Security Cameras in Strata Schemes

Security cameras are commonplace in Australia, as in many parts of the world, and they’re increasingly common in strata buildings. It’s important to strike the right balance between security and privacy, and to comply with all relevant laws.

Main reasons to have security cameras in your strata scheme

The primary purpose of CCTV is often to monitor, identify and convict trespassers, vandals and thieves. Not only is camera footage useful evidence, but visible security cameras may reduce wrongdoing in the first place.

In a strata, cameras may be used to deal with criminal activity like this, or to manage breaches of strata by-laws. You may want to install security cameras because of issues such as

• Packages ‘disappearing’ from the lobby or mail area
• Car or storage area break-ins
• Residents feeling unsafe in lifts or stairwells
• Vandalism or graffiti, especially in an area where access is controlled
• Suspected drug use in common areas
• Ongoing breaches of by-laws (eg resident use of visitor parking; dumping of non-compliant rubbish, or smoking in non-smoking areas)

Installing security cameras in common areas

The Strata Committee can install security cameras in common areas, but there are many factors to consider, including legal requirements; current strata by-laws, communication with residents and policies relating to storage and viewing of footage.

What legislation needs to be considered?

The NSW Surveillance Devices Act 2007 covers CCTV and security cameras. Key relevant provisions include the following:

• Recording private conversations without consent is an offence, so any audio recording capability must be disabled.
• The owner of the land where a device is installed must give implicit or explicit consent. For common areas in strata, the owner is the owner corporation. To protect the strata committee, we recommend a formal vote and potentially introduction of a new by-law to cover any CCTV installation.
• It is illegal to record activity in situations where someone has a ‘reasonable expectation of privacy’. This means cameras cannot record bathrooms, bedrooms or balconies.

For organisations with an annual turnover of more than $3 million, the Privacy Act 1988 also applies. It’s worth noting that even if your strata has, you may employ a strata management, building management or facilities management companies which has to comply with the Privacy Act. So it’s a good idea to take requirements into account whatever size your strata is. That means:

• A clear up-to-date privacy policy explaining what information you collect; why, and how you handle that information.
  At Strata Master we provide clients with a CCTV policy which covers all these requirements.
• You must notify people that they may be recorded. This applies to both residents and visitors. The easiest solution is clear signage stating that CCTV is in use.
• You can only use footage for the purpose it is collected for, and you cannot pass it on to third parties without consent. (There is an exception to consent for police and legal proceedings.)
• There may also be issues with facial recognition technology, since faceprints and biometric data are sensitive, and you should not collect them without consent.

Recommended process to install security cameras in your strata complex

The decision whether or not to install CCTV cameras is complex. We recommend the following process to the strata committees we work with.

1. Document clearly why you are considering security cameras. This helps owners and residents understand your position. It also helps clarify where cameras should be placed.
2. Obtain advice on details specific to your strata scheme and situations. For example,
   1. Does the Privacy Act apply to your strata or to any third parties involved?
   2. What is the best way to obtain owner consent (ordinary resolution or special resolution)?
   3. Are there existing strata by-laws to take into consideration?
   4. Should you consider a new by-law addressing the use of security cameras, including storage of and access to camera footage?
3. Obtain professional security advice about feasibility, including:
   1. Camera locations and angles which could cover relevant common areas without capturing private areas
   2. Equipment and systems, both to capture footage and to store it securely.
   3. Cost of installation and ongoing maintenance
4. Develop a draft CCTV policy and by-law. These will cover:
   1. Camera locations
   2. Signage
   3. Who is responsible for storing and managing data securely
   4. How long footage is kept
   5. How people can request access, and how access is granted
5. Communicate with owners and residents. Installing security cameras affects tenants more than owners who rent a unit but live elsewhere – however, it’s the owners who make the decision. Communicating with tenants upfront makes implementation easier.
6. Hold a meeting to pass the formal resolution.

You’re now ready to move ahead and install the cameras. A good final step is to confirm that the actual installation matches the approved plan.

What about the rights of private individuals living in strata to install CCTV cameras?

Your rights as a private individual vary, depending on

• Whether you are an owner or a tenant.

Generally, tenants require permission from the owner.

• Where you want to install cameras.

Generally, a camera within your own unit, capturing footage within your own property only, is the least difficult. However, even in this case there may be a strata by-law requiring you to obtain permission before installing.

• The specific by-laws of the strata you live in.

This is where there is the most variation. Checking your own strata’s by-laws is always a good first step.

Many strata schemes accept doorbell cameras, as long as they show what is happening at your door, not at a neighbour’s door or across a wide common area. You may still have to request permission formally, and you may have to ensure the camera is discreet and fits with the overall appearance of the building.

Balcony cameras can be more difficult, since they tend to capture more common areas, and may also capture neighbouring balconies, which are someone else’s private space.

Installing a camera to track a difficult neighbour’s behaviour is the most problematic of all. It is likely to breach strata by-laws, the Surveillance Devices Act, or both. There are other, more effective ways to resolve disputes with neighbours.

What if you have concerns about security cameras already in your strata?

A strong process before, during and after installation should mean few concerns, but there are cases when process is not clear, or not followed.

You may be concerned about the number, location or field of view of cameras. You may believe that footage was shared inappropriately. You may have some other concern.

The best first step is usually to investigate your strata by-laws, or minutes of meetings where CCTV was discussed. This will give you a clearer picture of the actual situation.

You can then raise your specific concern with the strata committee. This may be all you need to do to fix the situation. For example, if a camera has been installed at the wrong angle, or has been knocked so that it is now capturing private areas, this is easily fixed.

If you are still unhappy, you may need to seek the support of other lot owners. With enough support (owners of at least 25% of the total strata lots), you can call a general meeting to review the CCTV installation and policies.

Summing Up

There are strong arguments for the use of CCTV and security cameras, but there’s also a need to ensure privacy for all parties.

Most disputes and problems arise when there is poor communication and someone feels under threat. They’re often due to incorrect or unexpected installation of cameras.

With clear communication, strong processes and good policies around data storage and access, we can resolve most issues easily. When you’re considering installing security cameras, having experienced support from your strata manager, and clear legal guidance if required, can make a big difference to everyone in your strata community.