Forums > General Industry > Nosy nieghbors? Any advice.

Photographer

Lost Johnny

Posts: 47

Crystal, Minnesota, US

I live in a townhouse, I have lived her for over a year with no issues.  I am an amature photographer as are many folks on this page, and as such I have made arrangements with and shot with about 5 or 6 local models over the last year.  No nudes, one or two topless (the lady was well over 25, no questions) some implied, very PG13 rated.  The other day I get a very strange letter.  It seems the association found some photographs in the lobby they thought might be mine, rather then give me them back or ask if they are mine, they have called me  in for  a meeting, with the association president and the local caretakers, vary weird.  Any advice on my legal standing?  as I said no nudes/porn and all releases signed.

Jun 30 05 04:20 pm Link

Photographer

not here anymore.

Posts: 1892

San Diego, California, US

So were they yours?

Jun 30 05 04:23 pm Link

Photographer

- null -

Posts: 4576

Posted by Lost Johnny: 
It seems the association found some photographs in the lobby they thought might be mine, rather then give me them back or ask if they are mine, they have called me  in for  a meeting, with the association president and the local caretakers, vary weird.  Any advice on my legal standing?  as I said no nudes/porn and all releases signed.

They didn't even let you SEE the photos that you are suspected of shooting? Maybe they were your shots and your name was on them?

Do you know if they are your shots or not? It helps if they are NOT because then they are just harassing you.

If they aren't your photos, and you want to move, sue them for harassment.

If they aren't your photos, and you want to keep living there, don't sue, but tell them to fuck off and don't go to the meeting.

Jun 30 05 04:25 pm Link

Photographer

John Allen

Posts: 89

Cannes, Provence-Alpes-Côte-d'Azur, France

Rather than the content of the images they may be more interested in if you are operating a business out of your townhouse.  Most apartments, townhouses and even housing communities have covenants governing if and what types of business can be carried on within their jurisdiction.

Bet you thought you could do whatever you want within your own property or own home.  Silly boy!

Jun 30 05 04:52 pm Link

Photographer

LongWindFPV Visuals

Posts: 7052

Las Vegas, Nevada, US

Posted by Lost Johnny: 
I live in a townhouse, I have lived her for over a year with no issues.  I am an amature photographer as are many folks on this page, and as such I have made arrangements with and shot with about 5 or 6 local models over the last year.  No nudes, one or two topless (the lady was well over 25, no questions) some implied, very PG13 rated.  The other day I get a very strange letter.  It seems the association found some photographs in the lobby they thought might be mine, rather then give me them back or ask if they are mine, they have called me  in for  a meeting, with the association president and the local caretakers, vary weird.  Any advice on my legal standing?  as I said no nudes/porn and all releases signed.

You seem to live in a concentration camp operated by an overzealous, paranoid and conservative administration. I feel fer ya.

Jun 30 05 05:05 pm Link

Model

12082

Posts: 1292

Los Angeles, California, US

Posted by John Allen: 
Rather than the content of the images they may be more interested in if you are operating a business out of your townhouse.  Most apartments, townhouses and even housing communities have covenants governing if and what types of business can be carried on within their jurisdiction.

Bet you thought you could do whatever you want within your own property or own home.  Silly boy!

This is the most likely case.

Read your deed restrictions and any rules / guidelines by the homeowner's association.

They can regulate things such as - what you plant in your yard, how tall the grass is, what color you paint your shutters, etc. Most communities don't, some do.

In the communities that do, it usually helps to attend every neighborhood meeting and bake cookies.

Legal and housing forums may be able to help you more on "any advice on my legal standing" or even what to say at your meeting than here.

Good luck!

Jun 30 05 05:51 pm Link

Photographer

Monsante Bey

Posts: 2111

Columbus, Georgia, US

Posted by John Allen: 
Rather than the content of the images they may be more interested in if you are operating a business out of your townhouse.  Most apartments, townhouses and even housing communities have covenants governing if and what types of business can be carried on within their jurisdiction.

