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