Drones Update - Part II

“You need to put drones under control; you need to lay out certain rules of engagement in order to prevent or minimize collateral casualties. It is extremely important.”

- Vladimir Putin

Following up on the last column, as with many things in life, with regard to Drones there are good things and not so good things. Associations may want to consider crafting a policy to set some limits on their use before a problem arises. In doing so, boards of directors should spell out when owners can use drones and for what purpose as some questions will be sure to arise.

Can owners use drones for recreation on the common area of an association? Can owners receive deliveries from vendors by drone? What times are drone use permissible?

If an association designates a delivery area, it should fence the area off, and post signs warning people of the risk of drones overhead.Also, if an association sets a rule that bars owners from flying their drone over common area, like a pool, also include how far away drones must stay from such property. The association should state who is responsible if a package is delivered but sits unattended on the common area for days and is then stolen. The association should develop policies, including the indemnification of the association, for issues with third party deliveries by drone.

The association should require owners to apply to use a drone. One way to control drone activity is to mandate that owners clear it with the Association first. Create a process that starts with owners' submitting an application to the association for approval. On the application, ask for the owner's purpose for the drone; the make, model, and weight; and the dates and times the owner would like to use the drone.

The association should Include on the application form disclaimer language stating that the association will hold the owner liable for any and all damage caused by drone use and that by signing, the owner agrees to indemnify the association for all damages caused. The association should be sure that the owner signs to acknowledge any such rules and conditions.

As part of the application process, you should also require owners to submit proof of insurance that covers drone activity and evidence the drone is registered with the Federal Aviation Administration, if applicable (current FAA regulations require registration only if the drone weighs more than 55 pounds).

The association should require that owners have insurance. Just as the association should ask for proof of insurance in the application, the association should have that requirement in the drone rules. If an owner submits a general homeowner's policy, the association should have the owner also attach a statement from their insurer indicating drone use is covered under that policy. Drones may not be covered under most homeowner association policies.

The association should warn owners they're responsible for damage. The association shouldn't just include discussion of responsibility for damages in the drone use application. The drone policy should stress that the association will hold owners responsible for any damage they create with their drone use.

The association should notify owners that the association will report them to the FAA if the drones are operated in an unsafe manner.

Phew. That's a lot of “shoulds.” But if your association should be prepared because some morning that buzz in your ears won't be from the coffee.