Yea, or someone set your tail up. lol
All I can say is  (as a guy who once used to shoot in his apartment) keep it indoors and quiet.

Jun 30 05 05:51 pm Link

Photographer

Lost Johnny

Posts: 47

Crystal, Minnesota, US

Thank you for your reply's.  First off, no I don't have my name on the photo's.  The reason they think they are mine is that the model was seen coming to my unit.  I have shot very rarely and no one has said anything, the models I shot with were very responsible, showing up dressed normally and leaving after an hour or so.  Then there is Bunney....Picture Lucy Lui with Britney Spears' Brains and fashion sense.  A sweet girl but thick as a brick. I met her to shoot in a park about two months ago, she was there with her sister, I shot some images of them and suggested we shoot more at my place with the lights and such.  As I pull up, they are in a different vehicle, the caretakers, there in-laws and the nice Christian girl from next door were all out front.  What does "Bunney" do?  She struts up the walkway in an outfit Kelly Bundy wouldn't be caught dead in, to top it off she, who is 4 foot nothing, is wearing a pair of platform shoes that look as though they were stolen from David Bowie in 1973.  Not a proud moment.  Had it been dark, my neighbors would have seen the shoes light up. Thing is, this bubblehead had no clue she shouldn't be wearing this getup in public or what that looks like to most people.  I quickly informed people I was helping her with her portfolio, I was, and that was the end of it.  I am aware of running a business out of the townhouse but I can prove I have a regular job and I am not making a dime off this , in fact I am paying.  I want to know how those pics got into the lobby, there are survailance camera's, perhaps they show something.

Jun 30 05 07:14 pm Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

So those are your photos. Did you ask them how they obtained them? Did you even see the photos in question, if they are yours did they return your property?

Mike

Jun 30 05 08:23 pm Link

Photographer

Tommy Mc Photography

Posts: 67

Carson, California, US

Posted by Lost Johnny: 
No nudes, one or two topless (the lady was well over 25, no questions) some implied, very PG13 rated. 

  Any advice on my legal standing?  as I said no nudes/porn and all releases signed.

Well, to a lot of people outside of the business, topless photos are nudes.

Jun 30 05 08:30 pm Link

Photographer

Kentsoul

Posts: 9739

Pittsburgh, Pennsylvania, US

Posted by Lost Johnny: 
Thank you for your reply's.  First off, no I don't have my name on the photo's.  The reason they think they are mine is that the model was seen coming to my unit.  I have shot very rarely and no one has said anything, the models I shot with were very responsible, showing up dressed normally and leaving after an hour or so.  Then there is Bunney....Picture Lucy Lui with Britney Spears' Brains and fashion sense.  A sweet girl but thick as a brick. I met her to shoot in a park about two months ago, she was there with her sister, I shot some images of them and suggested we shoot more at my place with the lights and such.  As I pull up, they are in a different vehicle, the caretakers, there in-laws and the nice Christian girl from next door were all out front.  What does "Bunney" do?  She struts up the walkway in an outfit Kelly Bundy wouldn't be caught dead in, to top it off she, who is 4 foot nothing, is wearing a pair of platform shoes that look as though they were stolen from David Bowie in 1973.  Not a proud moment.  Had it been dark, my neighbors would have seen the shoes light up. Thing is, this bubblehead had no clue she shouldn't be wearing this getup in public or what that looks like to most people.  I quickly informed people I was helping her with her portfolio, I was, and that was the end of it.  I am aware of running a business out of the townhouse but I can prove I have a regular job and I am not making a dime off this , in fact I am paying.  I want to know how those pics got into the lobby, there are survailance camera's, perhaps they show something. 

Frankly, I'd move.  Who'd want to live someplace where the way your guests dress is a punishable offense.  If it were me in your shoes, I'd have introduced that model as my new wife just to watch their lids flip.

