Question:
Can my HOA demand that I change the public view of my street or neighborhood with my house mounted surveillance camera. It views the front of my house, the street and public views of neighbors homes which can be seen by anyone walking by them on my street.
– Jack
Answer:
Hi Jack,
In California, your HOA generally cannot demand that you change or remove a surveillance camera that views public areas, such as the street or portions of neighbors’ homes visible from public vantage points, as long as the camera is positioned and used in a lawful manner. California law, including the state Constitution, strongly protects individual privacy rights, but this protection generally applies to private spaces where there is a reasonable expectation of privacy, such as inside a home or a fenced backyard. Publicly visible areas, like streets and the exterior of homes, do not typically carry the same expectation of privacy.
HOAs do have authority to enforce reasonable rules regarding exterior modifications, including cameras, if such rules are outlined in the community’s governing documents, such as the CC&Rs. However, these rules must not infringe on homeowners’ legal rights, including the right to install security measures for personal protection. If your camera does not violate state privacy laws, such as recording audio without consent (which is restricted under California Penal Code § 632), and if it complies with HOA rules, the HOA’s ability to demand changes may be limited.
If the HOA is pressuring you, review the CC&Rs and California law to confirm your rights. You may also consider explaining to the HOA that the camera is positioned for security purposes and does not intrude into private areas of neighbors’ homes.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
