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ACT: How can we enforce by-laws if the committee will not use CCTV footage?

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Question: Our OC has a high number of breaching residents but the committee is concerned to monitor the CCTV footage for privacy reasons. How do we proceed?

Residents in our owners corporation(OC) regularly breach by-laws by dumping rubbish, incorrectly disposing of rubbish, improperly using parking areas, and leaving shopping trolleys at the front and rear of our complex. The OC currently pays for damage and clean-up caused by these breaches.

When I questioned the newly appointed strata manager, they said the committee is too concerned about privacy to engage with the people involved, and no one wants to review the CCTV footage.

Can the OC use CCTV footage to identify and address by-law breaches? What practical steps can the committee take to enforce by-laws if they refuse to use CCTV footage due to privacy concerns?

Answer: The plan needs to establish a rule for viewing CCTV footage.

We presume this is a multi-storey complex near a shopping centre or a mixed-use development. Unfortunately, these are common issues. If anyone has a solution, then we would love to hear it.

If the EC is reluctant to view the CCTV footage, the OC could engage a contractor to do so. However, the plan needs to establish a rule for viewing CCTV footage. For example, what happens if there is a request from the police or a building manager (if the plan has one)?

These issues need to be discussed with the EC to establish policies and procedures in the future. For buildings with a high number of rental units, it is more difficult to monitor and take action when the resident’s unit is unknown. Even if the committee can view the CCT footage, will it identify the culprits?

A few actions which may assist:

  • Maybe this owner should nominate for the EC at the next AGM to help drive change.

  • The OC could strengthen their rules, register them after the next AGM, and post them on a notice board at the complex.

  • Speak with the relevant shops and ask for more frequent trolley pickup.

  • To stop the incorrect use of car parks, owners may request consent to install pop-up bollards.

This post appears in Strata News #785.

Jan Browne
Bridge Strata
E: jan@bridgestrata.com.au
P: 02 6109 7700

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About Jan Browne, Bridge Strata

Jan has worked in the Strata Industry since 1988. Jan is a partner and director of Bridge Strata and managing ACT and New South Wales schemes. Jan has been a member of SCA New South Wales for a number of years and served on the licenced manager's subcommittee. She's also a member of the SCA National Professional Standards subcommittee, as well as the recipient of many awards within the strata industry.

Jan is a regular contributor to LookUpStrata. You can take a look at Jan’s articles here .

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