Condo Media - June 2022 - 30

HOME SECURITY TECHNOLOGIES
i f a boa r d i s i nc l i ne d
TO ALLOW DEVICES THAT EMPLOY
VIDEO MONITORING - DUE TO UNIT
OWNER DEMAND OR FOR OTHER
REASONS - IT SHOULD CONSIDER
THE FOLLOWING POINTS IN
APPROACHING SUCH REQUESTS:
REQUIRE BOARD APPROVAL.
A ban of such devices would be particularly
defensible in garden-style or high-rise
condominiums, where opportunity for privacy
intrusion is greatest and legitimate security
concerns may be diminished considering
limited access to the interior of the buildings.
BOARD CONSIDERATIONS AND AUTHORITY
Generally, boards have a right to control the devices that are attached
to the common areas and the activities that are permissible
on the common areas. While the governing documents of each condominium
or homeowners' association would need to be reviewed
to confirm, if a board chooses to limit or restrict the installation
of devices on the common areas that allow for visual recording, it
will typically have the right to do so. A ban of such devices would be
particularly defensible in garden-style or high-rise condominiums,
where opportunity for privacy intrusion is greatest and legitimate
security concerns may be diminished considering limited access to
the interior of the buildings. Anyone buying into a condominium
or homeowners' association should understand that there are
covenants and rules and regulations in place designed to allow the
association to operate smoothly and the residents to use and enjoy
their properties, collectively. All must recognize that, at times,
there are competing interests, and, to a certain extent, the will of
the individual typically must bend to the will of the majority.
However, what if a large majority of the unit owners are in favor
of installing or permitting the installation of home security technology
devices? With the considerations identified, how should a
board approach implementing home security technology devices at
their condominiums or homeowners' associations?
30 CONDOMEDIA June 2022
Given the numerous privacy concerns and competing
interests discussed herein, board approval
should be a prerequisite to the installation of such
devices. Specifications should be provided detailing
the location and proposed installation measures
to ensure adherence to applicable architectural
guidelines. The board should provide approval in
the form of a revocable license to ensure that the
board has control to revoke the use of the devices
later, including arising from misuse of same.
CONSIDER THE TYPE OF BUILDING.
As set forth above, the nature of the buildings at
the condominium or homeowners' association,
in large part, informs privacy concerns. While the
installation of Ring doorbells or wireless outdoor
cameras may not be intrusive at townhouse-style
or freestanding units, they may be intrusive in
garden-style or high-rise condominiums.
REQUIRE THE SCOPE OF
AREA SUBJECT TO VIDEO
MONITORING TO BE LIMITED.
The scope of area subject to video monitoring
should be limited, to the extent feasible, to capture
the areas immediately surrounding the installing
unit owner's unit. For privacy reasons, video monitoring
systems should not be focused on areas in
which neighboring unit owners have a reasonable
expectation of privacy, including within their units
and limited common areas.
RESERVE THE RIGHT TO INSPECT.
While enforcement in these circumstances can be
difficult since the home security technology devices
remain within the control of the installing unit owner,
the board should reserve the right to inspect the device
to ascertain the scope of what is being monitored.
Condo Media - June 2022

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