Security Camera Rules

Started by LoriM15 • 10 replies • 551 views

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LoriM15 (Florida)
Posts: 1,009

Posted:

I just had a phone call from an owner who is claiming that his neighbor has a security camera pointed across his pool area and can see into his bedroom. We don't have any rules in our documents that would prohibit this - our documents are silent on the location of security cameras. I did some quick research and it appears that in Florida you can have a camera that records the public areas of your neighbor's house - which I guess includes the pool.

The owner wanted to know if we were considering any kind of rules. I don't think we want to get into that. Do any of you have restrictions in your documents on placement of security cameras?

CathyA3 (Ohio)
Posts: 6,299

Posted:

If the pool area is his private property (as opposed to common area in a condominium), I don't know that the HOA can make rules about this. And you don't have proof that the pool is actually appearing on the camera's video - the pool owner is assuming.

Are there any local or state laws that cover this? I assume some jurisdictions do, which means that the pool owner may have a legal remedy to pursue against the neighbor. But I don't think the HOA has standing to pursue it for him.

I'll be interested to see what others say.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Forgot to add, I'm in a condo, and we do have rules about placement of cameras on the common areas. We also may have standing to address where the cameras are aimed. But we always tell people that they can't assume they have privacy outside of their homes (or even inside if they have smart tech indoors).

This is somewhat up-to-date:
Video Surveillance Laws by State

SheliaH (Indiana)
Posts: 6,964

Posted:

This sounds more like a dispute between neighbors and not a HOA issue - why didn't he confront the neighbor about this?

It might be an issue if some of that area involved HOA common area, so I agree with Cathy's suggestion to check local law and perhaps establish some rules regarding aiming cameras at the common area. I also wonder it talking to police might be helpful in case there's an issue about sexual predators and such.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SheliaH (Indiana)
Posts: 6,964

Posted:

Also, Cathy's link might be a good start in establishing rules on recording association meetings since we've had several conversations on this website about that.

Oh, and talk to local video security companies about this- they install these systems and may have some suggestions .

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

1) I agree this is an issue between neighbors and not really an HOA problem.

2) Expecting the pool is in the rear yard of the home and has a privacy fence (not an open fence), the camera would be an invasion of privacy.

3) If my expectation is correct, simply tell the individual to contact the police.

The Right of Privacy from Entertainment Law Resources

Concerned About Privacy? Here's What To Do If Your Neighbor's Security Camera is Pointed At Your House from a security company

Security Camera Laws in Florida: Legal Considerations (2024) from a security company

FL 810.14 Voyeurism prohibited; penalties. statute mentioned in previous article

FL 934.09 Procedure for interception of wire, oral, or electronic communications

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LoriM15 on 03/09/2024 11:36 AM
I just had a phone call from an owner who is claiming that his neighbor has a security camera pointed across his pool area and can see into his bedroom. We don't have any rules in our documents that would prohibit this

Your covenants have no rules on nuisances? Interfering with others' enjoyment of their homes? Noxious behavior? Absolutely nothing addressing neighbors harassing others? This is hard to believe.

LoriM15 (Florida)
Posts: 1,009

Posted:

As far as I can tell, the neighbor with the security camera is not breaking any laws. The backyard either has a 4-foot white metal picket-style fence, so open and not a privacy fence around the pool, or there is a screen enclosure around the pool.

I agree this appears to be a neighbor dispute. I don't think we want to start regulating against cameras in certain locations that might 1) conflict with state law and 2) cause liability for the HOA if we prohibit a camera in a location and then there is a break-in at that location (like no cameras in the back and someone breaks in the back door).

We do have nuisance regulations but so far this is not rising to the level of a nuisance. The guy who called doesn't have any idea what is being recorded, he just doesn't like having a camera pointed his direction - if it even is. He actually backs up to a lake and it's his next door neighbor that he says is recording his yard.

I will say, the neighbor with the security camera is a problem child for the community. I can't imagine living next to him. He is constantly complaining about something.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LoriM15 on 03/09/2024 6:47 PM
We do have nuisance regulations but so far this is not rising to the level of a nuisance. The guy who called doesn't have any idea what is being recorded, he just doesn't like having a camera pointed his direction - if it even is.

Who would want a camera pointed at rooms inside one's home? I think this is clearly a nuisance. I happen to think this is a big deal and HOAs should take action, if a nuisance or similar clause is present. I think many grumble: "What is the point of having a HOA if the HOA will not deal with owners violating covenants?" I tend to agree.

But I get that your board either does not agree or does not want to deal with this.

Perhaps the next HOA Felini will be filming footage of the neighbor's 12-year-old daughter. In her bedroom. Zoom lens in place. And Mom reports it. Heaven forbid the HOA get involved.

LetA (Nevada)
Posts: 2,679

Posted:

Not an issue for the HOA to get involved. The complaining party needs to file a police report and or
contact an attorney for guidance.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By ElleN on 03/09/2024 7:19 PM
I think this is clearly a nuisance.

I am backpedaling. I would ask the owner to prove that the cameras are capturing footage of the owner's spaces where he has a reasonable expectation of privacy. If he cannot prove this, then as far as finding a remedy for this annoyance, I think he is on his own.

I would also suggest to the owner that he put up trees, a fence or similar, to the extent the covenants allow, such that the camera is blocked.

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