HOA banning drones

[Earthman]

Since the FAA has jurisdiction over airspace, then taking off and landing from your own property shouldn’t be an issue.

CenlaUSA is right. In the USA, the FAA is the only authority that can legally regulate the airspace from the ground up. You can find and show the HOA’s board the laws that support this, which may be enough to terminate any further board action.

However, if the board or opposition do any research online, they will find that other entities ( municipalities, cities, governmental agencies, etc.) may (or may not) be able to legally restrict or prohibit taking off and landing within the boundaries of the entity. I think the legality of this approach for public lands hasn’t been effectively challenged since the parties that use it have deeper pockets and interest than individuals that may challenges them so they win by default - which is not a legal basis.

In any case, I think the following are the ways your situation will play out:

1. Find another place to fly for the next few years (see note below).

2. You do nothing and abide by the rules passed by the HOA board.

3. You challenge the board’s authority to regulate the airspace right now and you prevail because of the opposition’s lack of interest. This is probably the best case scenario.

4. Let them pass the new rule, takeoff and land from your property, but fly wherever you like (within the FAA’s rules) since the HOA has no authority to regulate the airspace. Hire an attorney and fight them using current laws. This will cost you and if you crash on someone else’s property, you may not get your drone back.

Note: Recreational use of the airspace in the USA will end as we know it or all together within a few years if the FAA’s proposed remote ID rule passes as currently written. So your problem with the HOA is small potatoes in comparison. See the following discussion:

Where to comment on the FAA’s proposed rule for Remote ID.

Here’s a link to the proposed rule for Remote ID on the Federal Register’s webpage: Remote Identification of Unmanned Aircraft Systems This action would require the remote identification of unmanned aircraft systems. The remote identification of unmanned aircraft systems in the airspace of the...

sparkpilots.com

 

[melvonnar]

Do you have a Model Airplane Club near you? If so, join the club and AMA.

not me, join AMA, not sure, about $80.00, join club another $100.00, to fly my toy, only on their field, if they allow you (sometimes they don't like drones) I don't think so.

 

[DavidBlezard]

Education is the best approach. I’d hold a drone demonstration and invite ALL of the neighbors. Do it via postal letter and provide plenty of lead time. If up have. Beginner mode, invite an attendee to take the controls and let them fly it. Take video of the entire flight. Then show them all teh video and teh sight perspective. Plan the flight path so it tells the safe story. Ask them what is their perspective if drones should be allowed or not.

Then when the board wants to create the rule, show up at the board meeting with number of people invited and number attended. If small number then they really don’t care.

 

[Earthman]

not me, join AMA, not sure, about $80.00, join club another $100.00, to fly my toy, only on their field, if they allow you (sometimes they don't like drones) I don't think so.

One benefit of joining the AMA is the regular annual membership fee of $75 includes $2.5M in liability insurance for bigger, faster aircraft. The annual membership fee for Park Flyer membership is $38 for aircraft less than 2-lbs and less than 60-mph, for which you get $500k of insurance. In either case, it’s not a bad deal if all you care about is the insurance.

Link to join the AMA:

Membership Enrollment Center | Academy of Model Aeronautics

www.modelaircraft.org

Link to AMA Membership Manual:

https://www.modelaircraft.org/sites/default/files/memanual.pdf

 

[melvonnar]

One benefit of joining the AMA is the regular annual membership fee of $75 includes $2.5M in liability insurance for bigger, faster aircraft. The annual membership fee for Park Flyer membership is $38 for aircraft less than 2-lbs and less than 60-mph, for which you get $500k of insurance. In either case, it’s not a bad deal if all you care about is the insurance.

Link to join the AMA:

Membership Enrollment Center | Academy of Model Aeronautics

www.modelaircraft.org

Link to AMA Membership Manual:

https://www.modelaircraft.org/sites/default/files/memanual.pdf

insurance is most likely any good if you fly in a AMA field. in most states if your drone causes any property damage, your homeowners insurance will cover it. (this is not well known), also extremely rare if a drone causes property damage. I have a question? has anyone know of a case where a drone caused any damage? I never heard of any.

 

[Earthman]

insurance is most likely any good if you fly in a AMA field. in most states if your drone causes any property damage, your homeowners insurance will cover it. (this is not well known), also extremely rare if a drone causes property damage. I have a question? has anyone know of a case where a drone caused any damage? I never heard of any.

I don’t know about homeowners insurance (SEE UPDATE BEL0W), but it’s worth asking about to make sure you are covered.

