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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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Good Morning. I live in an HOA community in Mount Holly NC.

Resolved Question:

Good Morning.
I live in an HOA community in Mount Holly NC. We have a community pool and our pool & safety committee brought up putting in Cameras at the pool. They want to keep this to the committee only, not letting other residents know what is being discussed or decided. I know that there has to be a sign put up to let people know that there is a camera and that they are being recorded. What I want to know is if our community HOA pool is considered a private pool, and if ALL residents have a right to vote on this. Thank You for your time.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The community pool is a common area. Unless the bylaws state otherwise, the HOA has the authority to make decisions regarding the common areas without consulting the full membership. N.C. Gen. Stat., Section 47F-3-102.

The by-laws can always overrule the general statutes. But if they don't say anything, then the HOA is allowed to make the decision on their own.

Also, North Carolina law prohibits making an audio recording without the knowledge and consent of at least one person who is a part of the conversation. A conversation that is left running all the time cannot guarantee to always have the consent of one party to all conversations recorded.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

What by-laws are you referring to?


I realize that the community pool is considered common area, but is it not a Private common area? We are all owners in our pool, and should we not have a right to vote on being video taped? I really do not want to have a camera taping me, and feel that my privacy is invaded. What if my bathing suit top comes off,.... Oh I hope nobody saw that...then know that it is caught on tape. I realize there are many pros and cons to cameras. Should I compose a letter to all home owners letting them know about this proposal?

Expert:  Lucy, Esq. replied 1 year ago.
The by-laws is another name for the articles of incorporation, which is the document that is filed when the community is created. Everyone who buys a property in the community should have a copy, or the HOA could give you one. The law does not distinguish between "common areas" and "private common areas." Any common area can be used and visited by any member of the community or their guests, so, by definition, it's not private.

Courts that have considered the issue have consistently stated that there is no reasonable expectation of privacy in areas accessible by the public. Even if it's a private community pool, since anyone in the community has a right to go there, it's not considered a place where there is any expectation of privacy.

The one option that you would have, after reading the HOA documents, is to send a letter to all of the homeowners to see if any of them will support you in amending the documents in a manner that requires the HOA to seek member approval before installing cameras. Usually, amending the documents takes a 75% vote, but it depends on the community. Some may have lower or higher requirements. The by-laws or articles of organization should also tell you what the required procedure is for your community, as required by Section 47F-3-106.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 20199
Experience: JA Mentor
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