Is it an invasion of privacy for a HOA to take photos of your property?

The term "invasion of privacy" really encompasses five different types of claims in the State of Nevada: (1) unreasonable intrusion upon the seclusion of another; (2) appropriation of the name or likeness of another; (3) unreasonable publicity given to private facts; (4) publicity unreasonably placing another in a false light before the public and (5) invasion of the right of publicity. It is the first one that people usually associate with the concept of invasion of privacy and one that is discussed below. The claim for "intrusion" requires: (1) an intentional intrusion (physical or otherwise); (2) on the solitude or seclusion of another; (3) that would be highly offensive to a reasonable person.  You have to show that you have an actual and reasonable expectation of seclusion or solitude.  The Nevada Supreme Court has stated that there is no invasion of privacy to photograph a person in a public place because the person is in plain view and has no expectation that what is publicly viewable is in any manner private.  Therefore the focus of the inquiry would be on whether the area that was photographed was publicly viewable and is an area where you expect secrecy, privacy and seclusion; the expectations for a front yard and a walled-in backyard are therefore different. The questions regarding what types of intrusions are highly offensive is a flexible question based upon the nature of the intrusion.  Therefore this question is highly fact-specific, including the degree of intrusion (photographed from street versus climbing over your fence to photograph), the circumstances surrounding the intrusion (is it HOA routine checks versus surveillance) as well as the intruder's motives and objectives, the setting into which he intrudes (backyard versus bathroom), and the expectations of those whose privacy is invaded. In this manner, a Court might look to whether you voluntarily waived any rights to privacy by purchasing a property which is subject to CC&Rs which give the HOA the right and obligation to monitor compliance in the maintenance of the property and to photograph alleged violations for evidentiary purposes.  In this matter, the question of photographs being taken from the street versus coming onto your property become additionally relevant.