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Sorry if this has already been covered in previous posts but I have a legal question about HOA rules. I live in a gated community in Florida that is adjacent to the Gulf of Mexico. At a recent Community Board meeting it was brought up that drones should be banned from the community and not be allowed to fly. I was not present at this meeting because I was at work but my wife was in attendance. If there is anyone that can shed some legal advice on this I would appreciate it. My understanding is that no community can create a no fly zone, that can only be done by the FAA. I assume the board can make a rule that drones can not take off in the community public spaces but would not be allowed to keep me from taking off on my own property. This is my dilemma, I usually take off and fly my drone from the back part of the community where there are no houses and fly over the gulf. If i take off from my own private property within the community I would have to fly over several houses to get to the areas that I like to fly, which is over water or public preserve. I'm not trying to start a war in my community over this because I like where I live, but I would like to educate these individual board members to make them understand that they are putting the public at greater risk by passing this rule. If anyone can please point me in the right direction I would appreciate it.
 

msinger

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When you moved to your community, you agreed to follow the bylaws of your association. In those bylaws, it should document how new rules are to be established. As long as your HOA board is following the bylaws, they should be able to create new rules that apply to your private property.

FYI, I used to live in an HOA community and I was on the board for 6 years. This is how we operated.
 
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Interesting. I have the same concern in our gated community here in Colorado. I fly almost daily from my back yard. I always fly above 200ft, but the Phantom is not the quietest thing around and I am concerned that one day the Board will take on the issue because of a homeowner complaint. I've already had to appease a couple of homeowners by assuring them I am not surveilling (they probably doubt it) and I will not fly close to their home. Most people are not enamored by the idea of a privately operated camera flying over their property . For now everything is ok however
My motto has become, "keep it high and do not hover where people live below." DJI should develop a stealth mode for getting in and out of the neighborhood:)
Anyone know the dB difference between the P3, P4 and Mavic?
 
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HOA's can come up with all sorts of rules which usually resort in a fine. Ours almost banned motorcycles (I have two.) due to one H-D owner who did the straight-pipes thing and would come home at 2 AM. Luckily he moved before the next board meeting and the topic got dropped. My racebike can be very loud, but I sneak home in high gear to keep RPM's and noise down and go slowly. No sense giving them attention for a meeting for "behavioral problems."

They've done odd ones like you cannot paint your house a different color than current unless approved by some HOA group, no gloss enamel paints, no car washing (drought), no running a business out of your house, renters, fountains, cars in disarray or parked too long, etc. Drones would be another they'd likely complain about, but I don't fly mine here due to the 5 mile airport thing as well as it will likely **** off the neighbors.
 
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One of the videos I've seen mentioned that the Mavic was a little quieter. We'll see.
I need it for the volumes of plans I have to spy on my neighbors.
 
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.... DJI should develop a stealth mode for getting in and out of the neighborhood:)
Anyone know the dB difference between the P3, P4 and Mavic?
Wonder why DJI hasn't looked at the Blue Edge or stealth helicopter blades for a design? Evidently they cut the rotational speed down as they sweep forward near the ends and then sweep back so same blade lift area, just shorter and needing less RPM so less noise. The current things are very buzzy and I hear mine out to about 300 feet.

This: Video: A Silent Rotor Blade Paves the Way for Super-Stealth Choppers
 
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Anyone know the dB difference between the P3, P4 and Mavic?
Unfortunately, that would rather depend on the distance the AC was from the mic, the angle it was measured from, the speed the AC was travelling, the direction, if there wind and the speed, blah, blah, blah..... Frankly, a lab test would be pointless.
 
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I live in a gated HOA and on the board. There's a few of us that fly and no issues yet.
The bylaws can be changed/added but not the CCR's without a majority homeowner vote.
If you have a decent board then they should listen to your opinion first before enacting new rules.
We have off road buggies and bikes and it's part of the area we all live in and accepted as long as it's not abused within the community.
It still needs to be a majority vote within the board to ban drones so it might be best to go to the next meeting and voice your concerns.
 
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Wonder why DJI hasn't looked at the Blue Edge or stealth helicopter blades for a design? Evidently they cut the rotational speed down as they sweep forward near the ends and then sweep back so same blade lift area, just shorter and needing less RPM so less noise. The current things are very buzzy and I hear mine out to about 300 feet.

This: Video: A Silent Rotor Blade Paves the Way for Super-Stealth Choppers
Hey I'll buy those in a heartbeat!
Maybe it's just an illusion, but they do look like they could easily decapitate someone. (never a good thing)

main-660x440.jpg
 
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Unfortunately, that would rather depend on the distance the AC was from the mic, the angle it was measured from, the speed the AC was travelling, the direction, if there wind and the speed, blah, blah, blah..... Frankly, a lab test would be pointless.
It wouldn't be difficult to put in front of a mic, run it, turn it off and do the same with the other one.
 
