Homeowners’ Associations & Surveillance Cameras
As attorneys who regularly advise and represent homeowners’ associations here in Florida, we frequently receive questions about the balance between what homeowners can do with and without the approval of the homeowners’ association; for example, whether they can install surveillance cameras outside of their homes and/or in common areas. While security is of course a concern for a number of homeowners, homeowners’ associations must also look out for the privacy concerns of all owners, which leads to the balancing that must be done by the association and their attorney(s). The General Rules As a general rule, only the homeowners’ association can install anything in common areas. In addition, for owners to be able install anything such as security cameras outside of their own homes, they should always look at their bylaws and declarations first to see what these documents indicate. They are usually drafted by homeowners’ association attorneys and are very specific as to what owners must first obtain approval for when it comes to exterior changes. Getting Approval for Installing Surveillance Cameras Outside of One’s Home A surveillance camera is most likely going to be included in this list, whereby a failure to first obtain written approval before installing – even outside of one’s own home – could result in legal issues. And if the association does ultimately provide approval for the camera, they are going to need to make sure that they include the proper restrictions that protect neighbors’ privacy; as well as any other restrictions that ensure that there won’t be a ‘nuisance’ created; for example, motion sensitive exterior lights being triggered by the camera, for example. In addition to having to look out for privacy, associations must also be cognizant of nuisance issues and ensure that no one owner uses their property in such a way as to disturb the peace, quiet, and comfort of other owners. Asking The Association To Put Up Cameras For Safety Also note that it is never going to be the duty of the association to install surveillance cameras like these unless there are safety and security issues; such as a known history of criminal activity in a common area. For example, if a homeowner approaches the association in response to recent criminal activity and asks it to install cameras, the association must first consult their attorney before moving forward and responding. Similarly to the concerns that apply when individual owners want to set up cameras outside of their own residence, anything like this that is installed must be done so carefully so as to not violate any homeowners’ privacy. In addition, the attorney can also inform the association regarding whether any additional notifications are necessary, such as signs, or notices of hearings to inform and gather feedback from other homeowners first. Ultimately, if surveillance cameras are installed and common areas, the board should also adopt a written policy that addresses the following, at a minimum: What will happen with any footage that is created; Who will have access to that footage and under what circumstances it will be turned over to law-enforcement; and How long will recordings be kept before being destroyed. Reach Out to Us Today for Help Our Tampa homeowners’ association attorneys have provided knowledgeable legal advice and representation to a number of associations throughout Florida. Contact us at HD Law Partners today to find out more. Resource: washingtonpost.com/business/2019/09/03/can-an-owner-homeowners-association-install-security-cameras/ https://www.hdlawpartners.com/florida-residents-homeowners-association-disputes-over-painting/ Posted in Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us