Jun 30 05 08:42 pm Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

Posted by Melvin Moten Jr: 

Posted by Lost Johnny: 
Thank you for your reply's.  First off, no I don't have my name on the photo's.  The reason they think they are mine is that the model was seen coming to my unit.  I have shot very rarely and no one has said anything, the models I shot with were very responsible, showing up dressed normally and leaving after an hour or so.  Then there is Bunney....Picture Lucy Lui with Britney Spears' Brains and fashion sense.  A sweet girl but thick as a brick. I met her to shoot in a park about two months ago, she was there with her sister, I shot some images of them and suggested we shoot more at my place with the lights and such.  As I pull up, they are in a different vehicle, the caretakers, there in-laws and the nice Christian girl from next door were all out front.  What does "Bunney" do?  She struts up the walkway in an outfit Kelly Bundy wouldn't be caught dead in, to top it off she, who is 4 foot nothing, is wearing a pair of platform shoes that look as though they were stolen from David Bowie in 1973.  Not a proud moment.  Had it been dark, my neighbors would have seen the shoes light up. Thing is, this bubblehead had no clue she shouldn't be wearing this getup in public or what that looks like to most people.  I quickly informed people I was helping her with her portfolio, I was, and that was the end of it.  I am aware of running a business out of the townhouse but I can prove I have a regular job and I am not making a dime off this , in fact I am paying.  I want to know how those pics got into the lobby, there are survailance camera's, perhaps they show something. 

Frankly, I'd move.  Who'd want to live someplace where the way your guests dress is a punishable offense.  If it were me in your shoes, I'd have introduced that model as my new wife just to watch their lids flip.

Better yet say "can't talk now... she is being paid by the hour"

Mike

Jun 30 05 08:44 pm Link

Photographer

Halcyon 7174 NYC

Posts: 20109

New York, New York, US

Posted by Mike Cummings:
Better yet say "can't talk now... she is being paid by the hour"

rofl

Jun 30 05 08:51 pm Link

Photographer

BarryH

Posts: 864

Taipei City, Taipei City, Taiwan

Frankly, I'd move.  Who'd want to live someplace where the way your guests dress is a punishable offense.  If it were me in your shoes, I'd have introduced that model as my new wife just to watch their lids flip.

I'm with Melvin on this one.

Jun 30 05 08:54 pm Link

Model

Lapis

Posts: 8424

Chicago, Illinois, US

Reminds me why I love living in the city...I parade around my house naked all the time, we have a virtual flophouse with all kinds of anarchist hippies (these are friends of my roommates), the smell of strange smoke and incense is always wafting in the air...and no one cares. The gunshots are way more of a priority. If I could only set up a studio here...

Jun 30 05 09:12 pm Link

Photographer

ChristianBehr

Posts: 551

Miami Beach, Florida, US

Down here in South Florida... home of the photoshoots, there have been some properties that have been " resistant " to say the least.  For your protection... take a lawyer, don't speak without one.  I know it only sounds trivial, but HA's have a habit of giving out nasty fines and lay on the threats rather thickly.  You'll be surprised to know that the people who serve on the Homeowner Associations have nothing better to do than fcuk with the homeowners... and a vast amount of money comes from the fines they issue.

Good luck... and put on your game face.

christian

Jun 30 05 09:14 pm Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

Posted by ChristianBehr: 
Down here in South Florida... home of the photoshoots, there have been some properties that have been " resistant " to say the least.  For your protection... take a lawyer, don't speak without one.  I know it only sounds trivial, but HA's have a habit of giving out nasty fines and lay on the threats rather thickly.  You'll be surprised to know that the people who serve on the Homeowner Associations have nothing better to do than fcuk with the homeowners... and a vast amount of money comes from the fines they issue.

Good luck... and put on your game face.

christian

Amen to that! HA in Florida are virtual goverments.

