Can I Fly My Drone In My Neighborhood?
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- Опубликовано: 12 июн 2024
- In this video, we tackle the question of whether you can fly a drone over your neighborhood. We go through compliance details, rules for flying over people, privacy laws, and even talk about situations that involve Home Owners Associations. If you have any “Can I fly my drone…” questions, leave them in the comments below!
🎬 Jump to Section
0:00 Introduction
0:41 Compliance
1:06 What Airspace is Your Neighborhood In
1:44 Flying Over People
2:20 What Privacy Laws Exist in Your State
2:53 Rules with Home Owner’s Associations
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I’m sorry but I disagree with your statements regarding an HOA. How can an HOA control airspace over its’ neighborhood? The HOA does not own the airspace above the neighborhood thus they have no control over it. They also do not own your property so they can’t tell you that you cannot takeoff or land from your own property. They can prohibit you from taking off from and landing on common property owned by the HOA but I believe that’s the extent of their control.
Same way city/county/states regulate UAVs: they regulate the operator, not the aircraft.
I.e. not permitted to operate an aircraft within their jurisdiction such that it overflies a specific area.
As to whether or not they have authority - it all depends on the HOA and their CCRs. Generally, anything owner/guest conduct within the boundary of the HOA is fair game for regulation.
Consider this: how many HOAs have rules for noise, Christmas lights, or Halloween decorations? Those are all examples of owner conduct on their property that is being regulated by the HOA.
@@tomweirx The FAA overrides all state and local regulations when it comes to airspace. The FAA requires that all property owners provide an easement that allows aircraft to fly over private property. UAVs are aircraft as defined by the FAA. The only restrictions that state and local governments (including HOA's) can impose is where UAVs can take-off and land from. If you hand launch and hand capture the UAV you're golden, though that has yet to be challenged in court.
I'm assuming you've never signed an HOA agreement before. When you sign an HOA agreement, there are some crazy things in the small print that they can enforce with fines; everything from the length of your grass, to the color of your front door to how long you can leave your garbage cans out for. Yes, they don't own the property however, you sign an agreement that says that by living there, you will obey and agree to their rules. Are the rules unfair? Yes, no doubt. Can you challenge the rules that you've agreed to in court? Yes, you can. But in the meantime, you're getting fined for not adhering to their rules. I believe that's what he's talking about. It's not a matter of what is lawful considering the law is only what you can afford to appeal.
@@mr_agave I live under an HOA so I know all about what they can and cannot do. The problem with them is they OFTEN make rules that are not legal or enforceable in a court of law. Most HOAs are made up of unpaid busy bodies within the private community that have no experience and have nothing better to do with their first time in power. Yes, they could make a rule about landing and takeoff from your property, but that only applies to the people that live there and pay their HOA dues to them. That HOA has NO LEGAL POWER over the guy across the street who owns his own property and flies over their "HOA airspace". They can't fine you since you are not part of their private community.
The HOA doesn't regulate airspace but they do regulate people who agreed to follow the rules of the HOA. If the HOA had a rule that said you can't wear pink shirts then you would be obligated to follow that rule if you agreed to live there.
I've been flying for several years now. I've never been confronted about my drone operations, not even once. I have only once ever been approached by a curious onlooker, and he was friendly. I've probably been lucky in this regard, as I'm sure there are many people who are not civil about such things, or who would assume the worst about me. One hears stories of such interactions. It helps if one has an ethos to fly in a professional, safe, courteous and transparent manner and to never-ever be a creep. Reactionary local rules/bans (attempted or successful) on drone operations seem to frequently stem from 1-2 drone owners in the area who have been reckless or creepy. Either way, I also carry a fact sheet highlighting current UAV and airspace laws that I'd be happy to share with anyone who might ever try to confront me about flying in certain area. All that said, I'm not a fan of HOA's telling people what they can and cannot do with/on their own property.
I'll sum it up:
yes.
Yep! Just have to be aware of the rules!
The most an HOA can do is prohibit take-off and landing on HOA jurisdiction ON THE GROUND. They cannot regulate the use of the airspace above the HOA.
Residents of the HOA signed an agreement to follow the rules.
The HOA doesn't regulate airspace but it regulates the people who agreed to that arrangement..
