Can I Install Cameras In My Condo

Security is a major issue for condominium communities today. Attorney Howard Goldman shares his perspective and provides legal insight into the land of condominium surveillance and security in the below article from New England Condominium.

Surveillance and the Constabulary

Maintaining Safe While Respecting Privacy

By A.J. Sidranksy | New England Condominium

Secure. The give-and-take has many meanings. Co-ordinate to Google definitions it can hateful "to gear up or attach something to something else. It can hateful to protect against threats or make condom. Or it can mean to experience free from fear or anxiety." Peradventure that feeling of security is the single most important matter we can to feel in our homes.

Security is a major issue for condominium communities today. The selection of a condominium or other communities overseen by HOAs may exist fabricated over a private home based on the desire of the potential purchaser for additional security or to accept peace of mind that security concerns are being addressed on a community-wide ground. An article that appeared in CONDO.ca on-line states that "security was the number 1 business concern among people looking to purchase a condominium."

The state of surveillance and security has come a long way over the past few decades. Where security issues used to rest on the employment of security personnel and perimeter fencing, today's security arrangements are more hi-tech and complex. Along with engineering science, has come up litigation and legislation.

Walking a High Wire

While lath members of condominium associations and HOAs are every bit concerned with their security as the rest of their swain condominium members, they have to residuum the legal issues that govern both the successful security apparatus of the customs and the potential liabilities of the association.

"The right to privacy has to be respected," says Frank Flynn, an attorney and principal with the Flynn Law Group in Boston, Massachusetts. Privacy rights are defined on a state by state footing. "In Massachusetts," Flynn explains, "the right to privacy is defined every bit an expectation of privacy in an apartment or condominium unit of measurement." In add-on to privacy laws there are federal eavesdropping statutes that must be taken into account when considering a surveillance system. "Under federal wiretapping laws, the condominium association would be in violation if they recorded somebody's voice without their consent. But they can video the common areas and that can exist washed surreptitiously, provided they don't tape sound, silent movies only." Regardless, Flynn suggests that condominium trusts should also consult their attorneys about what country law requires.

Howard Goldman, a founding partner of the law house Goldman & Pease, located in Needham, Massachusetts, says, "It is reasonable that the trustees would want to take measures to protect the unit owners from clearly foreseeable criminal activity, including the installation of security cameras and monitor when individuals enter and exit the building."

He cautions, though, virtually cameras installed within private units that capture images of common areas. "The law is murky when it comes to some other unit of measurement possessor making the unilateral conclusion to install a security photographic camera and is the only unit of measurement owner with admission to the same. A unit owner is unlikely to have the right, pursuant to the condominium documents, to install a camera that is located in the common expanse without back up from the trustees." Nether all circumstances, though, audio recordings are prohibited.

Increased Liability?

What are the long-range effects of camera surveillance on the condominium corporation and the board of directors? Do sophisticated surveillance systems increment liability? Having a sophisticated surveillance system "can be a ii-edged sword," says Flynn. "Having cameras that tape what happens in the common areas, let'south say the parking lot, volition protect you against alleged things that didn't happen. There's the ability to have evidence of what actually happened, say someone claiming to fall or injure themselves when they didn't. Is information technology bad to take video of something that really happened? No. If information technology documents injury, the injured party has proof, only it also guards against exaggerated claims."

One overarching question is whether condominium associations have a responsibleness to provide security at all, even to the point of whether the word 'security' should be used in the same phrase as the word 'photographic camera'. Goldman says, "Once a policy is in place with regard to security cameras, the condominium association has a duty to enforce the policy. This is because the condominium association, in installing the cameras, has created the perception that it is providing security services that a unit of measurement owner may rely upon. To protect itself, the condominium'southward cameras must exist properly maintained and their contents reviewed on a regular basis."