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I too live in a Fla HOA. Our documents do not allow the board alone to pass NEW rules regarding personal property without a nembership vote. Only common area rules & regs can be promulgated by the board alone.

Thus they cannot prevent me from operating on or above my lot/house without a 66% affirmative vote from the members. Then there are protocols which must be met to conduct such a vote.

Each case is different so YMMV.
 
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HOA, have a LOT of power and unless you have deep pockets you need to be proactive in your involvement in the meetings to help 'balance' the desire to add more restrictions.
 
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I'm sure there are a few good HOAs but IMHO most are run by people who think they know better then anyone else (my parents are on or have been on HOAs in the past so I'm not trying to knock anyone).

I imagine that this was brought up by people who (again) don't have a clue about drones. They are worried that drones will sneak into houses and steal people's babies. I'd highly recommend contacting the people on the board and ask why they might think banning drones is needed. My guess is that they will cite privacy issues. You can explain that hand held cameras can get most of the same photos and that drones could simply be flown over homes from outside of the property. Point out that this is simply not an issue at this time. You can then point out, as you mention, that they can only control where the drone is launched from, landed and where the person is standing... not the actual flight area. But I'd stay focused on the fact that it's really not an issue, it's just that the media reports on isolated occurrences as it's new and different.

Personally, I'd stay as far away from HOAs as possible but I also understand that most higher end homes are under HOAs.
 
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I'm sure there are a few good HOAs but IMHO most are run by people who think they know better then anyone else (my parents are on or have been on HOAs in the past so I'm not trying to knock anyone).

I imagine that this was brought up by people who (again) don't have a clue about drones. They are worried that drones will sneak into houses and steal people's babies. I'd highly recommend contacting the people on the board and ask why they might think banning drones is needed. My guess is that they will cite privacy issues. You can explain that hand held cameras can get most of the same photos and that drones could simply be flown over homes from outside of the property. Point out that this is simply not an issue at this time. You can then point out, as you mention, that they can only control where the drone is launched from, landed and where the person is standing... not the actual flight area. But I'd stay focused on the fact that it's really not an issue, it's just that the media reports on isolated occurrences as it's new and different.

Personally, I'd stay as far away from HOAs as possible but I also understand that most higher end homes are under HOAs.
I got on our Board for 2 reasons - access and influence. Unfortunately, I got off before drones became a concern. Fortunately, I have an early warning system in place so I can get ahead of any issues that arise.
Maybe the OP should get on or get friendly with the Board to avert misconceptions.
 

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I would assume if they ban them that would also include flying from your property as it is also located within the HOA boundaries.
Try to plead your case to the board. The best solution is to not live in an area with an HOA.
 
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N017RW

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Read your documents.
Arrogant boards rely on ignorance.

This is no different than bans from Parks, etc.

Once in the air, it's an FAA 'thang'.

Personal property is often protected from JUST the HOA BOD. Organizing and passing an amendment vote can be laborious.
 
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I imagine that this was brought up by people who (again) don't have a clue about drones. They are worried that drones will sneak into houses and steal people's babies. I'd highly recommend contacting the people on the board and ask why they might think banning drones is needed. My guess is that they will cite privacy issues.

Personally, I'd stay as far away from HOAs as possible but I also understand that most higher end homes are under HOAs.
What has given drones a sinister reputation is the image created by those nitwit operators by not only flying drones at low altitudes over homes in the past but by their proliferating mistakes that many of them have ended up in crashes. This is what is making people apprehensive to drones in general.

Not long ago my stepdaughter's friend was complaining that there was a drone flying over their house at the level of the second story window. He was pissed, he grabbed a baseball bat, rolled the window down in an attempt to try to knock out the drone.

Whenever I have the opportunity I try to educate people I become in contact with regarding drones, and tell them that we (drone operators) are not all the same.

dvcamm, I strongly suggest to grab the bull by the horns and discuss this topic with the HOA in politely. Explain to them what you just explained in this forum and the intricacies of launching from your back yard. They may need to be educated on the subject, and do so without getting agitated in a constructive way.
 

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Radio controlled Chinese toy flying cameras are not inherently safe. They have no redundancy, utilize unlicensed radio spectrum, and are often operated by persons with inadequate training or experience.

That is the danger, not leering into upper floor Windows via FPV. Very few posess such skills.
 
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Not that this my post adds anything, but when I was looking gor a house I told my realtor no HOAs, period.

My gal recently got threatened with a fine from her HOA. The violation? Bird poop on her mailbox. I kid you not.

Sent from my SAMSUNG-SM-G935A using PhantomPilots mobile app
 
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Not that this my post adds anything, but when I was looking gor a house I told my realtor no HOAs, period.

My gal recently got threatened with a fine from her HOA. The violation? Bird poop on her mailbox. I kid you not.

Sent from my SAMSUNG-SM-G935A using PhantomPilots mobile app
That's great!
Find an HOA that does landscaping and exterior maintenance and and you won't have to worry. It always helps if you are on the BoD of course. (just kidding you)
 

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