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FredJ6 (Tennessee)
Posts: 3
Posted:
Our community has five (5) eight (8) unit (4 up 4 down)condo buildings. Each building has 2 common entry ways with each serving 2 upper and 2 lower units. A downstairs unit owner has placed 2 security cameras on the outside of her unit. One (1) camera faces the parking lot and the other faces the common entry way. The subject unit owner's downstairs neighbor had lodged a complaint stating that the camera facing the common entry way is an invasion of her privacy since it records her coming and going and people she invites to her home without her permission. Has anyone had an issue like this? If not any suggestions on how to respond to the complaining neighbor or the cameras owner? Note that there appears to be a personality conflict between the neighbors.

Thank you.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Did the owner get prior approval from the Association before installing the cameras?

Do the cameras record video and audio or simply video?

KerryL1 (California)
Posts: 14,550
Posted:
Tim's question is a good one because, if like our condo, nothing can be bolted to the exterior of our units including our exclusive use balconies.

At our condo there are cameras at all entrances, in our 4 elevators and elsewhere.

If I wanted to, I could hang out at an unoccupied security officer's desk, and there's always one of our two, and watch the cameras for as long as I wished. I'd see everyone's comings & goings, their pizza deliveries, the amorous couples in the elevators, the young ladies in bikinis at the pool etc., etc.

When HOA members are in the common areas, there should be no expectation of privacy just as we know cameras are in our supermarkets watching us, etc. I don't think the lady needs any attention from your Board. This is not an HOA issues unless the cameras are mounted improperly in the physical sense.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By FredJ6 on 08/04/2015 1:16 PM
The subject unit owner's downstairs neighbor had lodged a complaint stating that the camera facing the common entry way is an invasion of her privacy since it records her coming and going and people she invites to her home without her permission.


There is no right to, or reasonable expectation of, privacy in common areas. The complainer has no lawful basis for claiming a right to privacy.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By LarryB13 on 08/04/2015 9:06 PM
Posted By FredJ6 on 08/04/2015 1:16 PM
The subject unit owner's downstairs neighbor had lodged a complaint stating that the camera facing the common entry way is an invasion of her privacy since it records her coming and going and people she invites to her home without her permission.


There is no right to, or reasonable expectation of, privacy in common areas. The complainer has no lawful basis for claiming a right to privacy.


Not sure if I agree Larry.

I think a person may have a right to some level of privacy at the entry to his/her own home. Put differently, I don't think that there is an unrestricted right to video the entry of another person's home.

We had a somewhat similar complaint a few years ago. We asked for and got copies of a few tapes. The video camera had been directed at common space and not at the entry of the neighbor's home. It was obvious from the angle of the camera that the videotaper was focused on parking and who was approaching her car. In our opinion, no privacy expectation re cars.

Because of the unique circumstances, we could have just as easily said that it wasn't an HOA problem. Not sure why we decided to address it.

Sikubali jukumu. Read all posts at your own risk.
AnnH5 (Florida)
Posts: 304
Posted:
Not sure about each states law but I think that in my state, a sign must be posted that says the common areas are under video surveillance? It is one thing to have a video camera recording private property. Entirely different matter to record public areas.
MikeS1
Posts: 521
Posted:
IMO the only issue here is that the unit owner installed the cameras outside of their home in common area and apparently did not get permission to do so. Usually most laws say that there must be sign, but there are no expectations of privacy outside your home.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I guess the question is the inside of one's building considered private property for video recording purposes? If not, then is she allowed to install anything on common property without permission for the BOD/ACC?

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