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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11582
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Can an H.O.A. take a picture of my property without my permission

Customer Question

Can an H.O.A. take a picture of my property without my permission and use the photo to point out a violation of a CCR? In the past they would notify the residents in writing when there was a potential violation. I feel that with them photographing my property without my consent is a violation of "my right of quiet enjoyment" of my property and home. I've asked them to not photograph my property and yet they continue. In the CCR's there is no mention that they can or cannot use such methods in trying to highlight a violation. Do I have a recourse?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 11 months ago.

Hi, my name is XXXXX XXXXX I will be assisting you. If I have not answered your question, please let me know and I will be glad to explain further.

 

I am sorry to hear about your difficult situation with the HOA. You cannot possibly imagine how many questions we receive each week about HOAto havs.

 

You were certainly on the right track by reviewing the C,C&Rs, but where the C,C &Rs are silent on the subject the Board can vote this authority into their "scope of authority". Even so, the photographs cannot be focused on anyone in the house, or anyone entering or leaving your property, or a photograph of any of your family members because that would be an invasion of privacy and would be a violation of law. There is a solution to this. I think that residents of a community which has an HOA tend to forget that they, too, have substantial rights and if a majority of the homeowners do not like a particular act in which the Board is engaging, "in the name of and for the benefit of the community as a whole", the residents can hold a Special Meeting for the purpose of either voting to eliminate that authority in the Board, or if the Board has antagonized enough of the homeowners, to remove the Board entirely, and hold nominations and elections for an entirely nw Board of Directors at such Special Meeting,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11582
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

Great Job Andrea...I've contacted the HOA via email and asked that they not photograph our property.

Expert:  Andrea, Esq. replied 11 months ago.

Thank you for the compliment, I appreciate it greatly! Do you have any other questions for me ? If not, please do not forget to leave a positive rating for me because that is the only way I receive credit for assisting you,

 

In case you need to call a Special Meeting for any reason, including the reasons I stated in my previous Answer, I'll save you time and money by telling you right here how to go about it,

 

A Notice of Special Meeting must be given to all HOA members and the Notice should include the following:

 

1. Date, time and location of Special Meeting

 

2. Purpose of Special Meeting (To prohibit Board from photographing our properties - if that is what you will do. Or you could include the following - "Prohibit Board from photographing our properties, remove present Board, and elect new Board )

 

3. Agenda - Vote to prohibit Board of Directors from photographing our properties, or engaging others to take said photographs, Vote on removing present Board of Directors, receive Nominations to the Board, hold elections for new Board of Directors)

 

4. If removal of the Directors is going to be by Resolution, then the language of the resolution to be voted on, must be included in the Notice.

 

It is important to adhere to the Agenda and only those issues can be discussed at the Special Meeting. At the time of the Special Meeting, be sure to count all members in attendance to confirm that you have a Quorum, as required by the By-Laws and also determine what percentage of votes of the Quorum is required to pass the Resolution and to elect a new Board of Directors. The meeting should be conducted in accordance with the requirements set forth in the By-Laws. If any requirement is missing from the By-Laws, then look to "Robert's Rules of Order" to fill in anything not contained in the By-Laws,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

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