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Subject: Owner and security cameras
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Author Messages
MichaelS56
(Minnesota)

Posts:13


10/03/2020 12:22 PM  
Just today, for the first time, an owner in our Association wants to install (6) security cameras outside his unit. He will place them in the soffits and have them pointed downward. Our Association does not have any guidelines, rules or regulations that pertain to this issue and the Board will not be addressing this issue until November. I am looking for Association guidelines, sample policy, and or rules and regulations as this technology will continue to advance. I have looked at Minnesota and city laws but have not found what I need.
GeorgeS21
(Florida)

Posts:3275


10/03/2020 12:33 PM  
An interesting question, the answer to which probably relates to the direction/coverage of the camera - ie if only able to “see” that owner’s property, then likely no harm no foul.

I have four such cameras on my house, installed by the previous owner - don’t think I would have installed them. The data loads to a hard drive, and is viewable in real time on screen with 1/4 screen for each camera.
AugustinD


Posts:4153


10/03/2020 12:42 PM  
Michael --

-- Is this a condominium?

-- Will these security cameras be installed on common elements, limited common elements, or entirely on the owner's property?

-- It appears Minnesota is a one-party consent state when it comes to audio and video recordings. Meaning the chances are greatly reduced that any law is being broken. This site says that, even when none of the parties being recorded know they are being recorded, the person doing the recording is considered a party to the exchange involving other parties: https://aacriminallaw.com/video-recording-laws-minnesota/. Yada yada internet chatter of which you are capable of finding here on Superspreader Saturday.

-- The next question is whether those who are being recorded have a reasonable expectation of privacy. I think this would depend on exactly what area of the grounds or owner's land is being recorded.
ChrisE8
(New York)

Posts:128


10/03/2020 1:44 PM  
The owner ought to put a notice up for his own protection.

I think it's unlikely that the HOA could be drawn into liability in this, but never say never.
KerryL1
(California)

Posts:7579


10/03/2020 2:05 PM  
Yes, as Augustin notes, what kind of HOAA is it? And are the soffits the owner's separate interest? Limited or exclusive use common area? Or common area?
TimB4
(Virginia)

Posts:17008


10/03/2020 2:46 PM  
Michael,

I don't see an issue with it.

I have cameras on my retirement home.
The neighbors are aware and don't care.
As others have pointed out, they shouldn't be pointed directly at another property.

That said, It's difficult to capture all of one's property (cameras on house pointed toward property line) without capturing some of the neighbor property. Simply minimize it.

It's not the Associations responsibility to make the individual aware of any applicable laws.

I also suspect that a few owners have probably installed video doorbells without prior approval (as many don't think about approval for those).


This member is trying to comply with the requirement of prior approval.
Per your posting, there are no restrictions - hence no solid base for a denial.
My suggestion,a letter in the following manner:

Cameras are approved.
Cameras are not to be pointed directly at other properties.
Member should make themselves aware of all applicable statutes.
JamesV3
(New Hampshire)

Posts:22


10/04/2020 3:03 AM  
Our Community does allow camera install by unit owners.
I got this approved in 2016 but with restrictions.

1 No drilling from inside to outside.
2 Non penetrating mounts be used
3 Not Pointing towards another unit.

I have a 4 camera system 2 inside (first floor unit) and 2 outside.
JohnC46
(South Carolina)

Posts:10014


10/04/2020 10:18 AM  
My first blush is as long as the 6 cameras are pointed at his property only, then let him enjoy his paranoia.
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