Hello rrychar
I feel your pain. My strata went to NCAT and successfully removed the security cameras. We did it without engaging a strata lawyer. It involved a lot of time on the computer getting to know the Strata Schemes Management Act 2015 and reading a lot of strata lawyer web sites. I can tell from reading your post that your knowledge of who’s who in strata is not complete.
The Owners Corporation is IN CHARGE of everything to do with the strata plan. The Owners Corporation is whoever owns the 12 lots in your strata plan.
The owners corporation appoints a strata committee to oversee the work of the Owners Corporation. The strata committee has three office bearers: chairman, secretary, treasurer. The strata committee is appointed each year by the owners corporation. The owners collectively decides who serves on the strata committee.
I am guessing that you used the word “strata” to refer to the strata manager. The people you call “strata” answer to the Owners Corporation. Not the other way around. Strata managers are delegated the responsibility of taking care of your strata plan. They might tell you what is / is not permissible according to the law. My experience is to question everything they say. It is easy now with internet access.
I am saying all this because you may not realise that you, as owners, have a lot more power than you realise. Both strata committee and strata manager answer to you. Their power was granted by you and the other owners. You can take it away from them by voting.
HOW WE SUCCESSFULLY REMOVED THE SECURITY CAMERAS:
If an owner installs something which ALTERS THE EXTERNAL APPEARANCE OF COMMON PROPERTY and they did NOT pass a SPECIAL RESOLUTION to make that alteration, they are breaking the law.
In your situation, there should have been a meeting for ALL the owners to vote. Not just the strata committee. A special resolution means that 75% of vote is in favour of the cameras. e.g. if eight people vote, a special resolution would be six votes in favour of the cameras.
It is impossible for the strata committee to make this decision on their own. Likewise it is impossible for the strata manager to make this decision on their own. If they say so, they are lying. It is explained in Section 108 of the Strata Schemes Management Act 2015.
We cited two laws:
Strata Schemes Management Act 2015 Section 108
Surveillance Devices Act 2007
You can find all Acts of Parliament on the internet.
All your points about data security are valid. We included data security in our NCAT submission. Ultimately, the NCAT tribunal member ordered the removal of the cameras because it violated Section 108 of the Strata Schemes Management Act 2015.
The bigger issue:
- There is no clarity on the data privacy of residence and who has access to the data. If strata installed the cameras, it would fall under their data privacy policy but as this has been installed by the owners corp, it seems it falls into a black hole.
- At home CCTV kits are a potential cyber issue, creating a security issue on someone monitoring the time, days of the comings and goings to the individuals apartment. Or, worse still illegally gaining access to the cameras and the footage for other more sinister purposes. There are no industry regulation around owners corporations being mandated to use professional security companies.
- The access to the security footage is kept on an owners phone, creating further security and safety risks. Also, creating a creepy environment for residence.
Would be great to get your thoughts on this topic and to hopefully bring awareness to the cyber and data privacy issues that exist.
Presumably, the chairman thinks there are drug deals and other criminal activities going on, or they’re just weird. I would be worried about domestic violence perpetrators, stalkers, paedophiles viewing the video. Who are we to know if the chairman is one of these people?
Your first step is to talk with the other owners. If 75% of you don’t want these cameras, you can win this.