The Atlanta Journal-Constitution

Video surveillan­ce allowed in condo’s common areas

HOA may not record locker rooms, inside individual units.

- By Gary M. Singer Sun Sentinel (Fort Lauderdale, Fla.) Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise,

Q: My condominiu­m installed electronic locks with fobs on the building doors along with security cameras recording who is coming and going. I don’t like the idea of the board tracking my movements. What are my rights?

A: Your associatio­n is allowed to have video surveillan­ce in areas where you don’t have a reasonable expectatio­n of privacy, such as at the entrances and in the pool area. It may not record private areas, such as locker rooms or the inside of your condo unit. Because you don’t have an expectatio­n of privacy in a common area, the key fobs would be allowed.

The board has a responsibi­lity to maintain the safety and security of your community. While no one enjoys Transporta­tion Safety Administra­tion screenings at the airport, most people accept the privacy intrusion as a necessary part of safe air travel.

When you live in a community associatio­n, you are agreeing to give up certain rights. For example, the board will sometimes be able to enter your unit if necessary for the good of the building. Or your use of the facilities may be documented, and you will have to ask permission before making certain changes to your home. In exchange, you get community pools, tennis courts, exercise rooms and other amenities that most people couldn’t afford themselves.

In deciding where to live, you should consider the trade-offs and choose the type of community that is right for you.

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