Lack of Privacy in a Condominium

[DCcontractprob]

My question involves a condominium located in the State of: Delaware

Good evening!

I not certain where to post my problem(s); however, I believe I will have a better case under the condominiums and cooperatives forum.

I currently own a condo unit in Wilmington, DE but travel frequently. Unfortunately, when I'm home, I'm not afforded any privacy since a commercial, professionally licensed business operates 6-7 ft. from my unit. This business is, in fact, part of my condominium complex, and the owner is the president of the HOA. In general, the business does not create much noise, odor or traffic since it is an office. My problem is with the constant view of the operations and owner of the property. On many occasions I have seen him peering into my windows, and I have witnessed him grabbing himself while looking at me. He also has security cameras in his unit that are directed toward my windows, and one of these windows is a bedroom where I expect some level of privacy. Additionally, he always has his window blinds open and begins operating at 6 a.m. and continues operations until 8 or 9 p.m., even on weekends. I've addressed the issues with a police officer in Wilmington, who is a friend of my father. His recommendation is to call the police the next time it occurs. He also said it's illegal to direct surveillance cameras at windows on an opposing properties. I'd like to give the guy the benefit of the doubt and assume that maybe he doesn't realize his activities are encroaching on my privacy; although, grabbing himself while talking on the phone and looking in my windows, even if not intentional, is very perverted. He appears to be a good citizen and is well-respected in the community, so I don't want to create waves or cause problems. I just want some privacy and don't want his operations to be a nuisance. Even closing his blinds would be sufficient. As a matter of fact, it's 8 p.m. on the East coast, and his blinds are open with the cameras running, computer equipment visible and server lights blinking. I feel like I can't even open my drapes, blinds and windows to enjoy the fresh air.

I've looked into the private nuisance laws in Delaware and haven't found too much, plus these cases seem end in favor of the defendant. After looking a little further, I realized Wilmington has zoning laws concerning business activities. I am located in zone R-2-A, which states:

(d) Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1) Moderate-intensity home occupation, subject to the special requirements of such a use in R-1 districts under section 48-131(d)(4).

http://library.municode.com/HTML/117...SRE_S48-133ADI

Special requirements of such a use in R-1 districts specify:

(d) Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(4) Moderate-intensity home occupation, limited to one per dwelling unit, provided that it is conducted without:

a. The presence of more than two customers or clients on the premises per hour; provided, however, that the board may, in exceptional circumstances, authorize the presence of up to four customers or clients on the premises per hour;

b. Any external evidence or effect of such occupation, except that either a nonilluminated interior window sign not exceeding 144 square inches in area, or a brass or bronze plaque not exceeding 144 square inches in area mounted on the facade of the building, shall be permitted;

c. The creation of objectionable noise, odors or refuse, or additional traffic volume or parking demand;

d. Any alteration detrimental to the residential use of the dwelling unit;

e. Any external storage of material or equipment, except for a single business motor vehicle used by the resident; and

f. That it is conducted in compliance with such other conditions as the zoning board of adjustment may deem necessary in order to minimize any adverse impact on the use of neighboring properties and the character of the neighborhood.

http://library.municode.com/HTML/117...USRE_S48-131DI

The original site that directs to the code is: http://www.wilmingtonde.gov/residents/nuisancepoints - Chapter 48 Zoning link

I'm just asking that he follow rule (4)b., even though he breaks all the rules listed under the code. Again, I don't want to get the guy in trouble. I'm trying to be diplomatic, and I'm being more than fair with this guy. He (and the condominium complex) could get in a bit of trouble if I reported him since the business is required to be a "home occupation".

How should I proceed? Write an anonymous letter listing the code(s) and asking him to close his blinds so his operations are not visible?

Sorry this is so long-winded.

[Mr. Knowitall]

Either the business is permitted under local zoning or it isn't. If it isn't, complain to local authorities.

Either the business is permitted under the condo association rules and bylaws or it isn't. If it isn't, take it up with the board.

If you have windows that face a business or high traffic area, you need to be prepared for the possibility that people going to and from the business will see through your windows into your home.

If the business has legitimately placed security cameras covering the public areas outside of the business that incidentally capture your windows, such is life.

If somebody is peeping in your windows or has placed cameras intended to capture events inside your home under the guise of 'security', make a report to the police.

[DCcontractprob]

Mr. Knowitall, thank you for your reply.

The business is permitted to operate under the condo association bylaws; however, under local zoning regulations, it is not permitted to operate in its current state. In fact, his business is not a "home operation", as is required by zoning regulations. The business is not even a home-it's a commercial business where the operations are highly visible from my view and the street view. If I were to sell the property, my view of his operations would hurt my resale value. County records indicate it is commercial but local regulations do not permit commercial operations in residential zoned areas. Perhaps he was grandfathered in, but that still should not override the visibility of his operations in a residential zone. The entire make-up of the community is residential, and there aren't any other commercial operations in the area. Any thoughts?

The area between my property and the business is NOT a high traffic area, and clients of the business do not need to use the area to access the business. Very few people (less than 3 people a day) use the area. It is a non-street-facing, landscaped easement with a small walkway leading from the street to the condo courtyard.

As for the cameras, I'm not certain what the owner intends to capture. If he is concerned about security, he would shut his blinds after normal business hours to deter theft of his computers, files and equipment. State law dictates that cameras cannot be placed in a manner that captures windows of neighboring properties.

Of note, his outward facing computer screens display PII and other information of a confidential nature. If his clients and the professional licensing department learn of a breach of confidentiality, he could be in big trouble. As a business owner, I would be more concerned with guarding the information. On many occasions, I've looked outside my window and could see SSNs, names, addresses, credit reports, etc. Obviously, I don't want or need the information, but I work with the federal government and realize the liability of his current operations. What an idiot!

I'm probably in a better position to contact the zoning authorities. I would kill two (or three) birds with one stone: force him to close his blinds so "external evidence or effect of such operation" is abated (this includes seeing him visibly touching himself, yuck), avoid his surveillance cameras that are outward facing, and possibly save his business from closure due to identity theft of information he conspicuously displays.

I suppose I'll let them (the authorities) be the bad guys who fine him and require him to abate the situation by closing his blinds.

Any other thoughts on this situation?