Question: Can a strata committee install CCTV cameras on common property without a general meeting motion or a registered by-law?
We are in a 12-lot NSW strata scheme. The strata committee has not held compliant strata committee meetings for several years and has made decisions in undocumented meetings. Owners then receive special levies for major capital works, including a recent proposal of around $1 million, without clear records or committee minutes.
Recently, the committee arranged for the installation of CCTV cameras throughout common property without putting a motion to owners at a general meeting and without making or registering a by-law. We do not know whether the cameras record audio. Some cameras appear to swivel, so it is unclear what areas they cover.
The committee and strata managing agent do not respond to emails, do not provide clear reporting on expenditure, and told owners they will not be given access to CCTV recordings even if they need to investigate an incident. I am preparing an application under section 237 of the Strata Schemes Management Act 2015, but in the meantime, what options do owners have to challenge or stop unapproved CCTV installation, require proper records and meeting compliance, and seek removal of the cameras if required?
Answer: Installing CCTV cameras on common property requires a special resolution and a registered by-law.
I cannot comment on specific circumstances. As you are considering applying for the appointment of a compulsory strata manager pursuant to section 237 of the Strata Schemes Management Act 2015 (NSW) (“SSMA”), I strongly encourage you to seek legal advice. I can comment on the various issues raised in the inquiry.
First, the installation of CCTV cameras on common property by the owners corporation, as directed by the strata committee, will require a special resolution and registration of a by-law pursuant to section 108 of the SSMA. It’s important to note that section 110, minor renovations, is not a pathway open to the owners corporation, as it is strictly in respect of “[t]he owner of a lot”: c.f. section 110(1).
Second, the protocol for strata committee meetings is set out in Schedule 2 of the SSMA. For schemes that are “not a large strata scheme” (i.e., not more than 100 lots), notice of strata committee meetings must be given by displaying it on the building notice board or by serving it to each owner pursuant to section 263 of the SSMA. This must be done at least 3 days prior to the meeting: schedule 2, section 5. Minutes of strata committee meetings are to be kept and maintained and must within 7 days after the meeting be given to each owner (for schemes which are “not a large strata scheme”): schedule 2, section 17.
Third, special levies may only be struck at a general meeting by an ordinary resolution: section 81(4). This cannot be decided by the strata committee alone.
Fourth, schedule 1 of the SSMA sets out the requirements for a general meeting, and this includes review of the capital works fund (c.f. schedule 1, section 6(c)) and provision of financial statements to owners at the general meeting if requested (c.f. schedule 1, section 10).
Fifth, the SSMA states that some of the functions of the secretary of the owners corporation include, but are not limited to:
- preparing and distributing minutes of meetings;
- giving notices on behalf of the owners corporation and the strata committee; and
- answering communications addressed to the owners corporation: section 43.
Section 54 of the SSMA allows the exercise of functions of, inter alia, the secretary to be delegated to the strata managing agent. Accordingly, either the secretary or the delegated strata managing agent is required, pursuant to the SSMA, to respond to communications and inquiries to the owners corporation.
Sixth, access in respect of CCTV recordings taken by the owners corporation. The SSMA has provisions in respect of what records the owners corporation is to maintain and make available for inspection, and these are set out in section 182 of the SSMA and regulation 42 of the Strata Scheme Management Regulation 2016. These do not expressly mention CCTV footage; however, section 182(3)(j) contains a very broad category of “any other record or document in the custody or under the control of the owners corporation,” which would likely include CCTV footage. The owners corporation’s documents can be inspected pursuant to the process set out in section 183 of the SSMA.
However, even on this reading, this would only include footage held by the owners corporation. It does not address the owners corporation’s policy in respect of CCTV footage. In Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77, the Appeal upheld the decision at first instance, which had stated in obiter:
“If there is to be any change in the [owners corporation’s] current policy in relation to access to CCTV footage then that should be considered at a meeting of the [owners corporation] so as to provide all lot owners with an opportunity to be heard in relation to what should be the policy in relation to access to CCTV footage.”
Last, in respect of what action may be taken to remove CCTV cameras installed on common property, any lot owner may, subject to sufficient notice, request a motion be included in the agenda for the next general meeting, pursuant to schedule 1, section 4. Thus, a lot owner may request a motion to remove the CCTV cameras for consideration at the next general meeting. Aside from the removal of the CCTV cameras by resolution, if the CCTV cameras infringe on the rights of others, one can apply for removal at NCAT: c.f. section 153 (this is assuming the CCTV cameras were installed validly).
This post appears in Strata News #788.
Matthew Lo Kerin Benson Lawyers E: enquiries@kerinbensonlawyers.com.au P: 02 8706 7060
