Are Homeowners in California Losing Their Right to Privacy?
Disclaimer: This information is intended for California residents only and should not be considered legal advice.
The New Reality: Your HOA Might Be Watching You
Across California, homeowners are discovering a concerning trend: HOAs quietly increasing surveillance, cameras at entrances, license plate scanners, security drones, and even “community watch volunteers” using apps to submit photos and videos of neighbors.
Is this about safety or control?
Many homeowners report feeling more like suspects than residents. Some associations now use surveillance footage to issue fines for late trash bins, brief parking, or having guests who stay too long. In some neighborhoods, homeowners weren’t even notified before cameras were installed.
Here’s the real issue:
Safety should protect residents, not police them.
What California Law Says About HOA Surveillance
In California, HOAs can use surveillance tools, but the law limits how far they can go.
HOAs Must Follow California Privacy Rules
- They must disclose surveillance use and placement.
- They cannot secretly record inside your private property.
- They must define how data is stored, who can access it, and how long it’s kept.
- Surveillance cannot be used to target or harass certain residents, that could be considered discriminatory enforcement.
HOAs Cannot Violate:
| Law / Regulation | What It Protects |
|---|---|
| California Civil Code §4515 | Right to peacefully assemble & communicate without harassment |
| CC §5076 & SB 1471 | Limits HOA access & rules for camera placement |
| California Constitution – Article 1 | Personal privacy is a fundamental right |
| GDPR / PII | Personal data must be protected if recorded |
| FTC Rules | Surveillance cannot be deceptive or unfair |
| PCI / PII Compliance | Any homeowner data collected must be safeguarded |
If your HOA has cameras but no published policy, that may be a major compliance risk.
Common Surveillance Tools HOAs Are Using (and Not Always Disclosing)
| Technology | Legitimate Use | When It Becomes a Problem |
|---|---|---|
| Security Cameras | Entry points | Used to issue fines or monitor residents |
| License Plate Readers | Gate security | Tracks homeowner movement |
| Drones | Structural inspections | Used to capture backyard footage |
| Community Reporting Apps | Safety alerts | Used to target certain residents |
| Facial Recognition | Gate entries | May violate PII & California privacy laws |
The Rise of “Community Policing”
Some HOAs have encouraged residents to record violations or “monitor suspicious activity.” Sounds helpful, until it becomes a tool for harassment.
We’ve seen:
✔ Neighbors taking photos of visitors
✔ Drone footage used to issue violation letters
✔ Spot inspections of patio furniture, plants, or decorations
✔ Video screenshots submitted as evidence in hearings
This is more than enforcement, it’s social pressure and intimidation.
Your Rights Under California Law
You have the right to request written documentation from your HOA regarding:
- Surveillance policy & justification
- Placement of security devices
- Who has access to the footage
- Frequency of data review
- Written proof of consistent enforcement
- How long recordings are stored
- Whether third-party vendors have access
All requests should be submitted in writing, not simply verbally.
How to Push Back Without Starting a War
You shouldn’t have to choose between safety and privacy. We will show you how to seek clarification in a professional, documented way.
Visit HOA Victory Kit website for more information.
What You Can Legally Do
✔ Request copies of the surveillance policy
✔ Challenge selective or discriminatory enforcement
✔ Ask for justification in writing
✔ Demand financial transparency if technology costs are passed onto homeowners
The Real Question: Is This Still a Community or Just Control?
Security is necessary, but there must be balance. Cameras shouldn’t replace neighborly trust. Drones shouldn’t watch peaceful backyards.
Technology shouldn’t become a tool for intimidation.
Homeowners deserve clarity, transparency, and respect.
If your HOA has moved from “safety” to surveillance and suspicion, it may be time to ask questions, professionally, in writing, and fully within your rights.
Concerned About Surveillance in Your HOA?
We help California homeowners:
- Request surveillance policies legally
- Challenge unfair or selective enforcement
- Understand their rights under the Davis-Stirling Act
- File documentation requests to hold HOAs accountable
Want help drafting a request letter or reviewing HOA surveillance rules?
Visit our website, HOAVictoryKit.com, your rights deserve protection.