ONLY on HOA jurisdiction property. I'd like to see them try to stop an HOA member from flying a drone over the HOA that was launched from outside the properties. @@jerseyshoredroneservices225
@@jerseyshoredroneservices225 They might try to fine you and whether they can or can not depends on the nature of the HOA agreement. They can not involve LE or the FAA in this. It's a civil matter. Moral of the story, read your HOA agreement very carefully before you sign, otherwise you get what you get. This is true whether it's about drones, having a backyard BBQ or what color you can paint your house. My HOA can only fine you for failure to pay your dues and can only put a lien on your house for that situation.
@@jerseyshoredroneservices225 So if it regulates people, they could say don't purchase at Hobby Lobby, even though Hobby Lobby isn't in the HOA, and could fine you if you did? I think if an HOA attempted that, I would fly from outside the HOA and repeatedly fly over the HOA president's house. Especially if they were outside. I would also invite my friends with drones to do the same thing. I would take video of everything but the president's house so there would be proof of no voyeurism. The point would be made.
@@RebelByNature
I don't like it either and I would be happy to fly with you over the HOA.
However I think that if it were part of the agreement not to shop at Hobby Lobby, and if you agree then you are bound to those terms.
The HOA could be invested in Hobby Lobby's competitor. In this scenario it would be similar to a non-compete agreement which people are often forced to agree with.
I think the point is that HOA's are terrible and people should be very careful about signing that contract.
Fantastic Information and Video, Thank You.
Happy Flying!
Glad it was helpful! Blue skies and safe flying!
@@uavcoach Thanks!
Thinking too much here. Fly your small drone or park flyer in your neighborhood and live. Stop living in fear by people with nothing better to do with their lives.
Great, informative video! Thanks!
Glad you found it helpful!
Great info. I remembered my neighbor rush to me in pickup truck with a rifle when they reach me in less than 200ft after my drone hovering over their property. Phew~
If they shot your drone down it'd a federal crime. it's considered and treated as if it were manned, atleast according to FAA.
I fly in my neighborhood. Most of the time I am in transit when flying over houses, however sometimes I do hover in a position for a photo or video, almost always toward the horizon or some other subject in the distance. I could be hovering over a house because it is neighborhood flying and because it is restricted airspace I am kept to a max of 200 ft altitude. I just do it and not worry about it. There is no way to avoid flying over houses and property when flying in a neighborhood.
Now, I have no interest in spying on anyone, and a drone is a terrible piece of equipment to use for that purpose anyway. It does bring to mind one day I was in my drive way (not drone flying) when I heard the tell-tale buzzing of a drone. I looked up and there was one hovering over my property at 30--40 ft in the air. I don't know if he had his camera pointed down or not, but I just flashed a peace sign and went on about my day. The eventually got bored and flew away. LOL
Excellent video!
Thank you very much!
Good explanation, well, I was watching your video and I was thinking on the one you made for the REMOTE ID MINI, can you make one video explaining step by step how the works, in a way that you can see what you do when you making the setting or the moves on the REMOTE ID MINI,I have one REMOTE ID MINI, but I’m confused with all setting, thank you!
When it comes to flying by or around people, i generally follow the rule of traffic.
Pedestrian have right of way but if a car/truck/big rig can drive within 10 feet of them, i can harmlessly fly by the same way.
😂😂😂
Great video as always highly informative. At a public beach, the State of California runs beaches over water, with no reasonable expectation of privacy in a public place. The rules painted and spoken rules by the grounds team say "no drones." In FRIA, ( I did not check I just observed the sign) not in controlled airspace - probably G. Is this like the homeowner's scenario? Thoughts?
They can legally ban you from taking off or landing in specific areas, but they do not have the authority to ban you from flying over the beach. Only the FAA can do that. So you can potentially take off from an area adjacent to the beach and fly over it all you want legally a long as you do not violate any FAA rules and technically there is nothing they can legally do about it. Of course, the police an always find some reason to arrest and harass you if they want to so just use common sense and try not to disturb anyone.
Could you please tell me where you got that lanyard for the DJI Mic you are using? Thank you. -Tom
It's actually just a basic neck chain that I glued a couple of washers onto so that the magnet on the mic would attach to it without moving.
May I be so bold as to offer one minor correction? If flying under 15 CFR Part 44809 (Recreational exception), in addition to taking the TRUST Test and following those rules explicitly stated on the FAA website, you are also required to follow the guidelines of an FAA recognized Community Based Organization (CBO). There are, last I looked, 4 CBO's listed on the FAA website. You don't have to join any of these outfits, just read what their guidelines are and follow one of them at any given time. You can choose which one on a per flight basis if you want, but you need to be able to tell any LEO or other authority which one you are adhering to. One, and only one, of the CBO's (The AMA) prohibits flying over an occupied dwelling. So, if you're flying recreationally around your neighborhood you need to fly under the guidelines of a different CBO.
