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QLD: Q&A Can a Lot Owner Access Body Corporate CCTV Footage?

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This Q&A is about whether lot owners are able to access body corporate CCTV footage.

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Question: Our common property CCTV recorded the actions of a resident. A committee member circulated the recording to other owners. Should the body corporate committee records be distributed like this?

Our body corporate recently installed CCTV in our building’s entrance foyer and basement. A resident acted in an unusual manner, though nothing criminal or offensive. The CCTV recorded the behaviour. A committee member circulated the CCTV recording to a number of other owners, causing embarrassment to the resident.

Can the committee member do this? Are there any regulations governing the storage, viewing, access or circulation of electronic images? Should the body corporate committee records be catalogued and stored in a certain way?

Answer: While there are strata elements, there are also potential privacy aspects.

This is a tricky one. While there are strata elements, there are also potential privacy aspects – on which I am absolutely not an expert – and some aspects of human behaviour to consider.

On the strata side: footage from CCTV installed on common property is generally accepted to be a body corporate record. This, in turn, means it is accessible to an ‘interested person’. An owner is an interested person. That said, there is a process to request and obtain records.

There is nothing in the body corporate legislation about what I’d term ‘proactive’ distribution of a body corporate record in the manner you describe. So in one sense, what the committee members have allegedly done is not prohibited under strata legislation. Whether they should have done it at all is, of course, a whole other issue. There is a code of conduct for committee members. Have their actions contravened it? Maybe have a look at it and draw your own conclusions: Body Corporate and Community Management Act 1997

On the privacy side of things, you might like to contact the Office of the Information Commissioner for further information.

The resident in question might also like to seek legal advice about whether they have any remedies at law to pursue here.

This then leaves us with the question of human behaviour. Personally, I’d be very keen to know why the committee members allegedly did this. If it is merely for their own enjoyment, then perhaps it is time to consider if they should continue to be on the committee. Committee members can be removed by ordinary resolution at a general meeting. You may want to start having some discussions with other owners about this situation: if it has happened to one resident, then who is to say it might not happen again, to others?

This is general information only and not legal advice.

Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898

This post appears in the May 2023 edition of The QLD Strata Magazine.

Question: Our body corporate has installed CCTV cameras. Vision from all cameras is broadcast to all owners. One camera has a clear vision of inside my garage which is next to a fire exit. The garage is part of my lot. Is it legal for the Committee to broadcast this footage live, 24/7?

Answer: I’ve never heard of CCTV being broadcast to all owners’ TVs in a strata scheme.

I can’t tell you definitively if it is legal or not. That is not a body corporate query, it is a privacy-related query. You may wish to contact the Office of the Information Commissioner in the first instance.

From the body corporate side of things, there should be a record of the installation of the CCTV and the broadcast arrangements in the minutes of your body corporate meetings. I suggest taking a look back through those or doing a search to obtain them. There may be grounds to challenge those decisions, depending on how and when they were made.

Assuming you are an owner, you have a right to put motions to both the committee and to a general meeting, so if you have concerns about the CCTV you can put motions about that to those meetings. You might like to firstly discuss with your fellow owners how they feel about it. If they like the CCTV and feel secure with it, chances are you won’t have the numbers to succeed in your motion.

I will admit, I’ve never heard of CCTV being broadcast to all owners’ TVs in a strata scheme.

Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898

This post appears in Strata News #595.

Question: If you have CCTV installed in a body corporate, do you need a sign up stating cameras are installed?

Answer: What do you want to achieve by having a sign alerting people to CCTV’s on common property?

Chris Irons, Strata Solve:

No, you don’t from a strata perspective. There’s no obligation to put up a sign. There might be obligations under other legislation.

Frank Higginson, Hynes Legal:

Not that I’m aware of those either. Why have we got these CCTV systems set up? Is it to catch people? Is it to be a deterrent? Is it to stop some sort of bad behaviour somewhere?

Chris Irons, Strata Solve:

‘Why?’ applies to the sign as well. What are you hoping to achieve with the sign? Is it to alert people? Is it a warning? Okay, then we come back to how you word it, and come back to all of my comments about how there’s a particular way you’d want to word it based upon the objective that you’re hoping to achieve.

