With the rise of CCTV and security systems in strata, understanding the legal aspects of installing these systems is important. Key issues include what cameras can record and compliance with relevant laws. In a recent SCA NSW webinar, Rod Smith (SCA NSW Board Member and Managing Director of the Strata Collective), Jeff Shawcross (Managing Director of Quatrix) and David Bannerman (Principal of Bannermans Lawyers) provide insights on how to address these legal considerations.
The Benefits of CCTV in Strata Schemes
- Effective in discouraging criminal activity.
- Helps in reducing home delivery theft.
- Deters vandalism and illegal dumping.
- Prevents unauthorised access into car parks.
- Encourages better behaviour among residents.
Legal Considerations for Installing CCTV Systems
The question of why we manage conflicts of interest is fundamental. It boils down to maintaining integrity in decision-making processes and effective strata management. When personal, financial or other interests conflict with the objective performance of duties, it can undermine trust and lead to legal consequences.
1. By-Laws
A by-law is required when installing CCTV cameras on common property. The by-law application should outline the following:
- The reasons for installing the cameras (e.g., improved security).
- Specific areas where the cameras will be installed.
- How long the footage will be kept and the procedures for managing footage.
2. Recording Locations
CCTVs should be placed in common areas only. Recording inside individual apartments or private spaces can breach the Privacy Act 1988.
3. Audio Recordings
To legally record conversations, you must have consent from all parties involved. If one party does not consent, audio recordings can lead to legal issues and privacy breaches.
4. Retaining Footage
If the scheme retains footage internally, it becomes part of the official records under Section 182 of the Strata Schemes Management Act 2015. This section requires records, including CCTV footage, to be available for inspection upon request by lot owners.
5. Recording Meetings
When recording meetings, notify attendees beforehand and obtain their consent. If a lot owner requests access to a recorded meeting, consider whether any discussed matters are legally privileged before granting access.
Scope of Works
1. Project Brief Template
A project brief template can help the committee understand the project’s scope, legal requirements and budget. It simplifies the process by saving time on administrative tasks and ensures everyone involved has a clear idea of what needs to be done. This helps in getting accurate quotes from suppliers and keeps the project on track.
Download Project Brief: Strata Quote Request for New CCTV Installation
2. Engaging Contractors
Scope of Works – Provide detailed information to contractors to receive accurate quotes. This includes:
- Work order or quote request
- Work order or quote request number
- Client name and email
- Lot/apartment number(s)
- Address of site
- Location of work
Thaks to Quatrix for providing a templated Scope of Works: Strata CCTV Installation Project and Project Brief: Strata Quote Request for New CCTV Installation . SCA NSW has a simple and easy-to-understand guide here to help you communicate a work order/quote details to service providers.
Get quotes only when necessary as they are usually valid for 30-90 days. Prices for materials and labour can increase, so get preliminary pricing for your project brief and then seek multiple quotes. Click here to access SCA NSW’s Scope of Works Checklist.