Of course, how many people that you are likely to run into, including LEO's, will know any of this? You are far more likely to run into some ignorant neighbor who will swear that it's illegal to fly a drone over private property. It's not!
Great point - thanks for the detail!
You do not have to inform any LEO of which CBO you are following. Only the FAA can enforce those rules. They are not laws, they are FAA regulations. If the FAA takes you to court, then you will have to reveal the CBO potentially. The police do not have the authority to enforce FAA regulations. They can gather evidence and turn it over to the FAA however. But you do not have to talk to them about it. You can choose to remain silent.
What the F is a LEO
I fly over my neighborhood but my state has strict privacy laws. To avoid any potential law enforcement situations, I use only my non-screened controller with no phone attached and remove the micro SD card so there is no way to see or record anything from the drone. I figure that neighbors privacy can't be violated if I'm flying blind.
Can you fly over a golf course that's across the street from your home but not part of your neighborhood?
You didn't mention the weight restriction of 249 grams or below for not having remote ID.. You video is very misleading and may lull people into thinking they are within the law when they are not. Not a bash, just trying to keep those that want to be within the law aware. Any flight of ANY UAS (Unmanned Aircraft System) with a ready to fly weight of over 250 grams must be equipped with remote I.D. or be flown at an FAA recognized FRIA (FAA Recognized Identification Area).
So if the FAA is the only entity that can enforce laws and rules pertaining to flying drones then what is the point of State laws and regulations..?
If you are going to fly in your neighborhood, don't fly too low for them to see it or hear it. Fly at 100-150 feet above. No one will notice your drone above.
So can I fly in my neghbirhood beyond my property?? I just can’t hover over people’s backyards??
HOA owns their land not FAA airspace. You just shouldn't hover over private property. In some states this is illegal.
Good video but I recommend losing the background music in the future. It’s hard to follow along to a how-to or instructional video with distracting background music.
Thanks for the feedback!
Trust test? There are soo many rules and laws. I feel that I'm being pressured into getting a 107 license. Also, your video is all about the things you can't do with a drone. How about a video on places you can fly your drone? Like fields. Like pastures. Like over rivers etc.
The TRUST test was launched by the FAA in 2021. If you are just looking to fly for fun/as a hobby, you do need to take the TRUST test, but it's free and you cannot fail. This video was specifically geared toward if you can fly over a neighborhood. We could cover the topics you suggested in a future video! For more info on the TRUST test, you can check it out here: uavcoach.com/faa-recreational-drone-training/
Good point about a homeowner's association.
Appreciate it!
OK first of all, you only need LAANC authorization if you are at a high altitude MSL that your 400 feet AGL would put you in restricted airspace, the exception to that role is class B airspace where they require you to get authorization if you are within the bounds of the airspace. HOAs regulate the takeoff of your drone within the neighborhoods, but they cannot prevent you from flying from outside of the community into the community. Also, one of the other things that you said was you’re not allowed to fly over people unless under certain conditions. While you are right, the one thing that you did not clarify is that you are allowed to fly over people while in transit. Sustained flight is what is restricted.
How can you always stay clear of backyards if you are paid to photograph a property? Most times it’s unavoidable not to include neighbors home in some form. The best you can do is not hover.
I think many respondents misunderstand what an HOA restriction on drone flying is about. It is not about airspace regulation, or even land use (although it could be). It is about regulating the behavior of a member of the HOA within HOA property boundaries. Flying a drone is a human behavior, as is painting a house purple, planting an invasive shrub, or wearing a pink shirt. If the HOA agreement prohibits certain behaviors by members within the confines of the HOA, such as flying a drone, then the member cannot fly a drone within the HOA boundaries without violating the terms of the HOA agreement.
If I’m fighting a misdemeanor marijuana case, but I haven’t been convicted does that disclose me from taking my part 107
But it says if you have 107 you can fly over people and moving vehicles has that rule change ?
You can under certain conditions, it's not a blanket permission.
