Can an HOA install security cameras? This is a common question that homeowners and board members ask. Security cameras help promote safety within a neighborhood, but they can also be a source of contention among residents. It is important to understand the ins and outs of security cameras in an HOA.
Can the HOA Install Security Cameras?
Security is a top priority for many homeowners associations, particularly gated neighborhoods. Many residents also consider security a perk of living in an HOA community. Apart from security guards and other personnel patrolling the area, security cameras are a great way to deter crime and monitor illegal activities.
The question is, can an HOA install security cameras in the first place? The answer is not so straightforward. It ultimately depends on the placement. Residents are entitled to privacy, especially in their own homes, so HOA boards should walk this path carefully.
Common Areas
Homeowners associations can generally install security cameras in common areas. These include shared facilities, hallways, elevators, walkways, and entrances.
That said, HOA security cameras should never be placed in or pointed at spaces where residents have a reasonable expectation of privacy. Examples include windows into private homes, bathrooms, and changing areas.
It is also essential to come up with a security camera policy. This policy should include key information such as:
- How long will the recorded footage be stored before deletion
- Who can access or view recordings
- Where cameras can be installed
Individual Properties
Homeowners associations do not have the authority to install security cameras in individual homes or units. They also don’t have the power to install such cameras in resident-owned yards or garages.
Associations don’t have jurisdiction over private properties. Only homeowners can install security cameras in or on their own properties.
Do HOAs Need Homeowner Approval to Install Security Cameras?
Given that HOAs serve the homeowners, many wonder if homeowner approval is necessary before the association can put up CCTVs. Can an HOA install security cameras without a membership vote?
In general, the answer is yes. State laws and governing documents permitting, an HOA can install security cameras in common areas without approval or a vote from homeowners. Again, this applies to common or shared areas, not individual homes or units.
If an HOA does install security cameras in common areas, it is must to notify homeowners. The HOA board should distribute its CCTV policy and inform homeowners about the location of these cameras. This way, homeowners are aware of the security measures in place.
Can HOAs Record With CCTV Cameras?
Security cameras capture video and store it for a set period. In some cases, the HOA assigns someone to monitor the live feed, but this comes with added costs for the association. If continuous monitoring is not provided, the HOA should post a sign near the cameras to make that clear. This helps protect the association from potential liability.
The association’s security camera policy must also define access rules. Recorded footage should not be open to everyone. Only authorized individuals, such as board members and the HOA manager, should have permission to review it.
Homeowners may request a copy of video recordings, but they must first obtain a subpoena. The association should communicate this part of the policy clearly to all members.
The policy should also specify how long the association will store the recorded footage. Since storage is usually limited, the board must eventually delete old videos to make space for new recordings.
Budgetary Considerations for HOA CCTVs
Security cameras can improve safety in a neighborhood, but they come with costs. The price can vary depending on the type and features. Before installing cameras in an HOA, the board must confirm that it has available funds in the budget.
The expense does not end with installation either. Cameras also require ongoing maintenance. If the association can’t afford multiple cameras at once, it is practical to start with one or two. Later on, the board can expand gradually and add more.
Some communities consider dummy cameras, too. These can deter crime, but they do not record footage, which can create potential liabilities for the HOA. Residents may assume the cameras are real and rely on them after an incident.
To avoid this problem, the HOA should clearly inform members if cameras are only for show. Even dummy cameras must still comply with privacy laws.
In the end, real cameras are more effective than fake ones. The key is adopting a clear surveillance policy and ensuring the budget covers the costs.
Can an Owner in a Homeowners Association Install Security Cameras?
In Texas, Section 202.023 states that HOAs can’t outright prohibit homeowners from installing security cameras. That said, associations can still regulate them, provided the governing documents reflect these regulations.
Of course, homeowners’ ability to install security cameras is limited to their own properties. This ability does not extend to common areas or other shared spaces.
In terms of regulations, there are two things that HOAs typically address: appearance and placement. These regulations help maintain consistency in the neighborhood’s appearance and character. Additionally, they also protect the privacy of others.
Appearance
Most associations have architectural guidelines that preserve the aesthetics of the community. These guidelines also typically apply to security cameras. In general, cameras should be consistent with the appearance of the community.
Homeowners who wish to install a security camera on their property should go through the proper procedures and submit the necessary requirements. This includes completing an application and providing sample photos of the camera they wish to install.
Placement
Privacy is paramount when it comes to security cameras. Homeowners must not breach other people’s reasonable expectations of privacy. The HOA’s policy should prohibit owners from pointing cameras directly inside neighbors’ homes, bathrooms, and other private spaces.
Can an HOA Install Security Cameras? Answered!
An HOA can certainly install security cameras in common areas without a membership vote, provided the governing documents permit it. Board members should carefully weigh their options and consider the budget while informing homeowners of the security cameras in place. When in doubt, it is best to consult a professional.
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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