Some Homeowners Associations have allegedly gone to incredible lengths to prove that those who are in their jurisdiction are breaking the HOA code. But homeowners across this nation are claiming that the HOA has taken their “snooping and spying” to a whole new intrusive level by using “selfie sticks” to capture footage of their property to prove that the homeowner is in violation to their community’s rules.
Selfie Sticks Leading to Notices
A story out of San Diego is the latest to claim that a community’s HOA is using selfie sticks to obtain what may be illegal footage of a resident’s property in order to prove that they are violating HOA rules.
One individual in the article stated that they are suddenly being fined for unapproved shades, plants, and wall hangings which would not otherwise be viewable unless a selfie stick (or potentially a raised arm) was erected and used to take images of their property.
The homeowner continued to state other residents have seen board members using selfie sticks to peer into the patios and gardens of residents and that they had “crossed the line”. Others residents stated that it was “very intrusive” and an “invasion of privacy”, and are now seeking legal remedies for such actions.
Is It True the HOA Will Pay My Lawyers’ Fees?
At Rick Dane Moore & Associates Law Firm, P.L.L.C, we handle HOA disputes on a regular basis. One of the most common questions we receive is whether or not the HOA will pay their attorney’s fees if they win.
The answer to this question is not so cut and dry. This is one of the reasons why we strongly encourage all potential homeowners to read their development’s Declaration of Covenants, Conditions, Restrictions and Easements (also known as “CC&Rs”) before they purchase a home where the HOA is present.
Some covenants may include a clause which states that should the prevailing party win in a lawsuit, they will be able to recover attorney’s fees from the other party. In this situation, should you win the case, the HOA must pay your attorney’s fees. Conversely, if you lose, you would then be responsible for paying your fees in addition to the attorney’s fees which have been incurred by the HOA.
The HOA may have deeper pockets than the residents living within their borders, but the law firm of Rick Dane Moore & Associates Law Firm, P.L.L.C encourages every homeowner to seriously consider their options, and to seek legal counsel.
Based in Norman, our law firm serves all of Oklahoma and will gladly meet with you. We invite you to arrange for your consultation today at (405) 366-0373.