The Importance of a Surveillance Policy in Condominium Communities

Surveillance cameras are increasingly common in condominium communities, offering a layer of monitoring for various purposes. However, it’s important to differentiate these from security cameras, as the presence of surveillance video is primarily for rule enforcement, not safety. Attorney Kristie Leff of Bender Anderson & Barba P.C in North Haven, CT advises that associations establish a clear surveillance policy to protect both residents and the association from potential liability, while also ensuring that the cameras are used responsibly and in line with legal considerations.

Surveillance Cameras: Rule Enforcement, Not Crime Prevention

When implementing surveillance, it’s crucial for an association to make it clear that these cameras are for monitoring common areas to enforce community rules and regulations. As Kristie Leff explains, a well-crafted surveillance policy will highlight that video footage is not actively monitored, and the association is not responsible for guaranteeing resident safety or preventing crime. This policy clarifies that any criminal activity should be reported directly to the local authorities, as the association is not taking on the role of a security provider.

A policy that outlines these points can help mitigate potential legal risks. For example, in a recent case, a woman was assaulted in a condominium elevator and successfully sued, arguing that the video surveillance footage could have helped prevent the incident. By clearly stating the intended purpose of surveillance, associations can limit their liability, preventing the misunderstanding that the video monitoring is intended to ensure safety.

The Role of Signage and Deterrence

While the primary purpose of surveillance cameras is for rule enforcement, their mere presence can also act as a deterrent to crime. Kristie Leff emphasizes the importance of posting signage to inform residents and visitors that surveillance cameras are in use. While legally optional, this signage can encourage compliance with community rules and potentially reduce the likelihood of criminal activity, simply by making individuals aware that they are being observed.

Additionally, once the policy is established, it should be communicated to residents via proper notice, including a comment period. This ensures transparency and lets everyone know that the cameras are now in place. The policy should clearly state that the cameras are not intended for security purposes but are an effective tool for ensuring that condominium rules are being followed.

Privacy Considerations

Privacy is a significant concern when using surveillance cameras in condominium communities. While residents have an expectation of privacy within their units, outdoor spaces—such as hallways, parking lots, or common areas—do not fall under this protection. The association is not required to seek consent from residents to install and operate surveillance cameras in these areas, but careful consideration must be taken to avoid infringing on areas where privacy is expected. This includes private yards, fenced-in areas, and places like pool locker rooms or restrooms, where individuals would have a reasonable expectation of privacy.

Kristie Leff advises associations to take special care in positioning cameras to ensure they are not monitoring these private spaces. By following these guidelines, associations can avoid potential legal issues related to privacy breaches.

Sample Surveillance Policy

 Use this as a starting point for discussion with your community attorney:

Video surveillance cameras are in use on the property for rule enforcement purposes only and are not actively monitored. The Association is not a guarantor of residents’ safety or crime prevention. The presence of video surveillance cameras may or may not be a deterrent to crime. Residents are reminded to always use common sense and caution when on the condominium property. Immediately report any suspected crimes to the local police.

Creating a Secure and Respectful Environment

A well-defined surveillance policy serves multiple purposes. It helps enforce condominium rules, deters criminal behavior, and protects the association from legal liability. Clear communication and proper signage are key to ensuring that residents understand the scope and intent of surveillance, while privacy concerns should be carefully addressed. By adopting a thoughtful approach, associations can create a secure and respectful environment for all residents.