Just got a nasty email from our HOA president saying that she had several complaints about a drone flying over the neighborhood. She stated that although this is not illegal, it is invasive. I flew a route mission at 200 feet using a flyover and not stopping at any waypoints. I’m thinking about unloading on her then again, I may not. However, I’m still flying when and where as long as it’s legal. What’s y’all’s thoughts?
Complaint
- Thread starter Txfirecop
- Start date
Jagerbomb52
Well-Known Member
Jagerbomb52
Well-Known Member
Not sure if you belong to Facebook but there is a group called "UAV Law News & Discussion"
You can search the group for HOA. There is a lot of posts about the HOA being dicks. Seems they go after people for this reason mostly.
"While you come at this from the standpoint of the airspace being public, the HOA comes at this from a standpoint of nuisance and the threshold to meet would be much lower and subjective. Arguing that you have the right to fly would in many ways equate to bravado of nuisance - sort of the "I can do what I want, it is my rights over yours." And with the landlord having to straddle the fence a bit (protecting you as the tenant and keeping the property within HOA rules) any hiccup means they are sure to protect the investment (property) over the good fight (tenant) purely due to economics."
You can fight them but it just might cost you a lot of money.
You can search the group for HOA. There is a lot of posts about the HOA being dicks. Seems they go after people for this reason mostly.
"While you come at this from the standpoint of the airspace being public, the HOA comes at this from a standpoint of nuisance and the threshold to meet would be much lower and subjective. Arguing that you have the right to fly would in many ways equate to bravado of nuisance - sort of the "I can do what I want, it is my rights over yours." And with the landlord having to straddle the fence a bit (protecting you as the tenant and keeping the property within HOA rules) any hiccup means they are sure to protect the investment (property) over the good fight (tenant) purely due to economics."
You can fight them but it just might cost you a lot of money.
Your right. Probably not worth it. It’s a small 15 property HOA. Like all HOA’s. They have their clique
Jagerbomb52
Well-Known Member
Well not sure if this helps but someone posted this in that group I was talking about.
"
You need to look at the HOA bylaws. Have them show you where it says you're eligible for eviction for a simple rules violation.
If that's in the bylaws, it doesn't matter what the law says.
It would be the same as being evicted for any other silly rule you agreed to. And the UAV rule has to be legally part of the bylaws as well, or their threats are moot."
"
You need to look at the HOA bylaws. Have them show you where it says you're eligible for eviction for a simple rules violation.
If that's in the bylaws, it doesn't matter what the law says.
It would be the same as being evicted for any other silly rule you agreed to. And the UAV rule has to be legally part of the bylaws as well, or their threats are moot."
There is no rule like this of any kind in the bylaws. HOA’s can impose fines and place liens on the property. They can’t evict. Not in Texas as I understand. I do appreciate the help. I am just irritated. I can understand where they are coming from and wouldn’t like it myself. I think it’s just better to get along. I will fly around the houses from this point forward.
CactusJackSlade
Well-Known Member
Is there a way they might be able to use aerial for a benefit somehow?... turn the HOA's irritation into a advocate? Mapping, doing flight jobs to the members, sharing photos of what might interest them? I've often found if you get them curious or interested it becomes less an issue. I do realize some people are just non-negotiable...
I’m not sure what their response will be. Two years ago one of the outstanding neighbors pulled a firearm on a young man taking real estate pictures. Things went south and local PD was called and arrested him for assault with a deadly weapon. Ever since then, drone talk scares everyone. This was before I moved into the neighborhood. Some people are always jerks and it doesn’t matter what is wrong or right, they are still jerks. I’m a commissioned peace officer in the State of Texas and do fire investigations. I really don’t need this guy Challenging me especially with his history. Not worth it. I will just fly elsewhere or sell my whole setup that only has about 6 flights On it. Haven’t made that decision yet.
Tufargon
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Hey, I'm a former Real Estate Appraiser and this was a big issue for us. Just taking a picture can piss off so many people in so many ways. Even if it's not their house or property. I've had a gun pulled on me once.
That’s exactly what happened here. I was told it was a 18 year old young man who was very polite and explained what he was doing. The guy went crazy and pulled a gun. Crazy stuff.
That don't work with me. I'm usually carrying a handgun....lol
Boy am I glad I live in the middle of a 100 acre property that I own. I could never live in the 'burbs' or in an urban setting, too many humans with too many issues.
People do get anal, why I avoid them.
Jagerbomb52
Well-Known Member
Thats to bad about selling. I know being able to fly from your yard is great but there are a lot of other places to fly. I fly from my back yard all the time and actually it is getting pretty boring. Always looking for new spots to fly.
I live by this credo...'An armed society is a polite society'
Something about a sidearm in plain view (we are open carry here as well as concealed, causes people to rethink their positions on things. I do it both ways (have a concealed carry permit) and I hold a Class 3 FFL as well.
But then out here in farm country 'rural America' confrontations are very rare, unlike in a populated area where there are tons of people.
Something about a sidearm in plain view (we are open carry here as well as concealed, causes people to rethink their positions on things. I do it both ways (have a concealed carry permit) and I hold a Class 3 FFL as well.
But then out here in farm country 'rural America' confrontations are very rare, unlike in a populated area where there are tons of people.
Have you had a face to face conversation with the HOA organizers. Sometimes a direct conversation can be helpful and may be an opportunity to educate.
Often times communication can give people comfort if they know you are not a weirdo doing weird things.
Just a thought - Sometimes it just doesn't matter or could make it worse too.
I suspect there are a lot of people who view drones as an invasion of privacy and that has been aggravated by many boob tube video's. Flown responsibly they aren't but I bet a lot aren't either.
After thinking about what happened yesterday, I have decided to keep my Evo 2 and fly like I always have. I have successfully flown a dji model for years without any complaints. The mission was at 200 feet and didn’t intrude on anyones privacy. They will go crazy tonight when I fire it up with my new strobes. By the way, my place consists of 5 acres and I will make sure for tonight’s mission I stay within my boundaries. That’s all, rant over.
Hawaii Drone Imaging
Well-Known Member
Yes. As @Agustine shared, there has to be a bylaw or "house rules" within the HOA. It may not necessarily say specifically UAV, UAS, or Drone restrictions, but they are good for using other rules to cover them. Such would be as you said, if there is a sense of "invasion" of privacy. My HOA tried to use the rule of "disrupting" the peaceful welfare of other tenants and causing a "noise" nuisance. Good luck to you. Just make sure you review and have a copy of the "house rules" on deck! I won my battle. Luckily I have a ton of military and tour helicopters that fly around my area, and nobody "complains" about them, so that was my defense. As a courtesy, I just notify my security guys at the front that I will be flying. That way there's no "surprise" when their phone starts ringing..lol
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