'The Neighborhood Cameras Film Us In Our Yard'

Dear Newsweek, My family and I live in an interesting gated neighborhood. There are several private streets along one parkway and each street has a gate. Essentially, each street is its own gated neighborhood, but also part of one larger community.

Recently our street has put up a pillar of about eight small security cameras at the entrance of our street, where the intercom box is. The issue is that we live along the brick wall that shares the parkway and entrance to our street, so the cameras are overlooking the brick wall into our backyard.

We have a small child who was using a kiddie pool, but since I realized the camera points into our yard, we've stopped going out back. It's not fair that our child has limited access to her own backyard.

Aside from paying to have new trees planted on our property (they cut down the trees along the brick wall so any growth that could have provided privacy is now gone), do you have any advice as to how to approach the homeowners association (HOA) regarding this? The pillar is tall enough that planting a tree won't do much.

As far as I've seen, we're the only street in the community that has a security camera system. I'd appreciate any help.

Alejandra, Location Unknown

'The HOA Can Be Sued'

Troy Doucet is the CEO of Doucet Co. LPA, a law firm based in Dublin, Ohio.

A homeowners association will be governed by the laws of the state in which it is located, and there may be some limitations in state or local law that could prohibit its conduct. Generally, HOAs are in a contractual relationship with the homeowners whose homes are part of it. The governing contract is called the Declaration and usually filed with a governmental entity, such as the County Recorder's Office. It may include the initial Bylaws or Covenants, Conditions, and Restrictions.

These documents would be the first place to look for any restrictions on the HOA from interfering with homeowners' rights. A board of directors may also pass resolutions, but these cannot override certain aspects of the declaration and bylaws. These limitations apply to both the placement of cameras and also the removal of greenery in the common area spaces.

If an HOA places cameras in such a way as to survey one or more homes, there might be additional claims beyond one in contract. In particular, this kind of conduct might give rise to a claim for invasion of privacy, trespass, or possibly nuisance. There could be state laws governing the recording of private yards. If young children are being filmed, there could also be some type of law or local ordinance restricting the filming of kids without permission. If audio is being recorded, it could violate federal wiretap laws.

These kinds of claims are torts that can enable the victim to recover damages beyond the contract measure damages available under contract law. Generally speaking, the HOA can be sued, and possibly also the members of the board of directors for breach of fiduciary duty. As with all legal issues, it's best to talk to a local attorney for direction and assistance to determine whether any claims are available in a particular situation.

A Reasonable Expectation of Privacy in Your Own Backyard,

Peter Smith IV is a co-founder of Smith and Malek attorneys, a business law firm with offices in Idaho and Washington.

Maintaining a neighborhood's security and privacy should not come at the cost of limiting access and enjoyment of one's own property, especially for a child who deserves a safe and comfortable space to play.

Security cameras that can see into a backyard can be a violation of privacy, depending on the specific circumstances and local laws. In most places, individuals have a reasonable expectation of privacy in their own backyard, which is considered part of their property. Security cameras that record or observe activities in your backyard very likely infringe upon your right to privacy—this is especially true when the camera captures recordings of children.

Before approaching the Homeowners Association (HOA), it is beneficial to gather some information and take a few preliminary steps to address the issue constructively:

1. Talk to Neighbors: Reach out to other residents on your street to see if anyone else shares your concerns. A collective voice will carry more weight when discussing the matter with the HOA.

2. Review HOA Guidelines: Familiarize yourself with the community's rules and regulations regarding security measures, cameras, and the installation of structures within the neighborhood. This will give you a better understanding of what grounds you have to address the issue.

3. Gather Evidence: Take photos or videos demonstrating how the security cameras are intruding on your backyard privacy. Having visual evidence will be helpful in conveying the impact on your family's daily life.

After you have taken these steps, I recommend that you write a formal letter addressed to the HOA, expressing your concerns and outlining the specific issues related to the camera placement. Be respectful but assertive in your communication, and propose alternative locations for the cameras that would still provide security for the entrance but not encroach on your property's privacy.

Additionally, you can ask to meet with the HOA board to discuss the matter, because face-to-face communication can help ensure that your concerns are fully understood and considered. If the initial discussion with the HOA doesn't yield the desired results, then speak to an attorney.

The ultimate goal is to find a solution that addresses both the security needs of the neighborhood and the privacy concerns of your family. Open dialogue and a willingness to work together with the HOA can lead to a positive resolution.