HOA Surveillance Cameras
Video Surveillance. In California, associations may lawfully install video surveillance cameras in common areas so long as they do not view areas where people have a reasonable expectation of privacy. Restrooms, locker rooms, and similar areas are not suitable for installing cameras. Also, cameras cannot be installed, so they peer into the interior of an owner’s unit. (Penal Code § 647(j)) Smaller associations set up a website that allows all owners to monitor common area cameras at any time, day or night, by logging in. The website is password-protected so that only members can review the cameras. Owners who see breaches can immediately take appropriate action.
Audio Surveillance. The principles applied to visual surveillance do not carry over to audio surveillance. Individuals expect privacy when it comes to conversation — they can lower their voices or stop speaking when they see someone approaching. Parties to a confidential communication must give permission to be recorded. (Penal Code § 632) The exception is if participants could reasonably expect to be overheard or recorded. (Penal Code § 632(c))
Posting Signs. There is no law requiring an association (or anyone who posts video surveillance cameras in public spaces) to post signs, give notice, or obtain prior consent to film areas where there is no reasonable expectation of privacy. However, posting signs informing homeowners and others that the area is under surveillance may help increase the cameras’ deterrent effect and reduce the likelihood of a claim that a person had a reasonable expectation of privacy.
Dummy Cameras. To save money, some associations install non-working security cameras to deter crime. Even if they deter some criminal activity, dummy cameras create potential liability for the association because they create an expectation in owners and visitors that the association is monitoring the common area. It is better to spend money on working cameras. In addition, the association should have a reasonable maintenance schedule so that non-working cameras are promptly repaired.
Hallway Cameras. Associations can install hallway cameras as part of their security system. There are limitations on recording conversations when owners may have a legitimate expectation of privacy.
Access to Recordings. Security camera recordings qualify as "records," and board members have a right to review them. (Corp. Code § 8334) Their status as records makes them discoverable in litigation, the same as other digital data, such as documents, sound recordings, photographs, emails, etc.
Owner Access. The right to review is not the same for homeowners. Video surveillance recordings are not included in the records authorized by the Davis-Stirling Act for members to review. Even so, boards can make them available if they so choose.
Full Access. Smaller associations sometimes stream their security feeds and provide all owners with a password so they can log in from their computers or phones to monitor the cameras in real time. This provides extra eyes on the common areas.
Limited Access. Most associations provide only limited access to members. Sometimes, a member has a legitimate reason to review a particular recording. For example, an owner's car is vandalized, and she wants to view footage that shows who caused the damage.
Records Storage. Digital images are generally stored for 30 days and then automatically erased to provide room for more images. The storage time is sometimes set to shorter periods (2 weeks, 10 days, 48 hours), depending on the available memory and the number of camera feeds.
Privacy Concerns. In California, associations may lawfully install video surveillance cameras in common areas, provided they do not view areas where people have a reasonable expectation of privacy, such as restrooms, locker rooms, or the interior of an owner’s unit. (Penal Code § 647(j))
Recommendation: Boards should adopt guidelines for how security camera data is stored, for what period, under what circumstances recordings may be viewed, and by whom. Boards should consult legal counsel when security issues arise. In addition, they should send an annual disclaimer to the membership reminding residents to take common-sense precautions to protect their own safety and security.
Homeowner Security Cameras & Ring Doorbells
Ring Video Doorbells. Unless an association's rules prohibit them, owners can install a video doorbell that covers the hallway entrance into their units. If the camera is inside the unit looking through the peephole, that would be no different than an owner looking through their peephole to see who is standing in the hallway. If the camera is installed in the exterior door jamb, owners must obtain the association's permission, as it is part of the common areas. Condominium associations may want to adopt a rule prohibiting cameras that point at another unit owner's door, since they would record the interior of their neighbor's unit whenever that door is opened.
Balcony Cameras. It is not against the law for an owner to install security cameras. Members in the common areas have no expectation of privacy because they are "in the public" and can be seen by others. However, residents may feel like owners are "spying" on them. Because associations can adopt rules, boards can regulate how security cameras are used, restrict the number and placement of cameras, or prohibit them altogether. In condominium associations, boards can regulate the attachment of cameras to common area railings, ceilings, and walls. Boards can also adopt rules that require cameras to blend into the structure and be unobtrusive. Rules can also prohibit pointing cameras at other residents' windows and balconies.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.