Mike

Jun 30 05 10:08 pm Link

Photographer

Star

Posts: 17966

Los Angeles, California, US

Actually, a good point is HOW did they get the pictures, sounds fishy if not downright illegal in how they got the pictures

Jun 30 05 10:18 pm Link

Photographer

CharliesImages

Posts: 174

Raleigh, Illinois, US

Posted by Lost Johnny: 
I live in a townhouse, I have lived her for over a year with no issues.  I am an amature photographer as are many folks on this page, and as such I have made arrangements with and shot with about 5 or 6 local models over the last year.  No nudes, one or two topless (the lady was well over 25, no questions) some implied, very PG13 rated.  The other day I get a very strange letter.  It seems the association found some photographs in the lobby they thought might be mine, rather then give me them back or ask if they are mine, they have called me  in for  a meeting, with the association president and the local caretakers, vary weird.  Any advice on my legal standing?  as I said no nudes/porn and all releases signed.

I would have to ask how well you know your homeowner assoc. rules and regulations. 

If you feel you are in violation of one of the rules, I would agree with those that adivse you to have a lawyer present.

I would definately have them spell out in details what regulations they have on using your property for your photographic hobby.

Jun 30 05 10:19 pm Link

Photographer

Boho Hobo

Posts: 25351

Santa Barbara, California, US

on an unlikely positive note, maybe they thought the shots were hot and want to buy some content or book a session with you!

Jun 30 05 10:20 pm Link

Photographer

Lost Johnny

Posts: 47

Crystal, Minnesota, US

Here js what the letter said, exactly.

I am sending this at the direction of the Board Members (Two names) of the Happy Valley Home owners Association (not the real name)  There were some pictures left in the lobby we think might belong to you.

We would like to meet Thursday,July 7th, 2005, 6:30 PM at the home of (Name) Number 108.

We look forward to meeting with you.  Please call to confirm this date and if you have any questions.

Association Manager.

First off there is no way I left any pictures, or anything else in the lobby, it's not possible, I don't use the lobby, I go straight to the garage, I come in that way too.  At about 1:00 PM I get a call from the Association Manager who is upset that I didn't call and confirm this nonsense, when I asked what made them think the pictures were mine she said the model had been seen there.  I have not shot with a model here in well over a month, long before the 23rd of June when this letter is dated.  More like two months.  Very wierd indeed......What kind of Lawyer do I speak with?  Criminal law seems a bit out there, is it a civil matter?

LJB

Jul 01 05 01:20 am Link

Photographer

Steven Stone Photo

Posts: 315

Salt Lake City, Utah, US

Homeowners Association.

Why the hell would you live anywhere with a homeowners association, anyway?

Being a proud American who pays his own goddamned rent, I'd have to say you tell them to fuck off.  It's your house.  Taking photos with consenting adults is far from breaking the law.  Do what you want.  Tell the H.A. to lick your balls.

Jul 01 05 01:29 am Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

Posted by Lost Johnny: 
What kind of Lawyer do I speak with?  Criminal law seems a bit out there, is it a civil matter?

LJB

I would think a real estate lawyer, if not they would know who would be best for this.. problem is that cost money.

I would tell them there is no need to wait until the 7th, tell them you will just swing by and see if they are your pics.

Mike

Jul 01 05 01:38 am Link

Photographer

Hugh Jorgen

Posts: 2850

Ashland, Oregon, US

If You Didnt shoot them and they are hot,Just tell them they are yours and move out at least you will get some hot photos out of it..
If not it sounds like you are screwed anyway..cause thier after your ass...
Did they send everyone that letter?

Reminds me why I love living in the Mountians...I parade around my house naked all the time, we have a virtual flophouse with all kinds of anarchist hippies (these are friends of my roommates..LOL), the smell of strange smoke and incense is always wafting in the air...and no one cares. The gunshots are our way of knowing our rights....(:---

Posted by Lapis: 
Reminds me why I love living in the city...I parade around my house naked all the time, we have a virtual flophouse with all kinds of anarchist hippies (these are friends of my roommates), the smell of strange smoke and incense is always wafting in the air...and no one cares. The gunshots are way more of a priority. If I could only set up a studio here...

