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Posted 27 February 2025
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The cameras could play an important role in day-to-day monitoring of the compliance of by-laws. The recording footage can be used as evidence to proof a breach of the by-law.
Particularly, for parking, issues often arise as to lot owners do not park their cars in the designated spots, or they wrongfully occupy the visitors parking spaces.
For short-term letting, please refer to https://www.bannermans.com.au/library/short-term-letting-by-law- how-far-can-it-go/. The recording footage can also serve as evidence on whether the lot owner has breached the conditions in by-laws for short-term letting.
However, it is not enough that the footage captures that the car is not parked in the designated space or the lot is being used for short-term letting in the way that it breaches by-laws, the owners corporation will also need to capture face images to substantiate their claim of the breach. Because the penalty application is like a criminal case, the owners corporation will need to prove to the standard beyond reasonable doubt.
In any of the above situations, it is equally important to ensure that the record footage is on the full length of the alleged breach, particularly for short-term letting, the owners corporation will need to have a consecutive footage from the cameras for the duration of the stay that a breach indeed over the whole period.
This is an extract from our CCTV in Strata eBook.
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