Board put video and audio-recording cameras in building

I live in a NYC co-op. The board put security cameras throughout the building, in hallways, storage areas and the laundry room. The cameras record both video and audio. The building superintendent (i.e., chief handyman) and property manager both have the video and audio recordings on their phones and laptops. The recordings are deleted after 30 days.

I am told by another owner that these were put up to target and monitor a few residents who the board found troublesome. I am also told (by other owners) that New York "eavesdropping" laws (such as Penal Law 250.05) seem to make audio recording a felony.

How would you respond to this? As I tell people, I expect that everything I do or say can appear on the front page of the New York Times, so I don't do or say anything that I would be upset about if it showed up on the front page, so I don't care if I'm recorded, but if this is blatantly illegal, it's troubling that a board did it.

Thoughts?

Thanks.

I'm assuming there was a Board Meeting at some point where the topic of camera purchase, install, and use was discussed and decided upon. Did you attend/participate? If so, what was the context surrounding that decision and overall plan for implementation?

If you don't have that context, it may be wise to try and obtain it directly from the Board before relying on second-hand information that may or may not be entirely accurate.

Board meetings are not disclosed to owners, and no minutes are kept.

At the most recent annual meeting (attended by 3 owners, since it's held far away from the building), one owner asked about the cameras and was told what I posted.

Thanks. The board members themselves stated that they wanted to keep an eye on a few owners.

In NY, recording audio of someone is illegal unless one party to the conversation has approved.

So, the issue in this case, is whether video and audio are being recorded?

Audio is a no no since NY requires at least one party of a conversation to approve in advance.

There is apparently no restriction wrt video recordings.

Yes, and particularly audio--and since audio recordings seem to be illegal, how to address it?

File a police report or do more?

Why in the world would a board do something so brazenly illegal and expect to get away with it?

Thanks.

When you say "Illegal" it means the evidence presented via the audio recording is NOT admissible in court. Meaning that it's of no legal benefit for them in court if they do present it. They may be able to bring just the visual form.

So calling the police has no real relevance or power. They are a corporation and protected by the "corporate shield". So considering your wanting to file criminal charges who would actually serve the jail time?

Paul,

My suggestion is to inform the board and management company of the issue.
Additionally, that they can simply disable the audio recording capability and be in compliance with the statute.

If you get push back, pay some money and have an attorney write a letter on your behalf to the board specifying the same thing. Have this delivered via certified mail to the registered agent.

I wondered whether signs or condo/co-op newsletters indicating audio recordings are taking place in the common areas denote de facto consent by anyone having a conversation in a common area. Regarding the signs, this site says yes: https://www.upcounsel.com/audio-surveillance-laws-by-state . I think it's the same as a fiduciary (like a stock brokerage or bank) stating at the beginning of a phone conversation that, 'this conversation may be recorded... ' One does not explicitly consent, but by silence, one implicitly consents to being recorded.

By this stage of angst:

1. looked for audio recording warnings that may have been posted, and if none, then,
2. formal letter to the Board, notifying them of the NY law relating to audio recording
3. I formally ask to review a snip of the camera system output to determine if it had audio

Do something to close on the issue - with the organization related to the issue.

Let us know what happens so that we may all learn.

Most, if not all of that sounds at least second hand.

Looks like you need to act to get first hand facts.

No ... that is not first hand.

First hand is reviewing what us being recorded.

Acting would be a cease and desist order - or a letter noting that will be the next action.

Why not just ask the Board to post notices in the buildings?

I kinda like a call to the local PD describing your concerns regarding being audio recorded.

Just note you have been told by the President of the Board, that you are being audio recorded, and you don’t wish to be.

See if they respond. Note carefully what they tell you.