Neighborhood Security

MelissaJ5 (Texas)
Posts: 34

Posted:

Our neighborhood employs safety officers at its entrance. There are cameras in places of public areas that they can view. It was brought to the residents attention that the board president also had access to those cameras from his home. A lot of people took issue with this. Where would I look to see if this violates any code of conduct? I am in TX.

SheliaH (Indiana)
Posts: 6,964

Posted:

I don't know if there's a code of conduct for HOA board members in Texas or anywhere else, but if people are upset, they need to go to the board and demand answers. I understand why your security officers would need them, but it seems to me the board president is being nosy.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is public right? What is the issue. You can't expect privacy in a public place.

Former HOA President

BenA2 (Texas)
Posts: 1,273

Posted:

If there is nothing preventing security officers from viewing the cameras, there would be nothing preventing anyone else? I'm pretty sure it would not violate any rules or laws in Texas.

I can see how some people might think it's creepy but it could be to have an extra set of eyes. The fact he or she has access to the cameras doesn't mean they are viewing it frequently.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By BenA2 on 06/11/2020 8:53 PM
If there is nothing preventing security officers from viewing the cameras, there would be nothing preventing anyone else? I'm pretty sure it would not violate any rules or laws in Texas.

I can see how some people might think it's creepy but it could be to have an extra set of eyes. The fact he or she has access to the cameras doesn't mean they are viewing it frequently.

I agree.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By BenA2 on 06/11/2020 8:53 PM
If there is nothing preventing security officers from viewing the cameras, there would be nothing preventing anyone else? I'm pretty sure it would not violate any rules or laws in Texas.

I can see how some people might think it's creepy but it could be to have an extra set of eyes. The fact he or she has access to the cameras doesn't mean they are viewing it frequently.

Could be that the board is making sure that the security officers are doing their jobs and not ignoring problems. I think that's a good thing. Of course there is no way to tell how frequently the president is watching. You'd have to pay attention to see if the board is misusing their knowledge in some way.

I also agree with Melissa's comment: these cameras will be on common area where people have no expectation of privacy. With the proliferation of smart phones and other tech, people should assume they're being watched when they're outside of their homes (and even indoors if they have "smart home" technology).

MarshallT (New York)
Posts: 414

Posted:

Hi Melissa,

At there very least, there should be an HOA policy about who has the right to review the footage, where it is stored, how long it is kept for, etc.

This doesn't sound like a typical duty of a board president, and the community should bring the issue up.

https://hub.associaonline.com/blog/hoa-guide-to-installing-using-security-cameras#:~:text=Footage%20from%20the%20security%20cameras,limitations%20for%20personal%20injury%20claims.

KerryL1 (California)
Posts: 14,550

Posted:

Our Bylaws and CA Corporations Code permit directors to inspect all documents (with few exceptions) and HOA physical property . So I assume that includes reviewing such footage. But we director do not--leaving that to our GM.

I also wonder about the president having a monitor in his home. Wouldn't that cost the HOA something? Who approved that expense, if any?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By MelissaJ5 on 06/11/2020 2:52 PM
Our neighborhood employs safety officers at its entrance. There are cameras in places of public areas that they can view. It was brought to the residents attention that the board president also had access to those cameras from his home. A lot of people took issue with this. Where would I look to see if this violates any code of conduct? I am in TX.

From a Texas law firm, https://brettpodolsky.com/general-law/can-i-record-a-video-in-public-when-do-i-need-consent:

-- Do the cameras record sound and so conversations? If so, then the above web site says this is unlawful in Texas unless the consent of at least one party to the conversation is obtained. Note that the law firm says the posting of signs stating that recording is happening do not count as having obtained consent.

-- Are the cameras clearly visible and not hidden? If not, then this violates Texas law.

MelissaJ5 (Texas)
Posts: 34

Posted:

Quote:

Posted By AugustinD on 06/15/2020 12:39 PM

Posted By MelissaJ5 on 06/11/2020 2:52 PM
Our neighborhood employs safety officers at its entrance. There are cameras in places of public areas that they can view. It was brought to the residents attention that the board president also had access to those cameras from his home. A lot of people took issue with this. Where would I look to see if this violates any code of conduct? I am in TX.

From a Texas law firm, https://brettpodolsky.com/general-law/can-i-record-a-video-in-public-when-do-i-need-consent:

-- Do the cameras record sound and so conversations? If so, then the above web site says this is unlawful in Texas unless the consent of at least one party to the conversation is obtained. Note that the law firm says the posting of signs stating that recording is happening do not count as having obtained consent.

-- Are the cameras clearly visible and not hidden? If not, then this violates Texas law.

I will find out as I'm not sure if they record sound. There are some cameras that are not very visible and as such people are unaware of them.

MarkM19 (Texas)
Posts: 1,459

Posted:

I agree with all that cameras are everywhere and as long as the correct signage is in place no privacy should ever be expected in public areas. I get a kick out of the people that are surprised by this happening. I promise that every Walmart has a minimum of 100 cameras focused clearly on every square foot of the property. Every Store, business and certainly HOAs with Public spaces have cameras and the footage is stored for short periods of time until the new footage uses the space provided. As some have mentioned it is usual for board members to have access while they are members of the board. I think the only mistake this President may have made is by making it seem like he/she is doing something that other on the Board are unable to have access to view. That is an easy fix to share with all board members while they are members of the Board access is removed when their term is over and access is given to the next member.