HomeOwnersAssocation (HOA) community rules say no playing or riding of non-cars in the driving areas where cars must travel to enter or leave garages or to drive in and out of the HOA community into the public streets. Residents claim pictures taken of people & objects violating this HOA rule, to be used as evidence, are invasions of privacy. Or if a resident records excessive noise i.e. children shouting, screaming, playing, coming from outside a resident ...Can you advise what is legally supported if pictures are taken or noise are recorded...thanks
General Practice Lawyer
I don't know about your CC&R's, but recording someone without their permission in California is a big no-no. (Pen. Code, §§, 630, et seq.) Recordings made without the recorded person's permission, or a prior court order are inadmissible in all cases.
With respect to pictures, I think you can take pictures of common areas, but if you have a camera pointed through someone's shower window, you are going to get into trouble with the courts.
DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice. Transmission or receipt of any information from this, or any, website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of an attorney. The law is constantly changing, the materials appearing on this website are not guaranteed to be up-to-date. The application of law is dependent on the facts of each case, and no two cases are ever similar. It is important that users of this site realize that it is risky to assume that their case is identical to someone else's, without consulting with an attorney.
1 lawyer agrees
Construction / Development Lawyer
You can take photos and video of anyone in a public area. That would include the common areas of the HOA.
You can record a conversation with the consent of all parties. Doing it without consent could be a crime.
If kids are playing outside, in the common areas, recording that would probably be okay.
Divorce / Separation Lawyer
Invasion of privacy usually goes to the issue of whether those individuals have an expectation of privacy. If you are in the front of your house in open and public view the bar in regard to the invasion of privacy is extremely low. Over the years I have seen many individuals record noise so they could prove to the city that their neighbors were violating city ordinances by their excessive decibels and or disturbing the peace.
I know in my homeowner association we have video cameras that take pictures of the incoming and outgoing vehicles in our neighborhood. Many communities do the same. I would be hard pressed to make a case against you for invasion of privacy with the circumstances you describe.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.