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By Melissa Bauman Ward, Esq.
When it comes to surveillance cameras – both for associations and members – policy considerations should be examined carefully.
The presence of surveillance cameras in homeowners associations is not uncommon. Cameras are used for everything from crime deterrence to creating evidence of crimes (particularly theft and destruction of property) to figuring out who is leaving furniture by the dumpsters or not cleaning up after their dog. The predominant issue revolves around a member/resident’s right to privacy.
Surveillance cameras typically point toward the common area, including the sidewalks, parking areas, driveway areas, landscaped areas, trash enclosures, and other recreational areas. Because anyone walking on the common area past the cameras will be caught on tape, so to speak, and will have their likenesses recorded, there is concern that their...