The issue I would highlight is that the instant the body corporate and its committee decide to put up a sign, they have to make a decision. First of all, that decision is challengeable. Second of all, they’ve authorised the sign being put up. If the committee has decided that a sign has to go up, they have to take responsibility for the sign and its contents. If you add the sign, you add another layer of complexity to the situation, you also add another opportunity for something to go wrong, for something to cause a dispute. I would always be asking, What do you want to achieve by having a sign?

Frank Higginson
Hynes Legal
E: [email protected]
P: 07 3193 0500

Chris Irons
Strata Solve
E: [email protected]
P: 0419 805 898

This post appears in Strata News #553.

Question: I have installed CCTV. This was discussed at a previous AGM, but no agreement was reached and the discussion was not minuted. What happens now?

As a unit owner in a 4 unit complex, I have installed CCTV. On a previous Body Corp AGM, the question of CCTV was discussed, but the owners could not agree to a system that would satisfy everybody’s needs. It was, however, agreed that individual owners could arrange their own CCTV. 

Unfortunately, it was not mentioned in the Minutes of the meeting, and the Body Corp says that the permission to install CCTV is null and void. 

We are the only Owner-Occupier in the block and therefore have different priorities to that of an absentee investor. We are now required to lodge an application for the CCTV that could be denied. What are our options?

Answer: Even if the installation was discussed at a general meeting, for any approval to exist a resolution is required.

Even if the installation was discussed at a general meeting, for any approval to exist a resolution is required.

The lot owner should submit a motion to the body corporate to be considered. If the committee has any reasonable concerns with the proposal, it should ventilate them with the owner and give the owner the opportunity to make adjustments to the proposal or include conditions on the approval.

If the body corporate acts unreasonably in its concerns, or in refusing to provide approval, the lot owner has rights to have the decision overturned in the Commissioner’s Office.

Todd Garsden
Mahoneys
E: [email protected]
P: 07 3007 3753

This post appears in the April 2021 edition of The QLD Strata Magazine.

Question: A lot owner has cameras install throughout the building. The CCTV feeds go to his apartment so he has control of all footage. Is this legal?

The owner of the penthouse in our building has put a camera on the driveway and is in the process of installing additional cameras within the building. He has got the CCTV feeds going to his apartment so he has control of all footage. 

Is this legal? He does not have permission nor has he advised any other lot owners in the building.

Also, shouldn’t the building manager / caretaker be the person who accesses the CCTV footage? 

Answer: Cameras can only be installed on common property with the approval of the Body Corporate, as it is an improvement to common property for the benefit of a lot.

Cameras can only be installed on common property with the approval of the Body Corporate, as it is an improvement to common property for the benefit of a lot. Additionally, approval is likely required pursuant to the by-laws.

Assuming that the cameras have been installed on common property, your complaint should first be sent to the Committee. If no action is taken, and you are not comfortable approaching the owner of the penthouse directly, then the next step will be filing an application in the Commissioner’s Office.

Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in the March 2021 edition of The QLD Strata Magazine.

Question: Legally, how long do CCTV records need to be kept?

Answer: There are no legislative requirements on the length of time the footage is required to be preserved by the Body Corporate.

As CCTV footage is not a record that the Body Corporate is required to keep pursuant to the legislation, there are no legislative requirements on the length of time the footage is required to be preserved by the Body Corporate.

However, if the Committee is aware of a current request for CCTV footage of a particular time/period, it would be unreasonable for the Committee to delete the footage before the request has been fulfilled (see for example the adjudicator’s comments at paragraphs 39 and 40 in Dakota at 88 Macquarie Street [2019] QBCCMCmr 530 (18 October 2019)).

Alanna Hill
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in Strata News #452.

Question: A lot owner with majority voting rights has installed CCTV cameras without approval. He refuses to allow footage to be viewed. Can we have the CCTV Cameras removed?

The CCTV cameras in my block of twelve apartments and two shops are owned an operated by the owner of the shops and one apartment.

There was no approval of authority given to install theses cameras, and they have never been used for any useful purpose.

The owner says that viewing is on a “need to know basis” in other words nobody else can view this footage.

Our Strata manager for some reason is unable to have this matter rectified, the owner is the self-appointed secretary, and because of being given three company nominee votes has the majority of voting rights.

So even if put on the agenda for a Committee meeting and is voted against, he calls an EGM where his majority of votes win. This is just one of a myriad of issues in this building.

Answer: CCTV cameras are not required to be authorised by the Body Corporate unless….

