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:
- 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