Full question:
I live in a small condominium development that features an outdoor, common area walkway leading to the entrance gate, along the side of the building. Jutting out into the common area are three exclusive-use common areas (balconies) that run parallel to the common area walkway. Any activity on these balconies is visible and audible from the adjacent street, from the common area walkaway, as well as from within the condo units. Recently my household has been experiencing harassing behavior, primarily from one of our neighbors. This has included verbal harassment, stalking behavior, and damage to property. My intent is to place a video camera that records video and audio on my balcony in order to capture and perhaps deter future incidents. I already have permission to install a camera and permission to post necessary signs.My Question: Is it legal for me to do install a security camera that records video and audio of any activity that is visible from the common area (including my neighbor's balcony) if: 1) I can already see and hear anything that goes on in my neighbor's balcony, from both outside and inside my unit, without the aid of any amplifying device 2) I post a sign by the camera that indicates the area is under audio and video surveillance? If you cannot answer this question, can you direct me to resources that will?
- Category: Privacy
- Date:
- State: California
Answer:
In most cases, it is legal to set up a video camera unless it violates someone's privacy or is used for commercial purposes without consent. You have the right to monitor your property, provided you do not infringe on your neighbor's privacy. Cameras that capture views of the outside of your home, including balconies, typically do not invade privacy. However, surveilling the inside of a home would violate privacy rights.
Check your condominium's Covenants, Conditions, and Restrictions (CCRs) as they may regulate the installation of visible devices like cameras. Some CCRs require homeowners to obtain permission from the homeowners' association (HOA) for security camera installation, unless the cameras are unobtrusive.
A tenant has a right to peaceful enjoyment of their premises. If your neighbor's behavior is disturbing, this may impact your right to enjoy your home. Courts may consider factors such as police reports of harassment or crime, whether the disturbances occur in common areas, and if they affect your use of your property.
A nuisance is defined as substantial interference with the use and enjoyment of land and can be intentional or negligent. If your neighbor's actions significantly disturb your peace, you may have grounds for a lawsuit for damages or an injunction to stop the behavior.
Consider various approaches to address the issue, such as:
- Discussing the problem directly with the neighbor or writing a letter
- Contacting law enforcement to file a complaint
- Requesting intervention from your landlord or neighborhood association
- Filing a lawsuit for breach of quiet enjoyment, emotional distress, or harassment
- Speaking with a local councilperson about potential ordinances
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.