Where CCTV cameras are purchased and installed by an owner, the body corporate will not be entitled to access the footage captured by those cameras unless the owner agrees to share the footage with the body corporate.

In that instance, the CCTV cameras will not be required to be authorised by the Body Corporate unless:

  1. approval is required pursuant to the Scheme’s by-laws; or

  2. the cameras are installed on/attached to common property (i.e. not within the boundaries of the owner’s lot/s), in which case they may require the approval of the body corporate at general meeting (see s.162 of the Accommodation Module and s.164 of the Standard Module).

However we do note that, if a serious incident occurs where access to the footage captured by the CCTV cameras is required, the Queensland Police may be able to require the owner to provide the police with a copy of any relevant footage captured by the cameras.

Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in Strata News #443.

Question: Is it advisable for an owners corporation to have a written policy for CCTV Cameras governing the system parameters, system access controls, and privacy protection?

Answer: If you believe that a policy of this nature should be implemented, then I recommend that you submit a motion (as a lot owner) for inclusion on the next general meeting agenda for owners to consider.

The use and operation of CCTV cameras is already regulated by laws in Queensland (for example, the Queensland Criminal Code).

It is therefore ultimately a matter for the Committee and Body Corporate to determine whether it is appropriate for the Body Corporate to pass a resolution regarding the use and/or operation of the CCTV system. There are a number of factors which will determine the usefulness of a CCTV ‘policy’, such as the size of the Scheme and the location of the CCTV controls.

If you believe that a policy of this nature should be implemented, then I recommend that you submit a motion (as a lot owner) for inclusion on the next general meeting agenda for owners to consider.

Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in Strata News #433.

Question: Members of the Committee have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown the footage. E.G. pool areas etc.

Answer: The body corporate legislation does not address this issue specifically.

The body corporate legislation does not address this issue specifically. However, if you object to Committee members having access to the CCTV of common property on their phones, I recommend that you submit a motion (as a lot owner) for inclusion on the next general meeting agenda for owners to consider restricting access to the CCTV footage. Please note that this resolution cannot prevent the rights that an interested person has to obtain CCTV as an ‘interested person’ pursuant to s.205 of the Act.

Hayley Gath
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in Strata News #428.

Question: Is the body corporate obliged to allow the lot owner to view CCTV footage and, if yes, should a member of the body corporate committee supervise the viewing?

There was a recent incident in the underground car park of our unit development involving tampering with an owner`s vehicle. There is a CCTV camera which covers the area where the vehicle is parked and the owner has sought permission to view the footage in the time frame when the incident occurred.

Is the body corporate obliged to allow the lot owner to view the relevant CCTV footage and, if yes, should a member of the body corporate committee supervise the viewing?

Answer: An owner can access body corporate CCTV footage within seven days of making a written request and payment of the prescribed fee.

An owner can access body corporate CCTV footage within seven days of making a written request and payment of the prescribed fee. Often the request to see CCTV footage is made following an accident or a confrontation, but no reason needs to be given with the request.

Adjudicators have held that the body corporate’s records include information stored or recorded on a computer such as CCTV footage.

There is no need for a committee member to supervise the viewing. However, the committee should make sure the CCTV footage cannot be deleted by the viewer and should permanently retain a copy of the relevant CCTV footage so that there is no later argument about what was seen.

If there is a genuine concern about the request for the viewing, then legal advice should be sought.

Some bodies corporate are having difficulty accessing the CCTV footage where it is kept in the caretaker’s office. As a result, those bodies corporate are upgrading their CCTV systems so that access is also available at a second location, so as to reduce conflicts with their caretakers and better protect the body corporate’s records.

Peter Hunt
Mathews Hunt Legal
E: [email protected]
P: 07 5555 8000

This post appears in Strata News #274.

If you have a question about accessing body corporate CCTV footage or something to add to the article, please leave a comment below.

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Comments

  1. Stanfen says

    As an owner of a SFP townhouse in the complex, I have installed a security camera in my backyard, strictly within my property boundary, primarily for security and safety monitoring purposes.

    The camera is positioned to face the fence door of the backyard and, incidentally, it also captures footage of the swimming pool area, which is part of the body corporate’s common property air space. My concern centers around whether the body corporate common property swimming pool is considered a private or a public space, and if there are any legal implications with the camera recording this area.

