Most Homeowners Associations are making up drone rules!
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#hoadrones #homeownersassociation #hoa
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HOA’s are ridiculous! The problem is the HOA can fine you a huge amount and when you refuse to pay it they will attach a judgment to your house unless you pay money and fight it in court. Everyone should stay far away from them. This is great information to put out there.
HOAs can ban drone use within their boundaries. Like all HOA rules, they are only applicable to members of the HOA.
In this case, as a member of the HOA, you agree to not fly a drone within the boundaries of the association without permission.
Yes, they CAN make up rules to suit themselves.
Exceptions to this would be local ordinances that prohibit certain activities. An example would be watering bans. If a city bans watering your lawn on certain days or times, they can’t make a rule that allows it. Now, they could go the other way and impose bans on watering if none existed.
Note, if you’re a member, it’s not illegal to fly a drone, it’s just that if you do, you agree that there are fines to the HOA… because you agree to the rule.
The only questionable part is the airport application. While the airport is privately owned, it is open to the public. There is no FAA restricted airspace around the airport. Though open to the public, they can prevent drone flights by people on airport property, but they have to abide by FAA airspace regulation for anyone flying over the airport. This is where it could get sticky legally though. This is where we look at the Causby decision, and the airport may have a case in court where flying a drone over the airport does interfere with their operations and they can have reasonable restrictions on the airspace over the property. This would have to be decided in court, so they can’t really make their own rules up before the fact.
As with all HOA rules, they don’t apply to non-members.
I think there is a lot of either uninformed or misinformed on HOA rules and city ordinances.
Let me be clear. HOA rules DON’T apply to non-members. If the HOA called the police and pointed to a HOA rule… Law enforcement would tell them to keep in their lane, as it’s not a law enforcement issue. Law enforcement and cities don’t enforce HOA rules UNLESS they also break an actual law or city ordinance.
HOA rules AREN’T LAWS. They are rules for members of their HOA. A HOA membership is a legal contract agreement between the HOA and the member.
You’re suggesting that the HOA rule are laws and ordinances and are applicable to everyone. That’s NOT the case. If you are within the HOA boundary, not a member and on public property, you are legally allowed to fly a drone and Law enforcement will do NOTHING.
I always refer to HOA’s as someone who thinks they are God. I despise them, and they think their (you know what) doesn’t stink. If you see the Geico commercial where the lady (Cynthia) chainsaws the mailbox down because it’s 2″ over regulation, ….well that’s what I’m talking about. And if you think I”m kidding, this parody is spot on. Here’s a link to that commercial . But there’s one thing I completely disagree with what Ken said and that is about the local police teaming up with the HOA, they can cite you. WRONG! I’ve been in law enforcement for 27 years, and I’ve seen plenty of HOA disputes. Maybe not about drones, but as an Officer, we just don’t go out to a call and make crap up because someone says so. Speaking on where I’m from, HOA issues (rules) are “Civil” not criminal. I would also imagine this to be the same anywhere else. If it’s not in state law or local ordinances, it’s not a citable offense. Now if you’re talking about trespassing, that’s a little different story. I know you had a guest on TNL where a drone pilot was charged with trespassing, which I completely think is “Bull–it”. I’m not going to get into that here, but thinking cops teaming up with HOA’s isn’t what’s happening.
What I would do is go to the local prosecutor and get his opinion. He should know the law. Get him to state it in writing and go to your local police and show them the letter. Make sure they are aware of the law. Also carry a copy with you when you fly in that area. This pertains to residents of the association.
Hi Ken I have a question about this, I fly at the City parks and I have been getting harassment from the gardeners. I get told that I can’t use the park to fly my micros around because of the noise and the people who are complaining. I have never used the park when people are there. I don’t believe that they have any Authority to do so but im not positive. It’s not in the airports no fly zone. And my quads are under 250gm, so I am ready to fight this and ready to sue them for this if I’m in the right to fly here.
UK and complete EU have now the same rules since 1.1.2021. Only some so called Geo-zones differ from country to country.
Yep, Oregon sucks.
Sir,plz give me a dji mavic 2 pro camera drone.plz sir.????
Simple answer is F ck the HOA off and get rid of the dumb cunts.
I was once told that while my drone is allowed to fly, the HOA can stop me from operating a drone on their property. Is this true?
Its crazy that you made this video on this subject when less than 12 hours ago a MM1 operator thats in the same group I am asked me my opinion on damn near the exact same scenario. He said that a friend of his that has lived in this area for 50 years told him that in that little oceanfront Island city, I’m sure you’ve heard of it (Long Beach Island NJ) that they didn’t allow drones in their airspace. Asked me my opinion and mine was pretty much the same as yours was. And it also only has a small airport which is the only NFZ spot in the area. He was told the city didn’t allow drones in the city under 400ft and as you know FAA doesn’t allow you over 400 ?. So I called Long Beach Police Dept at that moment because not only did i want to help him with his issue but now i needed to know just as much. I talked to a police officer that said he had been a police officer there for 25 years. Asked him if he knew anything about an ordinance on the beach, and of course he said no so I explained to him what had been said and he said… well the residence here are definitely gonna have a problem with a drone and said they will call us. I said so what does that mean, they could also call you and tell you that I was wearing loud bright purple shorts they didn’t like also so what does that mean? Can we or no? He said if they get complaints then he’d come out and tell us to land it and if we got caught after that we’d get a citation and a fine. So I said but as long as noone calls were good then? He said well there’s a lot of wind on the beach and its possible we still could get a citation for…. I believe his words were reckless endangerment. So yeah thats some actual BULL****!!!! Mainly because, if other cities got the word on that it could spread like a wildfire. Anyway just wanted to chime in to help and let people be aware of the games that police could play so be aware is the only thing we can do I guess… again BULL****!!!! Thanks for your video, the more aware people are of this possible issue the less likely someone that is aware would puff their chest out and take it to even another level thinking the police cannot do anything when obviously they can and I’m sure already have and will again until some dept gets sued cuz like you said to get a lawyer to even maybe win its gonna cost someone. SMDH!! Screen shots below…..
What would you suggest as a more non-reflective eye makeup? Have a new YT channel and working with lights is a challenge. Would be great to get your thoughts?
Be prepared soon Sunriver Homeowner association will print their own money!
Yeah, we all truly rule the skies, NOT! I want UK Law here they seem to be thinking, not bad for Brits. I think the guy at the end should be the Official RemotePilot101.com Commercial. He’s got it down, a 1000 thumbs up to him!
He said bull?
Nice dance???
I live in UK thx