NSW: Can strata committees restrict access to CCTV footage on common property and who has viewing rights

Question: Our strata complex has video surveillance cameras in and around common property. Can the committee restrict who can view the footage?

We live in a strata complex with video surveillance cameras in and around common property.

Who is able to view video footage if an incident has occurred?

The Strata Committee currently withhold access to view footage. Lot owners must provide a detail application to the committee following this criteria:

Time Frame

• If an injury has occurred
• Common property damage
• Criminal Offence
• Police Request
• The actions of contractors or other persons may be reviewed to determine if the terms of their contract have been breached or bylaws have been breached.

Two members of the Strata Committee then view the footage. The person who raised the request is not permitted to view the footage.

We have concerns this may result in a conflict of interest if the committee members viewing the footage are involved in the matter or if they do not wish other members or associates to be implicated in a matter.

Answer: We recommend the passing of a by-law to regulate the placement thereof, viewing and storage of footage by whom and for what period of time, CCTV signage etc.

While the strata legislation does not expressly deal with the installation of CCTV, like any other installation on the common property, a special resolution by the Owners Corporation may authorise same (provided the Owners Corporation complies with the Surveillance Devices Act, 2007 (NSW) and obtains Council consent, if required, and, only common property is monitored). We recommend the passing of a by-law to regulate the placement thereof, viewing and storage of footage by whom and for what period of time, CCTV signage etc.

If the CCTV is limited to optical/video surveillance and the Owners Corporation maintains it, it will likely form part of the books and records of the Owners Corporation and theoretically be available for viewing under an inspection of Owners Corporation’s records under the strata legislation (which attracts a fee).

In our view, the footage should be available to all owners (as they all own the common property in proportion to their unit entitlements) and we understand that if you have been video recorded you have the legal right to view the footage (though you would need to seek legal advice on this aspect) as there are competing concerns.

This post appears in the September 2022 edition of The NSW Strata Magazine.

Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440