    The installation of the camera was partly in response to incidents where rocks were thrown at my wall from the pool area. Capturing these acts on camera is crucial for addressing such issues.

    I am seeking clarity on whether installing a security camera within the boundary of my property, yet with a view that extends into the common property area, specifically the swimming pool, raises any legal or privacy concerns. We currently have no by-laws that govern the use of cameras or impose restrictions on them. Since the camera is within my boundary, I assumed there was no need to seek approval from the body corporate.

    However, the body corporate committee has expressed concerns about the camera, suggesting it might invade privacy or create a nuisance for other residents using the pool and requires it be taken down.

    I am keen to understand the legalities and any potential issues related to my use of the security camera in this manner.

    Thanks.

    Reply

  2. John says

    I think it would be a bad idea to allow any resident or tenant in apartment block to have access to any cctv without security guard, caretaker or building manager present! You may see things that are not your business and can use it against the resident! Here is just a harmless incident. I was doing relieving building manager work in apartment building that the chairman was a retired QC, we had a resident spill some milk in the lift and didn’t clean it up, after going through cctv and seeing who it was. I called the chairman to not only tell him who it was but show him cctv footage and he refused to look at it for privacy reasons and asked me to talk to the person privately and should they deny it was them to tell them we have cctv footage and on request only show them a still photo or just the recorded footage with them only and not 1 second before or after. He explained “We Have a STRICT privacy policy” and this was about 17 years ago.
    Another building did not even want anyone to see any footage so they cannot see the building cctv blind spots or which cameras are dummy cctv.
    About paying fee’s! It all depends on the building staff time budget! if the building only has cleaner who comes in for few hours a day or is not qualified to operate cctv and you need to call out your cctv installer or if you have security company to come out on request to unload footage. If your caretaker/building manager was called out after hours to do cctv or other work on request from police or OC then a call out fee should apply. These are just some rules or cctv etiquette in the buildings that myself and colleagues in Melbourne have worked in.
    The OC committee from these buildings in Melbourne has passed a motion to have these rules. Hope this helps.

    Reply

  3. Carter says

    On the subject of CCTV surveillance in a body corporate, see the very helpful fact sheet published by the BCCM Commissioner’s office.

    Reply

  4. Trish says

    Our Strata Committee have purchased a number of CCTV cameras for the entrance to our complex and and for the basement car park. These cameras do not cover every area of the complex. If an assault/damage to cars etc happens in an out of camera area can the committee be held accountable?

    Reply

    • Liza Admin says

      The following response has been provided by Alanna Hill, Mathews Hunt Legal:

      Hi Trish,

      While a decision has been made to purchase and install CCTV cameras on common property, there is no legislative obligation to ensure all areas of the Scheme are monitored by these cameras.

      Additionally, individual Committee members are protected from civil liability while they are acting in good faith and without negligence.

      Reply

  6. Dorothy Brett says

    The CCTV cameras in my block of twelve apartments and two shops are owned an operated by the owner of the shops and one apartment..

    There was no approval of authority given to install theses cameras, and they have never been used for any useful purpose .

    The owner says that viewing is on a “need to know basis” in other words nobody else can view this footage.

    Our Strata manager for some reason is unable to have this matter rectified, the owner is the self appointed secretary, and because of being given three company nominee votes has the majority of voting rights.

    So even if put on the agenda fir a Committee meeting and is voted against, he calls an EGM where his majority of votes win. This is just one of a myriad of issues in this building.

    Reply

  7. Seb says

    on the wider issue of CCTV systems, is it advisable for an owners corporation to have a written policy governing the system parameters, system access controls, and privacy protection.

    Reply

  8. John says

    Two volunteers on our body corporate committee have unknown to residents been granted login access to the security cameras in our building by our security provider. They do not need to request access, there is also evidence they may be accessing footage live on their phones for at will.
    What can be done about this ? We discovered this by chance.

    Reply

  9. Allan McKay says

    Members of the Committe have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.

    Reply

      • Paula says

        Members of the Committe have access to the CCTV on their phones. Is this legal? There is no control of what other parties may be shown footage. E.G. pool areas etc.

        Reply

  10. Henry says

    “payment of the prescribed fee” to access CCTV footage!!!

    What’s the reason for prescribed fee? The owners paid for the CCTV, they own it ,not the Strata Manager. The owners pay an Administrative levy, so there should not be a fee. Sounds like another rip-off!!!

    Reply

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