#58650
Jimmy-T
Keymaster

    I googled “Victorian case law security camera VCAT” and navigated through to the following case:
    Mote V Eydlish VCAT REFERENCE: OC172/2010

    That case is very interesting but it concerns an owner installing cameras on common property without permission. We are discussing whether or not an OC needs to pass a special resolution to install security or surveillance cameras.  I wasn’t able to find any other relevant references to security cameras in the VCAT records.

    I’m not sure that the various Surveillance Acts would apply here because the installation of the cameras would have the implicit approval of the owners. Provided it was properly minuted and signage was installed and it didn’t look into private property, I don’t think those Acts would apply.

    Austman said:

    I agree that s.52 of the Owners Corporations Act 2006 can always be challenged at VCAT. I disagree that installing a CCTV system would be a significant change to the use of common property.

    Perhaps we can agree to disagree.  Until such times as someone takes a strata scheme to VCAT to challenge them on not having passed a special resolution before installing cameras we will never know for sure.

    As we often say on these pages, there are no StrataKops patrolling schemes looking for by-law breaches.  And if nobody in a scheme is worried about the installation of cameras, it’s not a problem, regardless of whether or not it’s strictly legal.

     

    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.