Assumption of privacy?

Factual Questions
1

I’m usually quite conservative, but today with this issue I might be too much of a liberal for this forum. But I still want your opinions, so here goes:

We own a condo in a large-ish suberb in Minnesota. My husband was accosted by an old lady, a neighbor from the building across the parking lot. Our girls, 2,5, and 8 yrs old had run away from him, and went behind the building (by behind I mean there’s a 8 ft wide yard then a thin strip of trees on a 10 ft wide downward slope and then another parking lot). He went to get them. The elderly neighbor tried to tell him that area was private, and was mad because her husband was not dressed and they violated her privacy (at some point she told my husband that they did not have to draw the blinds because they think its private property).

When I learned this I thought boy is she lucky I wasn’t there, or I would have argued her husband had no expectation that the area is private, because its shared property with owners, and that her husband was exposing himself by not drawing the blinds. I rather think I would have called the police, if I saw him where the kids could have seen him. (Mind you, the first floor decks are 5 ft off the ground, so chances are great that the children saw nothing)

Bear in mind I know that the spot is not an appropriate play area and I would out of courtesy discourage my kids from going there. However, I don’t think it would be unreasonable of me to ask the building manager to remind residents to close the drapes when naked, regardless of what side of the property you windows face?
Any thoughts on this situation are greatly appreciated.

2

Check your condo by-laws. Do condo owners really own the strip of land next to their building, or is all land commonly owned?

3

Don’t we have a concurrent thread about indecent exposure and being seen through a window?

4

Stuff like this is all about intent.

If said outdoor area is indeed private with respect to a specific resident, then at best there could be a trespass issue.

On the other end, reasonable expectations of privacy do not extend to what’s visible/audible in a private residence from a public or shared space.

One would have to show intent. As in, was the person outside purposely trying to view into someone’s private residence? Or, was the naked person purposely exposing themselves to the public through an open door or window? Without intent, there isn’t a crime per se.

5

The bylaws you should have received when you purchased the condo should be able to tell you, as moriah said. Also your condo should have a management company, and your community manager can probably answer this Q for you as well.