Installing CCTV in a strata or body corporate scheme raises practical questions about privacy, recordings, footage ownership and access. This guide explains the main considerations for lot owners, residents and committees before installing cameras or challenging existing CCTV.
How does CCTV work in a Queensland strata or body corporate scheme?
Queensland’s Body Corporate and Community Management Act 1997 (BCCM Act) does not contain specific provisions dealing with CCTV surveillance. Existing laws about privacy, nuisance, common property and body corporate decision-making still apply. If a body corporate installs CCTV on common property, it must operate the system reasonably and comply with applicable legislation.
The purpose of the cameras should be clear before any equipment is installed. A body corporate should consider:
- what areas need protection
- who will operate the system
- how footage will be stored
- who can request or view footage
- how long relevant footage should be retained
- how installation, maintenance and storage will be funded.
CCTV footage may be a body corporate record, depending on why it is kept. The body corporate should consider its recordkeeping responsibilities when planning a system.
A body corporate should also budget for installation, operation, maintenance and storage. A written CCTV policy can set consistent expectations for access, security and the use of footage.
For more practical considerations, see our guide to installing CCTV in a strata property.
What privacy laws apply to CCTV and audio recording?
Queensland law can make it a criminal offence to film a person in a private place or while they are doing a private act, where they would reasonably expect privacy and have not consented. It can also be an offence to record a person’s genital or anal region without consent in circumstances where they would reasonably expect privacy.
Private activities may include changing, using a toilet, showering, bathing or being intimate in a place where privacy would reasonably be expected. Cameras should not be positioned towards bathrooms, changing areas or other private spaces.
Audio recording creates a separate risk. A person must not use a listening device to record, monitor or listen to a private conversation they are not a party to, subject to exceptions in the legislation.
As a practical safeguard, audio recording should generally be disabled where CCTV may capture private conversations. Camera placement should also avoid making private conversations lip-readable. The circumstances matter, so legal advice may be appropriate where proposed cameras capture private areas, neighbouring lots or conversations.
CCTV footage should also be handled carefully after it is recorded. Sharing a private conversation or a recording obtained unlawfully may create further legal issues.
Does a lot owner need body corporate approval to install CCTV?
The answer depends on where the equipment will be installed, whether it affects common property and what the scheme’s registered by-laws provide.
A lot owner should first check the survey plan to understand the boundaries of their lot and the common property. The survey plan, together with the community management statement and relevant regulation module, helps identify maintenance and responsibility boundaries.
Before making a request, provide the committee or body corporate with:
- the proposed camera locations and viewing angles
- whether audio will be recorded
- the purpose of the cameras
- how footage will be stored and secured
- who can access it
- how the equipment will be maintained
- whether the installation affects common property.
Some schemes may have registered by-laws dealing with alterations, appearance, nuisance or surveillance equipment. The proposed installation must also avoid interfering unreasonably with another person’s use and enjoyment of their lot or common property.
Where should body corporate CCTV cameras be positioned?
Cameras should be directed towards legitimate security risks, rather than residents’ daily activities or private areas. Useful locations may include:
- main entrances and exits
- areas that have experienced vandalism
- rooms containing valuable equipment
- locations where identifying details, such as a person’s face, height or vehicle registration, may be captured.
The camera’s position should provide useful coverage while limiting unnecessary views into lots, balconies, windows and private areas. Cameras should not be positioned to spy on residents or guests. They should be placed for legitimate and reasonable purposes.
Equipment should also be installed where it is less vulnerable to vandalism and where the surrounding conditions allow clear images. The body corporate and owners should make appropriate enquiries about any requirements that apply to the person installing the equipment.
If a proposed camera captures more than is necessary for security, consider changing its angle, using privacy masking or reducing its field of view. These steps can help minimise complaints before the system is installed.
Can an owner access body corporate CCTV footage?
CCTV footage may form part of the body corporate’s records, depending on the purpose for which it is kept. An owner should make a written request that clearly identifies the footage sought and pay the applicable fee.
The general records process requires the body corporate to permit inspection or provide a copy within 7 days of receiving the written request and fee. This does not mean every CCTV request will result in unrestricted access to every recording. The footage must first be considered in light of whether it is a body corporate record, what was specifically requested and any relevant privacy or third-party information concerns.
If an incident has occurred, make the request promptly and identify the date, approximate time and location. A genuine concern about privacy, criminal allegations or information about other people may justify obtaining legal advice.
For more information, see accessing body corporate records.
How can you challenge unreasonable or nuisance CCTV?
CCTV must not cause a nuisance or interfere unreasonably with another person’s use or enjoyment of their lot or common property. This applies to the use of a lot and common property in a community titles scheme.
If you believe cameras are unauthorised, poorly positioned or being used in a way that affects your privacy, raise the issue with the body corporate. Put the concern in writing and explain the outcome you are seeking. You might ask for a camera to be repositioned, audio to be disabled, footage access to be clarified or a particular installation decision to be reconsidered.
Owners and occupiers must make reasonable efforts to resolve the issue before applying for formal dispute resolution. Self-resolution may include communicating with the other party, presenting a motion to the committee or putting a motion to a general meeting.
Keep copies of correspondence, motions, meeting minutes, photographs and any other relevant evidence. If the issue remains unresolved, a formal dispute resolution application may be available. An unreasonable decision by the body corporate, or an unreasonable camera location, may be disputed in the appropriate process.
Read more about resolving disputes in a body corporate community.
If you need help working through a CCTV issue, contact StrataCare at reception@stratacare.com.au.
