› Flat Chat Strata Forum › Common Property › Owner refuses to remove camera › Current Page
Hi EnterSandman
Here are two cases you should read:
Ghabour v The Owners – Strata Plan No. 53284 [2019] NSWCATCD (26 February 2019)
Lai v Community Association DP 270214 [2016] NSWCATCD 58;
Here’s an article published last year by JS Mueller & Co about the installation of security cameras on common property. NCAT member’s name for both cases is Scott A McDonald.
I was involved in the successful removal of security cameras installed on an external wall. Breach of Section 108 of SSMA 2015 and Surveillance Devices Act.
In your case, it seems the camera is located inside the lot but attached to the front door. The front door is still common property. In my case, the lawyer for the camera owner argued about “air space”. He tried to say that even though the camera was affixed to common property, it was in the lot’s “air space”. The member kept reminding him it is attached to common property.
I would be really interested to know how you go. Good luck.