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Old December 7th 03, 10:25 PM
Don Forsling
 
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"Iowa--Gateway to Those Big Rectangular States"
"MGoBlue" wrote in message ...

"Russ" wrote in message
...
On Sun, 07 Dec 2003 13:53:40 -0500,
wrote:



Ed Price wrote:

"James" wrote in message
...
Same where I live in Raleigh NC, only enforce these hoa rules when

it is
convenient.

Case in point, somebody put in a pool in backyard, not allowed in

hoa
and
county
rules,
homeowner stops paying hoa dues, hoa filed lein, homeowner filed

lawsuit.
His/her rights of due process were violated.
Homeowner collected over $ 350,000 from our hoa, the insurance only
covered
$ 200,000 and we the rest of the hood had to pay up with increase

in
hoa
dues.
Homeowner sells house and moved out. Did the hoa board learn ? no

!
They changed rules so now you need three signed complaints from

separate
neighbors before
the hoa will look into anything.

One guy rides a mobility scooter and he takes photos of anything he

don't
like
to see.

Complain to the HOA about the pervert who keeps taking pictures.

Ed
WB6WSN

That's called invasion of your privacy and harassment. To hell with the
HOA, call the police and file a complaint. Make it a matter for the
court, put this guy where he belongs. Some of those kind of people

don't
learn until the financial ball hits them in there pocket.


Bzzzzt! Thank you for playing. You have no expectation of privacy in
a public place. You cannot forbid photography of the public areas of
your property.

Russ


Yes, you can. None of your private property is public. Expectation of
privacy has nothing to do with the civil claim of Invasion of Privacy. It
is only a 4th Amendment doctrine.

You have every right to forbid photography of your private property, much
like concert venues and museums have that right, whether open to view or
not. To say otherwise would allow photography through open windows, if
viewable from the outside.

Thank YOU for playing.



No, thank you! The BASIC rule of photography is this (and I make a living
at it):

If you are standing (or sitting for that matter) on public property, you can
legally photograph anything you can see from where you are standing. There
are, of course, exceptions for various national security considerations,
etc., but it is absolutely not against the law to stand on a public sidewalk
or in a public street and take a picture of somebody's house, their rose
bushes, their car, their ugly fence, their goofy-looking mailbox, their body
etc., etc. The fourth amendment has absolutely nothing to do with it. And
it's not at all like the case of a museum--a museum is, first of all, not
public property in the sense of the law as it applies to photography (or
just plain "seeing"). First of all, photography (flash) can damage museum
property and annoy the patrons and is often prohibited by _rule_ for that
reason. Also, and one does not have unrestricted access to a museum as one
does to a street. It is not _public_ in the sense that's pertinent here.
And by the way, you _can_ legally take a picture of, say, the side of a
house sporting an open window and capture, perhaps, some of what's inside
the house and visible. And that's the law.


 
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