OK for condo building to have cameras that record audio and video?
I am an owner of a condominium in a multi family building. The board recently put up cameras throughout the common areas of the building. The cameras record video and audio, meaning that they record conversations. No notice of this recording has been posted, but I found out about it from a board member.
Even though the cameras are in hallways, stairwells and the lobby, walls are thin and conversations within apartments can be overheard in the hallways and thus recorded.My state (New York) requires the consent of one party to a conversation for an audio recording to be made.The board has been informed that this is illegal and the board says, “too bad” and disagrees.How would you like this if you lived in the building? Would you do anything about it?
- Dan BLv 710 months ago
File a complaint with the state Attorney General. Federal privacy laws require posted notificaiton in common areas such as you describe. You live in NYT? There's your problem.
- STEPHENLv 710 months ago
Perfectly legal in any and all public areas. Not legal at all in private areas and washrooms.
- SlumlordLv 710 months ago
There is no chance you need consent of one party member to record conversations in public areas (which is what common space essentially is). If that were true then some guy walking through a crowd recording the crowd is violating that law 100 times. I suspect this is perfectly legal and if you don't like it you can move. You can certainly try to change the rule (join the board at the next election if you can get the votes) but this isn't illegal, as you suggest, and probably a very good idea from a safety point of view.
- SlickterpLv 710 months ago
So get on the board and change it.
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- A.J.Lv 710 months ago
The video is legal in public common areas for security reasons. The audio cannot be justified and is illegal. You can speak with neighbors about ousting the board members from their positions, could discuss the matter with a lawyer about suing the board members personally and the association for legal violation and breach of fiduciary duty. Send them a written notorized letter, or get an attorney to write one.
If you need legal help cheap, look for a public legal aid center.
I would start by contacting every condo owner for their opinion on this.
- LILLLv 710 months ago
Video and audio recordings are legal in all public spaces and common areas in New York state.
- JudyLv 710 months ago
- SimplytheFACTSLv 710 months ago
check with state law, but commonly audio recording falls under wire tapping...although there have been exceptions to people recording home video in public places.
there is an episode of Frazier where the old man and the physical therapist are in the elevator and they purposely have bizarre conversations that are over heard....
so that, have bizarre conversations...and see if anyone confronts you about it...make claims if being involved in a big heist or planning to paint your unit neon pink that can be seen through your windows...
an argument for allowing personal video recording with audio is that the person doing the recording is part of the conversation...even if its passive../..that can't be said about security cameras.
- ,Lv 610 months ago
In flats/apartments the freeholder still owns the building and they can do what they want to it, even though you are not renting your flat you only bought a leasehold, a right to live there, the corridors are the freeholder's. Won't you be glad they are there if someone breaks into your flat? The answer is don't have conversations in the corridors which I doubt anyone would bother listening to anyway, they are just for security and perhaps they can also speak through them to intruders which is why they have audio. You can't hear anyone even through a thin wall, I doubt they can hear anything unless you have music playing loud. That's another good thing, you will be able to prove it if there is noise nuisance which people in houses have trouble with because the accused neighbour just denies everything.