Can you record anywhere on the common property?
Posted 27 February 2025
Category:
The recording cannot interfere with other lot owners’ use of or enjoyment of the common property.
Section 153 of the SSMA provides:
“153 Owner, occupiers and other person not to create nuisance
(1) An owner, mortgagee or covenant charge in possession, tenant or occupier of a lot in strata
scheme must not:
(a)……
(b)use or enjoy the common property in a manner or for a purpose that interferes unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property……”
If the camera is installed by a lot owner, then with the consent of the owners corporation, the camera should be installed in the way that it only records the area covering the lot owner’s property. In addition, the location should be carefully selected so that it will not record other lot owners’ daily movements as it may be treated as unreasonably interfere with other lot owners’ use and enjoyment of the common property.
If the camera is installed by the owners corporation, the Tribunal seems to suggest that it might be possible if the owners corporation resolves to install the camera and every member of the owners corporation can have access to the data (Stojiljkovic v Whittle [2021] NSWCATCD 97).
This is an extract from our CCTV in Strata eBook.
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