Monday September 23, 2024
Providing a safe and secure environment for residents is a top priority for any condominium or cooperative board. For some properties, that means the installation of security cameras to deter theft, vandalism, trespassing, and other common crimes. Board members should do their best to limit access to surveillance footage to help prevent potential misuse and privacy violations.Our experts answered the most common questions we receive about security footage, access protocols, and balancing resident requests with legal obligations.
*We recommend that all condominium and cooperative boards consult their building attorney on all matters related to compliance, potential liability, and unique legal considerations.
How should condo/co-op boards respond to requests from residents to view surveillance footage?
While board members generally have the authority to review security camera footage, it’s typically not their responsibility to monitor footage directly. Instead, access is often granted to their property manager or third-party security provider. This approach helps limit unnecessary access to security camera footage. In addition, residents should not have access to footage or copies of footage without prior approval from the board and legal counsel."Limiting access protects the privacy of residents and helps prevent potential misuse. For example, a board member might be inclined to review footage to resolve a disagreement between neighbors, but this could result in claims of bias. By leaving such matters to a neutral third party, the board can focus on its core duties and avoid unnecessary entanglement in personal matters between residents."
— Christina Forbes, President, Manhattan Condo/Co-op Division | FirstService Residential
This delicate balance is why many boards choose to limit direct access to security camera footage and delegate this responsibility solely to their property manager and their resident manager.
Who is responsible for reviewing security camera footage? How do you decide who has access while also complying with New York City’s strict surveillance laws?
Boards should establish clear policies that define who can access footage and under what circumstances. These policies should be communicated to all board members and residents to establish transparency and trust.Typically, a request to access footage is made to the property manager and includes the reason for the request, the timeframe of footage needed, and any specific cameras to be checked. The property manager or security provider should maintain a log of requests and a list of anyone who accessed footage. If the footage needs to be saved, access to the saved footage should be limited to as few people as possible.
Need help enforcing house rules at your property? Read our guide for New York City board members.
How long should condo/co-op security camera footage be saved?
Security camera footage is generally stored for 30 to 90 days depending on the building size, their data storage capacity, and any applicable legal requirements. It’s important to have a plan for securely deleting data after the retention period ends so that old footage doesn’t become a liability.If an incident occurs in the building that could lead to litigation, the board should consult its attorney to determine if preserving relevant footage for a longer period may be appropriate.
Where should condo/co-op security cameras be installed? What areas should be avoided?
While installing security cameras in your building is legal, there are certain areas where capturing footage is not permitted. The most common areas for video surveillance include:- Entrances and exits – position cameras to capture footage of anyone entering or exiting the building
- Common areas – high-traffic areas such as lobbies, elevators, mailrooms, storage rooms, and parking garages. Hallway cameras must be carefully placed to avoid capturing footage that shows the inside of any residential unit.
- Amenity spaces – pools, gyms, laundry rooms, bike rooms, and pet areas
- Staff-only areas – mailrooms, maintenance areas, and storage rooms
Is it legal for condo/co-op security cameras to record audio?
It is uncommon for boards to install security cameras that record sound, as this introduces other legal and privacy concerns. This is especially true for cameras positioned outside of locker rooms and restrooms.While video surveillance is allowed outside these areas, any audio captured could be considered unlawful eavesdropping as defined by Section 250.05 of the labor law. If residents, guests, or building staff are unaware that their conversations are being recorded, even if these conversations take place in a common area, they could argue that they were subject to unlawful eavesdropping.
If audio recording is necessary, consult with an attorney for specific advice on implementing prominent signage and clearly communicating about when and where audio recording takes place.
If security cameras aren’t properly maintained, it can expose the building to significant risks.
Surveillance cameras can give residents, guests, and building staff a sense of added security in your building and are often used as a selling point for prospective buyers. What happens if the cameras don’t work or were purposely installed as a visual deterrent, not to capture any real footage?Should a crime occur at the building, for example a break-in, assault, or theft, a board may be held liable for creating a false sense of safety and security.
Non-functional “dummy cameras” can also impact a building’s insurance coverage. Many insurance policies require functional security systems as a condition of coverage. If security cameras are found to be defective, it could result in a claim denial or a premium increase.
To avoid these risks, conduct regular maintenance checks on all surveillance equipment and verify that your security cameras are capturing and storing footage correctly. Boards should also avoid installing dummy cameras at their property.
Ring cameras and video doorbells
Video doorbells and personal security devices like Ring Cameras are an affordable, easy-to-install solution for residents. That said, many boards are wary of how residents will use captured footage of their neighbors and common area hallways. To protect resident privacy, policies that regulate the use of personal door cameras are quite common.Common rules include:
- Board approval is required before installing video doorbells outside an apartment
- Video doorbells may not directly face another resident’s unit
- Audio recording must be disabled
- Duration of video storage is restricted
FirstService Residential is New York’s leading professional property management company. Our solutions help mitigate risk, enhance the value of your assets, and give your residents peace of mind. Contact our local experts today!
*We recommend that all condominium and cooperative boards consult their building attorney on all matters related to compliance, potential liability, and unique legal considerations.