Can a President of a Homeowners Association Install a Camera at the Pool?
Full Question:
Answer:
The answer will depend in part on whether it is a private or community pool and whether any indoor or other private areas are being recorded. In the case of a community pool, it may be possible to cite safety reasons for the camera. Whether he had authority to install the camera will also depend on the bylaws of the HOA and what they say about the President’s authority and need for approval. The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. The bylaws CCRs should be carefully analyzed to determine if the neighbor complied with CCRs and architectural guidelines before installing the security cameras.
Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. A non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage.
All homeowner associations are subject in some way to the rule of due process. Due process analysis typically applies where the action taken has allegedly deprived an individual of a right affecting life, liberty or property without adequate and appropriate legal process and procedures. There is a distinction between a right and a privilege. Due process issues typically arise in the context of a homeowners association when the property owner is facing a fine or other penalty or the association isn't following the procedures and rules outlined in its bylaws.
In some court decisions, the following test has been used in order to determine whether or not the action of the association meets the basic legal requirements of reasonable due process:
1. Is the action taken or proposed clearly within or reasonably related to the purposes of the association?
2. Is the action clearly within or reasonably related to the association's powers?
3. Is the action taken reasonable with respect to its application and the scope of its application?
4. Has the association acted with reasonable due process in carrying out the action?
Whether the action or proposed action is reasonably related to the purposes of the association and is within the power of the association can normally be decided from a review of the association's legal documents. Whether the action is reasonable in application and scope depends on the circumstances in each case. Whether the association has acted with reasonable due process depends upon whether the association has reasonable rules, and has followed those rules.
Please see:
http://www.govtrack.us/congress/billtext.xpd?bill=s108-1301
