Ask The Professionals
With the growing trend of inexpensive home security cameras such as Google Nest and Amazon Ring how do boards balance the security rights of the individual unit owner with the privacy rights of their neighbours? What are some reasonable restrictions that we could consider implementing on behalf of the corporation?
Alberta's Personal Information Protection Act SA 2003, c. P-6.5 places a positive duty on condominium corporations to protect the personal information of residents that it collects. Accordingly, a host of rules apply to condominium corporations when they install surveillance cameras, such as providing notice. But this legislation, and the corresponding duties it imposes, do not apply to individuals.
With the trend of individuals to install their own home security cameras, we will inevitably see clashes between condominium boards and occupants over privacy issues, especially as these cameras tend to be installed outside, on or near the front door. Depending on the type of condominium, the front door and unit exterior are most likely common property, and this will give boards some leverage in the event of a dispute.
The corporation's bylaws govern an owner's rights to affix items to the common property and/or exterior of the unit. They may also contain nuisance provisions that could be triggered in the event complaints are received from other occupants about being recorded. Many of these inexpensive doorbell cameras can livestream 24/7 or are motion activated, which the neighbour across the hall may consider highly intrusive.
Boards should, as a general rule, require permission be granted prior to the installation of any security cameras by residents, but especially for those to be attached or installed on the common property. They should also request details about the camera type, capabilities, activation, recording storage (if any), and a screenshot to assess the camera's angle and field of view, all so as to minimize the impact of the camera on other residents.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
