Security Cameras in California HOA

Question:

First, there are no rules regarding security camera usage in my cc and rs.

I live across from a board member w a Ring camera in front and a camera over her garage in back. Neither of these cameras bother me.

I myself have a camera inside my home pointed down at my walk for security-rings get stolen or broken. You can barely see it. I also have a sign outside that warns “Smile you’re on camera”.

After a couple years the board member across from me finally noticed the camera and I was soon a recipient of a cease and desist letter ordering me to remove it. They say it is a nuisance.

If I do not remove it, or allow them to come inside to look at it . They will be getting a court order to enter to look at it. How can this be right? In the state of Cali cameras are completely allowed if directed at public areas.

– Susan

 

Answer:

Hi Susan,

Security cameras should not be pointed at any area where people reasonably expect to have privacy. Cameras should not be pointed at windows or doors of neighbors’ homes. That being said, if your HOA does not have a policy on security cameras owned by residents, the HOA likely cannot intervene. This sounds like a neighbor-to-neighbor dispute, regardless of whether or not your neighbor is a board member. Your neighbor should not abuse their position.

Since this is a neighbor-to-neighbor dispute, it is best to settle it through dispute resolution. You may also do so through other legal means, though lawsuits tend to be expensive and time-consuming. Consider alternative dispute resolution methods such as negotiation, mediation, and arbitration. Other than that, it is best to consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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