Drones

Source: Adrian J. Adams Esq. 

QUESTION: Our neighbor’s teenage so
n has been flying a drone over houses in the neighborhood, including our swimming pool. This is an invasion of my privacy. Can the board do something to stop him?

ANSWER: Privately operated drones are increasingly in the news because of the noise they make, the danger they pose to commercial air traffic, and invasion of privacy issues (many carry high definition cameras). Last week, the National Park Service banned drones in Yosemite. Visitors were using them to photograph the park and climbers on Half Dome. Noise, safety and privacy issues were factors in the Park’s decision.

Restricting Drones. The same concerns raised in the Yosemite ban can be the basis for prohibiting drones in community associations. Restrictions can be implemented through amending CC&Rs or through a rule change. Adopting a rule is much easier than amending the CC&Rs since it can be done by the board after a 30-day notice period. However, a CC&R amendment is easier to enforce if an HOA needs to go to court.

City and County. Any ban adopted by an association would apply only to members, residents and guests. If drones are being flown through the development by people outside the association, the board’s options are limited. The HOA would need to go to the city or county to seek a ban.

RECOMMENDATION: I recommend that boards start with a simple rule change. At some point when they update their CC&Rs, they can include the restriction. If your association needs assistance, contact us.