Jul 01 05 01:43 am Link

Photographer

Lost Johnny

Posts: 47

Crystal, Minnesota, US

For the record I own the property free and clear.  I am far too busy (lazy) to mow lawns and shovel snow (I already mow my mothers lawn and shovel her snow). So I can't just move.  Also the HA is a nescesary evil of townhouses.  I really like it here, I have attended some of the meetings but they are really boring and I used to work nights.  I have gotten along fine with everyone, no noise complaints, no issues with pets (I don't have any) no roomate crap.  I am a bit nastalgic however for the individual who spoke of his hippy place with the strange smoke going, back in the day that's exactly how I lived, now I work in a rehab center, funny the world.

Jul 01 05 01:43 am Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

Posted by Lost Johnny: 
We would like to meet Thursday,July 7th, 2005, 6:30 PM at the home of (Name) Number 108.

We look forward to meeting with you.  Please call to confirm this date and if you have any questions.

LJB

You know what, call them with this question. "Why wait until the 7th if you just think they might be my photos. Are you planning a hearing or other administrative santion against me" Back these fuckers into a corner. HA are little goosestepper.

Mike

Jul 01 05 01:43 am Link

Photographer

John Van

Posts: 3122

Vienna, Wien, Austria

It all comes down to the rules. Know them. If you didn't break any, they might be upset about the pictures, but it's none of their business where they were taken.

How do you think those pictures ended up in that lobby?

Jul 01 05 06:10 am Link

Photographer

Kentsoul

Posts: 9739

Pittsburgh, Pennsylvania, US

Posted by Lost Johnny: 
For the record I own the property free and clear.  I am far too busy (lazy) to mow lawns and shovel snow (I already mow my mothers lawn and shovel her snow). So I can't just move.  Also the HA is a nescesary evil of townhouses.  I really like it here, I have attended some of the meetings but they are really boring and I used to work nights.  I have gotten along fine with everyone, no noise complaints, no issues with pets (I don't have any) no roomate crap.  I am a bit nastalgic however for the individual who spoke of his hippy place with the strange smoke going, back in the day that's exactly how I lived, now I work in a rehab center, funny the world.

If you own the property, then I think you should tell them to kiss your rosy bum.  I'm pretty sure you're allowed to do what you like in and around your own home.  If they don't like it, then THEY can move.

Jul 01 05 06:46 am Link

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

Hmmm this is food for thought...This IS London, but maybe my dress style is why my neighbours run away....

Jul 01 05 08:07 am Link

Photographer

John Van

Posts: 3122

Vienna, Wien, Austria

Posted by Melvin Moten Jr: 

Posted by Lost Johnny: 
For the record I own the property free and clear.  I am far too busy (lazy) to mow lawns and shovel snow (I already mow my mothers lawn and shovel her snow). So I can't just move.  Also the HA is a nescesary evil of townhouses.  I really like it here, I have attended some of the meetings but they are really boring and I used to work nights.  I have gotten along fine with everyone, no noise complaints, no issues with pets (I don't have any) no roomate crap.  I am a bit nastalgic however for the individual who spoke of his hippy place with the strange smoke going, back in the day that's exactly how I lived, now I work in a rehab center, funny the world.

If you own the property, then I think you should tell them to kiss your rosy bum.  I'm pretty sure you're allowed to do what you like in and around your own home.  If they don't like it, then THEY can move.

It doesn't work that way. If there's an homeowner's association, one has to abide by the rules. Problem is that there are often a bunch of busybodies with nothing better to do, who complain about every freaking thing that doesn't suit them.

Jul 01 05 08:54 am Link

Photographer

Robbie Wolf Photography

Posts: 569

Phoenix, Arizona, US

Tell them they aren't yours and you think you saw the girl walking into a place about five doors down but you can't remember exactly which one.

Might as well mess with their heads too.

(You didn't leave a portfolio book laying around somewhere, did you?)

