There are countless reasons that your condominium association may benefit from installing security cameras around the condominium. However, your condominium association should always consult its legal counsel before doing so, as security cameras often trigger nuanced issues that risk civil and criminal liabilities that may not be immediately apparent to your community.
For example, the installation of security cameras may be considered a “material alteration” to the common elements. To that end, consider Fla. Stat. § 718.113, which provides in pertinent as follows:
(2)(a) Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.
Most declarations of condominium include a provision regarding material alterations by the association specifying the level of approval required for material alterations to the common elements. If the declaration does not specify a procedure, then the provisions of Section 718.113(2)(a) will apply. Depending on the material alteration provision in the declaration, the Board of Directors may not have the ability to install security cameras without a vote of the owners.
The installation of security cameras may also trigger privacy issues that can also lead to liability. Generally speaking, Florida law permits video surveillance of areas where there is no reasonable expectation of privacy. However, the term “reasonable expectation of privacy” is subject to debate and – if your community association runs afoul of the privacy laws of Florida – stiff penalties may be imposed. To that end, consider Fla. Stat. § 810.14 which provides as follows:
810.14 Voyeurism prohibited; penalties.—
(1) A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent:
(a) Secretly observes another person when the other person is located in a dwelling, structure, or conveyance and such location provides a reasonable expectation of privacy.
(b) Secretly observes another person’s intimate areas in which the person has a reasonable expectation of privacy, when the other person is located in a public or private dwelling, structure, or conveyance. As used in this paragraph, the term “intimate area” means any portion of a person’s body or undergarments that is covered by clothing and intended to be protected from public view.
(2) A person who violates this section commits a misdemeanor of the first degree for the first violation, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who violates this section and who has been previously convicted or adjudicated delinquent two or more times of any violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For purposes of this section, a person has been previously convicted or adjudicated delinquent of a violation of this section if the violation resulted in a conviction sentenced separately, or an adjudication of delinquency entered separately, prior to the current offense.
Furthermore – if your condominium association decides to install security cameras that record oral communications – then your condominium association may have additional privacy issues to navigate. Generally speaking, Florida is a “two party consent” state, which means that Florida law prohibits the intentional interception of oral communications through the use of a device if one does not have the prior consent to all parties. However, the statute makes an exception for in-person communication when the parties do not have a reasonable expectation of privacy in the conversation, such as when they are engaged in conversation in a public place where they might reasonably be overheard. This law predominately involves recording audible conversations (electronic eavesdropping), or intercepting other electronic communications (phone tapping).
Lastly, because condominium associations are also governed by their respective Governing Documents, your condominium association should be aware that their Governing Documents may also address, or even prohibit, the installation of security cameras.
Ultimately, this article is not intended to serve as an exhaustive list of issues your condominium association may deal with in installing security cameras. Rather, this article is intended to emphasize that you should always consult your legal counsel early and often when it comes to the issue, as it can be nuanced to navigate and costly to address if done so without proper planning and analysis.
