“Drones in Community Associations” – KSN attorney Joseph Scharnak reviews the use of drones in community associations. He also discusses the federal and state drone regulations along with the privacy and safety concerns associated with the use of drones. (12 mins.)
The KSN Podcast examines various aspects of association law, landlord/tenant issues, property tax appeals, and more. In each episode, KSN attorneys share their experience and knowledge as they discuss legal updates, best practices, industry trends, and more. KSN Podcast episodes are available at www.ksnlaw.com/podcast.
For more info about our law firm and legal services, please visit www.ksnlaw.com
Subscribe to the KSN Podcast where podcasts are found including:
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We have multiple office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin.
For more info about our law firm and legal services, please visit www.ksnlaw.com.
Episode Transcription
Nikki: You’re listening to the KSN podcast and today we’re talking about the use of drones in community associations. Welcome to the KSN podcast where you’ll hear from KSN attorneys as they share their experience and insight on legal issues surrounding community associations, collections, property tax appeals, and landlord tenant law. I’m Nikki and today we’re joined by KSN attorney, Joseph Scharnak. Joe practices condominium, townhome and homeowner association law, as well as landlord tenant law and commercial real estate. Hi Joe, welcome to the podcast.
Joseph: Hi Nikki. It’s great to be here.
Nikki: Our topic today is drones and I think it’s something that we both can agree has become a very popular piece of technology as of late with companies, such as Amazon, Google and UPS ramping up testing of drone delivery technology. It is certain that community associations will feel the impact of this new technology in the relatively near future and according to the federal aviation administration also known as the FAA, there are over 1.7 million registered drones also known as an unmanned aircraft system or UAV in the United States as of December in 2020. Over 500,000 of those drones are classified as commercial UAVs and over 1.2 missions are classified as recreational. So Joe, why might there be such a large increase in the use of commercial drones?
Joseph: Well, as this technology has become more widespread and adapted, commercial drones are being used for a variety of different industries; advertising, construction, entertainment, security. All those industries are starting to use drones as part of their regular course of business. Some of the things that these drones can be used for are obtaining aerial footage to show different real estate properties, concerts and sporting events. The drones are typically used for light shows. Sometimes mapping remote property used to be very hard and difficult to get out to certain places. It’s become very easy with drones. And now we’re seeing emergency response services such as search and rescue and fire departments employing drones as part of their operation response. Now condominiums, homeowners and townhomes community associations, they’d be really well served to get ahead of this technology curve and start thinking and planning about how these drones are going to impact the community and the ways that community associations are going to respond once the drones are in the communities because it’s inevitable, they are coming. Identifying the various legal concerns and adopting appropriate policies before this new change in technology becomes mainstream is going to be very crucial to associations successfully navigating the future of this commerce.
Nikki: All right, Joe, let’s talk about some legal concerns here. What are the federal and state drone regulations?
Joseph: Currently drone use is governed by the FAA’s code of federal regulations known as CFR part 107. While commercial pilots must be certified as pilots, personal and recreational use of drones is permitted. However, the FAA has instituted a number of rules for recreational drone use, including the drone must be flown within a visual site line of the operator, pilots should only operate one drone at a time, drones should fly below 100 miles per hour, drones cannot be flown over 400 feet above the ground and drones should never be flown over a person or moving vehicle. Now in terms of community associations, board members, community leaders, and property managers can get a jumpstart by becoming familiar with federal state and local laws governing drone use. For example, in California, there’s a California civil code known as the anti-paparazzi law, which prohibits drones from being used to access private property to capture images and recordings. Violations of this law can result in fines of up to $50,000. Illinois has created the unmanned aerial systems oversight task force that’s charged with responsibility for providing oversight and input and creating comprehensive laws and rules for the operation and use of drone technology within Illinois subject to federal oversight and regulation.
For board members, having a basic understanding of drone related laws can help differentiate between lawful and unlawful use of drones within the Association’s property. Of course the Association’s legal counsel can help board members easily understand the technical nuances and that will help safeguard community associations and their residents.
Nikki: So, Joe then is it safe to say that we can start to expect to see the use of commercial drones in our communities? I know earlier I kind of referenced Google and Amazon potentially using this. Can we see that use of commercial drones in our community soon?
Joseph: Yes, definitely. Drones are equipped with video cameras and they’re ready to be used by vendors to inspect difficult areas and community associations. Instead of using scaffolding and binoculars and those kinds of things, roofing contractors and signing contractors and insurance claim adjusters, they’re all using drones to get up on top of the building to inspect with a camera the chimney, the rooftops, tuck pointing and it’s an interesting technology. It’s making things easier, we’re getting more pictures, more accurate and quicker results and at a lower cost because it’s much safer and quicker to send a drone up and to install scaffolding than have people go up there with equipment on and things like that.
Nikki: Yeah. I mean, I can definitely see why the use of drones would be much more handy for contractors and whatnot to be able to get into the little crevices. But Joe and I are going to take a quick break. When we get back, we’re going to continue discussing the use of drones within the community association.
