Can an owner rely on Model by-law 5 to install a camera on common property?
Posted 27 February 2025
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Prior to 30 November 2016, a lot owner may rely on Clause 5 of Schedule 2 Model by-laws for residential strata schemes of Strata Schemes Management Regulation 2010 to install a camera on common property. By-law 5 provides that:
“5 Damage to common property
(1) An owner or occupier of a lot must not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property except with the prior written approval of the owners corporation.
.……
(3) This by-law does not prevent an owner or person authorised by an owner from installing:
(a) any locking or other safety device for protection of the owner’s lot against intruders or to improve safety within the owner’s lot, ……”
After 30 November 2016, with the introduction of the new strata laws, particularly, Strata Scheme Management Act 2015 (SSMA), those works are captured by cosmetic works and minor renovation works under Section 109and Section 110 of the SSMA. A lot owner can no longer rely on the previous by-law 5.
This is an extract from our CCTV in Strata eBook.
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