Frederick, MD asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Maryland

Q: Can an HOA install cameras without the consent of all homeowners and tenants (privacy concern).

If they are installed in places places that peer into places on homeowner properties that are covered by reasonable expectation of privacy (e.g. patios, porches, windows, etc.)

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: I doubt your HOA documents provide that unanimous consent of all homeowners is required before they can take any actions. However, that does not mean they can necessarily act with impunity or infringe on privacy rights. Your HOA is made up of you and your fellow owners. You elect the Board who makes these decisions. They are your neighbors. Reach out to them and ask about the placement of cameras, who is running them, and what the protocols are that govern where they are pointed and what they can see and record. I am sure nobody on the Board is interested in violating privacy rights of their members. If you do not receive adequate reassurance from them about your concerns, and if you can document actual visual surveillance into your property where you have a reasonable expectation of privacy, such as peering into your home, then take that evidence to a lawyer. You can also pay attention to when elections are being held for membership on the Board and run to be a member, or to vote out current members. Democracy in action.

Rolanzo Richard White agrees with this answer

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