Legal Question in Real Estate Law in California

HOA liability
In a small condo development, one of townhouse owners has camera looking at neighbor. Neighbor claims invasion of privacy and sued assn. for failure to enforce ccr's.
Cameras, according to pictures supplied by owner, catch only corder of adjoining deck which is readily viewable from other deck or marina below. Camera owner also has plaintiff on tape cutting wires to cameras.
Plaintiff doesn't own home but has power of attorney from owner, his ex wife.

Asked on 6/23/08, 4:06 pm

4 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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Re: HOA liability

If your question is whether the camera is legal, it most likely is legal because it can only capture areas that are readily viewable without trespassing onto the Plaintiff's property, or invading areas where the Plaintiff has a "reasonable expectation of privacy." If the Plaintiff can prove that he has done otherwise, he might have a case.

The Plaintiff, however, if on camera cutting wires to it has probably exposed himself to potential liability for trespass and other causes of action. I personally dislike the status of the law in thie area because we are personally affected by it with a crazy neighbor who videotapes and takes pictures of everyone coming and going in the neighborhood. Because he is never trespassing to get the pictures, and he is not invading areas where you might have a reasonable expection of privacy, there is really nothing we can do. The only way to attack this guy is if the neighbor is doing something else that is illegal (stalking, etc. . .) OR if the camera violates your CC&Rs, then you can file a complaint with the HOA.

I'd look into the CC&Rs and your HOA as a potential attack on the camera neighbor - its very likely that the installation of the camera was not approved by the HOA, so unless its inside his home, he has altered his unit without HOA permission, and could be fined and ordered to remove the camera.

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Answered on 6/23/08, 5:00 pm

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Robert Mccoy Law Office Of Robert McCoy

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Re: HOA liability

If the CC&R's prohibit outside cameras without approval, then the camera owner may be liable to the HOA and to all neighbors who object to his camera installation. Note that the liability could be quite serious and could include a right to an injunction, money damages, and even foreclosure. I have never seen such a clause in CC&R's. More likely, there is more ambiguous language which may be interpreted to include outside cameras. Sounds like the camera owner may have gotten himself into quite a legal battle. The sooner he gets this resolved, the less it will cost him in legal fees.

I doubt that the HOA would have any liability in this case, unless the camera owner is a board member. More likely, the HOA was named to force it to go after the camera owner.

The plaintiff who cut the wires may owe the camera owner a few dollars for the cost of replacing the wires.

Answered on 6/23/08, 7:20 pm

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