HOA taking pictures over block wall
Hi Dennis,
I just found your website today. I’m going to try & give you the short version here. Back in March 2024 we received a violation notice for Waste from pool project that was discarded over the fence. I was surprised since we had no work done.
The notice came with 3 pictures. The 1st was of the back of the home from the common/SRP canal area behind our home. This also showed what looked like a small amount of dried paint or concrete and the 2nd was a close up of the material. The 1st problem was that it was not our home, but that of our next door neighbors. Then we saw the 3rd picture, which was someone reaching over our neighbors back block wall to take a picture of the back yard that was NOT visible from public space. This picture showed a good portion of the pool & patio area. My wife & I immediately felt violated even though it wasn’t our back yard.
We notified our neighbors of what had happened & the Mgt Company without revealing to them who’s home it was.
Now, my issue immediately became the fact that they violated a homeowner’s reasonable expectation of privacy. We have had 2 HOA meetings since with no satisfactory resolution. The board members basically don’t want to discuss it and finally referred it to the HOA attorney in the last meeting with the President stating whatever they say is what we’ll do. That did not give me the warm fuzzy’s.
I have since spoken with the City Of Chandler Neighborhood Services(Code Enforcement) asking for some guidance. I was told that Code Enforcement is not permitted to look/reach over, stand on a ladder, etc. to see into homeowner’s yard for a code violation. The reasoning given for that was that they should have a reasonable expectation of privacy. So, why would my HOA board allowed to this? We now have our next meeting Aug. 20.
So, my question is should I continue to pursue this complaint or am I wasting my time?
I figured you may have come across a very similar matter involving HOA’s. Just looking for an opinion.
Thank You
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Steve.
Have you contested the violation notice to the board and if you have than what have they done? Clearly a mistake was made but the real issue is who took the picture. The association is required to inform you of the source of the violation notice. Date and time and who specifically claimed the violation. This is in statute today and not optional. The process of taking a picture of your back yard or anyone else’s is a significant issue. Do not stop bringing this up to the board in open sessions until you and the rest of the community gets a satisfactory answer. I will say that some association CC&R’s allow a board to view backyards to ensure compliance. This provision in the CC&R’s is actually invalid as it violates public policy but would have to be challenged in court. Your board owes your community an answer as to how they expect to protect your privacy.
Dennis