WeaponsHot said:
KSC, you seem very knowledgeable, so I ask you this question. Do HOAs have jurisdiction on airspace around their HOA?
No the airspace is something they cannot control. BUT, if you live within that community they can in a way control it. Like the issue that Larry is having. Now if someone that doesn't live in the community was to drive to a public park near the community and launch the quad from there, the HOA cannot do anything. They have no control over that person. The residents could call the police and at that time the police would need to determine if you were breaking any laws. If you were flying 200 feet above and just taking pictures of the sunset, it probably wouldn't be a big deal. If you were flying 20 feet above someone's pool while they laid out topless, then that would be a big deal. Yes technically that person is nude in public but if they have a fenced in property then they have done all that is required for the assumption of privacy.
Now if you were to do the same thing and launch the quad from the park, fly over the community, land back at the park, and return home. Technically the HOA could send you a love note because you agreed to their laws. Even though you were not on their grounds, you broke one of their bylaws.
Laws/rules are a funny thing. We have the normal laws that everyone in the USA is used to. The laws that many young men die to protect year after year. But those laws are only applicable if you have not agree to other/additional laws that would supersede the USA laws. Two example, one is if you were in an S&M relationship. If an individual was to tie up and whip another in a normal situation, the whipper could be charged with kidnapping and physical abuse. The whipper could be arrested and it would surely go to court. Take the same situation with two people in an S&M relationship where the whips and chains are a normal way of life. The person being whipped cannot press charges against the whipper (well they could but wouldn't go anywhere) because they whippee consented to the acts of S&M. In that example, the "law/rule" has been pushed beyond the laws that most Americans agree upon. But they haven't broken any laws because both have consented. Sort of like it isn't stealing if someone said you could borrow their car.
The second example is walmart and photography. This example is more applicable to the HOA situation. If you go to the public park with a camera, you can take as many pictures as your heart desires. Take that same camera into Walmart and you will be asked to put it away. This is because you are on their property and the rules on their property state that you cannot take photos. In this situation, the laws and rules that Americans are used to have been limited beyond what is normal yet that is totally ok. You agree to the rules when you walk in the building. If you have ever gone anywhere in which you sign a waiver, the reason you sign the waiver is because you are waiving you right to some laws/rules that other would deem normal. The same thing happens in an HOA. When you join the community, you sign on the dotted line that says you are agreeing to whatever laws they make up, no matter how crazy they are. Most HOAs will have HOA meetings and will allow you to vote on the laws and changes. If you want to fly your quad, get people to say its ok. Get enough votes and you can pass the new law saying its ok.
Side note. It is pretty common to not allow work trucks to be parked in your driveway. The truth is, they are ugly. All the ladders and crap hanging off of them.
