The decision to install HOA security cameras in common areas often stems from a desire to promote safety or encourage rule compliance. Still, board members can’t just put these cameras up wherever they want. There are rules to follow and privacy laws to consider.
Can the Board Install HOA Security Cameras?
In general, HOAs and condo associations can install security cameras on association-owned property. Still, board members should refer to their governing documents for guidance, requirements, and procedures.
Additionally, associations must take privacy laws into account. These cameras must never be installed or pointed at areas where people have a reasonable expectation of privacy. Examples include windows and doors into private homes, bathrooms, and changing rooms.
Can the HOA Install CCTV in Texas?
Yes, an HOA or condo association can generally install CCTVs in Texas, provided they don’t conflict with privacy laws. Associations also can’t install these cameras in private spaces, such as individual units or homes, bathrooms, and other areas where people reasonably expect privacy.
That said, there is a liability issue when an HOA refers to these cameras as “security cameras.” The term implies that the association is responsible for neighborhood security and resident safety. When a crime occurs, and the camera isn’t able to prevent it, the HOA may find itself on the receiving end of a lawsuit.
To counteract this, boards would be better off referring to them as HOA surveillance cameras. The intended purpose is simply to monitor the community, rather than to deter crime or keep residents safe.
Where Can HOA Install CCTVs?
An HOA or condo association can install cameras in common areas or on properties it owns. These include facilities, sidewalks, and roads.
That said, if the road does not belong to the HOA, then it may not have jurisdiction over it. Private streets are typically under the association’s control and ownership, so it’s generally okay to install HOA cameras in these areas.
On the other hand, public streets are under the control of the city or county. Installing a camera in these spaces may require permission first.
Key Considerations for HOA Security Cameras
Before an association installs security cameras, boards must first weigh the factors below.
Cost
Surveillance systems are a huge investment, especially for large communities. The cameras themselves are priced per unit, and that doesn’t even include the software used to run everything. Many companies offer packages, but even those can be pretty pricey.
Board members must allocate a portion of the budget for the project. This means explaining to homeowners why they may see an increase in their regular dues. Of course, if cost is an issue, the HOA can always install cameras in stages, focusing on high-traffic areas first.
Notice
Associations must place proper signs that warn people about nearby cameras. This helps set expectations and promotes transparency within the community. It also deters unwanted actions or behavior, such as crime or rule violations.
Footage Management
Board members must establish a policy for managing footage. Important questions to ask include:
- Will the videos be recorded and stored?
- How will the association store footage?
- What is the policy for sharing recorded footage?
- Who may have access to footage?
- When should footage be deleted?
In general, only authorized personnel should have access to video surveillance. Board members, managers, and law enforcement are examples. If an owner wishes to view or obtain a copy of the footage, they must go through the proper legal channels.
Can an HOA Deny Security Cameras?
In Texas, Section 202.023 of the Property Code protects homeowners’ right to install security cameras on their private lots. According to this law, associations can’t outright prohibit owners from installing security measures, which include cameras, motion detectors, and perimeter fences.
That said, this right is not without its limits. Texas law allows associations to place reasonable rules concerning the appearance and placement of these cameras. The objective is to maintain the community’s aesthetic appeal and character.
Common HOA Security Camera Rules
If an association wishes to regulate the installation of security cameras, it must establish a standard policy. This policy must be in writing and included in the governing documents. Moreover, boards should educate owners on this policy and clearly communicate it to all residents.
Here are the typical provisions in an HOA security camera policy.
Design Standards
Most associations prioritize the appearance of the security cameras. Aesthetics have a profound impact on property values, so it makes sense for boards to want to maintain a certain standard.
Associations usually require owners to use designs or styles that are in harmony with the community’s appearance. For example, an HOA with a minimalistic style may not want bulky cameras. They have to blend in with the character of the neighborhood.
Placement Restrictions
Another common regulation concerns placement. Associations tend to set rules that protect the privacy of their residents. Homeowners can’t install their cameras in a way that intrudes on a neighbor’s privacy, such as by pointing them at a neighbor’s doors or windows.
Do You Need HOA Approval for Security Cameras?
Since a homeowners association security camera is often considered a modification or upgrade, many boards require approval prior to installation. This ensures that the cameras comply with the community’s design standards. It also helps the association keep track of installations.
Associations typically require owners to complete and submit a formal architectural request. From there, the board or architectural committee will review the request and confirm if it complies with the association’s rules. Many HOAs also require owners to hire licensed and insured contractors for the installation.
Failure to adhere to the association’s guidelines can result in penalties. Homeowners may also be forced to take down the cameras, file a request, and reinstall them after approval (all at their own expense).
In the End
HOA security cameras play an essential role in promoting safety and encouraging rule compliance. That said, installations must always align with privacy laws and the association’s governing documents. As for resident-owned cameras, while the HOA can’t legally prohibit them, it can place reasonable restrictions designed to protect community standards.
PAMco offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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