There are many HOA rules that are "unenforceable" and unlawful, the same as many municipalities have tried to do in the past. The HOA could pass rules restricting taking off and landing on HOA owned property, but these rules have been abandoned many times once push came to shove. In Illinois, I've challenged and defeated every HOA that tried to restrict me from completing Part 107 commercial operations regarding real estate photos and videos. The airspace above any HOA neighborhood is completely the purview of the FAA. My town in IL where I'm incorporated passed an ordinance 7 years ago forbidding any drone flights anywhere in the Village. After I brought several FAA and DHS documents to the village board meeting explaining that this is an unlawful ordinance, and told them that they MUST instruct their 85 member police force to immediately stop threatening to arrest drone hobbyists and commercial drone operators. That took almost a year before they stopped and It took myself taking off in front of the police headquarters from a public easement, and flying my drone overhead their facility for hours until my supply of batteries wore out, for them to have enough discussions amongst themselves that the police now avoid drone operators as to not create another backlash.
2:21 No idea there could be a state law on drones. Thanks!
No problem!
Iam letting My drone climb to a altitude of 115 meters stealth style. That way i wont bother anyone, and make great aerial shots.
I had a six year old kid tell his parents that my drone could be watching them! Dad got upset, mom was more reasonable! Personally I think it was more race related than an actual drone issue!
So.....I guess I won't be flying my Drone.
Can I fly a drone in my backyard? I use to see a couple of drones in my neighborhood but not anymore.
If you are a recreational pilot and you qualify for the exception, do you still have to follow Part 107.39?
It's not so much that you're a Recreational Pilot, but that you're flying a Recreational Flight under the Exception (USC 44809). USC 44809 requires that "The aircraft is operated in accordance with or within the programming of a community-based organization's (CBO) set of safety guidelines that are developed in coordination with the Federal Aviation." The Academy of Model Aeronautics is one example of a CBO that has a set of safety guidelines. On Page 4 of those guidelines (www.modelaircraft.org/sites/default/files/documents/100.pdf), there is a statement "I will avoid flying directly over unprotected people, moving vehicles, and occupied structures."
So, you aren't complying with Part 107.39, but you need to meet the requirements of the CBO Guidelines. The FAA also has an Advisory Circular (AC) titled Exception for Limited Recreational Operations of Unmanned Aircraft (AC 91-57C) that provides information to help you understand and comply with the requirements of USC 44809. The AC is here: www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-57C_FAA_Revised.pdf. Section 3.3.2.1 General Safety Measures and Practices is where this item is called out. Bottom line is that you have to ensure your flight meets the intent of 107.39 (don't fly over people), but you're not actually complying with that Part.
If the airspace tells me that it is open to fly I don't give a fuck about anyone and I'll just fly my drone at whatever FAA rules established
I have a friend from the city ordinance that uses drones to look for suspecting residential backyard construction that has no permit from the city..a lot of violations are done at backyards like above ground pool install, shed, parked old non working vehicles on backyard lawns,etc that has no permit.
That's likely unconstitutional. Law enforcement is banned for searches with a drone without a permit. A backyard is a place where you'd expect reasonable privacy. You might wanna tell your friend and that city they are tip toeing into a massive lawsuit.
I feel sorry for everyone in the Drone industry. Eventually this will kill the industry. Think about this for a second. Any one of us right now could go out and buy a ultralight airplane get in it and fly it just about anywhere we want to without any license or training.
Well, I live in the Philippines, so even though some of these rules probably exist here, they are not enforced. I have never had and problems with the authorities. I've also flown in Thailand and Cambodia with no problems. Best thing to do is find a place to take off and land where no police will see you. I've never taken my drone to America, so I know nothing about what would happen there. Best not to fly by an anti drone neighbor.
How could you possibly fly over a neighborhood and not fly over people. Yes, most may be in their houses, but at most any time some will or may be outside. Children playing for example.
Hopefully, things aren't too tense between you and your neighbors.🤣🤣🤣
The best time 2 fly drone in neighborhood is early in the morning. If the drone falls, it less likely to hit some1
You give out conflicting information. You mention local laws regarding privacy when flying over property, then go on to mention the FAA is the only entity that can control airspace. A local law cannot supersede a federal law. It is my understanding a local municipality can only control where you take off and land from and the airspace above tree lines is controlled exclusively by the FAA.
I think it is time people stop saying "smart phone". 🤭🤭
They do not make the AIR
No
This in AUSTRALIA is not valid, YOU CAN NOT FLY OVER ANYONES HOUSE BUT YOUR OWN. no flying over your neighbours house !!!
