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I’m hoping someone on here can give me some advice on a personal security camera installed by a neighbour. We live in a strata of 36 units and one owner has taken it upon himself to install a security camera outside his apartment door. This concerns me for two reasons:
1. I don’t think he should be able to film the coming and goings of people in the apartment block moving around a common area.
2. Does he have the right to install a camera on common property (it is on the brickwork above his door) without any executive committee approval?
If this is the case and he is able to instal it on common brickwork inside the hallway, does that mean I can now install a small indoor basketball hoop above my door for my young children to play with?
Any help on this issue would be welcome and appreciated.
This post has been edited to remove personal criticisms – JimmyT
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Like the camera installed on common property, your basketball ring would require permission from the owners corporation, at the very least, and probably a special resolution common property by-law.
People can’t just attach things to common property when they feel like it, in the same way that they can’t just paint their front doors the colour they prefer. The door is common property and is therefor subject to the rules of the OC.
Interestingly, though, if the camera was INSIDE the lot, in a terrace for instand, or behind a window, there would be nothing to prevent the resident from filming the comings and goings of people on common property.
However, under workplace safety regulations, they would have to put up signs warning tradespeople that they were being filmed
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What steps do I take to have it removed? What if the person refuses? Do I contact the Strata Manager and see of approval was granted? If not, where to next?
First check that permission hasn’t been granted then check your by-laws to see if there is anything specific about attaching stuff to or damaging common property. If there is, ask the committee or strata manager (or both) to issue a Notice To Comply. This is an official warning that has teeth – if the miscreant doesn’t comply, they can be taken straight to NCAT (mediation not required) and fined. By the way, no prior warning needs to be given. A Notice To Comply is a warning.
If there is no by-law that specifically covers this kind of thing, then the committee, the strata manager or even you individually can take action under section 108 of the Act. This would require compulsory mediation at Fair Trading followed, if necessary, by seeking orders at NCAT. Failure to comply with the orders could lead to financial penalties and costs of the action could also be sought.
Or, you could ask the strata manager to tell the resident to remove it and, if they failed to do so within a reasonable time, get a tradie remove the camera, hand it back to the resident along with a bill for repair of common property damaged in the process. Yes, they could claim that the camera was damaged but to whom?
The latter would be my solution. Make it their problem not yours. People who play by the rules only when it suits them should realise that cuts both ways.
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Another option would be to invite the unit owner to put a motion to a general meeting for approval of the camera with appropriate conditions about signage etc. If the motion passes then the unapproved installation has been remedied. If the motion fails, then the Tribunal can be assured that the owner was given an opportunity to make a case for approval and thereby remedy the breach but the democratic process said ‘no’.
Without this, the Tribunal might ask the OC to put it to a vote rather than giving orders for the removal straight away.
… you could ask the strata manager to tell the resident to remove it and, if they failed to do so within a reasonable time, get a tradie remove the camera, hand it back to the resident along with a bill for repair of common property damaged in the process.As a visitor to a block of units where the occupants have installed a camera on their door (& directly opposite another entry), we contacted the SM about the unauthorised and unsignposted camera.
The SM’s response was that they will only deal with an owner. How do we progress the removal If this camera which picks up everyone’s comings & goings?
As a visitor to a block of units where the occupants have installed a camera on their door… how do we progress the removal of this camera which picks up everyone’s comings & goings?You ask the person you were visiting to deal with it, either as a tenant (they are entitled to complain) or an owner. I’m afraid you have no rights whatsoever in this regard, including the illusory “right’ not to be surveilled by video.If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.