surveillance cameras

There is a complaint from a homeowner that there neighbor installed security/surveillance cameras 6 total around the house. A few are pointing into the neighbors back yard. The homeowner that installed them said that the next door neighbor was harassing them, throwing eggs and dog feces etc on their property etc and that is why they installed them. The did not go through the ARC committe and did this on their own. Any suggestions on this one?

RobertB12 - I agree with what JC3 is saying about the need for proof. What do your covenants state regarding modifications to the exterior of a single family home? Do the ARC standards conflict with what your covenants state, if so was there an amendment to the covenants to permit the ARC standards. Dot your I's and cross your T's with this one is pretty much what I'm saying.

Any alteration to the exterior of home should go through the ARC process. Satellite dishes have been tried in court but not security cameras. The right to peaceful enjoyment seems to be lost when a camera is pointed into a backyard?

So does the right to peaceful enjoyment of one's yard without getting dog feces or garbage thrown into it.

I don't have any details at my fingertips regarding how courts would or do view them, however, security cameras on an exterior are not covered under either our CC&Rs nor our Arch Committee standards.

I recall seeing some news a while back on someone who DID install security cameras and had them pointed into their own backyard, and the neighbor sued claiming something similar, but lost.

I'm just saying that the neighbor who has the issue might be best served contacting their own attorney rather than the BoD of the HOA.

Okay, so I mount them inside a window.

and STILL point them at my backyard and/or the side of the fence where resident is harassing me.

DonnaS,

I have been asked by our president to establish an ARC guidelines list also. I was curious to know if you would post your list, so I can refer to it for suggestions and idea as I go about constructing one for our community.

I understand I will need to modify the majority of what you have written, and some I may not use at all. Although you will provide me with items I may not be thinking of at all.

If you don’t mind, that is.

Thanks in advance.
Chuck W.

RobertB12,

I didn’t mean to “hijack” your thread. I know what your documents say about altering or changing the exterior of the house however, if the HO with the cameras were to get a court order his neighbor wouldn’t have much of a compliant then, nor would the HOA, really!

As stated above the judge is going to want to see some sort of proof of such claims.

Best of luck and keep us posted

Chuck,
The manual is 43 pages on 8,1/2 X 11. I'll ask the moniter how to get them to you per word doc.

Chuck,
These pages were written to begin with from our Restrictive Covenants, Many of these items will not pertain to you as this is a Florida developement
We then used some of the R and R's as they pertained along with a couple of County items such as Propane Tanks and pool regulations.

(attached is sheet 1 of 2)

Charles,
The 2nd one is a repeat so please ignore. It seems that the graphics will not go thru. Thanks

DonnaS,

WOW, very impressive. I’ll be reading it throughout the week. As I have been asked to put together an ARC guidelines list myself that can be copied to the back of our ARC request form. Apparently our association has been making all decisions (in the past) bases upon what the current board collectively agrees with regardless of what was approved and why in the past. The “common sense” approached, as she (board president) would say is used to approve or NOT approve requests.

Although what I will be constructing will also be what I feel is right so unfortunately it’s pretty much the same thing, just in writing form. I feel then it can then be implemented for future ARC requests appose to what future boards feel is proper based upon personal preferences.

I’m sure I will get some good ideas even though you are in Florida as were I’m located in Georgia.

I’m hoping to keep the ARC guidelines list to just one 8 1/2” x 11”, page that will be copied to the back of our ARC request form. Which will then be conveniently available to those who submit the ARC form as a point of reference.

Thanks again for posting. I’m sure it will be helpful
Chuck W.

Charles,
I forgot to add, in 2007, the Florida Statutes rewrote how ARC rules have to be done. They became much more specific in their nature. Boards and committees must have exact written guidelines such as "all houses must be pastel in color" was allowed prior to 2007. Now it must be "all houses must be white, pink yellow, no darker than a level 6. Every non allowance must be spelled out so our manual must be fine tuned.

As for your President and how they have been doing it, basically by a whim and a prayer, is certainly way to vague. Common sense works for some issues but not this area of decisions. And there is a lack of consistancy. What if they approve now and the next Board does not approve a similar request? For sure you need to get the guidelines written.

remember Brad, under the Patriot Act, you have no expectation of privacy INSIDE your house anymore either.

This is a dispute between neighbors and not something the Association should become involved in.

The only issue for the Association would be if there is a requirement to receive Association approval prior to installing the cameras and if there is, was the approval provided.

The neighbor can contact the police and/or an attorney about privacy issues if they desire.

Shoot, I just realized that this thread is 4 years old and resurrected by a spammer.

Great thread. Im late to the party but rather than starting another thread wanted to add on here.

Our association has 2 homes who have installed security cameras for safety concerns . neither went through the ARB for approval. Our covenants stae any exterior changes require an application but do not specifically address cameras. Is the need for approval covered in teh general "exterior alterations " statement?

2: some have bought up proivacy concerns and the need to protect the HOA from lawsuits. Why would the HOA be responsible if they did approve a security system and it later turned out that homeowner was violating another homeowners privacy?

As I understand the privacy laws inmy state, there is no expectation of privacy while out in public. This would include your front yard. Now, what about the back yard?....could be an argument there on personal expectation on rpivacy, right?

However, cameras may not view/record inside someone's house (through a window) where there is a reasonable expectation of privacy.