Florida StatueSecuirty Cameras

Started by JosephC17 • 9 replies • 300 views

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JosephC17 (Florida)
Posts: 8

Posted:

Do the installation of security cameras in the whole development (hallways, laundry rooms..etc) need owner approval under the
Condo Laws in Florida? Or can the board vote alone to buy and install?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The board is spending the HOA money on the project. So they must vote to spend. Is this a project the members want?

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joseph

Installing cameras might well be a Capital Improvement thus requiring member approval.

JosephC17 (Florida)
Posts: 8

Posted:

the cameras were installed without member approval, i have read any material alteration in the common elements requires 75% member approval

also see a couple opinions on legal blogs here is the link: https://www.floridacondohoalawblog.com/2022/01/28/more-on-the-installation-of-security-cameras/

I have relayed this to our board as a decision that they have "overstepped" their authority

please read and leave your opinion as a lay person?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Maybe provide more details before judging how someone answers. Plus we are not lawyers. It does nothing to quote a law to us. That is a court room.

What is the problem with the cameras besides the board paying for them? Is it just principal?

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joseph,

Regardless of what what we may think, per the article you provided, it appears that FL courts believe that installing cameras is a material alteration.

The question is, what are you willing to do about it?

Will you spend funds and energy to bring about legal action?
Will you take the time to gather others and replace the board (perhaps with yourself willing to serve)?
Will you simply sit back with the knowledge you were right and the board was wrong?

KerryL1 (California)
Posts: 14,550

Posted:

May HOA boards add security cameras to their common areas? First, turn to the covenants and possibly Articles of Incorporation to find what the "purpose" and duties of the Association are. Let me know, please, Joseph.

Our CC&Rs, for instance, state in part under the title "Declaration" the Association provides a "... furtherance of a plan of Condominium ownership for the... protection [etc.]... of the Property, and all of which are declared and agreed to be for the purpose of enhancing, maintaining and protecting the value and attractiveness of the Property."

Our developer would not have sold any condo unit in our central urban sq. block high rise if there were no security components & staff. So, from Day 1, there were security cameras. But many more have been added over time as certain vulnerabilities were discovered. their present has saved our hOA thousands of dollars over 20 years due mainly to identifying damage done by residents--mostly accidental-- that needed repair.

To me, our CC&rs this gives the board the authority to add components that protect the common areas. These might be higher gates/fences/walls. These might be access control officers. These would include cameras. So, imo, the Board may purchase/install security cameras.

I don't know at what point this would be considered a "capital expenditure"; I think it depends on what portion of the op. budget this expenditure uses.

TerriS6 (California)
Posts: 3,284

Posted:

Usually, the capital improvement requiring a vote is tied to a percentage of the budget. For example, ours says if the improvement is more than 5% of the budget, it needs owner approval.

MarshallT (New York)
Posts: 414

Posted:

It's true the board may not have required a vote if the project cost a certain amount of money. But should it have consulted owners first? Or at least notified owners ahead of time? Absolutely.

MarkM19 (Texas)
Posts: 1,459

Posted:

Joesph,
It appears like these cameras have raised some concerns from you. My questions are below.

1) Has there been some vandalization in the space these cameras are now covering?
2) Are you in an area where crime is on the rise?
3) Has the board raised dues to cover this expense?
4) Are you willing to do as John asked and fight this?

I am sure if someone in your family circle was to become a victim of a crime, you would be happy with any tool that could identify the perpetrator. Cameras are literally everywhere you go when you leave your home. You are constantly under surveillance. This is not to mention the one in every person's pocket.

I am a board president and I have to speak on your boards behave. This is the best money spent because cameras if installed properly work 24/7/365 and with proper signage can cause vandals to look for easier targets.

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