Otherwise, what you said about AMA insurance appears to be untrue. Upon review, I found nowhere in the AMA insurance policy, safety guidelines, or by-laws where it says or is implied that members have to fly at AMA sanctioned fields, can’t fly where convenient and safe, or that the insurance coverage isn’t applicable to off-sanctioned-field locations. The only requirement is that you follow AMA safety guidelines, which are common-sense guidelines that most reasonable people can understand and follow. You can find the relevant details online in the AMA Member Manual and insurance policy.

I’m sure you will get some pushback from any insurer if at the time of your accident/loss you were flying recklessly or not following generally accepted safe practices such as flying too close to people or moving vehicles, BLOS, etc.

UPDATE:

My homeowner's policy is with State Farm, which does not cover damage to the drone, and may not provide liability insurance. However, I can get separate insurance from State Farm that covers drones under a Personal Articles Policy (PAP). A PAP is coverage beyond the homeowners or renters policy to repair or replace items not protected by other policies. So it's like "hull insurance" for boats and aircraft.

State Farm will pay to either repair or replace the drone, and no deduction is made for depreciation. The PAP coverage covers both theft and accidental physical damage (with some limitations and exclusions). State Farm's PAP policy provides worldwide coverage (except for fine art items). NOTE: State Farm does not currently offer PAP insurance in California.

The PAP policy does not include liability, so if I damage someone's property or cause injury to a person, I would not be covered by State Farms's PAP. Property damage and injury may be covered under my homeowner's liability coverage, but I need to clarify my coverage and get it in writing from my agent.

PAP premiums usually cost $2.75 per $100.00 insured with a minimum of either $30.00 or $60.00 (so the minimum premium will cover drones costing up to between $1,090 and $2,180) depending on the state of residence. Applicants need to provide a copy of covered equipment receipts (including accessories) to prove the cost of the drone. The most common accessories covered are:

Cameras
Controller
Drone Batteries
Drone Propellers

The following are underwriting requirements: 1) limited to hobby or recreational use, 2) weigh under 55 pounds, 3) copies of all purchase documents must be submitted with the application, and 4) information on the brand and model must be furnished.

My AMA membership will cover liability for recreational flights. Membership provides other benefits as well.

 

[melvonnar]

I don’t know about homeowners insurance, but it’s worth asking about to make sure you are covered.

Otherwise, what you said about AMA insurance appears to be untrue. Upon review, I found nowhere in the AMA insurance policy, safety guidelines, or by laws where it says or is implied that members have to fly at AMA sanctioned fields, can’t fly where convenient and safe, or that the insurance coverage isn’t applicable to off-sanctioned-field locations. The only requirement is that you follow AMA safety guidelines, which are common-sense guidelines that most reasonable people can understand and follow. You can find the relevant details online in the AMA Member Manual and insurance policy.

I’m sure you will get some pushback from any insurer if at the time of your accident/loss you we’re flying recklessly or not following generally accepted safe practices such as too close to people, too near to moving vehicles, BLOS, etc.

I posted elsewhere that I requested that if there were any accidents causing property damage by drones to please list them here. so far there have been none. I personally think we are beating a dead horse. unless someone comes up with some drone causing property damage,. buy insurance, join AMA, if it makes you feel better, I personally think that if the only reason your joining the AMA IS FOR THE INSURANCE, YOUR WASTING YOUR MONEY.
MY NICKLES WORTH
PS: sticking your fingers in the props don't count LOL. I don't know of any one that hasn't done it at least once.

 

[Earthman]

I posted elsewhere that I requested that if there were any accidents causing property damage by drones to please list them here. so far there have been none. I personally think we are beating a dead horse. unless someone comes up with some drone causing property damage,. buy insurance, join AMA, if it makes you feel better, I personally think that if the only reason your joining the AMA IS FOR THE INSURANCE, YOUR WASTING YOUR MONEY.
MY NICKLES WORTH
PS: sticking your fingers in the props don't count LOL. I don't know of any one that hasn't done it at least once.

In these litigious United States, it’s best to fly with insurance. Bad things happen, even if you are careful, which is why we have insurance.

 

[melvonnar]

In these litigious United States, it’s best to fly with insurance. Bad things happen, even if you are careful, which is why we have insurance.

That's what liability insurance is for, your car has it your house has it. 1/2 the adds on tv are lawyers wanting to sue some one for just about anything. lawyers are next to car salesmen when it comes to thieves and liars.