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Real Estate & Property Law

: California Condo & HOA Law

The Need for Security vs. The Desire for Privacy - Which Wins?

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Security Cameras, Can They Be A Breach of Privacy?

Here is an interesting contradiction sent in by a reader:

"I am currently on the "Security Committee" of my Condo Association. We are in the process of looking for way to make the complex safer for those who live here. The conversations have taken a strange turn, however, with some in the committee suggesting that we install security cameras everywhere. This may make sense from one perspective, as we may be installing HOA-Owned Laundry Machines in the Laundry rooms, and we have had some vandalism in the Gym. However, they are also advancing the idea that the clubhouse should also be camera-equipped as well.

A lot of this concerns me, as I am a big advocate of privacy rights. I might understand if there was a practical reason to do so. But we have had no incidents of theft or vandalism in the Clubhouse. Moreover, members rent it to use, sign a contract, are issued a key, and are responsible for leaving it as they found it.

Is it an unreasonable expectation for Clubhouse renters to view this as a private space for their contracted time? And if this is even legal, what steps does the HOA need to take to alert the membership that virtually everything they do in the common areas will be filmed?.

In addition, they are advocating a website wherein all residents can log in and monitor the common areas.

I could find nothing in Davis Sterling that addresses this. I'm wondering if you could give me some ideas about where else to look."

There is nothing in the Davis Stirling Act about this. When a Condo Association (or HOA for that matter) is considering installing security cameras, it does have to consider these types of things though. I do not know of any California resource or case that gives a definitive answer about where the line is drawn on an issue like this that involves security vs. privacy issues. If the Board was considering viewing restricted common area or exclusive use common area, there would be a stronger argument that a breach of privacy would occur.

However, as to common area that is nonexclusive to all owners, what I can say with certainty is:

There is no expectation of privacy in the common areas; however, if the Board is considering installing security cameras at the least, I think that it ought to

Survey the owners to get their feedback on the locations and cost
Consider whether the area(s) in question is/are a problem area
If they are installed, make sure the owners/residents receive some kind of notice

As for having a website where all owners can view areas covered by the cameras, that is a bit cheeky. I do not believe it is illegal, but sounds a bit "voyeuristic" (is that a word?) . I think the better approach might be to have recordings made that could be viewed if there is a problem in any of the areas covered or have some plan for viewing by a security company or committee or some small audience that has a role to fulfill.

If anyone wants to weigh in, send an email.

Full post as published by California Condo & HOA Law on February 25, 2009 (boomark / email).