With the Personal Information Protection and Electronic Documents Act and other new privacy rights created by the courts, there is increasing pressure on organizations to protect the privacy of individuals. For more information, visit their website here: https://www.cci-grc.ca/events/2020/02/28/professional-partners-lunch-learn-prevent-protect. The issue for the court was whether the accused’s Charter rights were infringed, but the decision contains valuable lessons for condominiums about privacy rights and requests from the police for cooperation from the condominiums during criminal investigations. Security cameras act as an extra set of eyes in the event something goes wrong. The first is whether or not you should install cameras in common areas as part of your overall security policy.The second is issues regarding owners installing cameras on their … All recorded images should be stored in a secure location, with limited access, and should be destroyed when they are no longer required. The installation of cameras on the common elements must be made after careful consideration as to the purposes and use of the video surveillance. They help condominiums and HOA’s recover costs from culpable parties that cause property damage and provide valuable footage that can be provided to law enforcement when suspicious activity or unlawful behavior occurs. Cameras should be positioned in such a fashion as to reduce capturing images of individuals who are not being targeted. For both situations the primary concern is normally the privacy rights of the other residents, but secondary concerns are often possible damage to the common elements caused by the installation of the camera and compliance with the legal requirements of the Condominium Act, 1998. When considering the installation of surveillance cameras, the following general guidelines should be taken into account by the corporation: 1) obtain resident consent by posting clear notices at the building’s access points and in the lobby; 2) ensure that security cameras do not point towards the doors to units; 3) create a video camera surveillance policy that covers access to … If a condominium intends to install cameras on the common elements it must consider if section 97 of the Act will require notice to the owners and/or approval of the owners. For example, if the cameras are installed to monitor a locker room for theft, then the footage cannot later be used for other purposes, such as monitoring the lawful objects that residents are putting in their lockers. Our profound reputation, depth of knowledge, and quality of service is acknowledged throughout the condominium industry. Boards can opt for smart surveillance systems equipped with software that can detect unusual and suspicious behaviours. The expectation of privacy depends upon a variety of factors, including but not limited to the location of the cameras. Goldman says, “Once a policy is in place with regard to security cameras, the condominium association has a duty to enforce the policy. Their costs are competitive and they provide their customers with exceptional customer service. At … The viewing range of a security camera must not capture the inside of any unit. Sorry, your blog cannot share posts by email. 2008-06 … Currently, the primary factor in the application of section 97 is the cost of the proposed cameras relative to the condominium’s annual budgeted common expenses. In other words, the use of cameras should be resorted to only when all other reasonable options have been tried and been deemed insufficient. Police cannot install hidden cameras on the common elements or access the common elements (in buildings with controlled access) without the consent of the condominium corporation. 97-0201, Summary Final Order (July 23, 1997); Terry v. Intercoastal Point Condo. Prior to installing security cameras on the common elements, a condominium corporation must consider and satisfy the requirements of Section 97 of the. In some situations, a condominium may be able to install cameras without notice or approval of the owners, such as where the cameras are necessary to ensure the safety or security of residents or prevent imminent property damage. We are routinely asked to provide advice to our clients about the installation of security cameras on the common elements. The recorded footage should only be viewed by authorized personnel and should only be viewed in the event of an incident. Cameras should be installed only to protect safety, prevent property damage, and detect or deter criminal activity; Cameras should be installed so that they only monitor the public areas of the property that are at risk of vandalism or are a security risk to persons; Cameras should not be installed toward the inside of an owner’s unit or in any other area where someone might have a higher expectation of privacy (i.e. emergency). Canada Condo, Strata & HOA News. This would include installing sufficient warning signs on the common elements that those affected areas are under video surveillance, and preparing and serving the unit owners with a Privacy and Video Surveillance Policy. Some highlights of the case are: Police investigations on common elements can benefit the residents (other than the one being investigated) as criminal activity in a unit often leads to property damage or increased safety or security concerns for the other residents. Research indicates that the growth rate of North American security camera installations is projected to nearly double by the end of 2016, from 33 million security cameras installed in 2012 to 62 million. If the condominium receives a request from an owner to install cameras on the common elements adjacent to the owner’s unit the board should consider section 98 of the Act. Q: Can an owner install a security camera to monitor his entrance area in a condo complex and can the board approve this as an agenda item? Ordinarily, it is recommended that the approval contain conditions designed to protect the privacy rights of other residents (i.e. There have been some important court decisions in the past few years about police investigations and the involvement of condominiums. The case is an interesting read in respect of balancing the privacy expectations of … A unit owner is unlikely to have the right, pursuant to the condominium documents, to install a camera that is located in the common area without support from the trustees. The installation of cameras on the common elements must be made after careful consideration as to the purposes and use of the video surveillance. Ontario’s tighter rules allow builders to keep working on condos, other jobs; Condo Smarts: Methods to streamline electronic general meetings (BC) B.C. 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