Quiet Enjoyment laws involving mobile home community

Karen Hollis- Elichko

Karen Hollis- Elichko

New Member
Jurisdiction
New Jersey
Hello, for those who don't know about mobile home communities, we own our home, and pay what is call " lot rent" . That rent includes, water, sewer and township taxes ( schools ect.). Recently, ( last 1-2 years)of the 72 homes here, at least 11-15 homes installed outside security cameras. 2 of these homes are my neighbors. Both homes have 3-5 cameras, with 1 pointing at my front yard, the other my front door. I have been told by other neighbors, that my business ( whether walking in my yard on the phone or sitting on my front deck) is all over the place. By business I mean my personal life. Conversations regarding my grown children that I've had while on the phone sitting in my yard, to disagreements I've had with my husband on the porch. I emailed the property owners and questioned the legality of this, with no reply. ( email was sent in February 2019) I've looked up several laws, but am still unsure. I've lived here for 30 years, and I could understand 1. If we had crime in the community, 2. If the property owners themselves put up cameras at the entrance. To date, the only one they have put up is at the dumpster. I've asked the homeowners, before I knew they were watching and listening, if their cameras recorded sound, they both said yes. They are not the only ones here who do this. 60% of homes with cameras also watch listen and tell everyone. I never signed any paper allowing myself to be videoed or recorded. The property owners never asked if any of us are ok with this, and most of us ARE NOT ok with this. Do we have any rights in this matter being violated?
 
The recording of audio is illegal. The following is a summary of NJ law:

It is a crime to purposely intercept any wire, electronic, or oral communication. It is also a crime to disclose or use the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained unlawfully. N.J. tat. § 2A:156A-3. However, if the contents of the communication have "become public knowledge or public information," then the disclosure is not a crime N.J. tat. § 2A:156A-3.

The statute makes an exception and allows interception if the person intercepting is a party to the communication, or if one party has given prior consent, unless such communication is intercepted for the purpose of committing any criminal or tortious act. N.J. tat. § 2A:156A-4. The fact that one subscriber to a particular telephone has consented does not authorize interception of conversations by other parties who use that telephone. N.J. tat. § 2A:156A-4.

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation $1,000, and can include punitive damages, attorney fees, and litigation costs. N.J. tat. § 2A:156A-24.

https://www.rcfp.org/wp-content/uploads/imported/CANWETAPE.pdf

You can look up the NJ statutes at:

2017 New Jersey Revised Statutes :: TITLE 2A - ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE

You can start by reporting the crime to the police. If that doesn't help you can file a civil suit seeking an injunction and compensation.

Understand, though, that the recording of video is legal and they are allowed to point the cameras at anything they can see with their own eyes.

Perhaps you should fight fire with fire and put up your own cameras aimed at your neighbors. Just make sure you don't record audio.
 
If you know there are cameras outside on other people's houses, why are you outside fighting with your husband and yapping your personal business out in public? You do this knowing your neighbors are watching you. Why are cameras pointed directly at your house? What would make the neighbors want to specifically videotape you?
 
Thank you very much! The info you provided has helped greatly. And I think I will do both, alert the police AND put up my own camera's pointing in their direction. Thanks again!
 
sandyeggo said:
If you know there are cameras outside on other people's houses, why are you outside fighting with your husband and yapping your personal business out in public? You do this knowing your neighbors are watching you. Why are cameras pointed directly at your house? What would make the neighbors want to specifically videotape you?
Click to expand...
1st of all, I can do whatever I want on my property. If people wanna watch me weed, mow and build, more power to them. But recording me, or anyone else, if you read the other reply, is against the law. Because cameras point in my direction, am I to stay inside 24/7? And if you read my post, it's not only MY house that is having this problem. So when you're outside, you don't answer your phone, you and your spouse don't sit outside in the warm summer nights? I'm not YAPPING my business anywhere, I'm doing what millions of ppl do everyday. Except my neighbors have nothing better to do than watch and listen. Their actions aren't going to stop me from going on with my daily life.
 
Karen Hollis- Elichko said:
1st of all, I can do whatever I want on my property.
Click to expand...

There are a myriad of things one can't do on the property the person owns or occupies.

Some examples: one can't walk around naked, one can't make loud noises at 2:00 AM, one can't commit bestiality, there are limits to what citizens can do, even on private property.

It isn't illegal to eavesdrop on conversations that occur in public.
If a person wishes to discuss confidential matters, it is best to do so in private.
Don't assume that the gossip being spewed about you and yours is only harvested or derived from one source.

Don't assume because a law exists that said law will provide you immediate relief, or any relief at all.

The law described above doesn't prohibit the collection of video or audio obtained from the public domain, if it did, neither the government or commercial entities could operate their cameras.

Our legal system isn't as simple as the mere citation of a statute.
 
You must have some funky neighbors, if the conduct you came out with was first and foremost. But thank you for reminding me, that some are worse off then myself. Best of luck.
 
Karen Hollis- Elichko said:
You must have some funky neighbors, if the conduct you came out with was first and foremost. But thank you for reminding me, that some are worse off then myself. Best of luck.
Click to expand...


You don't see me whining about being spied on, or gossiped about.


My wife and I have been HAPPILY married for over 50 years.

We have never had an argument or fight.

We agreed before we were married, that if we ever disagreed, we would discuss it calmly.

Anyway, good luck solving whatever troubles or vexes you.
 
Karen Hollis- Elichko said:
1st of all, I can do whatever I want on my property. If people wanna watch me weed, mow and build, more power to them. But recording me, or anyone else, if you read the other reply, is against the law. Because cameras point in my direction, am I to stay inside 24/7? And if you read my post, it's not only MY house that is having this problem. So when you're outside, you don't answer your phone, you and your spouse don't sit outside in the warm summer nights? I'm not YAPPING my business anywhere, I'm doing what millions of ppl do everyday. Except my neighbors have nothing better to do than watch and listen. Their actions aren't going to stop me from going on with my daily life.
Click to expand...
If you choose to sit out on your porch and have a loud argument with the husband it is NOT illegal if someone records it. If you were inside the trailer and the sound carried beyond the walls of your home to a audio device on someone elses property...again it's not illegal for someone to record it. If you expect privacy then start by keeping it private.
 
Have there been problems with your kids and the neighbors or you with the neighbors? Why are they recording you? What are they trying to get you on tape doing?
 

Share this page

Get a free case review from a lawyer
Back
Top