Community Drone Regulations

[Flying Squirrel]

Hello All,

I have a job this afternoon photographing a property in a big gated community. I am aware that this gated community always tells me when I go through the gate that no drones are allowed. I am not under the bylaws of this community and the community is in clear space (not a controlled or restricted fly zone.)

Under the FAA, I am clear to fly here. I just wanted to double check and make sure that I am not missing anything legally here that has to do with the HOA as I am not held accountable under their bylaws.

Thank you,

FS

Edit: posted as soon as I understood all this, in case someone asks why I didnt ask earlier =)

 

[BigAl07]

If you are within their "area" (especially since it's a gated community) how are you not under their rules? If the homeowners agree to the rules of the land you are too. I'm no attorney but Land Use Laws rules apply to anyone using the land not just those who want to participate.

The FAA only cares about Airspace it's local entities who will be enforcing Land Use law/rules and who will be writing trespassing, reckless behavior, and other tickets. Those have NOTHING to do with the FAA.

 

[Flying Squirrel]

If you are within their "area" (especially since it's a gated community) how are you not under their rules? If the homeowners agree to the rules of the land you are too. I'm no attorney but Land Use Laws rules apply to anyone using the land not just those who want to participate.

The FAA only cares about Airspace it's local entities who will be enforcing Land Use law/rules and who will be writing trespassing, reckless behavior, and other tickets. Those have NOTHING to do with the FAA.

Airspace and land are two separate entities are the not?

 

[BigAl07]

Airspace and land are two separate entities are the not?

FAA is airspace
Local Entities will enforce land use (Sheriff Dept, Police Dept etc).

One doesn't preclude the other. By the Gate Keeper telling you drones aren't allowed they are stating (legally or not) you're not allowed to launch/land a drone on the property within. Depending on how the HOA rules are written and how well they are supported by the HO inside will determine what happens next.

If they tell you no drones and you launch anyway you're pretty much trespassing and can be cited as such.

 

[N017RW]

HOA authority varies based on their documents.

For example, mine could only restrict operations from ‘common’ areas without a membership vote. So far they haven’t.

Restrictions from private lots would require a vote with 2/3 affirmative to pass.

 

[BigAl07]

HOA authority varies based on their documents.

For example, mine could only restrict operations from ‘common’ areas without a membership vote. So far they haven’t.

Restrictions from private lots would require a vote with 2/3 affirmative to pass.

Exactly.

That brings up a funny story from earlier this year... a retirement community close to here (either Hendersonville or Cashiers I can't remember) was noted for having a home owner's vote re: drones. The vote against them passed with flying colors... in fact more than that... they had 105 possible votes and the vote passed 107 to 0. How does this happen LOL.

 

[Nightwolf]

they had 105 possible votes and the vote passed 107 to 0

Was this in Florida LOL

So if my HOA bans drones how does that affect me? Can I fly from my property? Can I fly from the street? Only common areas is my guess

 

[Flying Squirrel]

Interesting update...

I checked the rules and regulations of the community and there is nothing in there restricting UAV usage. It's just something they've told me at the gate before. Does this change anything?

The rules were posted in 2015 and I dont want to go through all the meetings g minutes since then (which btw have been faithfully updated since up til current date.) If they discussed restricting drone usage in their meetings, no one has cared to update their public rules and regulations pdf to include this.

FS

 

[BigAl07]

Was this in Florida LOL

So if my HOA bans drones how does that affect me? Can I fly from my property? Can I fly from the street? Only common areas is my guess

LOL no in was in North Carolina.

It really depends on how it's worded with the HOA. There have been several cases that have gone through mediation and a couple (that I'm aware of) that went to court and the ones that went all the way sided for the HOA. The rules are enforceable in many (but not all) instances.

 

[BigAl07]

Interesting update...

I checked the rules and regulations of the community and there is nothing in there restricting UAV usage. It's just something they've told me at the gate before. Does this change anything?

The rules were posted in 2015 and I dont want to go through all the meetings g minutes since then (which btw have been faithfully updated since up til current date.) If they discussed restricting drone usage in their meetings, no one has cared to update their public rules and regulations pdf to include this.

FS

You're trying to find a loophole but it comes down to how badly you want to do this job and is it worth the possible hassle etc? It's possible the online posting of the "Rules" hasn't been updated but it's also possible it was just "talked about" and hasn't' been officially implemented as of yet.

If someone at the gate says no drones then you either say ok & go away or you contact the HOA and ask for the current rules in writing and go from there. Don't be "that guy" and set a bad example by trying to go against the wishes of the HOA especially if it's not your HOA.

 

[Flying Squirrel]

You're trying to find a loophole but it comes down to how badly you want to do this job and is it worth the possible hassle etc? It's possible the online posting of the "Rules" hasn't been updated but it's also possible it was just "talked about" and hasn't' been officially implemented as of yet.

If someone at the gate says no drones then you either say ok & go away or you contact the HOA and ask for the current rules in writing and go from there. Don't be "that guy" and set a bad example by trying to go against the wishes of the HOA especially if it's not your HOA.

This makes complete sense. Thank you for your thoroughness and prompt replies. =) I dont want to be "that guy" at all. I'll try and get permission of the HOA.