HOA Demanding cameras be removed

[Mweston 0]

I've seen this topic discussed before but want to see if anyone has anymore input. I'm in Texas with a dome IP camera above my front door, bullet on my balcony and mini dome on my garage eave.

 

I also have 2 other neighbors with cameras installed and the HOA has asked us all to remove them.

 

They stated 2 reasons:

 

1) changes that were made to the common area without written prior approval from the Board of Directors and 2) the legal implications for the association (all owners) for reasons ranging from a perceived right-to-privacy to the Texas Occupation Code which requires an association that allows security cameras on the common area (exterior) to have them monitored by a licensed security professional.

 

The Association's attorney advised the Board to have the cameras removed immediately from the common area (exterior). Therefore, the Board asked RealManage to send out the letters on their behalf. The developer is more than willing to reimburse you the $450 you spent to have your unit wired differently. They feel very badly that they were unaware of the law(s) surrounding this matter at the time your unit was wired.

 

In all my searching and speaking with an attorney I do not see any "legal implications" to one recording their own property.

 

Has anyone successful fought this or know of any laws in Texas relating to a homeowners right to security?

[Don Stephens 0]

I've been relayed information regarding matters like this a few times by our customers. The complaint from the HOAs is always the same; changes to the "common area."

 

Other than making sure you address the issue with the HOA, I never know what else to recommend other than to show them that those cameras aren't overlooking anything but your own property. Unless you've installed the cameras like a drunken monkey and created an eyesore for the whole neighborhood, the only issue is people thinking you're spying on them. Your best approach for this is at one of the HOA meetings. I also don't think it would hurt to bring your own attorney along if it means that much to you. The presence of an attorney will show them how far you're potentially prepared to take this.

 

Unfortunately, I don't know the outcome. Our own customers never called me back to update me. That usually means that they're pissed, or it was problem solved. Either way, it's up in the air.

[Digiscan 0]

I don't think there is any legal implication (?). You can film your own property, this much is certain. There is also no right to privacy in public, e.g. somebody driving down the road.

 

This is relevance to you, but certainly longer than I am going to read! http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.1702.htm

 

Unfortunately for you I think the legal argument is of less merit, because ultimately the HOA has a ton of say over how things look. Now, law does trump HOA with certain things likes antennas: http://blogs.sun-sentinel.com/condoblog/2014/04/can-an-hoa-prohibit-an-owner-from-installing-a-satellite-dish.html

 

I googled some others and it seems it's fairly common for HOAs to mandate this kind of thing. Best of luck, it sounds like you may need it.