Jul 01 05 10:11 am Link

Photographer

Lost Johnny

Posts: 47

Crystal, Minnesota, US

I tried to call some real estate lawyers today but of course no one was home, it's Friday afternoon on a holiday weekend and they all went home early, can't talk to one 'till next Tuesday, the dreaded meeting is on Thursday.  I have read a number of people asking how the photo's came to be in the lobby, very good question.  I rally don't go in the lobby, no reason to.  I enter and leave out the garage, the lobby is out of the way.  Also the time is wrong, the photos would have to be found on the 20 to the 22nd (The letter is dated 23) I wasn't around then.  I do have two vehicles, and one of them is in storage, but I sometimes leave the hatchback unlocked, I would have photo's there.  It is also very possible that I have a number of photo's in a storage locker (haven't bothered to lock it, nothing worth stealing) that anyone can get into.  If someone got these pics and put them in the lobby from the garage, then they should be on video, we have been paying for and recording a 24/7 surveillance system that has cameras in the lobby and the garage.  Since there rational is that they recognize the model in the photo's from the surveillance, or memory.  They can't have one without the other, unless there is some sort of Digital Amnesia going on.  What makes me so angry about this is that they never had the balls to simply as me about it.  I am not an intimidating person, surely they can't be afraid of me.  Why go to the president of the HA?, if they had a beef they could tell me, I could clear things up, if they didn't like it then call whomever.  If the photo's were of such a egregious nature that there legality was in question, then notify the police, I would be happy to show any photo I have taken here to law enforcement, my guess is they would be very bored.

Jul 01 05 05:26 pm Link

Photographer

Robbie Wolf Photography

Posts: 569

Phoenix, Arizona, US

Well, if someone removed something from your vehicle then you might have grounds to file a police report. If they were from the separate (?) storage locker then there is a possibility someone was trying to return them to the rightful owner so they could use the locker. In that case there might not be a problem and they are just being curious. I'd try to find out before bringing a lawyer to a meeting. If the locker clearly belongs to you and someone took them, then I would file a police report if the HOA people get difficult. However you might have a hard time explaining why it wasn't properly locked.

You should probably speak privately and face-to-face with the person who asked you to attend, find an excuse to postpone the meeting date due to a prior "thing you have to do" and get some information out of them in as friendly of a way as possible. I'd go as far as straight out asking for the photos to be returned right then and there. You don't have to be nasty about it but you can be straightforward enough to get their attention.

Jul 01 05 08:07 pm Link

Photographer

Mike Cummings

Posts: 5896

LAKE COMO, Florida, US

Tomorrow should have been the day of the meeting.... Let us know how it went

Jul 06 05 05:43 pm Link

Photographer

GWC

Posts: 1407

Baltimore, Maryland, US

Posted by Lost Johnny: 
It seems the association found some photographs in the lobby they thought might be mine, rather then give me them back or ask if they are mine, they have called me  in for  a meeting

TIme for you to go "FINE ART" dude!! Take a couple of rolls of color with a macro lens up your ass-crack, and see if they can identify you. Teach 'em that "Some things are private for a reason"

GWC

Jul 06 05 06:28 pm Link

Photographer

Belair

Posts: 359

Downers Grove, Illinois, US

Johnny...

Hey, can we see some pix of Bunney?

Thanks!

Jul 06 05 06:48 pm Link

Photographer

Bill Sylvester

Posts: 1509

Fairfield, Ohio, US

Color?? That's why you're a GWC, everybody knows you can only do "fine art" in B&W.

Jul 06 05 08:00 pm Link

Photographer

GWC

Posts: 1407

Baltimore, Maryland, US

Posted by Bill Sylvester: 
Color?? That's why you're a GWC, everybody knows you can only do "fine art" in B&W.

AWW, MAN! Why didn't someone TELL ME BEFORE NOW!!
I'll make sure I do some B&W art pics next time I shoot.
I had NO IDEA fine art was so easy!

GWC

Jul 06 05 08:03 pm Link

Photographer

Bill Sylvester

Posts: 1509

Fairfield, Ohio, US

I hate waiting....

Jul 07 05 02:39 pm Link

Photographer

Bill Sylvester

Posts: 1509

Fairfield, Ohio, US

God the suspense is killing me... what happened!?!

Jul 07 05 09:28 pm Link