Appears one You tuber was fined $200.000 for flying around his neighborhood , near buildings over people , near an airport etc since 2019 to present .
But we know the FAA is looking to make examples of various RC Aviators even when their claims are far more than truthful .
SO be very careful where you fly and how you fly and especially posting it to the Net. You could be used as another example of the FAA's Commercial Lobbyists leaders.
He was warned multiple times and given the opportunity to get his 107 cert. But he essentially said FU to the FAA. That's why he's in court now.
@@PhillyGuy60 does not matter it is still about commercial companies buying the space and using the FAA/Congress to push all others out and into a club field somewhere and stealing the rights and freedoms of all US Citizens declared even in the US code, Constitution, Bill of Rights and most laws of the land .
The FAA has limited authority and it is just in "navigable airspace" and that has been their mandate since Congress described it and that has not changed as of yet to this day that even the courts have shown to be a fact.
But we do not have enough people willing to stand up and end the steal and the unlawful and Unconstitutional rules/regs they have imposed on the RC Aviation community.
We live in an extremely quiet area where the loudest anything you hear are the birds and the wind. You would immediately be making lots of enemies if you flew in this area - no one wants to hear that awful and weird sounding drone buzzing/whining around. We could care less whether you "can." If you want to get along with the neighbors you "won't."
You won't hear a drone 300ft in the air.
@oreos922 Irrelevant and probably inaccurate comment. Who cares about that one figure? Will I hear it at 299? 298? 297? 296? As they go up and down? And so on. Too many drone operators only care about their own "fun" as they look down on their neighbors who don't want to be looked down or "spied" upon. Again, if you want to be known in the whole neighborhood as "that scum who bothers us every day/week with his drone," and "If he needs help with anything at all he can go screw himself," well then okay, probably your choice as bad as that choice is. But if you'd rather be a decent, moral person who is well liked and that people are willing to be friends with or help on occasion, well then I'd say that's a lot better for everyone including you.
Can I Fly My Smartphone In My Neighborhood?
So your best bet is don’t buy a drone
HOA owns its airspace? Lmao, doubtful.
The 1st amendment protects my right to film any thing I want that is in the public, no state law can trump this.
They don't own it, he never said that. However, they have rules and by living there, you sign an agreement to obey those rules, not laws.
@@mr_agave I think the video is a bit misleading. The HOA can make their own rules, but they only apply to those who live within the HOA property. They do not apply to the rest of the people who live across the street or next door to that private community.
Like the rest of the Constitution, the first amendment protects you from the government, not from the HOA.
Residents of the HOA signed an agreement to follow the rules.
The HOA doesn't regulate airspace but it regulates the people who agreed to that arrangement..
Best advice I can offer is to fly above ALL manmade and natural objects within a neighborhood, as no reasonable argument could be made that this airspace above all ground objects is owned or controlled by an HOA, homeowner, municipality, etc.
@@jerseyshoredroneservices225If you believe that HOA trumps the constitution, then I really feel bad for you. Also, yes it protects us from the gov, but also each other.
HOA's suck. Period.
Absolutely. Worth every penny to avoid.
Well, they DO prevent a rat-infested, hoarder yard from being next to me, so there’s that. 😎
Hoa 😂 is like private cult.
In short.
HOA bad. Dumb. Very dumb and bad.
Abolish your local HOA.
HOA Required by state law here in Texas unfortunately…
Interesting video. One suggestion is to eliminate the constant gesturing with your hands, very distracting.
Just don't, people want their privacy and don't care for spying cameras over their gardens.
Don't care if you are allowed to or not it is just bad manners.
The TRUST test is not required for recreational pilots. It is suggested, but entirely optional. Between that and the other incorrect advice that you've given (see the HOA related comments) I just can't see you as a trustworthy authority on anything regarding UAV operations in the U.S.A>
Actually it is required, that's the whole point of making it fail proof. It's not for professionals by a long shot. Size does not matter, including drones.😂
To fly legally you either have a part 107 or trust certificate.
There is no option.
The TRUST test is required for recreational pilots. It's free and you cannot fail it.
What is TRUST?
The law requires that all recreational flyers pass an aeronautical knowledge and safety test and provide proof of passage if asked by law enforcement or FAA personnel. The Recreational UAS Safety Test (TRUST) was developed to meet this requirement.
@@txkflier And you must have it physically ON YOUR PERSON while operating your drone; not in the car, not at home, not in the drone case/backpack...as I understand it.