May 23, 2024

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Expensive Tony:

In my rental, quite a few indicators state that video surveillance will probably be used to implement bylaws and impose fines. I would love this concern addressed and another points that may come up from utilizing these cameras.

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— JK, Vancouver Island

Expensive JK:

Surveillance could also be performed in a wide range of strategies in a strata neighborhood, similar to video or audio surveillance, key FOBS and entry playing cards that monitor entry and use of widespread property and customary facilities.

The workplace of the Privateness Commissioner of BC units out a number of situations for surveillance that require disclosure of use and administration of surveillance, in addition to the requirement of the consent of every resident or a bylaw that allows using surveillance:

To conduct surveillance a strata company should contemplate every of the next situations:

  • Who is allowed to view the surveillance footage or entry management data and below what circumstances.
  • The placement of video surveillance cameras. They shouldn’t be positioned, internally or externally, to watch areas past the strata company property or seize photos peripherally or straight by the home windows of adjoining strata buildings. Video tools mustn’t monitor areas the place homeowners, tenants, guests, and workers have an inexpensive expectation of privateness similar to change rooms and washrooms.
  • The occasions when the cameras will probably be working.
  • The size of time the video recordings and entry management data will probably be retained.
  • How the video surveillance data and entry management data will probably be securely saved and destroyed.
  • How the strata company will reply to requests below PIPA for entry to the non-public data contained in video surveillance data or entry management data.
  • How homeowners, tenants and guests will probably be given discover that the premises are being monitored by video surveillance; and the way homeowners will probably be given discover that their actions could also be monitored by the important thing fob system.

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Surveillance is just not licensed for the lively monitoring of residents to allow a strata council to impose fines or penalties. Everybody has an inexpensive expectation of privateness when utilizing widespread property, and to not be monitored of their exercise.

Bylaw enforcement is a multi-staged course of within the Strata Property Act the place a strata company receives a grievance, provides discover to the alleged violator of the particulars of the grievance, and that particular person has the correct to reply in writing or demand a listening to of council to dispute the declare.

Cameras will not be rental TV. Would you be snug swimming within the strata pool figuring out somebody was actively watching a video monitor?

Surveillance could also be employed to collect proof to assist bylaw enforcement and to make sure the security of the residents of your constructing. It’s crucial that your bylaws are drafted to adjust to the necessities of the Private Data Safety Act and meet the restrictions of bylaw enforcement of the Strata Property Act.

Tony Gioventu is government director of the Condominium House Homeowners Affiliation. Electronic mail [email protected].