HOA Security Tape Access

If it is the HOA's camera, then yes the Board should have access to it. If they do not want to share it with the involved homeowners, then one or the other of them would need to file a court case over the matter (even a small claims case) and subpoena the tape before it is erased or recorded over.

With respect to photgraphic or video recording, generally but with a FEW exceptions, there is NO expectation of PRIVACY in public. We are all probably aware of that by now.

Having said that though even secret/spy "nanny cams" have been used to prosecute individuals in a private setting.

Given the scarcity of details provided here: if the system is owned, operated, and maintained by the HOA membership as a common expense to all memebers then the images are the members property as well. ALL members have the right to view it.

I would arrange a viewing for all parties interested and clear up this case ASAP. Be prepared for the parties to request copies should they need the evidence in the future if the incident could precipitate such.

The HOA should have a clear policy regarding this practice in place BEFORE comissioning these types of systems.

I think you may be missing the point Susan.

The question is availability of the images to the membership, specifically those involved, not just the BOD (for example). If a crime was comitted and there is data available it will be requested by local law enf. and would be required to be submitted.

If I were at the pool, under surveilance, whether it be known or not, and someone stole my wallet while I was swimming, or started a situation (assault, battery) because I was in his/her "favorite" chaise lounge, upon discovery of it's existance I would want the taped evidence to prove who was responsible or defend myself civily.

That is what I saw the issue to be here.

Perhaps some details would help...

A homeowner (HO) was banned from the pool and rec facilities by the property manager after an altercation at the pool. A hearing was set before the BOD 11 days later (my wife is on the BOD). The banning was based on the word of the pool manager, however, the altercation involved the pool manager and her husband (non-tenant/owners).

Immediately after the incident the HO asked the property manager for a copy of the security tape in writing. A day before the hearing (11 days later) the property manager wrote that such a tape is the property of the Association and not available to the HO or to the BOD (as noted, my wife is on the BOD).

The incident was the result of the HO asking the pool manager why she was not applying the pool visitor rules to her personal friends. According to published pool rules she is supposed to have all guests sign in and pay a fee. She had not been doing this, but she was charging guests of members the fee. When the HO was told to leave the pool by the manager, he refused because he is a member in good standing.

The pool manager's husband bumped the HO with his chest and threatened him. He had to be restrained from attacking the HO. The pool manager told the police that the HO had grabbed her arm and did not tell them or the property manager about the attempted assault.

The HO thus asked for the security tape so the BOD could review it and clearly see what happened. The BOD has not been allowed to see the tape (which may now be lost). The HO is still banned.

Hope that helps put some meat on the bones.

It seems to me that if the recording would vindicate the pool manager and his wife they would want it viewed ASAP. It seems they have something to hide and I would recommend the BOD view not only that one but others as well. If the H/O's allegations are correct the pool managers wife may be stealing by letting her friends in without payment.

Michael unless your HOA is still under Declarant/Developer control then the MC works for the BOD not the other way around and if the BOD wants the tape then the MC needs to produce it. IMO The BOD also needs to rescind the ban on the H/O and allow them back into the pool.

Here is my take on this with a disclaimer not knowing North Carolina law.

First, it appears the BOD is requesting the tape also and the MC is saying it is "Association" property. According to my CCR's it states that the Board of Board of Director is the governing body of the Association, not the MC or the Attorney.

Second, from what has been posted it appears that the wronged party is requesting the tape to prove their innocence. I haven't seen posted the pool manager wanting to see the tape to prove their innocence.