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Subject: Invasion of privacy
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Author Messages
EvelynW
(South Carolina)

Posts:9


04/29/2021 4:34 PM  
Taking pictures from the outside looking into my unit - is that invasion or peeping tom?
MelissaP1
(Alabama)

Posts:10131


04/29/2021 4:55 PM  
Depends on perspective. A peeping Tom is an illegal action. Taking pictures of the outside of your home is taking pictures of a public space. You may be assuming taking pictures of the inside. Do you have any kind of sign or decoration in the window? This may include having different color shades other than white. Something many HOA's have written in their CC&R's.

Former HOA President
LetA
(Nevada)

Posts:1163


04/29/2021 4:58 PM  
Are they standing on your property taking the picture or are the pictures being taken from common property? Did you question the picture taker? It all depends on the context of who was taking the pictures and for what purpose. You have a right to tell the picture taker to stop, inform them that you will call the police if their activity does not stop.
SheilaJ1
(South Carolina)

Posts:227


04/29/2021 4:58 PM  
Nope, don’t see any laws broken, this a common complaint when owners dislike the HOA or management taking pictures. They call the police and nothing comes of it.
BenA2
(Texas)

Posts:872


04/29/2021 6:24 PM  
Peeping into a window is usually a criminal offense so it depends on what the criminal code in your state says. It's hard to imagine that it would be illegal to look into a window while standing in a common or public area and if you are legally in a place you can usually take pictures.

Normally, you cannot go onto someone's private property to peep into a windows and that would probably include taking pictures.
EvelynW
(South Carolina)

Posts:9


04/30/2021 7:02 AM  
let's say they stand outside looking in to take a picture of what is inside my unit - and then send you a letter referring to the picture???
JohnT38
(South Carolina)

Posts:569


04/30/2021 7:11 AM  
Posted By EvelynW on 04/30/2021 7:02 AM
let's say they stand outside looking in to take a picture of what is inside my unit - and then send you a letter referring to the picture???




Are we playing what if?
JohnC46
(South Carolina)

Posts:10952


04/30/2021 8:51 AM  
Posted By EvelynW on 04/30/2021 7:02 AM
let's say they stand outside looking in to take a picture of what is inside my unit - and then send you a letter referring to the picture???



Who is they? Can we assume it is your association taking the pictures and sending you a violation letter?
EvelynW
(South Carolina)

Posts:9


04/30/2021 9:57 AM  
Yes. this is a what if...I am anticipating this because I am stirring the pot with the board and they are doing a tit for tat...
AugustinD


Posts:313


04/30/2021 10:51 AM  
Posted By EvelynW on 04/30/2021 7:02 AM
let's say they stand outside looking in to take a picture of what is inside my unit - and then send you a letter referring to the picture???
Review the following South Carolina statute section 16-17-470, and then consider making a police report:
https://law.justia.com/codes/south-carolina/2019/title-16/chapter-17/section-16-17-470/

Excerpt
"(A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term "peeping tom", as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term "peeping tom" also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both."


If within your home, you are yourself committing some kind of crime, then I think you should seek an attorney.
JohnC46
(South Carolina)

Posts:10952


04/30/2021 2:19 PM  
Posted By AugustinD on 04/30/2021 10:51 AM
Posted By EvelynW on 04/30/2021 7:02 AM
let's say they stand outside looking in to take a picture of what is inside my unit - and then send you a letter referring to the picture???
Review the following South Carolina statute section 16-17-470, and then consider making a police report:
https://law.justia.com/codes/south-carolina/2019/title-16/chapter-17/section-16-17-470/

Excerpt
"(A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term "peeping tom", as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term "peeping tom" also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both."


If within your home, you are yourself committing some kind of crime, then I think you should seek an attorney.




I think where this is headed is the association taking some picture to show/prove violations. As long as the picture taker stays off the property and concentrates on photos of the violation alone, I do not see this as an invasion of privacy.

There have been posts about associations using drones to photograph violations.
MelissaP1
(Alabama)

Posts:10131


04/30/2021 2:20 PM  
So your assigning them reasons why they would do this? It is your opinion they are takig pictures of the inside of your unit. Could it be they are also just taking pictures of violations so they can give the proper notice and record it?

Former HOA President
LetA
(Nevada)

Posts:1163


04/30/2021 3:41 PM  
Posted By EvelynW on 04/30/2021 9:57 AM
Yes. this is a what if...I am anticipating this because I am stirring the pot with the board and they are doing a tit for tat...





Haven't you ever heard, he who stirs the pot, must lick the spoon?

If you are that concerned about privacy, close your door and close the blinds and shaded, Also most important, read your governing documents so your HOA won't send you letters.
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Forums > Homeowner Association > HOA Discussions > Invasion of privacy



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