Reader Questions - Candid Cameras in Our Association

Mr. Richardson,

Can the HOA install a camera in one garage area but not others? The HOA also installed a camera in the pool in order to catch one person’s possible violations. Is this legal?

K.Y., San Jose

Mr. Richardson,

We are fans of your weekly column. Have you written about security cameras? Can you offer any direction as to legal issues and sound policy?

Thanks so much,

B.D., San Diego

Hello Kelly,

I would like to find out if installing a camera with audio in the parking area is legal in California. Please advise.

Thank you,

C.R., Encinitas

Dear Kelly,

Our complex has had a number of trespassers who have hopped locked pedestrian gates or tailgated resident cars through garage gates into resident parking areas. The board refuses to circulate images of these trespassers captured on surveillance cameras. Many of us want this video/image information in case we see the intruders or their vehicles in the future. We strongly believe this is a personal safety issue. The board says this is a possible liability issue. 

Can the board appoint a volunteer committee of residents to review the surveillance videos, with the committee deciding whether to circulate the trespasser-related images to all residents?

Thanks,

B.A., Newport Beach 

Dear K.Y., B.D., C.R., and B.A.,

As the affordability and technical quality of surveillance increases, cameras are increasingly considered by associations. However, cameras are not an answer to all HOA problems, and can create more problems. For example, placing a camera only to surveil a single resident will almost certainly offend the resident and create a possible claim of privacy invasion. If surveillance is not for the entire community, perhaps there are other ways to deal with the problem resident.

Recording audio could record private conversations without the parties’ consent and so violate the law, so stay with video, not audio.

Secret surveillance is a bad idea, so signs should always be posted, alerting persons in a given area that recorded surveillance is present. I am often asked if the HOA can post such signs but install dummy cameras. A dummy camera could lead residents to a false sense of security, if they were facing danger and erroneously stayed within “view” of a phony camera.

Individual owners in planned developments or detached condominiums sometimes wish to install their own cameras. A reasonable written rule is a good idea, requiring cameras not point into neighboring windows or adjoining yards.

If the association has recorded video monitoring, the privacy interests of all residents are best protected by prohibiting residents or owners access to the recordings. I often draft policies providing access only to the manager, security company, and law enforcement. A certain director or committee chair will occasionally take too much an interest in watching their neighbors on recorded videos. A reasonable policy, keeping the recordings private, helps assure residents that their privacy is protected and respected.

If your association has a history of problems in the common area or garages, the board might be required to take reasonable steps to increase the security of those areas, and cameras might be one such step.

Boards may want to consult with their local law enforcement, security vendor, manager, and legal counsel before installing cameras.

Thanks to all,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.