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Subject: Naked homeowner
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Author Messages
VirginiaG
(Georgia)

Posts:11


10/13/2021 10:13 AM  
A homeowner in subdivision routinely stands naked in front of non-covered windows. Our covenants do not mention this. How can it be handled?
MelissaP1
(Alabama)

Posts:10534


10/13/2021 10:16 AM  
Call the police to report it. May not be illegal. Just keep laughing and pointing. Either it will do tricks or run away in shame.

Former HOA President
TimB4
(Virginia)

Posts:17785


10/13/2021 10:35 AM  
It's not an HOA issue.
It is a police issue.

Options:
1) talk to the individual yourself - they might not realize they are seen.
2) As Melissa posted, call the police (you may want to take photo in case the issue doesn't exist when the police show up).
KerryL1
(California)

Posts:8620


10/13/2021 11:59 AM  
Agree with others. Call the police.

We had an exhibitionist here, who'd be naked on his balcony engaging in, um, x-rated behavior usually for maybe 10 minutes. . Neighbors took pics and we called the police, who came once while he was on his balcony. They visited him. The behavior stopped and he moved away too.
BenA2
(Texas)

Posts:1040


10/13/2021 1:31 PM  
I agree with the others. It is a police matter. It is never a good idea to get involved in behavior that does not violate HOA rules.
LetA
(Nevada)

Posts:1429


10/13/2021 3:11 PM  
I don't even feel it is a police issue. Where is it illegal to wear your birthday suit inside your own home? In front of a with the curtains pulled back is a bit prudish, but not illegal.
TimB4
(Virginia)

Posts:17785


10/13/2021 3:54 PM  
LetA,

Since you live in NV, I would suggest you take a look at
NRS 201.220 – Nevada “Indecent or Obscene Exposure” Laws

Since the OP lives in Georgia, here is their applicable law:
Have you Been Charged with Public Indecency in Georgia? From an attorney site that also has case law.
MelissaP1
(Alabama)

Posts:10534


10/13/2021 4:03 PM  
It is NOT illegal be naked in your own home in front of windows. Maybe on a balcony or common area that is "public". However, in your own home not so much. It's more embarrassing and dumb.

There was a person who would stand naked in front of his glass sliding doors at a 4 way stop dancing. Nothing could do about it legally. After awhile he stopped.

Former HOA President
JohnT38
(South Carolina)

Posts:768


10/13/2021 4:51 PM  
Posted By MelissaP1 on 10/13/2021 4:03 PM
It is NOT illegal be naked in your own home in front of windows. Maybe on a balcony or common area that is "public". However, in your own home not so much. It's more embarrassing and dumb.

There was a person who would stand naked in front of his glass sliding doors at a 4 way stop dancing. Nothing could do about it legally. After awhile he stopped.




A quick google search of "is it illegal to stand in your house naked" indicates you are wrong in many states.
TimB4
(Virginia)

Posts:17785


10/13/2021 5:11 PM  
Posted By MelissaP1 on 10/13/2021 4:03 PM
It is NOT illegal be naked in your own home in front of windows.




Did you look at the links I provided?

Granted, laws vary by State. Based on Alabama statutes, it does appear to be a grey area. However, to make such a blanket statement that some may think applies to their State is simply wrong [can't think of a better word].

Per Alabama statutes:

Ala. Code 1975, § 13A-6-68 Indecent Exposure
LetA
(Nevada)

Posts:1429


10/13/2021 5:17 PM  
Posted By TimB4 on 10/13/2021 3:54 PM
LetA,

Since you live in NV, I would suggest you take a look at
NRS 201.220 – Nevada “Indecent or Obscene Exposure” Laws

Since the OP lives in Georgia, here is their applicable law:
Have you Been Charged with Public Indecency in Georgia? From an attorney site that also has case law.




Did you read the statute Tim? that don't apply here..

Take a walk down Fremont Street You will see a guy wearing flip flops and a colored condom to cover his winkie. That's all he wears and he does that for tips.
That's just one of the many freak shows on Fremont Street.
JohnT38
(South Carolina)

Posts:768


10/13/2021 5:19 PM  
Posted By TimB4 on 10/13/2021 5:11 PM
Posted By MelissaP1 on 10/13/2021 4:03 PM
It is NOT illegal be naked in your own home in front of windows.




Did you look at the links I provided?

Granted, laws vary by State. Based on Alabama statutes, it does appear to be a grey area. However, to make such a blanket statement that some may think applies to their State is simply wrong [can't think of a better word].

Per Alabama statutes:

Ala. Code 1975, § 13A-6-68 Indecent Exposure




Amen on this. A "one size fits all answer" is often wrong especially on subjects such as this.
TimB4
(Virginia)

Posts:17785


10/13/2021 5:36 PM  
LetA,

I did read the NV statute. It specifically applies to being naked in your own home in front of windows (the topic of this thread).

Per the example you cited, I suspect it has to do with, per your posting, the individual not being naked. Mind you, I don't agree with it, but can see the argument.
MelissaP1
(Alabama)

Posts:10534


10/13/2021 8:07 PM  
In Alabama there is "Naked" and there is "Nekkid". Naked is when your eating fried chicken with no clothes on. Nekkid is when your chasing the chicken so it will drink a beer with you...

