Have you seen a drone flying over your neighborhood?  If not, you may soon.  Review of recent news reports and HOA listserves reflects that drones are invading neighborhoods and community associations across the country. 

For example, one homeowner reported that he was at a neighbor’s house when his friend showed a video tour of their neighborhood made from a drone flown less than 50 feet above each neighbor’s house and yard.   In another online post, an HOA president boasted he was using his drone to search the neighborhood for CC&R violations and sending homeowners fine notices enclosed with photos snapped from the drone.

In both cases, the drones were clearly flying into air space above private residences and were being used for purposes other than “recreational use.” 

Instances such as those described above are fueling the privacy debate involving personal use of drones (which is an entirely separate debate from the role of governmental use of drones and UAVs).  Is your association ready to face this issue?   

Last year, Oregon enacted a law that allows property owners to sue a drone operator if (1) a drone has flown less than 400 feet above the owner’s property at least once, (2) the property owner has told the drone operator that he/she does not consent to the drone flying over his/her property, and (3) the operator then flies the drone less than 400 feet above the property again. If these three conditions are met, the property owner can seek injunctive relief, “treble damages for any injury to the person or the property,” and attorney fees if the amount of damages is under $10,000.  ORS 837.380.

During the 2014 Washington legislative session, a bill was introduced banning hobbyist drones; however, the bill died in the senate.  Currently, there is no Washington law on the books similar to Oregon’s drone law.

It is doubtful that drones are going away, to the contrary, their use is proliferating.  Get ahead of the wave by reviewing FAA, local and federal guidelines to see what action a community association can take to respond to this concern. The attorneys at Barker Martin remain available to answer your specific questions or draft a rule tailored to your community.