This Q&A about whether lot owners are able to access body corporate CCTV footage has been answered by Peter Hunt and Hayley Gath, Mathews Hunt Legal.
Table of Contents:
- QUESTION: Is it advisable for an owners corporation to have a written policy for CCTV Cameras governing the system parameters, system access controls, and privacy protection?
- QUESTION: Members of the Committee have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.
- QUESTION: Is the body corporate obliged to allow the lot owner to view CCTV footage and, if yes, should a member of the body corporate committee supervise the viewing?
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Question: Is it advisable for an owners corporation to have a written policy for CCTV Cameras governing the system parameters, system access controls, and privacy protection?
Answer: If you believe that a policy of this nature should be implemented, then I recommend that you submit a motion (as a lot owner) for inclusion on the next general meeting agenda for owners to consider.
The use and operation of CCTV cameras is already regulated by laws in Queensland (for example, the Queensland Criminal Code).
It is therefore ultimately a matter for the Committee and Body Corporate to determine whether it is appropriate for the Body Corporate to pass a resolution regarding the use and/or operation of the CCTV system. There are a number of factors which will determine the usefulness of a CCTV ‘policy’, such as the size of the Scheme and the location of the CCTV controls.
If you believe that a policy of this nature should be implemented, then I recommend that you submit a motion (as a lot owner) for inclusion on the next general meeting agenda for owners to consider.
Hayley Gath
Mathews Hunt Legal
E: [email protected]
This post appears in Strata News #433.
Question: Members of the Committee have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.
Answer: The body corporate legislation does not address this issue specifically.
The body corporate legislation does not address this issue specifically. However, if you object to Committee members having access to the CCTV of common property on their phones, I recommend that you submit a motion (as a lot owner) for inclusion on the next general meeting agenda for owners to consider restricting access to the CCTV footage. Please note that this resolution cannot prevent the rights that an interested person has to obtain CCTV as an ‘interested person’ pursuant to s.205 of the Act.
Hayley Gath
Mathews Hunt Legal
E: [email protected]
This post appears in Strata News #428.
Question: Is the body corporate obliged to allow the lot owner to view CCTV footage and, if yes, should a member of the body corporate committee supervise the viewing?
There was a recent incident in the underground car park of our unit development involving tampering with an owner`s vehicle. There is a CCTV camera which covers the area where the vehicle is parked and the owner has sought permission to view the footage in the time frame when the incident occurred.
Is the body corporate obliged to allow the lot owner to view the relevant CCTV footage and, if yes, should a member of the body corporate committee supervise the viewing?
Answer: An owner can access body corporate CCTV footage within seven days of making a written request and payment of the prescribed fee.
Adjudicators have held that the body corporate’s records include information stored or recorded on a computer such as CCTV footage.
There is no need for a committee member to supervise the viewing. However, the committee should make sure the CCTV footage cannot be deleted by the viewer and should permanently retain a copy of the relevant CCTV footage so that there is no later argument about what was seen.
If there is a genuine concern about the request for the viewing, then legal advice should be sought.
Some bodies corporate are having difficulty accessing the CCTV footage where it is kept in the caretaker’s office. As a result, those bodies corporate are upgrading their CCTV systems so that access is also available at a second location, so as to reduce conflicts with their caretakers and better protect the body corporate’s records.
Peter Hunt
E: [email protected]
W: Mathews Hunt Legal
This post appears in Strata News #274.
If you have a question about accessing body corporate CCTV footage or something to add to the article, please leave a comment below.
Read More:
- QLD: Top Tips To Improve Security in Your Apartment Building
- NSW: ‘Nothing To See Here’ Owners Corporations, Lot Owners And Security Cameras
- QLD: Camera surveillance, video, and audio recording – a community guide
Visit our Strata By-Laws and Legislation, Maintenance and Common Property OR Strata Legislation Queensland pages.
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On the subject of CCTV surveillance in a body corporate, see the very helpful fact sheet published by the BCCM Commissioner’s office.
Our Strata Committee have purchased a number of CCTV cameras for the entrance to our complex and and for the basement car park. These cameras do not cover every area of the complex. If an assault/damage to cars etc happens in an out of camera area can the committee be held accountable?
How long do CCTV records need to be kept legally?
The CCTV cameras in my block of twelve apartments and two shops are owned an operated by the owner of the shops and one apartment..
There was no approval of authority given to install theses cameras, and they have never been used for any useful purpose .
The owner says that viewing is on a “need to know basis” in other words nobody else can view this footage.
Our Strata manager for some reason is unable to have this matter rectified, the owner is the self appointed secretary, and because of being given three company nominee votes has the majority of voting rights.
So even if put on the agenda fir a Committee meeting and is voted against, he calls an EGM where his majority of votes win. This is just one of a myriad of issues in this building.
The following response has been provided by Hayley Gath, Mathews Hunt Legal:
Hi Dorothy,
Where CCTV cameras are purchased and installed by an owner, the body corporate will not be entitled to access the footage captured by those cameras unless the owner agrees to share the footage with the body corporate.
In that instance, the CCTV cameras will not be required to be authorised by the Body Corporate unless:
1. approval is required pursuant to the Scheme’s by-laws; or
2. the cameras are installed on/attached to common property (i.e. not within the boundaries of the owner’s lot/s), in which case they may require the approval of the body corporate at general meeting (see s.162 of the Accommodation Module and s.164 of the Standard Module).
However we do note that, if a serious incident occurs where access to the footage captured by the CCTV cameras is required, the Queensland Police may be able to require the owner to provide the police with a copy of any relevant footage captured by the cameras.
on the wider issue of CCTV systems, is it advisable for an owners corporation to have a written policy governing the system parameters, system access controls, and privacy protection.
Hi Seb
Hayley Gath from Mathews Hunt Legal has responded to your comment in the article above.
Two volunteers on our body corporate committee have unknown to residents been granted login access to the security cameras in our building by our security provider. They do not need to request access, there is also evidence they may be accessing footage live on their phones for at will.
What can be done about this ? We discovered this by chance.
Hi John
Hayley Gath’s response above should assist.
https://www.lookupstrata.com.au/qld-body-corporate-cctv-footage/#Q2
Members of the Committe have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.
Hi Allan
Hayley Gath from Mathews Hunt Legal has responded to your comment in the article above.
“payment of the prescribed fee” to access CCTV footage!!!
What’s the reason for prescribed fee? The owners paid for the CCTV, they own it ,not the Strata Manager. The owners pay an Administrative levy, so there should not be a fee. Sounds like another rip-off!!!