Four Considerations Before Using Drones for Community Association Inspections
Drones, also known as unmanned aircraft systems, are nearly everywhere. Advances in technology have made drones smaller, cheaper, and easier to use, and therefore more accessible to average users. As drones become more accessible, community associations may wonder whether drones may be used to help conduct inspections of common area components. Drones can provide a host of benefits for associations including, but not limited to, lowered costs because inspections can be completed more quickly, fewer accidents in inspections, and better-quality documentation in the form of video footage. However, before moving forward with using drones for inspections, boards should contemplate the following considerations and consult with the association’s legal counsel.
First, laws are still developing in the drone realm. As of now, drones are primarily regulated by the Federal Aviation Administration (“FAA”). The FAA requires pilot certification, registration of drones, and a minimum age of pilots if the drone is used for commercial purposes. There are also strict requirements regarding speed and altitude. The state and municipalities may impose additional requirements. Associations should be sure to abide by all federal, state, and local requirements for drones.
Second, associations should craft appropriate policies regarding the use of drones. Since drones are a relatively new phenomenon, an association’s governing documents may not address the use of drones. Consultation with the association’s legal counsel is recommended to craft appropriate policies regarding the use of drones, including with respect to notice requirements for inspections.
Third, using drones for inspections of common area components may give rise to privacy concerns. In California, laws prohibit entering the airspace of another in order to capture an image or recording of that individual engaging in a private, personal or familial activity without permission. While an association may intend to use a drone for an inspection of a common area component only, the drone may inadvertently capture a private or family activity which could open the association up to liability. Rules and policies should be carefully tailored in order to protect the association from liability and owners from unintentional privacy intrusions. Consultation with legal counsel is also imperative with respect to addressing privacy concerns.
Fourth, since drone use is still a relatively new endeavor for associations, associations should be sure to consult with their insurance providers to make sure that the association’s policies cover claims arising out of the association’s use of drones.
While drones may be the wave of the future, associations should proceed with caution before using them for common area inspections. A careful and thorough examination of the considerations outlined above, coupled with consultation with association counsel and the association’s insurance professional, may help to protect associations from potential liability.
*This article was originally published in San Diego Community Insider in the Fall 2022 edition and was adapted from the original article, Using Drones For Inspections) as authored by Lindsay J. Anderson, Esq.