This Q&A is about whether lot owners are able to access body corporate CCTV footage.
Table of Contents:
- QUESTION: I have installed CCTV. This was discussed at a previous AGM, but no agreement was reached and the discussion was not minuted. What happens now?
- QUESTION: A lot owner has cameras install throughout the building. The CCTV feeds go to his apartment so he has control of all footage. Is this legal?
- QUESTION: Legally, how long do CCTV records need to be kept?
- QUESTION: A lot owner with majority voting rights has installed CCTV cameras without approval. He refuses to allow footage to be viewed. Can we have the CCTV Cameras removed?
- 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?
Question: I have installed CCTV. This was discussed at a previous AGM, but no agreement was reached and the discussion was not minuted. What happens now?
As a unit owner in a 4 unit complex, I have installed CCTV. On a previous Body Corp AGM, the question of CCTV was discussed, but the owners could not agree to a system that would satisfy everybody’s needs. It was, however, agreed that individual owners could arrange their own CCTV.
Unfortunately, it was not mentioned in the Minutes of the meeting, and the Body Corp says that the permission to install CCTV is null and void.
We are the only Owner-Occupier in the block and therefore have different priorities to that of an absentee investor. We are now required to lodge an application for the CCTV that could be denied. What are our options?
Answer: Even if the installation was discussed at a general meeting, for any approval to exist a resolution is required.
Even if the installation was discussed at a general meeting, for any approval to exist a resolution is required.
The lot owner should submit a motion to the body corporate to be considered. If the committee has any reasonable concerns with the proposal, it should ventilate them with the owner and give the owner the opportunity to make adjustments to the proposal or include conditions on the approval.
If the body corporate acts unreasonably in its concerns, or in refusing to provide approval, the lot owner has rights to have the decision overturned in the Commissioner’s Office.
Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753
This post appears in the April 2021 edition of The QLD Strata Magazine.
Question: A lot owner has cameras install throughout the building. The CCTV feeds go to his apartment so he has control of all footage. Is this legal?
The owner of the penthouse in our building has put a camera on the driveway and is in the process of installing additional cameras within the building. He has got the CCTV feeds going to his apartment so he has control of all footage.
Is this legal? He does not have permission nor has he advised any other lot owners in the building.
Also, shouldn’t the building manager / caretaker be the person who accesses the CCTV footage?
Answer: Cameras can only be installed on common property with the approval of the Body Corporate, as it is an improvement to common property for the benefit of a lot.
Cameras can only be installed on common property with the approval of the Body Corporate, as it is an improvement to common property for the benefit of a lot. Additionally, approval is likely required pursuant to the by-laws.
Assuming that the cameras have been installed on common property, your complaint should first be sent to the Committee. If no action is taken, and you are not comfortable approaching the owner of the penthouse directly, then the next step will be filing an application in the Commissioner’s Office.
Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000
This post appears in the March 2021 edition of The QLD Strata Magazine.
Question: Legally, how long do CCTV records need to be kept?
Answer: There are no legislative requirements on the length of time the footage is required to be preserved by the Body Corporate.
As CCTV footage is not a record that the Body Corporate is required to keep pursuant to the legislation, there are no legislative requirements on the length of time the footage is required to be preserved by the Body Corporate.
However, if the Committee is aware of a current request for CCTV footage of a particular time/period, it would be unreasonable for the Committee to delete the footage before the request has been fulfilled (see for example the adjudicator’s comments at paragraphs 39 and 40 in Dakota at 88 Macquarie Street [2019] QBCCMCmr 530 (18 October 2019)).
Alanna Hill
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000
This post appears in Strata News #452.
Question: A lot owner with majority voting rights has installed CCTV cameras without approval. He refuses to allow footage to be viewed. Can we have the CCTV Cameras removed?
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 for 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.
Answer: CCTV cameras are not required to be authorised by the Body Corporate unless….
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:
- approval is required pursuant to the Scheme’s by-laws; or
- 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.
Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000
This post appears in Strata News #443.
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]
P: 07 5555 8000
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 the 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]
P: 07 5555 8000
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
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000
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
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I think it would be a bad idea to allow any resident or tenant in apartment block to have access to any cctv without security guard, caretaker or building manager present! You may see things that are not your business and can use it against the resident! Here is just a harmless incident. I was doing relieving building manager work in apartment building that the chairman was a retired QC, we had a resident spill some milk in the lift and didn’t clean it up, after going through cctv and seeing who it was. I called the chairman to not only tell him who it was but show him cctv footage and he refused to look at it for privacy reasons and asked me to talk to the person privately and should they deny it was them to tell them we have cctv footage and on request only show them a still photo or just the recorded footage with them only and not 1 second before or after. He explained “We Have a STRICT privacy policy” and this was about 17 years ago.
Another building did not even want anyone to see any footage so they cannot see the building cctv blind spots or which cameras are dummy cctv.
About paying fee’s! It all depends on the building staff time budget! if the building only has cleaner who comes in for few hours a day or is not qualified to operate cctv and you need to call out your cctv installer or if you have security company to come out on request to unload footage. If your caretaker/building manager was called out after hours to do cctv or other work on request from police or OC then a call out fee should apply. These are just some rules or cctv etiquette in the buildings that myself and colleagues in Melbourne have worked in.
The OC committee from these buildings in Melbourne has passed a motion to have these rules. Hope this helps.
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?
The following response has been provided by Alanna Hill, Mathews Hunt Legal:
Hi Trish,
While a decision has been made to purchase and install CCTV cameras on common property, there is no legislative obligation to ensure all areas of the Scheme are monitored by these cameras.
Additionally, individual Committee members are protected from civil liability while they are acting in good faith and without negligence.
How long do CCTV records need to be kept legally?
Hi Gerry,
Alanna Hill, Mathews Hunt Legal has responded to your question in the above article.
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.
Hi Dorothy,
Hayley Gath from Mathews Hunt Legal has responded to your comment in the article above.
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!!!