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QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

Question:

A resident is claiming the Association does not own the airspace above your Association. He claims as long as the drone does not take off from common property we have no authority over its use. Therefore, he can fly the drone from within his unit's backyard, but not have it take-off or land there. These drones are annoying, can we stop?

Answer:

This is not a question of who owns the airspace above your Association nor whether the activity is conducted from a homeowners lot. The relevant fact is that the drones are "annoying" to other owners and occupants.

Homeowners association's by-laws typically contain a provision which provides that "no noxious or offensive activity shall be carried on in any home or on any lot or in the common area, nor shall anything be done therein, either willfully or negligently, which may become an annoyance or nuisance to the other owners or occupants. Homeowners association's by-laws also typically contain provisions which permit the Board to levy fines against owners in violation of the by-laws and to enjoin, abate or remedy the commencement, continuance or repetition of any such violation or breach by appropriate proceedings brought either at law or in equity. Moreover, the by-laws typically provide that all costs and expenses incurred by the Board in connection with any litigation can be assessed against the violating owner.

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