“Installing Security Cameras In Your Condominium” – FCAP Managers Report

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”, such that Florida law requires unit owner consent. To that end, consider Fla. Stat. § 718.133, 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.

In other words, in some cases, (and usually most), the Board of Directors of your community association cannot simply decide to install security cameras on their own and, if they do – in violation of, for example, the foregoing statute – your condominium association may be sued and ultimately ordered to remove the security cameras – at your community’s expense. Your governing documents may have specific provisions regarding material alterations, which would generally take precedence over the above statute.  You should always consult with your attorney before contracting for the installation or upgrade of security cameras.

Another concern is that the installation of security cameras may also trigger privacy issues that can lead to liability. Generally speaking, Florida law permits video surveillance of areas where there is no reasonable expectation of privacy, which generally includes association common elements. 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.  Section 810.14, Forida Statutes, provides:

• 810.14 Voyeurism prohibited; penalties.—

1. A person commits the offense of voyeurism when he or she, with lewd, lascivious, or indecent intent:
   1. 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.
   2. 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 communications – then your association has additional privacy and notification 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, on the other hand, what if these communications were made in an area where there is no “reasonable expectation of privacy”?

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.

To read the original FCAP article, please click here.

Nicolas M. Jimenez is a Community Association attorney in the Miami office. Mr. Jimenez has experience representing clients in Florida state and federal courts and has a diverse range of subject matters, including matters relating to contractual disputes, non-compete litigation, intracorporate disputes, landlord-tenant disputes, employment disputes, class actions, and condominium related litigation.