CCTV can improve security in a body corporate when it is installed and managed appropriately. It can also raise privacy, approval and records-management questions for owners, occupiers and committees.
A scheme may consider cameras after break-ins, threatening behaviour, facility misuse or inadequate security. This article explains the Queensland rules, suitable camera locations, privacy safeguards, approval questions, footage management and options for challenging a CCTV decision.
What are the rules for CCTV in a strata property?
Queensland CCTV use can involve state and federal privacy, surveillance and criminal laws. The Body Corporate and Community Management Act 1997, known as the BCCM Act, does not contain a dedicated CCTV surveillance framework. Instead, existing body corporate, privacy, surveillance and criminal laws may apply to how cameras are installed and used.
A body corporate must exercise its functions reasonably when dealing with CCTV on common property. The committee should consider the purpose of the cameras, their position, what they may record and how the footage will be managed.
Cameras that record private conversations or private acts create additional risks. A person is not permitted to use a listening device to record, monitor or listen to a private conversation they are not involved in, subject to the exceptions in the legislation.
Recording a person in a private place, or recording a private act where a reasonable adult would expect privacy, can be a criminal offence without consent. The same applies to recording a person’s genital or anal region in circumstances where they would reasonably expect privacy.
These issues are separate from whether a camera is pointed at common property. For example, a camera may capture video of an entrance while also recording audio from a nearby conversation. The committee should consider whether audio is necessary and whether the system can be configured to disable it.
Where can body corporate CCTV cameras be installed?
Cameras should be directed at legitimate security areas rather than used to monitor residents’ private activities. The government guidance identifies entrances, exits, target areas and locations where footage may help identify an offender as appropriate security considerations.
Suitable areas may include:
- building entrances and exits
- car park access points
- identified areas where vandalism or other security incidents have occurred
- areas containing body corporate assets or other valuables
- access points to facilities where misuse has been an issue.
These locations are not automatically lawful in every scheme. The viewing angle matters as much as the camera’s position. A camera at a building entrance should focus on the entrance rather than unnecessarily looking into private hallways, windows or living areas.
Cameras should not be positioned to maximise opportunities to monitor or “spy on” residents or their guests. They should have a legitimate and reasonable security purpose.
Cameras should not be directed into:
- bathrooms or change rooms
- private windows
- balconies or courtyards where people reasonably expect privacy
- other areas used for private activities.
Extra care is needed around pools, gyms, children’s play areas and outdoor entertainment spaces. If a camera is needed near one of these areas, consider whether it can be pointed towards the entrance or another security risk rather than the area’s users.
Camera placement should also take account of whether the equipment can be reached or damaged, whether it captures a useful image and whether its coverage is wider than necessary. A professional installer can help select, position and configure the equipment, but professional installation does not resolve approval or privacy issues on its own.
How can CCTV protect residents’ privacy?
Privacy should be considered before a camera is approved, rather than after a resident complains. The committee should identify what the camera is intended to protect and limit the view to that purpose.
The following safeguards may help:
- use privacy masking or other settings to block private windows and areas
- disable audio where it is not needed
- avoid angles that make private conversations lip-readable
- limit viewing and recording to relevant common-property areas
- review camera positions after installation
- place clear signs explaining that CCTV operates in the area.
The audio function deserves particular attention. If CCTV is likely to capture a private conversation, the audio part of the system should be disabled and the equipment positioned to avoid making the conversation lip-readable.
Signage can help residents and visitors understand that cameras operate in an area, what the system is intended to do and who to contact with questions. The available guidance does not establish a universal requirement for CCTV signage in every body corporate, so signage should not be described as a complete answer to privacy compliance.
The body corporate should also consider who may be recorded, how footage could be shared and whether a request for footage may include information about other people. A written CCTV policy can explain the system’s purpose, privacy safeguards, access arrangements and process for dealing with incidents.
What approval is needed for CCTV on common property or a lot?
The approval required depends on where the equipment will be installed, who benefits from it, the work involved and the scheme’s governing documents.
A body corporate may need to approve equipment that affects common property. An owner should check the community management statement, registered by-laws and any exclusive-use arrangements before installing a camera or running cables through common property.
By-laws can control and manage common property, body corporate assets, services and facilities, and the use of lots. Existing by-laws may therefore address privacy, nuisance, building alterations, exclusive use areas or equipment attached to the building.
A lot-owner camera does not automatically require a new by-law. For example, a camera located entirely within a lot may raise different questions from equipment attached to an external wall, positioned on common property or connected to body corporate services. The scheme documents and the details of the proposed installation need to be considered.
A body corporate can make or change by-laws, but the process generally involves a motion to record a new community management statement. Usually, a change must be agreed to by special resolution at a general meeting, and the new statement must be registered with Titles Queensland within 3 months of the motion being passed.
A by-law must also comply with the BCCM Act and other legislation. It cannot be unreasonable when the interests of owners and occupiers and the use of common property are considered.
