According to the United States Supreme Court, an individual has a reasonable expectation of privacy when he or she subjectively expects something to remain private and has not knowingly exposed it to the public. An invasion of privacy in this context is largely dependent on the specific circumstances of (1) how and from where the picture was taken (2) what the picture is of and (3) the intended purpose and future use of the picture.Ī reasonable expectation of privacy is required for any claim of invasion of another’s privacy rights. Taking a picture of a homeowner association violation may fall under either (1) intrusion upon seclusion or (2) public disclosure of private facts branches of the tort of invasion of Privacy. Despite the commonality of a violation picture, violating members often raise privacy right concerns as a defense, purporting invasion of privacy in an effort to preclude covenant enforcement. Most members of a community governed by a homeowner’s association think nothing of taking a quick picture, and board members often welcome receipt of the same to aid in maintaining compliance throughout the neighborhood. After all, it’s only human nature to snap a quick picture of a community violation to document the occurrence. If you are a part of a homeowner’s association, whether as a general member, or part of the board, you’ve most likely come into contact with photos of community violations. Cappock MaPosted in Community Association Law Share Are Homeowner’s Association Violation Pictures a Privacy Right Concern?īy Jessica A.

Hoa covenants privacy