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Discussion in 'General Discussion' started by LarryLeisure, Apr 6, 2014.
Whatever attorney wrote this, is an idiot...and billing the HOA for nothing.
You did wrong, you think your entitled to do whatever, who's the idiot?
you are...explain, and maybe you'll be less of an idiot (doubt it though). I don't care about "Your opinion". This is a letter from an attorney who is obviously misinformed and out to make money...duh.
I flew it in my area. I had only had it for a few weeks and was learning to fly. NO CAMERA WAS ATTACHED!
you're an idiot for leaving outr that info, and seeing your response, self entitled too. you wanted comments, take it.
So, saying , Discuss and thoughts was a mis leader, you're just looking for a pat on the back, not for a realistic thought. good one.
Wow...go back into your trailer in Kentucky and crack another Olde English. Cre8tive leo or whatever...baha...what a Douche you are!!
you brought nothing of substance to this post. nada..zip. Law says 2 things: "not over 400 feet...not within *3 miles* (I think of airports.
Suck it Junior....
This was from 10 a.m today....turned out decent i thought
Well, the problem is that it wasn't the lawyer who made the complaint, it was a neighbor. The lawyer just typed up the letter and referenced the rules and guidelines, and the grievances of said neighbor . And in the case of an HOA, it doesn't really matter what the law states, since when you moved into your home you signed an agreement to follow the association's rules. So, unfortunately, they do still have a leg to stand on so to speak. There are cases of people being thrown in jail for not keeping their lawn green in an HOA, seriously.
^^see, thats a post that was informative, and appreciated!^^^
HOA's are the worst. I won't involve my attorney, and I won't fly there anymore. I just figured they don't own the airspace, but....
I have more important things to do than to fight with them.
Not a problem. Looks like you're getting some nice shots outside of the neighborhood anyway.
Standard scare-tactic letter, big words and vague legal references. So you don't even live in the neighborhood that has that HOA?
Also, before you tell someone to "suck it," be sure that your facts are straight about the law (they're not).
Thankfully I live in a **** neighborhood and there's no homeowners association.
And RDU is 10+ miles away.
And I'm definitely not upgrading to 3.0 anytime soon.
I live in a gated community that has 3 separate HOA's...the one that sent me the letter isn't the one that I am forced to live under. 2 gay guys made the complaint. I'll post the vid when I'm not tethered in of him and his husband harassing me lol (nothing against gay people, but these two are extreme). Everyone else in and around the community has given me nothing but thumbs up....
and yes, standard scare tactic letter. I love to use my attorney usually to scare back harder for this crap, but not this time
Thank you again
Yes, I am not sure about the law. Im in CA. From what I have read, it's a grey area. I'm not flying within 100 feet of peoples homes trying to spy. But the Phantom 2 is noisy, so either way, you get noticed.
What is the law if I may ask, or if anyone can elaborate?
Currently the FAA has no regulations in place that apply to our Phantoms...at least for now, but that'll change soon enough. A federal judge ruled several weeks ago now that what the gov't has been claiming as "law" really isn't.
It's a complex and evolving situation, this is a great resource to stay informed and current on the subject: http://dronelawjournal.com/
I dont recommend this, but what happens if you go off property to fly the drone, and you end up flying over the property anyway?
It is not the "law" that matters here but the "bylaws" of your HOA. I spent many years as a realtor in Florida, the land of HOAs (I think we have more HOAs in South Floirda than the whole country combined). Items that are completely legal were banned in some communities. I've seen HOAs ban skateboards, rollerblades, electric razor scooters, basketball hoops, and even flying a kite. When you purchase a home in the community, you are given a list of bylaws and documents to sign. While it is very likely that "drone" is not actually worded in the bylaws (since drone is a new concept) it definitely talks about nuisance and privacy.
If 3 different HOAs are in your area and the attorney that wrote you the letter is not from your HOA, it is irrelevant. If you are in HOA 1 and someone from HOA 3 complains about you, the attorney for that HOA is going to get the call since he is on retainer with that HOA. HOA 1 isn't going to spend the money to have their HOA write you a letter when the complaint was from a neighboring HOA. You HOA was sent a copy of the letter and was informed. That is standard practice.
As for scare tactics, there are no scare tactics involved here. The HOA received a complaint, they forwarded it to the attorney, the attorney checked to see if you were breaking the law and also if you were breaking any bylaws. This is most likely because someone asked if they could press charges against you. Instead of writing two letters, he wrote the one that states you technically could be breaking a law if you were flying with a camera attached (remember that he doesn't know what you were flying and only is responding to what he was told) and also that you were breaking community bylaws.
Long story short, you have three options:
1. You can stop flying in the community and fly elsewhere.
2. You can continue to fly in which case you will have gone against the request of the HOA and therefore could be forced to pay a fee for every offense. Should you not collect the fee they will put a lien on your home. Should you ignore that, they could eventually own your home (I don't have the time to explain how that works, just know its true). Also, depending on the bylaws of your HOA, you could in fact be arrested.
3. You can move.
I would go with option 1 but seeing your replies to some of the other posts, I have a slight feeling you may be going with option 2. To each their own but before you get in a pissing match with the HOA, you might want to take a step back and see that you don't have a leg to stand on. You can go to your attorney and he can draft some letters to send back to the HOA but the irony is, he will then be billing you for nothing.
Yes stick that in your pipe and smoke it :lol:
Better check that might be an infraction in his homeowners association...
remember, liens work both ways. it's a very litigious world we live in now. What happened with live and let live. Don't do harm to your neighbour or your neighbour's property and equally they have no need to infringe upon your rights. Equally, if you can't settle on the private side, produce your own fee table and make the HOA aware of what it is. For every time they send you a letter, you send them a bill.
It's not about a pissing contest, it is about understanding that unless you have broken the law then everything else is civil and there is remedy to be had or offered.
have fun, it's all a game.
Thanks for all the informative posts...
I already went thru a pissing match regarding something else with MY HOA (I won), but have no interest into getting into another with ANY HOA ever again...old people with nothing to do on power trips!
I fly elsewhere now.