriction. You'd clearly be in the wrong, whereas Mr/Ms Camera probably are not unless they're recording inside someone else's home.

Otherwise, if you're outside of your own four walls, you should assume you are under surveillance. *Inside* your four walls ditto, if you have any smart technologies. It's a sad state of affairs, but that's where we are right now.

TerriS6 (California)
Posts: 3,284
Posted:
"Ms. Big Stuff" ...how about a director wearing for Halloween a beauty contestant outfit with a sash saying "Ms. Xxx HOA"!
KathyF13 (Florida)
Posts: 31
Posted:
CathyA3, I was only kidding. DO NOT DO THIS!
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By KathyF13 on 06/23/2023 7:15 AM
CathyA3, I was only kidding. DO NOT DO THIS!


JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By TerriS6 on 06/23/2023 4:15 AM
It may depend on where the camera is pointed. If it's pointed toward an area where there is no expectation of privacy, such as in front of their door, walkways, etc. but if it was pointed for example at a neighbor's kitchen window or front door, that could be a problem.

I agree. Where it is pointed could be an issue.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By SheliaH on 06/23/2023 4:35 AM
What LetA said.

Since the camera is in the home, you can't control what goes on in there - and those homeowners, not the association, would be liable for any privacy breaches. That said, it seems silly to place the camera where everyone can see it - criminals will figure out another way to do something without the camera picking it up.

An alternative opinion: I have a very visible camera behind glass above my front door. Honestly, it’s not a great camera. But when strangers come to my door, I want them to be aware of the camera. For sure, if they want in, they’ll get in. But I’m certain they can find other places that are a lot less hassle. I mean, if you think about it, your average criminal is averse to work. If they liked work, they could get a job, and probably make more money than they do burglaring.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MikeB23 (Louisiana)
Posts: 109
Posted:
I have three cameras pointing through windows that monitor the exterior walkways leading to my condo doors. Anything I can personally see out the window is fair game. If I was watching someones window then that might be a problem. Watching the common area is no problem.

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