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WA: Q&A Council of Owners Approval for CCTV Cameras

The LookUpStrata Team
Dashcam

This Q&A from a WA Lot Owner is about Council of Owner spending limits for items not in the budget.

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Question: After instances of unruly behaviour and numerous by-law breaches, the CoO wishes to install a CCTV camera over the swimming pool. What restrictions apply to the installation?

I am on our apartment building’s council of owners (CoO). The development has 54 apartments. The CoO wishes to install a CCTV camera over the swimming pool. 

We have had unruly behaviour in the pool with numerous by-law breaches. 

Answer: If a scheme has experienced unruly behaviour in the pool area, it is reasonable for the council of owners to consider installing CCTV cameras.

The council of owners is delegated the responsibility of managing common property for the benefit of all owners. If a scheme has experienced unruly behaviour in the pool area and numerous breach notices have not resolved the issue, it would be reasonable for the council of owners to consider installing CCTV cameras around the pool area to assist in enforcing the scheme by-laws.

However, before installing CCTV, a strata scheme should consider the following:

By carefully considering these factors, a strata scheme can ensure that the installation of CCTV cameras is effective, compliant, and respectful of residents’ privacy.

Courtney Butters-Kerr B Strata E: operations@bstratawa.com.au P: 9382 7700

This post appears in the September 2024 edition of The NSW Strata Magazine.

Question: If our strata company installs CCTVs, are we required to display signs to indicate CCTV is in use?

Answer: Strata companies are generally required to inform residents and visitors about the presence of CCTV cameras through appropriate signage.

In Western Australia, the use of CCTV cameras on strata common property is subject to the Privacy Act 1988 (WA) regarding collecting, handling, and storing personal information. This act outlines the principles related to privacy and personal information, including the use of surveillance cameras.

Key considerations include:

  1. Notification: Strata companies are generally required to inform residents and visitors about the presence of CCTV cameras through appropriate signage. This notification is not only a legal requirement but also a privacy principle to ensure transparency.

  2. Legitimate Purpose: The use of CCTV should be for legitimate and lawful purposes, such as security, safety, and protection against unlawful activities.

  3. Data Handling: Strata companies must handle the recorded footage in compliance with privacy laws, ensuring that personal information captured by the cameras is stored securely and not misused.

  4. Consent: In some cases, consent from residents or visitors may be necessary when their personal information is collected through CCTV cameras. This can depend on the circumstances and the specific content of the recordings.

  5. Property-Specific Bylaws: It’s crucial to refer to your property’s specific bylaws, as they may contain additional rules and guidelines related to the use of CCTV within your strata complex. These bylaws can vary from one strata complex to another and may include specific requirements related to surveillance.

Compliance with both the Strata Titles Act, the WA Privacy Act, and property-specific bylaws is essential to ensure that the use of CCTV in strata complexes is in accordance with legal, privacy, and property-specific requirements. For specific guidance and up-to-date information, it is advisable to consult with your strata manager and or seek legal advice.

Jordan Dinga Abode Strata E: abode@abodestrata.com.au P: 08 9368 2221

This post appears in the November 2023 edition of The WA Strata Magazine.

Question: We don’t have a security camera policy. Many cars have dashcams. Can the strata company insist residents turn off dashcams while vehicles are in the car park? Can the council request to see relevant dashcam footage?

Our strata building does not have a security camera policy. It is not a priority of the committee.

This has led to the installation of many unauthorised cameras capturing sections of common property. Some owners would like to have these removed due to privacy issues/concerns.

We’ve noticed a growing number of dashcams on cars that record movement in common areas. Can the strata company insist residents turn off dashcams while vehicles are in the car park? Can the council request to see relevant dashcam footage?

Answer: The strata company can make a by-law that requires owners or occupiers to turn off their dash cams once they are on common property.

The installation and use of dash cams are regulated by the Surveillance Devices Act 1998 (WA) (‘Act’) in Western Australia.