Joseph: Hi, I’m attorney Joseph Scharnak and I’d like to ask you if you downloaded the KSN app? Here are some of the apps features; 24/7 real time access to KSN collection status online, the CSO, it’s a portal that features updates on active collections, foreclosures and landlord tenant matters, articles and booklets authored by KSN experienced association tax and landlord tenant lawyers, access to our schedule of upcoming educational events and you can view snapchat profiles of all KSN attorneys with their contact information and mobile accessibility. The KSN app is now available for free download in the iTunes app store for your iPhone and iPad. The app is also available for download in the Google play store for your Android phone or Android tablet. Just search for Kovitz Shifrin Nesbit. We invite you to download the KSN app and learn what our law firm can do for you. We look forward to demonstrating how Kovitz Shifrin Nesbit has earned the trust of thousands of clients for over 30 years.
Nikki: And we’re back. I’m here with attorney Joseph Scharnak and we’re talking about the use of drones within our community associations. So Joe, we left off discussing some of the federal and state regulations associated with using drones and privacy is obviously going to be a big concern that comes with this use of technology. What can associations do to ensure that their community members are maintaining each other’s privacy?
Joseph: So community associations are going to need to adapt rules and policies once these drones become prominent in the community. One of the biggest things that associations need to ensure that drones, both commercial use and recreational use, when they’re inside the community, they’re not recording or video recording or taking photographs of any area where the unit owner has a reasonable expectation of privacy. For example the board should not allow people to fly drones right in front of somebody’s window and start taking pictures of them.
Nikki: Along with privacy comes safety. Are there any kind of safety precautions that association should be taking?
Joseph: Yes one of the board’s major duties is to ensure their residents safety and in this regard boards need to evaluate the risks and the liabilities that will come with using commercial drones within the community. The potential for damage and personal injury that could be caused by an accidental crashing of a drone on people, pets properties, it could be from a malfunctioning of the drone itself or operator air, whatever it might be, the possibility that a drone is going to crash and injure somebody is a real thing and probably we’re going to see that more early on while this technology develops. So boards should be planning for additional capital improvements and services that will become necessary to maintain both privacy and ensure safety. Again, the Association’s legal team can help discuss the liabilities associated with drone use and help associations come up with a risk management policy to mitigate those potential losses.
Nikki: Yeah, Joe, I can definitely see where somebody gets a new drone, it’s kind of this new technology that we’re all excited to use and you kind of take it off course and it crashes, it might hit somebody’s car, hit somebody’s house. So I can definitely see where there might be some safety issues with these. So can an association enact any rules and regulations regarding drone usage?
Joseph: Yes, associations can do that. However, enacting new policies and procedures for safe and effective use of commercial drones within a community association is going to be kind of a complex process. The Association’s governing instruments might need to be amended. New rules and regulations will definitely need to be adopted and overall associations will just need to think about what is best for the community and how to implement policies to introduce new technology while preserving the community. So some of the things that boards are going to have to consider are where should the drones be allowed to land within the committee association? Should there be a designated landing area for commercial drones, or can they show up on a [Inaudible:09:47] doorstep? Are there certain hours when the drones can be making delivery? Do we want people ordering pizza two in the morning and have drones flying past [Inaudible:09:55] window at two in the morning? Should commercial drones be prohibited altogether? Is the community too many kids, too many pets that it’s so dangerous that it’s not a desirable activity within the association?
Some of the other things that association needs to consider is whether recreational drone use is going to be allowed and if so are there going to be any indemnity paperwork that’s going to need to be signed whereby the unit owners will indemnify the association and other residents against any losses that might be caused and because somebody’s operating a drone or accepting commercial drone deliveries. So, there’s a lot of things to think about here and while it might be tempting for associations to police these rules with a drone, there’s going to be some political consequences and potentially legal consequences that also need to be considered. So it’s not just making the rules and enforcing them. There’s other things to take into consideration as well in terms of the pushback and what kind of laws might be involved once the association starts to be involved with drones.
Nikki: That was KSN attorney, Joseph Scharnak. He practices condominium, townhome and homeowner association law, landlord tenant law, and commercial real estate law in the city of Chicago and surrounding suburbs. KSN is an experienced legal resource, ready to provide you with quality advice and exceptional service. We look forward to demonstrating how we have earned the trust of thousands of clients over the past 35 years. If you’d like to reach Joe or one of KSN experience attorneys, please call 855-537-0500. You can also visit ksnlaw.com and complete the contact form to send us a message. Thanks for listening.
Outro: The music for this show is brought to you by free podcastthemes.com. Please note the material contained on the KSN podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receive of the information contained on the KSN podcast. You should not act on the information discussed on the KSN podcast without first obtaining legal advice from an attorney duly licensed to practice law in your state. While KSN has made every effort to include up to date information on the KSN podcast, the law can change quickly. Accordingly, please understand that information discussed on the podcast may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete or up to date. KSN reserves the right to revise or update the information and statements of law discussed on the podcast at any time without notice and disclaims any liability for your use of information or statements of law discussed on the podcast or the performance of the podcast generally. The KSN podcast may be considered advertising in some jurisdictions under applicable laws and ethical rules or regulations.
Please note the material contained on the KSN Podcast is for informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained on the KSN Podcast. You should not act on the information discussed on the KSN Podcast without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information on The KSN podcast, the law can change quickly. Accordingly, please understand that information discussed on the podcast may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed on the podcast at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the podcast, or the performance of the podcast generally. The KSN Podcast may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.