Drones can get tempers flying high in Florida HOA communities |
The growing popularity of drones for both consumer and commercial applications over the last 10 years has led to privacy concerns and disputes, some of which involve community associations. Owners and residents in HOA communities across the country have expressed concerns over drones equipped with cameras being capable of surveilling their properties and backyards.
They should begin by having a highly qualified and experienced community association attorney review their governing documents to determine whether they allow for the use of drones or if an amendment would be required to their governing documents. For some associations, the provisions in their documents covering their maintenance and repair requirements may suffice for the approval of the use of drones via a vote of the board of directors. Some documents also give associations the right to enter unit owners’ properties for specific inspection, maintenance, replacement and repair needs, and those stipulations may also be interpreted to allow for drone usage for these purposes.
Prior to the use of drones, associations would also be well advised to consult with their insurers. Drone accidents can cause injuries and/or property damage, so associations should always maintain adequate insurance protection against potential liability. Additionally, association directors and property managers should be cognizant of the fact that the use of drones, especially if it is for code-enforcement violation inspections over owners’ properties, is bound to stir up some negative reactions from owners and residents. To address and overcome such community concerns, boards of directors should listen to and consider all the members’ viewpoints in the open forum of their regular meetings before developing and enacting written rules, policies and/or resolutions regarding drone use.
Consider restrictions on drones Associations should consider restricting the space within which drones may be flown, such as over their operator’s personal lot or the lots of adjoining neighbors (with their prior permission). They may also wish to limit the use of drones to association common areas that are located away from roads, buildings, playgrounds and other amenities. Communities should also take steps to assign all risks and liabilities involving the use of drones to their operators, and require such operators to indemnify the association, as well as its directors and representatives, against all claims involving the use of the drone.
Such indemnification and use agreements should specify that drones must be operated in accordance with all applicable federal, state and local regulations. Video and photography of others in the community taken from drones without such individuals’ prior written consent should be prohibited, along with the use of drones in such a manner as to cause a nuisance or disturbance to others in the community.
These and other rules and policies can enable associations to develop and implement reasonable restraints over the use of drones in their communities. Association boards of directors should work with their property management and highly experienced legal counsel to develop and implement the most effective drone rules and policies for their community. |