Section 6 of the Act prohibits a person from installing, using or maintaining a dashcam to visually record a private activity to which the person is a party, unless:

  1. it happened unintentionally; or

  2. each party taking part in the private activity has expressly or by implication consented to the installation or use of the dash cam.

The activity will be considered private if the parties to the activity desire it to be observed only by themselves and does not include circumstances where the parties should have expected that their activity may be observed.

Places with public access, such as the parking area or car park at your strata scheme, would not be an area where you would expect your activities will be private and not observable by others. If you are driving or present on private property and recording non-consenting persons, you will likely be breaching the Act.

To answer your question, I do not believe that dash cams recording activities in common areas would be breaching any law unless persons accessing the common areas for one or other reason can expect that their activities would be private and not observable by others.

The strata company can make a by-law that requires owners or occupiers to turn off their dash cams once they are on common property. It will likely be a conduct by-law requiring a special resolution of the strata company before it can be introduced.

The strata company can ask an owner or occupier to show them footage from their dash cam. The person will not be entitled to provide the video recording, and the strata company will not be allowed to view it if it was obtained in contravention of sections 6 and 9 of the Act. An example of where the footage may be requested by the strata company is where it recorded an incident of damaging common property, and the activity cannot be considered private.

If the person refuses to provide the footage to the strata company, they can compel provision in certain circumstances. One example will be where they want to use it as evidence in a claim against the person who damaged the common property in the above example. Depending on the facts of the case, they may be able to obtain the recording by issuing a subpoena.

Eduard Ferreira Douglas Cheveralls Lawyers E: eduard@dclawyers.com.au P: 08 9380 9288

This post appears in Strata News #657.

Question: Our council of owners has requested access to our CCTV footage. The strata manager refuses. How can this occur when we instruct the strata manager?

I am on the council of owners at our apartment block. The building, which is only a year old, includes CCTV. Should the council of owners have access to the CCTV footage? We’ve had some break-ins, and our strata company will not give us the access details. It is bizarre that we employ them to manage our strata, yet they won’t do what we ask. We are not sure where we go from here.

Answer: If a majority instruct the strata manager on the preferred process for the security footage, this should be sufficient.

The strata manager does work under the instructions of the council of owners, however it is essential the Council of Owners are also working under privacy requirements. Therefore, if a majority of the council of owners or owners instruct the strata manager on the preferred process for the security footage and it meets legislation requirements, this should be sufficient.

It is also imperative the owners understand how the footage is accessed (e.g. log into a terminal, remote access) and that the strata company has the right protocols in place e.g. forms that cover privacy for the person requesting and accessing footage, consent to disclose information, who is paying/costs etc. The process to record and access footage must adhere to privacy requirements etc.

Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: 08 9262 0400

This post appears in the July 2023 edition of The WA Strata Magazine.

Question: An owner has changed an exterior light to a light + CCTV. Should they have requested permission for the change?

Our strata bylaw states that a proprietor of a lot shall not, without the written consent of the strata company, install any fixtures, fittings, erections, machinery or equipment upon any portion of the lot or the building. The bylaw gives examples of air con units, satellite dishes, outdoor shade structures.

A lot owner has changed an existing floodlight to a floodlight / CCTV combination using the same installation point/power. Does the lot owner needed written permission (retrospectively) or is this simply an update to an existing fixture? To ensure we are consistent with future owner’s requests for similar installations, do lot owners need permission to install items such as a CCTV at an existing light point?

Answer: If lot owners are changing an approved item with something that is different in look or function then the best practice would be to seek written consent again from the strata company.

If the Lot owner is replacing something ‘like for like’ that they already have approval for, then there is no need to seek further approval. If however, they are changing an approved item with something that is different in look or function then the best practice would be to seek written consent again from the strata company. The other by-law that needs consideration, in this case, is the appearance of the lot. If the change is not in keeping with the other lots or is different in appearance, then written consent should be obtained.

