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Subject: Member taking pictures of other Member
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03/20/2021 6:55 PM  
We have one member taking pictures of another member often. The abused member wrote a letter to the Board asking for assistance to get the picture taker to stop.
Our small HOA (17 townhomes) is on a private street, which the HOA maintains.
Since the street is private (not public) does that restrict the 'picture taker' member from being legally able to take pictures?


03/20/2021 7:07 PM  
Exactly why is this a HOA issue and not a police matter? Plus police can't do much as once you leave the house your basically in "Public view". They also may need to catch them in the act of doing it. Which would also be the HOA's view point as well.

You can't stop someone from taking pictures of others if your in public view. How do you even know the camera isn't pointed toward themselves doing a selfie? It may appear it's aimed at them.

Former HOA President


03/20/2021 7:45 PM  
For once, I agree with Melissa. Are any HOA CCRs or rules being broken? If not, it's a neighbor to neighbor issue, they can call the police if they think laws are being broken, or bring a civil suit if they can find cause.

Escaped former treasurer and director of a self managed association.
(North Carolina)


03/21/2021 7:15 AM  
Hi Haley,

This isn't HOA business to regulate. The offended person needs to discuss this with police. It's certainly creepy but may be wholly legal!


03/21/2021 7:43 AM  
Because an HOA can impact many aspects of someones life, many forget the limited authority an HOA has.

An individual that might not call the police will often reach out to the HOA for assistance.

A board needs to understand the HOA's restrictions and in cases like this, simply advise the individual to contact the police.


03/21/2021 12:48 PM  
Wise advice.


03/22/2021 5:00 PM  
Before the police, who likely can't do much, consider encouraging the 2 owners to take this up in mediation. Many university law departments have mediation clinics. There are also community mediation programs. They all need "cases" and this one might fit given the details that have been shared.

We've used them in our condo for a board-level dispute around, well, antagonistic interpretations of the rules and appropriate authority of the board. Look up mediation and read a couple of site about how the process works if you're not familiar with it.
(New York)


03/24/2021 10:14 AM  

While this is not a public street, unfortunately members should not expect complete privacy if they are outside of their home. Legally, the member can take pictures of this other person if they are on the street.

I would suggest that you ask the member being photographed to contact the police. This is not an issue for the HOA to solve.
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