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: hayley.gath@mathewshuntlegal.com.au
P: 07 5555 8000
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