On the matter of personal liability for condo board members, Flynn says, "They can accept liability if they exceed their reasonable business judgement. In Massachusetts there is a rule of reasonable business organization judgement. As long as a trustee uses it, then it should protect them. Say a roof needs to be replaced and the trustees chose to ignore a report stating every bit such and they don't fix it. And then there is a leak causing thousands of dollars in damages. They could be liable because they didn't follow the communication of the report, therefore not demonstrating reasonable business judgement."
Privacy Always Trumps Security

Where tin can an clan tape and where not? Some of this may seem obvious. As discussed to a higher place, cameras can be placed in common areas. But occasionally that can get problematic. Flynn describes a situation that occurred with one of his clients. "We represent a condominium where there is a roof deck. The roof deck was supposed to be for the sectional utilize of the penthouse owner. But there were stairs that lead to the deck and the condominium documents were written incorrectly and said the deck was open to anybody.

"Next to the roof deck was the skylight to the primary bedroom in the penthouse unit. Let's say the condominium association had placed a security camera on the roof deck as a security mensurate in a common area. The camera would await directly into the penthouse principal chamber. That would be inappropriate and could upshot in a large lawsuit. You must be conscientious of not violating privacy. In the end we worked out an amendment to modify the document."

Dummy Cameras

No, no, no! Universally, the one matter attorneys say is stay away from 'dummy cameras'. "If you have a and so chosen dummy photographic camera and you are trying to frighten people but it's not working, you are giving people a false sense of security and if information technology'southward truly a dummy camera and information technology's not continued to annihilation that'southward taking on a chore poorly—security—it volition get you in problem," says Goldman.

Fundamental Fobs and Central Tracking Cards

In addition to loftier-quality video cameras with or without security personnel, ane of the most popular innovations in security and surveillance today are Primal Fobs and Security Carte Admission systems. "I'grand a big fan of key fobs and key cards," says Flynn, "because they really give a study on where that fob or card went. Sometimes it's useful in cases where we are trying to figure out who has been coming and going to a particular unit with regards to security. If y'all have a unit possessor who loaned out their fundamental fob to someone and information technology's existence used frequently, maybe there is drug dealing going on, you can track the use of it. Regular keys don't provide that tracking. It's an additional style of obtaining information. If you have cameras along with cardinal fobs or key cards you can come across exactly who it is."

Go along or Toss?

So, how long do you lot go on the videos — and who gets to come across them?

Two legal bug that crop upwards relative to the use of video cameras today are how long should recordings be kept and who should take admission to them. Many video security systems are set up to record over existing footage every thirty days. The decision on how long to keep copies of the recordings should have into consideration country statutes governing limitations on liability. "In Massachusetts, the statute of limitations on personal injury cases under negligence is 3 years for torts. For alienation of contract, it is six years," explains Flynn. "For unfair deception, which management companies are subject to, information technology is four years." Condominium boards and HOAs must consider this in determining their policy for record retention.

Goldman took a slightly different view. "If there is a level of composure y'all would want to consult with an expert in security," he says. "But it seems to me it's a relatively brusque expense to have some backup capability. That requires some level of maintenance past someone with some 'tech savvy'. The negligence standard is what a reasonable person would do under foreseeable risks in lite of the circumstances. So, in a larger evolution with lots of public access, there is more of a burden to do it right, which is to have the backup. If you lot are a much smaller condo with express resource, yous have to wait at the price. Information technology's actually a cost-benefit analysis."

In terms of access to the recordings, attorneys seem to be pretty unanimous. The direction visitor should have admission and the board should have admission, along with police enforcement officials. Equally to the condominium members the opinion is that they probably should non have open admission to security recordings. They should have access when a recording applies to them and with a proper process of requesting a specific portion of the recordings and why.
Some Low-Tech Alternatives

Condominium and HOA boards should have advantage of 2 resources that are readily available and at no charge; the local law with regard to criminal activity and your insurance agent for property damage and loss prevention with regard to the property that might non rise to the level of a criminal investigation. The police are in that location for personal safety and the insurance people are at that place for the property issues. Use them as an available and free resources. They will be happy to endeavor to help you.

Goldman had the following communication for condominium and HOA boards: "Equally new security technologies are created and their utilise beyond the country becomes more than prevalent, condominium associations should be certain to sympathise the ramifications involved with providing security to unit of measurement owners and visitors. Through the adoption of by-laws, condominium associations have wide breadth to allow the installation of security cameras in the common areas, only must be sure to maintain them."

A.J. Sidransky is a staff author and reporter for New England Condominium.