It is noted that the owner change the floodlight to a CCTV combination and hence written instruction should be requested for this as you need to ensure this level of added security does not breach residents’ privacy. WA also has a Surveillance Devices Act 1998 which regulates the use and installation but most importantly refers to the requirement of consent.

Jamie Horner Empire Estate Agents E: JHorner@empireestateagents.com P: 08 9262 0400

This post appears in the December 2022 edition of The WA Strata Magazine.

Question: Does an installed security camera change the external appearance of the lot? If so, is Council of Owners approval required? 

I am in a 6 lot strata and one owner has installed a security camera, visible from the common area driveway and filming all people/traffic going up and down the common area driveway.

I think this changes the external appearance of the lot and requires an application to the Council of Owners for their approval. Is this correct?  

Answer: The installation of a camera does not constitute a structural alteration, therefore would not require the same approval process as it would if it was structural.

The installation of a camera does not constitute a structural alteration, therefore would not require the same approval process as it would if it was structural.

The Standard Conduct by-law 14 (Appearance of lot) states “An owner or occupier of a lot must not, without the written consent of the strata company, maintain within the lot anything visible from outside the lot that, viewed from outside the lot, is not in keeping with the rest of the building”.

It is very likely that the camera installation you reference would constitute a breach of this by-law. It would be important to check the specific by-laws relating to your lot to ensure that this by-law is applicable.

For me perhaps of greater concern is the potential breach under The Privacy Act 1988 and surveillance Devices Act 1998. The advice often given to Strata Companies when installing CCTV is to ensure that the cameras DO NOT capture any parts of the lots and only record common property. The situation you describe is the reverse of this and if the lot owner does not have the Strata Company’s approval to film common property then it is highly likely a breach exists.

The use of CCTV in Strata Complexes by Strata Companies and lot owners alike is becoming increasingly common. I recommend that All Strata Companies and their lot owners work together on developing strong CCTV by-laws and policies to protect all involved. It is important that such by-laws and policies ensure that the right to peoples privacy is protected and the use, access and purpose of CCTV footage is controlled.

If considering the implementation of CCTV by-laws I would suggest engaging a strata lawyer to assist with this.

Luke Downie Realmark E: ldownie@realmark.com.au P: 08 9328 0999

This post appears in the December 2020 edition of The WA Strata Magazine.

Question: Does the Council of Owners have a spending limit for items not in the budget? In this case, specifically for common area security eg CCTV cameras.

Is there an upper expenditure limit which the Council of Owners can authorise if the purchased item is not budgeted? Specifically, installation of CCTV cameras and associated hardware on common areas for security.

Can this expenditure be authorised by COO without gaining the approval of all or a majority of the 80 owners?

Answer: With the new legislation that came into effect 1 May 2020, limits have been set on unauthorised budgeted expenditure and limits have been set on expenditure associated with improving common property.

There are two issues here, one dealing with unauthorised budgeted expenditure with the general management of common property, the other dealing with improvements to common property.

Under the reforms to the strata Titles Act 1985 as amended 2018 and the subsequent Regulations 2019 which all came into effect 1 May 2020, limits have been set on unauthorised budgeted expenditure and limits have been set on expenditure associated with improving common property.

The question relates to the installation of CCTV and associated hardware on common property. In my opinion under the reforms, this is an improvement or addition to common property. As such the $500.00 per lot regulation applies but in addition to that the council of owners would under the reforms require a “Special Resolution”. They would also need to provide to the strata company full details of the work, timeframe for completion, costings involved, drawings, location and quotes or tenders for the required work.

What is Required For a Special Resolution?

A special resolution is whereby 50% or more of owners and 50% or more of their unit entitlements agree, but no greater than 25% of owners and 25% of their respective unit entitlements disagree.

Brian Rulyancich StrataTAC E: strata@stratatac.com.au T: 0428 970 067

This post appears in Strata News #353.

Have a question about Council of Owners spending limits or something to add to the article? Leave a comment below.

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