Can my neighbor legally record me through the wall without my consent…

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Can my neighbor legally record me through the wall without my consent…

and then provide audio recordings to the
Homeowner’s association so they can ‘fine’ me??

Asked on July 2, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, they cannot: this would be considered illegal "wiretapping" and is a crime. In California, every participant in a conversation must consent or agree to recorded; if they don't, it is a crime. Since you did not consent, this was a criminal act.
That does not mean, however, that the HOA cannot fine you based on the recordings: if the recording is illegally made, it can be used by a private organization (e.g. the HOA) to whom it is provided. But it does mean that you could file a police report and look to press charges against your neighbor.


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