This article discusses whether a lot owner can use a dash cam in common property parking in NSW strata and explains the approval, nuisance and surveillance law considerations.
Question: Do we need owners corporation approval to use a dash camera that records while parked in the common property car park?
While our car has been parked in our allocated space in the common property car park, it has been repeatedly damaged. We have reported the damage to the police.
We want to install front and rear dash cameras in the car and have them record while the car is parked. Do we need to notify or obtain approval from the owners corporation to use a camera that records in a common property area?
Answer: The safest approach would be to propose that the owners corporation install CCTV to monitor the entire parking area.
The relevant legislation includes the Strata Schemes Management Act 2015 (SSMA) and the Surveillance Devices Act 2007.
In the context of the SSMA, the dash camera is installed in the owner’s vehicle and does not affect common property. Accordingly, no approval is required. Section 153 of the SSMA may be relevant if the recording creates a nuisance to others. In Stojiljkovic v Whittle [2021] NSWCATCD 97, the Tribunal held that a CCTV camera installed by a lot owner filming the common property would constitute nuisance under section 153 of the SSMA. The Tribunal mainly focused on whether other owners had access to the data. There are arguments available to distinguish that case. For example, the dash camera will not continuously film the common property, but only for limited periods when the vehicle is parked in the parking space.
Nevertheless, the case law indicates that the owner may face a risk of creating a nuisance to other lot owners in their use of common property.
Further, even if the client notifies the owners’ corporation and obtains consent to install the dash camera, this may not negate the nuisance issue. While the owner is not required to inform the owners corporation, the safest approach would be to propose that the owners corporation install CCTV to monitor the entire parking area.
In the context of the Surveillance Devices Act 2007, section 7 may be relevant if the dash camera is capable of recording audio. The legislation imposes stricter restrictions on recording audio without the consent of the parties to a private conversation. However, it is unlikely that a conversation in a common property car park would be regarded as private, as it is a space accessible to other owners, occupants, and visitors. Section 7 also excludes circumstances where the recording of a private conversation is unintentional.
Section 8 of the Surveillance Devices Act 2007 prohibits the installation, use or maintenance of an optical surveillance device only where it involves:
- entry onto or into premises or a vehicle without the consent of the owner or occupier;
- Interference with a vehicle or other object without the express or implied consent of the person having lawful possession or control of the vehicle or object.
Neither scenario applies in the present circumstances, as the owner has installed the dash camera in their own vehicle.
Jun Chen
Bannermans Lawyers
E: jchen@bannermans.com.au
P: 02 9929 0226
This post appears in Strata News #779.
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Read next:
- NSW: Authorising works to the common property and the resolution is required
- NSW: Q&A Requirements for installing CCTV cameras on common property in NSW strata schemes
- NSW: Q&A Who can view CCTV footage in a strata scheme
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