Given the extraordinary amount of time required to both research blog content as well as author posts, the Blog now posts original content six days a week, Monday through Saturday. However, every Sunday we will post other articles, blog posts, etc. that may be relevant to the Glen Iris Lofts community.
Today's post is a re-blog from the HOA Law Blog, titled Surveillance Cameras Within Your Association, authored by Steven J. Tinnely, Esq., posted January 26, 2012 and addresses the use of security cameras in HOA common areas.
Video surveillance cameras are now being
installed almost everywhere, so why not in your homeowners association
(HOA)? When used properly surveillance cameras can provide additional
security, a greater sense of safety and a deterrent to would be
criminals. Yet several questions and considerations are often raised
with respect to the installation of surveillance cameras within a HOA.
Does it violate the law for a HOA to install surveillance cameras
within the community? Are these cameras helpful in reducing criminal
activity? Is it acceptable to use "dummy" cameras instead of operative
cameras? Does a HOA have to post signs notifying the homeowners that
they are under video surveillance? These are some of the questions that
HOAs are asking legal counsel as their Boards consider installing
surveillance cameras to monitor entry gates, parking facilities and
other common areas.
This blog post will address some of these questions while providing
your HOA and management personnel with some guidance in this area. This
information can also be found in our new resource entitled "Surveillance Cameras within your Association",
available for download from our library.
Is it Legal for a HOA to Install Video Surveillance
Cameras?
Currently it is legal to install these cameras in all areas except
in those where homeowners may have a reasonable expectation of privacy,
such as locker rooms, bathrooms, or areas where the camera may record
the interior portions of a homeowner's unit. The most popular locations
to install surveillance cameras are at entry gates, recreational
facilities and other common areas as a means to deter trespassing,
vandalism, property damage, and rules violations.
Are surveillance cameras helpful in reducing criminal activity?
Studies on the effectiveness of surveillance cameras suggest that
they are indeed effective at reducing the number of low-level crimes
such as automobile break-ins and burglaries in areas where cameras have
been installed. This is a major reason why some HOAs, especially
condominium complexes, opt to install surveillance cameras in common
area parking facilities. Surveillance cameras have also proved
immensely helpful in prosecuting individuals caught in the act of
committing a crime or in enforcing violations of a HOA's governing
documents. It is important to note, however, that these cameras are
only effective if they are regularly maintained to ensure proper
operation.
Is it Acceptable to Use "Dummy" or Inoperable Surveillance
Cameras?
"Dummy" cameras are not recommended because they may provide a
false sense of security to homeowners who believe that the area is being
monitored for security purposes. HOAs should refrain from using dummy
cameras in lieu of, or in addition to, operable surveillance cameras.
HOAs should ensure that every surveillance camera used is capable of
recording onto videotape, a DVR, or other medium that can be easily
stored and later referenced. Broken or inoperable cameras may be viewed
as dummy cameras; surveillance cameras should thus be maintained in
operable conditions at all times.
Must a HOA Post Signs Notifying the Homeowners that Surveillance
Cameras are in Use?
There is no law requiring HOAs to post signs informing homeowners
that they are being filmed with surveillance cameras. However, the
posting of signs informing homeowners and other persons that the area is
under surveillance may help to increase the cameras' deterrent effects.
I completely agree that security cameras would be a great plus. In fact, there is already a camera at the front door of the 640 building that was installed when the building was constructed, but does not work. In fact had this camera worked, it would have witnessed one of my friends being attacked out front of the building a few years ago. Also a security camera would not only deter crime, but provide clues to many of the crimes that have occurred here on the property. A few years ago, my car was cut with a screw driver on three sides. The new paint job cost me over $6000 and we would have easily been able to see who the perpetrator was if there had been cameras that capture the entry or central areas of the parking garage. I made this suggestion to the association and was threatened with law suits from the Sutherland's for discussing the matter with my neighbors.
ReplyDeleteMany of us have had our vehicles damaged as well as places on the property which have been damaged such as the elevators that cost even the association considerable funds to repair. The defense for putting the security cameras from Stuart Sutherland was that it would be a liability for the association to have cameras as then the residents would expect them to provide security. This is dimly another falsification from Stuart Sutherland as many complexes have security cameras through out town and there is no such liability issue. The only reason the sutherland's were against the matter was that it was not their idea and as always they are against anything that is not their idea.
My concern is that a resident become victim of some crime here on the project and there be no clue or deterrent that would help them. A camera system is very inexpensive and does not require monitoring. I can run on a seven day loop that records over itself after the seven day period. Let alone the fact that when a criminal sees a camera, they are most likely going to go to another location where there is less likelihood of being seen or caught.
We own many mobile home and apartment communities and we have found a resounding decrease in crime when security cameras were installed. This we have found to be the #1 deterrent for crime in an area. These cameras along with signs that note their presence and a disclaimer of liability have reduced crime in these communities over 80% and this is proven fact!
So, I completely agree that a camera system would be the best possible solution for theft. I also have security cameras that run thorough my offices and we have absolutely no theft and have never had a break in, while the store spaces around us have had breaks ins, theft and employee issues. The proof is in the reduction of crime statistics. I have even offered to make personal contributions toward the system above and beyond what would be my pro-rata share of approximately $100 per unit for this addition.
We need to wake up. Crime is only getting worse and more affluent communities are the higher risk targets. Especially those communities that are adjacent to lower income areas such as Ponce and Boulevard. It is merely foolish, pathetic pig headedness that the Sutherland's have rejected this proven solution for actively fighting crime. Instead we just continue to subject ourselves to continual theft and vandalism which costs us all muc more than the very small about it would cost us to contribute toward a basic camera system.
It would certainly have been nice if we had security cameras last night when someone entered the lower garage and broke into my car damaging the interior at great expense to me once again. Glen Iris has done absolutely nothing to protect our community and should be held liable. This makes about $10,000 so far i have lost due to the total lack of security and any measures to monitor what goes on in our garages.
ReplyDeleteWhat you said is certainly correct. Surveillance cameras can be really helpful both for HOAs and individual homeowners.
ReplyDelete