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HOA banning drones
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<blockquote data-quote="Earthman" data-source="post: 108691" data-attributes="member: 16717"><p>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. </p><p></p><p>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. </p><p></p><p>In any case, I think the following are the ways your situation will play out:</p><p></p><p>1. Find another place to fly for the next few years (see note below). </p><p></p><p>2. You do nothing and abide by the rules passed by the HOA board.</p><p></p><p>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.</p><p></p><p>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.</p><p></p><p>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:</p><p></p><p>[URL unfurl="true"]https://sparkpilots.com/threads/where-to-comment-on-the-faa’s-proposed-rule-for-remote-id.16660/[/URL]</p></blockquote><p></p>
[QUOTE="Earthman, post: 108691, member: 16717"] 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: [URL unfurl="true"]https://sparkpilots.com/threads/where-to-comment-on-the-faa’s-proposed-rule-for-remote-id.16660/[/URL] [/QUOTE]
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HOA banning drones