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PRIVATE
BALCONY CAMERAS
QUESTION: Can homeowners install cameras
on their balconies that point toward the front entrance of the
building?
ANSWER: It
is not against the law for a homeowner to point a camera toward the front
entrance of the building. People entering and exiting the building have no
expectation of privacy since they can be seen by anyone standing on their
balconies as well as people on the street. However, the association can prohibit
the attachment of CCTV cameras to common area railings, balconies,
ceilings and walls. Boards can also adopt rules that
require cameras to blend into the structure and be unobtrusive. The rules can
also prohibit the pointing
of cameras toward other owner’s windows and balconies.
PRIVATE
HALLWAY CAMERAS
QUESTION: Is it legal for homeowners to
install a camera at their door that covers the hallway entrance to their unit?
ANSWER:
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. As long as the camera is located
inside the owner’s unit, it is legal. If the camera is installed in the
common area hallway, the installation must have the association's permission.
DUMMY CAMERAS
 QUESTION: Our association has security
cameras by the garage gate and outside our entrance doors, but the cameras do
not work. They are only there to deter thieves. Does this bring a false sense of
security to owners who may sue if they are not working cameras?
ANSWER: I
am not a fan of dummy cameras. 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 areas. In
my opinion, it is better to spend the money to have working cameras. In
addition, some insurance
companies may offer discounts to associations that have working security
cameras.
SECURITY
CAMERA SIGNS
QUESTION: Our association recently
decided to install security cameras on our property. Are we required to post
signs on the property informing people that we have cameras?
ANSWER: As
long as the cameras are in public areas where there is no expectation of
privacy, you do not need signs. However, some associations choose to place signs
on the property as an additional deterrent.
SPEEDING
TICKETS
 QUESTION:
Can associations enforce a 5 mph speed limit on HOA property? People seem to fly
down the street at excessive speeds regardless of the speed bumps or warning
signs. If the board has a license plate number, could they issue a warning or
fine?
ANSWER:
Yes, associations can fine for speeding and reckless driving. Associations have
the authority to make and enforce rules for common area use. If the association
receives information about speeding or other violations, it should investigate and determine whether
a violation occurred.
Before the association can impose penalties, the
accused is entitled to due process,
which means notice and a hearing where the owner can offer his/her version of
the events. Since homeowners are entitled to challenge information about the
violation, the board cannot rely on anonymous reports.
Very truly yours,
Matthew Gardner, Esq.
Adams
Kessler PLC
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