JamesD9 (California)
Posts: 3
Posts: 3
Posted:
My Association considers patios common property. My patio has a 6ft fence around it. Don't I have a right to privacy to be notified before the Association can take pictures or enter my patio?
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Right to Privacy
Started by JamesD9 • 5 replies • 1502 views
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MikeS1
Posts: 521
Posts: 521
Posted:
Sounds like a condo where they might define this is limited common element (owned by the coa, but designed for your exclusive use. What's the real issue?
JamesD9 (California)
Posts: 3
Posts: 3
Posted:
The real issue is that they sent me a notice of violation for what they claim is an unapproved BBQ that is attached to the stucco wall. The letter included a picture of the BBQ taken from over the fence. The BBQ was installed in by the previous home owner sometime in the early 80s. We bought the condo from her in 1994. The BBQ is free standing and it is not actually attached to the stucco wall. The association has never brought this up before.
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
I certainly understand your concern.
My Association was advised that we could not enter the property to take photos of possible violations but may take photos from over or through the fence. Since, per your post, this is what you Association did, there might not be an issue of invasion of privacy or trespassing.
In response to the actual issue, I would suggest that you just explain this to the Association and invite them over to take a look at the Bar-B-Q to prove it is free standing.
If you had a statement from the Association when you purchased the property that says there are no violations, you might want to give them a copy of that letter. If this becomes an issue, I would suggest reviewing your Associations Architectural file for your lot and all minutes of the Board and/or Architectural file around the time the BBQ was installed to see if there is documentation of any approval granted.
Tim
My Association was advised that we could not enter the property to take photos of possible violations but may take photos from over or through the fence. Since, per your post, this is what you Association did, there might not be an issue of invasion of privacy or trespassing.
In response to the actual issue, I would suggest that you just explain this to the Association and invite them over to take a look at the Bar-B-Q to prove it is free standing.
If you had a statement from the Association when you purchased the property that says there are no violations, you might want to give them a copy of that letter. If this becomes an issue, I would suggest reviewing your Associations Architectural file for your lot and all minutes of the Board and/or Architectural file around the time the BBQ was installed to see if there is documentation of any approval granted.
Tim
JamesD9 (California)
Posts: 3
Posts: 3
Posted:
Thank you Tim. I did e-mail all of the info I had to the Association and I hope the issue will be resolved soon. I just don't like that they could take pictures over the fence where windows could be open and they could see into my house.
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
James
two issues i see, if the patio is common area then even with the fence they have the right to enter whenever. If it were considered private property they still have the right to take pictures over the fence. Folks can take pictures of the outside of your home all day from public or their property. It is up to you if you want privacy to make sure your windows are open. Now if there is intent to catch you or your family in compromising positions that might be a different story, but in this case I see nothing wrong with what they did.
two issues i see, if the patio is common area then even with the fence they have the right to enter whenever. If it were considered private property they still have the right to take pictures over the fence. Folks can take pictures of the outside of your home all day from public or their property. It is up to you if you want privacy to make sure your windows are open. Now if there is intent to catch you or your family in compromising positions that might be a different story, but in this case I see nothing wrong with what they did.
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