Growing popularity of doorbell cameras raises privacy concerns in condo buildings
Doorbell cameras have grown increasingly popular, judging by the sheer number of videos on social media.
Sales of the devices topped 5 million in 2022, according to Consumer Reports.
They’re relatively inexpensive, easy to install, and let people screen visitors, keep an eye on packages, and check who’s at the door, but installing them in a condo building can raise privacy concerns for your neighbors.
Mark S. Einhorn, a lawyer with Marcus, Errico, Emmer & Brooks, said many unit owners consider their decks, porches, and balconies an extension of their space — and want to install a camera to monitor that space — but that’s likely a violation of the condominium rules.
“Most of our clients are regulating the installation of cameras through architectural integrity provisions,” Einhorn said. “That basically says that owners aren’t supposed to make exterior changes to their yard or their decks or patios, [which are] limited common areas subject to rules adopted by the board.”
And in Massachusetts, with few exceptions, it is illegal to record people’s voices secretly without their consent, Einhorn said, so doorbell cameras should have that function turned off in apartment-style condominium common areas, such as hallways.
“What we’ve been advising boards is, if they grant permission to an owner to install a camera, do it through a license agreement, which has a couple of terms,” he said. “One of them is: It can’t be used for harassment or invasion of privacy. It also says not to record people’s conversations. Now, whether owners abide by that and turn off the audio recording function, who can say?”
With that licensing, he said, if the owner breaks the terms, the board can revoke its permission for the camera.
Attitudes about doorbell cameras are starting to change as they grow in popularity, Einhorn said. People today understand that in addition to doorbell cameras, they are often being recorded in stores and other public places, and they’ve increasingly come to accept it. Courts are starting to recognize that as well, he said.
Still, a doorbell camera in the front door of an apartment-style condominium is often aimed at the entrance to the unit directly across the hall. And those neighbors may feel as if they’re under surveillance.
“A few of my clients have gotten creative and have had their residents mount a camera either on the wall facing back to their own unit or from the ceiling, so it doesn’t look into the other unit,” Einhorn said. “That’s probably the best an association can do if they’re going to allow it.”
Police find footage from doorbell cameras very helpful when it comes to solving crimes, which is in the best interest of all residents, he added.
Christopher R. Lanni owns Secure Residential Services, a Hudson consulting firm whose clients are primarily condominium and homeowner associations. He said the camera issue can vary greatly depending on a building’s design.
“If the camera is in the front door of a town house, just focused on a walkway to your town house only and you’re not really invading other people’s space, the intent is clear,” Lanni said. “That’s to understand what’s happening in front of your space only.”
Lanni said residents often have different ideas about the expectation of privacy in a condominium building.
“Many people have told me the inside of an elevator is a private
space,” he said. “An elevator is a common area, subject to monitoring and surveillance by the association. It’s also an area used to get in and out of the building. It’s an area at high risk for damage from movers, etc. So, yes, we have cameras for those purposes. It’s the same thing with hallways, as long as the cameras aren’t capturing the inside of the units.”
He said many associations are ignoring the issue, but that’s a mistake. He said they should be thoughtful, practical, and proactive about crafting rules and enforcement regulating the use of private security cameras, especially as more people install them.
“If you’re going to let a person set up a camera in Massachusetts, the board should ensure it’s not actually capturing audio,” he said. “But the person could just turn the recording function back on again after you’ve checked it, right?”
Associations should reserve the right to check and recheck, he said. “It’s crucial to have a very clear process.”
Lanni said it’s perfectly natural for people to want to know what’s going on outside their front door. Associations can’t reasonably expect to stop them, he said, so they should try to regulate their use to promote safety and protect privacy.
“Think about the scenario where a resident says they want to add security to their own unit because they don’t feel safe there, and the association says no,” he said. “Then that person has a problem. Maybe there’s a break-in or some other kind of an issue. How do you explain that?”