Before installing a camera, an owner should provide enough information for the body corporate to assess:
- the proposed location and mounting method
- the viewing angle and any privacy masking
- whether audio will be recorded
- who will own and maintain the equipment
- who will pay for installation, repairs, storage and operation
- who can access footage
- how the equipment will be removed or changed later.
The body corporate should record its decision clearly. A written policy or scheme-specific by-law may help explain installation, maintenance, access and footage handling, but any by-law must comply with current body corporate legislation.
Who can access and manage CCTV footage?
CCTV footage should not be treated as automatically available to every owner or resident. Access may depend on whether the footage is a body corporate record, the purpose for which it is held, the person requesting it and information about other people appearing in the footage.
The Queensland government guidance says CCTV footage might be a body corporate record, depending on the purpose for which it is kept. Even where it is not a body corporate record, refusing access may be unreasonable in some circumstances. Bodies corporate should consider these recordkeeping issues before installing CCTV.
For schemes covered by the relevant BCCM modules, owners and certain other interested people can inspect or obtain copies of body corporate records by making a written request and paying the applicable fee. A request for CCTV footage should identify the relevant date, time, camera or incident as clearly as possible.
The general records process requires the body corporate to allow inspection or provide a copy within 7 days of receiving a written request and payment of the fee. This does not mean an owner is automatically entitled to every recording, or that every recording is held as a body corporate record. Privacy, confidentiality, the presence of third-party information and the circumstances of the footage still need to be considered.
The body corporate should decide in advance:
- who is responsible for operating the system
- who can view live images
- who can export or share footage
- where footage is stored
- how access is logged
- how security settings and passwords are managed
- how relevant footage is preserved before it is overwritten.
Relevant footage should be preserved promptly if it may relate to a break-in, accident, threat, property damage or dispute. This is sensible records-management practice, rather than a statement that a particular retention period applies.
A committee should also consider whether a caretaker, building manager or body corporate manager has any role. Responsibilities should be written down so that access is not given informally or shared more widely than necessary.
For more information about requesting records, see accessing body corporate records.
What should a committee do before installing CCTV?
A committee should assess the security need and privacy risks together. CCTV may be useful, but the budget also needs to cover installation, maintenance, storage and ongoing operation.
Before approving the system, the committee should:
- Identify the purpose. Record the security problem the cameras are intended to address.
- Assess locations and viewing angles. Check what each camera will capture, including private windows, balconies, facilities and neighbouring areas.
- Decide whether audio is necessary. Disable audio if it is not required for the security purpose.
- Check approvals and scheme documents. Review the registered by-laws, common-property arrangements and any exclusive-use provisions.
- Set access controls. Decide who can view, copy, export and manage footage.
- Plan secure storage. Consider passwords, system security, backups and the risk of unauthorised access.
- Prepare a footage process. Set out how incidents are reported, how relevant footage is preserved and how records requests are handled.
- Budget for the full system. Include installation, maintenance, repairs, storage and ongoing operation.
- Consider signage. Explain that CCTV operates in the area and provide a contact for questions.
- Use a suitable installer. Ask the installer to document the camera positions, settings and privacy controls.
A written CCTV policy may help the committee apply these decisions consistently. It should explain the system’s purpose, camera locations, access permissions, storage arrangements, incident process and approach to privacy.
The committee should also communicate the proposal before installation where possible. Providing owners with the proposed locations and privacy safeguards can identify concerns early and make the decision easier to manage.
How can a resident challenge CCTV or make a complaint?
An owner or occupier can raise concerns about an unreasonable CCTV decision or camera position. The concern may relate to the direction of a camera, the area being recorded, nuisance, privacy, access to footage or the way the system is being managed.
Start by collecting practical information:
- which camera or recording is involved
- where it is installed
- what it appears to capture
- why the position or use is causing concern
- what change would resolve the issue
- copies of relevant correspondence, photographs or meeting minutes.
CCTV must not cause a nuisance or unreasonably interfere with another occupier’s use and enjoyment of their lot or common property. The broader body corporate rules also prohibit use of a lot or common property that causes a nuisance or hazard, or unreasonably interferes with another lot or common property where the person is lawfully present.
The first step is to make reasonable efforts to resolve the issue with the body corporate, committee or other owner. Put the concern in writing and clearly state the outcome you are seeking. This may include changing a camera angle, disabling audio, limiting access or reviewing a decision.
Self-resolution is required before taking other formal dispute-resolution steps. It can include written communication, presenting a motion to the committee or presenting a motion to a general meeting, depending on the issue.
If the issue cannot be resolved, an owner or occupier may be able to apply for formal dispute resolution through the Office of the Commissioner for Body Corporate and Community Management. The applicant will generally need to show that reasonable self-resolution steps were attempted first.
CCTV decisions should balance security with privacy, reasonable use of common property and careful management of footage. If you need help considering a proposed system or responding to a CCTV concern, contact StrataCare at reception@stratacare.com.au.
