Surveillance and Video Security Cameras in Condominium and Homeowners Associations

Security is a big issue for homeowners’ associations and their members. In an effort make their property more secure, associations frequently install video cameras in various locations throughout the common areas, and homeowners are installing devices like Ring doorbells with video recording capabilities. The use of surveillance cameras within condominium and other community developments requires a balancing of security concerns and privacy rights that are protected by federal, state, and sometimes local laws.

Common Area Installations.

In most instances, it is legal for a condominium or homeowners association to install surveillance cameras anywhere on common property where residents do not have a reasonable expectation of privacy, such as rest rooms and locker rooms. The scope of what is considered “privacy” rights can vary state to state. Because residents have a reasonable expectation of privacy when they are in their own homes, surveillance cameras should never be placed in a place where the cameras monitor a person’s private space or capture the inside of the separate property space. Since there is no reasonable expectation of privacy in common areas that are shared spaces such as lobbies, elevators, stairwells, pool areas, and hallways, security cameras will frequently be positioned in those areas by the governing body of the association. Owners and other occupants of separate interests do not have a right to install surveillance camera devices within the association’s common areas.

Whether there is a need for obtaining the consent of owners to the placement of cameras in common areas will depend on the language contained in the governing documents for the association. If the governing documents contain provisions that mandate notice to owners of additions, alterations or improvements to common area components, an association’s board of directors may be required to provide the association members with a formal notice before installing cameras in common areas. In many instances the notice requirement can be avoided by a board determination that the installation of the camera(s) is for the safety or security of the residents, guests, and invitees who are present on the property.

Even though it may not be mandatory, the better practice is for an association’s board to: