Security Cameras & Privacy Issues In Condo Associations
In this day and age, where privacy is under attack, the issue of installing security cameras in one’s condominium association can be highly controversial. There are points against and in favor of their installation, but the ultimate decision will rest with the condo board most of the time – as long as they comply with the association’s governing documents and state law.
Pros & Cons
The usual reasons cited by a condo board for wanting to install security cameras is safety, for both residents and visitors, though there may be other reasons. Most associations allow residents to put cameras inside their own units without any discussion, but placing them outside is much less likely to be approved unless the camera points at their own parking space or door. Cameras convey a sense of safety to the person who installed them – but often only to them.
While security cameras can help make condo associations safer – or, in some cases, can serve as sufficient security theater to make condo associations seem safer – there are genuine privacy and governing concerns for many associations. For example, it is quite common for an association’s governing documents to bar any kind of “material alteration” to the common elements, or to bar the alteration absent consent of the owners or the board. Alternatively, the governing documents may simply bar installing cameras, full stop, requiring an amendment to the founding documents to move forward.
A “Reasonable Expectation Of Privacy”
If a condo association’s governing documents do not prohibit the installation of security cameras, the potential privacy concerns raised must still be dealt with. Florida law permits the installation of cameras in places where no reasonable expectation of privacy exists. That said, the exact definition of that phrase is highly contextual and constantly debated, and if an association is not careful, they may fall afoul of Florida’s laws on voyeurism or other privacy-related offenses. Different places in different condominium buildings may convey that expectation of privacy when they would not do so in another building.
If the cameras you install record sound, they can also create issues, given that Florida has historically been a two-party consent state. What this means is that usually, conversations or electronic communications may not be recorded without the consent of all parties, and a camera recording a conversation may not fit that bill. However, there is an exception in the relevant law for recording in-person conversations in places where no expectation of privacy exists, so it is worth determining whether this would apply to your association as well.
Contact A Tampa Condo Association Attorney
Security cameras can be helpful to a condo association, but can also cause serious legal issues if an association is not careful in doing due diligence beforehand. If you or your condo board have questions or concerns, a Tampa condo association attorney from the Seward Law Office can help to get them managed. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/Sections/0718.113.html