Naked is a private matter if in a private setting not out in public. Once you hit the other side of your front door, you Nekkid. Inside your home you are Naked.

Former HOA President
MaxB4


Posts:1394


10/13/2021 8:53 PM  
Where is RollandE when you need him the most?
CathyA3
(Ohio)

Posts:2475


10/14/2021 4:56 AM  
Posted By MaxB4 on 10/13/2021 8:53 PM
Where is RollandE when you need him the most?



Apparently he's back doing business under the name of TomJ10.

Be careful what you ask for.
JohnC46
(South Carolina)

Posts:11539


10/14/2021 9:15 AM  
I read the AL link. It says:


A person commits the crime of indecent exposure if, with intent to arouse or gratify
sexual desire of himself/herself or of any person other than his/her spouse, he/she
exposes his/her genitals under circumstances in which he/she knows his/her conduct is
likely to cause affront or alarm in any public place or on the private premises of another
or so near thereto as to be seen from such private premises.


That pretty well covers it.
MelissaP1
(Alabama)

Posts:10534


10/14/2021 12:34 PM  
Hence Naked vs Nekkid... What you do in your private home or view is your business or spouse. What you do outside the house and with some else's spouse everyone's business... That is when someone can go to jail...

Former HOA President
JohnT38
(South Carolina)

Posts:768


10/14/2021 12:45 PM  
Posted By MelissaP1 on 10/14/2021 12:34 PM
Hence Naked vs Nekkid... What you do in your private home or view is your business or spouse. What you do outside the house and with some else's spouse everyone's business... That is when someone can go to jail...




Just in case someone is foolish enough to believe you, depending on the state you are in this is absolutely false. As previously mentioned:

"A quick google search of "is it illegal to stand in your house naked" indicates you are wrong in many states."
LetA
(Nevada)

Posts:1429


10/14/2021 2:16 PM  
Posted By TimB4 on 10/13/2021 5:36 PM
LetA,

I did read the NV statute. It specifically applies to being naked in your own home in front of windows (the topic of this thread).

Per the example you cited, I suspect it has to do with, per your posting, the individual not being naked. Mind you, I don't agree with it, but can see the argument.





NRS 201.220
Nevada law defines the crime of indecent exposure as exposing one’s genitalia or anus in public or in a private place open to public view. Another ambitious text in a legal statute open to broad interpretation.
The DA here as much as I think he is a dork, this statute is rarely used except if a sex crime takes place. Heck indecent exposure can be bootstrapped to public urination. it all comes down to going after
the bigger crime if a crime is, was committed.

A private residence is not open to the public. It is a double edged sword. The stature would then have to look at what the individual is doing in the window for all to see. If the person is standing in front of a window
in their birthday suit with a cup of coffee however prudish is not a crime unless they are engaging in self ill gotten pleasures that are directed to atoner especially children. Then that would be considered a crime.
Even the famed Green Door in Commercial
Center has actors in the front lobby engage in sexual intercourse on a pool table in front of double opening doors for all to see that walk by or walk into the business. This is skirting the statute and don't say it's
Vegas.
MelissaP1
(Alabama)

Posts:10534


10/14/2021 4:19 PM  
Looks like I am going to go to jail for taking a shower or a nap in my house then... Not always clothed for those activities...

BTW: I know of some practicing "nudist". They often do "Naked group bike rides". Get a permit from the city and ride "free" through the streets.

Former HOA President
DouglasK1
(Florida)

Posts:1681


10/15/2021 5:50 AM  
Posted By MelissaP1 on 10/14/2021 4:19 PM
Looks like I am going to go to jail for taking a shower or a nap in my house then... Not always clothed for those activities...


Do you do those things in front of a window where you can be seen from the street?

Escaped former treasurer and director of a self managed association.
MelissaP1
(Alabama)

Posts:10534


10/15/2021 5:57 AM  
Actually my bathtub window is large but frosted. So can see through it a bit. May see it walking by.

How do you think strip or whorehouse legally operate if they can not be nude? Certain states have to wear pasties. Some states allow women to go topless in public. The point is that not all naked situations are illegal.

My neighbor window is not frosted and no window treatments at his bathtub. I see a full moon from my backyard some cloudy nights. Not illegal. He is not intentionally trying to show me. It just the angle.

Former HOA President
PatJ1
(North Carolina)

Posts:254


10/15/2021 7:24 AM  
Laws regulating indecent exposure vary from state to state and from municipality to municipality. The HOA does not need to be involved in this issue if not required to in their governing documents.

Person complaining about the exposure needs to call the police directly. A photo will probably be needed of the offender to show to the police officer so that the police can address the issue.

Many years ago we had a resident running around naked in the parking lot. There were pictures, AND VIDEO, taken. They didn't call the police, but they did call the HOA.

The HOA needs to carefully review what exactly they are responsible for. HOA's are responsible for the maintenance of community property. A person running around naked in the parking lot is not violating HOA community property unless a board decides that it's an HOA issue.




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