Are Personal Security Cameras OK?

By Kelly G. Richardson, Esq. CCAL, HOA Homefront Column

Dear Kelly: What is the law when it comes to doorbell cameras mounted on outside, pointing at your neighbor’s front door? W.B., Canyon Country

Dear Mr. Richardson: What is your perspective on residents installing surveillance cameras upon the common area fascias around their HOA residences for security? It appears to be illegal to record audio or video footage without permission of surrounding neighbors that are involved. Is this the case? These cameras can see a wide range and record both audio and video, depending on the model. So, even when "pointing" along the side of the house and the back patio area, they can still capture footage from our own back patio area and a number of our windows. Sincerely, D.P., San Marcos 

Dear Mr. Richardson: Our building’s underground parking area has had many thefts and mailbox break-ins. The building residents voted to raise the money to install our own cameras throughout the parking areas and a recording computer.  We didn’t seek HOA permission since we were not making any changes to the building. Since then there have been no thefts. Recently, an HOA member entered our parking area and noticed our cameras and signs notifying people that they are being videotaped, and reported us to the HOA. Is there anything we can do? Thank you, G.D., Laguna Woods 

Dear W.B., D.P., and G.D.: In condominium projects, where all members typically share ownership of the building exteriors and other common areas, homeowners need to seek HOA permission before installing security cameras. If installed without permission, the HOA may require them to be removed as unpermitted common area installations.

If there have been significant past incidents of crime in a particular location, the HOA might have a responsibility to install reasonable security measures to protect residents. In such cases, depending upon the circumstances, the HOA might determine that installing cameras or other security measures is necessary.

The privacy of neighbors is definitely a legitimate concern. While it is probable that residents or visitors have no expectation of visual privacy when out on the open street or sidewalk, they certainly have no reason to think anyone might be listening in – yet motion-activated “doorbell” cameras often can do exactly that. If such cameras are to be allowed by the HOA, some rules should be in place to try to protect the privacy of people talking privately but “out in the open.”

Another issue of private cameras is where they are pointed. In private balconies, patios, or yards, and of course inside their homes, the typical homeowner would reasonably expect privacy. Cameras should not be allowed to be installed that peer into neighbor windows or private exterior spaces. Such an invasion of privacy could give rise to legal action not only by the HOA but by the affected residents – so taking steps to protect that privacy is a good idea.

Doorbell cameras in some projects may be a low risk for visual privacy invasions in some complexes, but what about when such a camera is directly across the hall from someone else’s entry door? 

Blanket statements in this area aren’t helpful, but thoughtful HOA boards should consider security as well as privacy concerns.

Thanks for your questions, Kelly

[Next week’s column will address overall project security and HOA-operated monitoring equipment.]