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, setting up a video monitor is legal unless the cameras represent an unreasonable violation of privacy or the images are being used for commercial purposes without a person's consent. A neighbor has a right to survey his property as long as he does not violate your rights to privacy. If the camera views the outside of your home and garden, it is generally not an invasion of privacy, but if the camera is surveilling the inside of the home, rights to privacy are violated.
The CCRs may regulate the installation of devices that are visible from the street or from a neighbor's property. The CCRs often regulate the installation of satellite dishes and HAM radio antennas, for example. The same CCRs may require a homeowner to obtain HOA permission to install security cameras unless the cameras are unobtrusive. Any applicable CCRs should be carefully analyzed to determine if you complied with CCRs and architectural guidelines before installing the security cameras.
A tenant has an implied right to the peaceful and quiet enjoyment of the premises. It would be a matter of subjective determination for the court to determine whether the congregating persons are disturbing enough to be considered to be depriving the tenant of the intended use of the premises. Some of the factors, among others, that the court may consider include whether there have been police reports of crimes involving the congregating individuals and break-ins in the area, whether they are congregating on the patio or a public area, and whether the patio is part of the leased property, and whether you are deprived of the use of the patio.
A tenant's right to quiet enjoyment is impaired when the landlord blocks the tenant's access to the premises or changes some essential aspect of the premises so substantially as to render the property unsuitable for the purposes for which it is leased. It may be possible to claim a material breach of the lease by the landlord if you have provided written notice of the condition and there has been a failure to take action to remedy the situation in a reasonable time, resulting in inability to use the patio or a threat of danger due to criminal activity.
In legal terminology, a nuisance is a substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity. Nuisances can include noxious smells, noise, burning, misdirection of water onto other property, illegal gambling, unauthorized collections of rusting autos, indecent signs and pictures on businesses and many other activities.
If a nuisance interferes with another person's quiet or peaceful or pleasant use of his/her property, it may be the basis for a lawsuit for damages and/or an injunction ordering the person or entity causing the nuisance to stop or limit the activity (such as closing down an activity in the evening).
There are various strategies for dealing with offending neighbors. Some of these include:
-Discussing the problem with or writing a letter to the offending neighbor
-Calling the police/sheriff's office to file a complaint
-Asking the landlord or neighborhood body to remedy the situation
-Filing a lawsuit for breach of peaceful enjoyment, infliction of emotional distress, nuisance, harassment, etc.
-Talk to a councilperson about passing a local ordinance
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.
