FAA

Drone Registration

Last December the Federal Aviation Administration implemented a rule requiring the registration of small unmanned aircraft systems (drones). Under the FAA Modernization and Reform Act of 2012, Section 333, the Administration is authorized to adopt rules and regulations governing most forms of aircraft. Registration is required for all drones which weigh between .55lbs and 55lbs.  Most drones available for consumer purchase will fall within this requirement.  The individual registering the drone must be at least 13 years old and a US citizen. Failure to register your drone may result in civil and criminal penalties.

Drone owners may register here: https://registermyuas.faa.gov/

Community associations may want to consider the FAA registration when adopting rules or regulations governing the use of drones. For example, requiring homeowners who fly drones within the community to show verification of registration.

Drones in Community Associations

Drones are no longer exclusive to the military.  The prices continue to plummet and the technology has improved to allow even the not-so-tech-savvy consumer to easily pilot the flying devices.  But when drones land on the White House lawn or interfere with firefighting operations, public concern grows.

There are many practical uses for drones. Arial video and imagery are used by construction professionals, farmers, conservationists, and film makers. Most exciting: Amazon has announced that products will be delivered by drone in the near future.

But for many individuals, drones raise safety and privacy concerns. Federal laws impose some expectations and regulations on drone pilots.  For example, the FAA encourages recreational or hobby users to follow certain guidelines:

  • Fly below 400 feet and remain clear of surrounding obstacles
  • Keep the aircraft within visual line of sight at all times
  • Remain well clear of and do not interfere with manned aircraft operations
  • Don't fly within 5 miles of an airport unless you contact the airport and control tower before flying
  • Don't fly near people or stadiums
  • Don't fly an aircraft that weighs more than 55 lbs
  • Don't be careless or reckless with your unmanned aircraft – you could be fined for endangering people or other aircraft

Oregon has adopted legislation governing the use of drones which may be used to regulate the flying of drones. ORS 837.380 allows property owners to sue a drone operator if (1) a drone has flown less than 400 feet above the owner’s property at least once; (2) the property owner has told the drone operator that they do not consent to the drone flying over their property, and; (3) the operator then flies the drone less than 400 feet above the property again. If these three conditions are met, the property owner can seek injunctive relief, “treble damages for any injury to the person or the property,” and attorney fees if the amount of damages is under $10,000.

What can community associations do to limit or regulate drones? The answer is: not much.  Some associations would like an all out ban.  Other associations have taken a more moderate approach, and amended the governing documents to allow the board to adopt rules and regulations which govern the flying of drones within the community.  This allows flexibility as technology changes and unanticipated uses arise. If the use of drones in your community creates a nuisance or violates other owner’s privacy, there may already be tools in your governing documents to handle those types of violations.

Stay tuned for a sample set of rules and regulations governing the use of drones in community associations.