When does protection trump privacy in condo communities?

I remember the very first time I walked up to a home with a video doorbell camera a couple of years ago. While intercoms of some sort go way back in time, it was a rather strange feeling talking to someone I knew could see me, but I couldn’t see them.

Welcome to 2020! I am sure I don’t need to tell you there has been an explosion in the do-it-yourself home security/camera systems over the last couple of years. What used to be one small aisle of a electronics and technology big-box store is now a quarter of the store dedicated to companies like Ring, Arlo, Google, Blink and more.

Security companies include the doorbell cameras as a part of their security packages. You’ll often see a news piece where video footage is shared of a porch pirate stealing a package. There’s no doubt these devices are here to stay, and there are many pros to owning one. They include:

The ability to screen visitors. You can answer the door remotely using two-way audio, so your visitor does not know if you are home or not.

A video doorbell may deter a thief as they know they are being recorded.

You can monitor traffic — the housekeeper coming and going, kids arriving home from school.

You know when a package has been delivered.

While these popular video doorbells and other security cameras have become the new norm for many homeowners, condominium associations and association attorneys are struggling to put together policies regarding the installation of the popular devices in common interest communities.

There is a range of concerns, including the issue of installation on common elements, the potential liability on the association for being brought in for disputes between neighbors for violation of privacy, or for being accused of obstructing an owner’s right to protect their property. Here are some tips for condo owners interested in installing a video doorbell: Consult your governing documents regarding the architectural standards and common element definitions in your community. Most condo association bylaws do not allow anything to be installed on the common elements. Complete and submit an architectural request to your association management for bard approval before purchase, and before going through the trouble of installation. It’s always best in common interest communities to be proactive in making certain your plans are approved first since making changes to your unit without prior approval could subject you to violations and fines. Whether or not your association allows video doorbells, this is a point you should pay close attention to: When you buy doorbell cameras, you’re agreeing to the company’s terms and services, which mainly ask users to follow laws based on where they live. Be aware that Virginia has a wiretapping statute that prohibits a person from capturing simultaneous audio and video recordings of someone without that person’s consent.

In a recent trip to a wellknown electronics and technology big-box store, I asked the associates to point me in the direction of a doorbell camera that does not record audio. I was told there is no such thing available and that I would need to contact a professional security company.

Be considerate of your neighbors’ privacy. In many condominium communities the doors and windows face each other and/or are very close in proximity. If your association does allow you to install a video doorbell, would you be able to look inside your neighbor’s home if a door or the blinds were open? Would you be comfortable if your neighbor were to install the same?

What can a board do to protect the association as well as the homeowners?

Before making any moves, contact your association attorney for advice and assistance with adopting a policy unique to the landscape of your community.

Jeanne S. Lauer, a community association attorney with Inman & Strickler in Virginia Beach, says, “Community associations that decide to have video cameras in the common areas also need to develop protocols for how long recordings are maintained, how the information is stored and destroyed, and how to give notice of video surveillance. Community associations that are tasked with approving the installation of security cameras or doorbells by owners also need to develop uniform standards for installation and should clearly inform all applicants about the potential for criminal liability under Virginia Code 19.2-62 and 18.2-386.1.”

So, the question remains, where do we draw the line between a homeowner’s right to protect their home and a homeowner’s right to privacy? And where does an association’s responsibility fit in the mix?

The condo association board I serve on has gone around and around with this for what seems like years. It’s a tough call for board members when they see both sides of the issue.

There has been little litigation surrounding these matters in common interest communities, but I suspect we’ll hear a lot more about it in years to come.

Julie Ulrich, with Berkshire Hathaway HomeServices Towne Realty, is vice-chair of the Hampton Roads Realtors Association’s Common Interest Community Forum. Have a question about a condo or common interest community topic? Email rwoodring@hrra.com. For more on HRRA, go to www.hrra.com, or call 757-473-9700. This column is not legal advice nor a legal recommendation.