The First Case – A Couple of Cameras
Background
In mid-2018, the lot owner moved back into a unit owned by her and which had been let to tenants. Due to her concerns about a level of “dispute” within the strata scheme, the lot owner installed 2 security cameras on the (common property) building – 1 outside the main bedroom of her unit, and 1 outside the kitchen. The security cameras were motion-activated and recorded footage which was then stored on a hard drive.
- “An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the owners corporation.
- An approval given by the owners corporation under clause (1) cannot authorise any additions to the common property.”
Surveillance Devices Act
The Tribunal also brought to the attention of the lot owner that in recording footage of persons outside of her lot, the lot owner was likely to be in breach of section 8 of the Surveillance Devices Act. The Tribunal noted that a breach of section 8 of the Surveillance Devices Act was punishable by a significant fine or imprisonment.The Second Case – Half a Dozen Cameras!
Background
In another decision handed down recently, the Tribunal was once again required to consider circumstances where a lot owner had installed multiple security cameras on common property walls. In this case, the lot owner had installed:- 3 CCTV cameras facing the backyard;
- 1 CCTV camera facing the main entry door of her lot;
- 1 CCTV camera facing her garage door and parking spots; and
- 1 CCTV camera facing the common property driveway containing the rubbish
- The lot owner did not obtain the consent of the owners corporation to the installation of any of these cameras.
Failure to Comply with By-Law
As with the case referred to above, the owners corporation drew to the attention of the Tribunal one of its by-laws, being Special By-Law No. 3, which stated: “An owner or occupier of a lot must not, except with the prior written approval of the owners corporation, install, use or maintain an optical or audio surveillance device on their lot, or on common property in order to record visually or aurally, or observe or listen to the carrying on of an activity.” In light of the failure of the lot owner to obtain the owners corporation’s approval, here the Tribunal made an order that if the lot owner did not remove the security cameras herself, that the owners corporation was entitled to do so, at the lot owner’s cost. In this case, the Tribunal again referred to the potential application of section 8 of the Surveillance Devices Act, and the risk that the lot owner placed herself in, in recording footage.Lessons for Owners Corporations
Almost every owners corporation will have a by-law or by-laws which will be able to prevent a lot owner from installing CCTV cameras on common property without the consent of the owners corporation, and owners corporations should not hesitate to require lot owners to comply by either obtaining consent from the owners corporation or removing CCTV cameras which have been installed without consent. It is also timely for strata managers to bring to the attention of owners corporations the potential difficulties for individuals and for corporations under the Surveillance Devices Act, and the need to take great care when it comes to the installation of surveillance devices. If owners corporations take the step of initiating security cameras themselves, they risk committing an offence pursuant to the Surveillance Devices Act.Have a question or something to add to the article? Leave a comment below.
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