Security cameras are increasingly common in homeowners’ associations, from video doorbells installed by individual residents to systems that monitor vehicles entering and leaving a community.
A recent controversy in Brentwood, California, shows how quickly these technologies can raise questions about privacy, authority and oversight.
The Shadow Lakes Homeowners Association installed automated license plate reader (ALPR) cameras from Flock Safety at entrances and exits to the community.
The cameras were placed in the public right-of-way under permits the City of Brentwood later said had been issued under the mistaken belief the installation was part of the police department’s program. The city subsequently moved to revoke the permits and require their removal.
Brentwood is not alone. Communities around the country are also debating the use of automated license plate readers and who should control, access and retain the information they collect.
Not Every HOA Camera Raises the Same Issues
For HOA boards, an important distinction is that not all security cameras are the same.
A homeowner’s video doorbell, an HOA-operated common-area camera, and an automated license plate reader can raise very different legal and practical considerations.
California law specifically regulates ALPR systems and the information they collect.
Operators and end-users are subject to requirements involving data security and publicly available usage and privacy policies, including provisions addressing access, data sharing and retention.
Location also matters. Equipment installed on a homeowner’s property presents different issues from cameras mounted on HOA common areas or placed in a public right-of-way.
Boards should also consider what a camera captures. Recording a common walkway is different from positioning equipment where it may capture areas in which residents have a reasonable expectation of privacy. Audio recording can create additional legal concerns.
Questions HOA Boards Should Ask
Before installing surveillance technology or addressing a homeowner-installed camera, boards should consider:
- Who owns and controls the equipment?
- Where will it be installed?
- What information will it collect?
- Who can access or share that information?
- How long will it be retained?
- Do the governing documents regulate exterior installations?
- Are permits or other approvals required?
These questions are easier to address before a dispute develops.
Guidance from an HOA’s general counsel can also help associations evaluate their authority, governing documents, and appropriate policies. As California HOA boards face an evolving mix of legal, operational and compliance issues, staying informed about new requirements affecting California homeowners’ associations can help them plan ahead and avoid unnecessary problems.
Security technology will continue to evolve, along with resident expectations about privacy and safety.
For guidance on security, privacy and other legal and governance issues affecting community associations, contact Windsor PLC.
Frequently Asked Questions About HOA Security Cameras
Can a California HOA install security cameras in common areas?
Generally, associations may use cameras for legitimate security purposes, but placement, governing documents, and the specific technology involved should be evaluated carefully.
Are license plate readers different from ordinary security cameras?
Yes. California has specific requirements governing ALPR systems and the information they collect, including data-security and privacy-policy obligations.
Can an HOA regulate cameras installed by homeowners?
Yes, in some circumstances. An association’s authority may depend on its governing documents, where the camera is installed, whether common area is involved, and what the camera records.
