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NSW: Can strata refuse security camera installation on common property outside a unit door?

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Question: My daughter’s request for approval to install a security camera outside of her unit door was denied. Is this reasonable?

My daughter owns a lot in a small multi use complex. Her lot is her primary place of residence. She recently commenced short term rental of her lot to assist with mortgage payments. She is fully compliant with all STRA registration requirements and notified the owners corporation via the strata manager prior to commencing STRA.

She requested approval from the owners corporation to install a security camera outside her unit door. Several shops on the ground floor of the complex have external cameras installed. The request was denied.

My daughter has asked all other residents on her floor if they have any issues with her installing a security camera. No one has any concerns.

Answer: A common property rights by-law must not be unreasonably refused or you can go to NCAT for an order that NCAT makes the by-law.

I can only make general statements as I am not engaged to provide advice. These statements may or may not assist your daughter.

If the camera is installed on common property:

  1. It is not her lot property. This means that section 8 of the Surveillance Devices Act 2007 applies. This section makes it illegal for a person to install a CCTV camera on somebody else’s property without the consent of that other person.

Note that there is nothing in the Surveillance Devices Act 2007 that prevents a person from installing a CCTV camera on a property that they own or with the consent of the owner of that property and recording activities on a neighbouring property provided that it records visual, not audio footage.

My thoughts are that your daughter should have a motion drafted for a by-law to authorise her to install the CCTV cameras and keep them on the common property. A common property rights by-law must not be unreasonably refused or you can go to NCAT for an order that NCAT makes the by-law. The other option would be to install a ring camera or similar. These are within the lot and use a peephole (if there is one).

This post appears in Strata News #646.

Allison Benson
Kerin Benson Lawyers
E: allison@kerinbensonlawyers.com.au
P: 02 4032 7990

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About Allison Benson

Allison is a strata lawyer who has provided general strata advice, acted in strata disputes (including building defect disputes) and worked with clients in preparing and enforcing by-laws and strata management statements, since 2008. From 2012 onwards, Allison has acted exclusively on behalf of owners corporations and lot owners in respect of both strata and community association disputes and building and construction disputes.

Allison has extensive experience in commercial litigation and dispute resolution, having represented clients in contractual claims, interpretation of by-laws and rules, Home Building Act claims and levy recovery claims at all levels of court proceedings, including in the Court of Appeal and in the former CTTT (now the NSW Civil and Administrative Tribunal known as NCAT). Allison’s knowledge across a variety of strata schemes matters enables her to advise owners corporations, lot owners and other interested parties on a range of issues and to represent their interests both informally and before the courts.

Allison is a member of the Australian College of Community Association Lawyers (ACCAL), the Newcastle Law Society and the Society of Construction Law Australia. She holds a Bachelor of Laws (Hons) from Macquarie University and a Bachelor of Business from the University of Newcastle.
Allison's LinkedIn Profile.
Allison is a regular contributor to LookUpStrata. You can take a look at Allison's articles here .

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