Archers the Strata Professionals Partner Grant Mifsud said while CCTV surveillance can be a cost-effective deterrent to criminals, the cameras must be used responsibly and operators need to ensure the privacy of residents and their guests is respected.

“With apartments these days consisting of a diverse range of people living together who may not know each other, and particularly with the increase in families choosing high-rise buildings, the need for effective modern security systems is imperative,” Mr Mifsud said.

“CCTV cameras have proven to be highly successful in discouraging crime in apartment complexes and provide great assistance to police tracking down the perpetrators of any offences committed.

“Common disputes in apartment living such as damage by residents and guests to lifts and car park gates along with claims of personal injury from slips and falls are easily settled, as the CCTV footage can make it simple to confirm the facts.”

Mr Mifsud said if a body corporate sets up CCTV surveillance on common property, it is obliged under body corporate legislation to do so reasonably and in compliance with legislative requirements.

“Security should be the primary purpose when positioning CCTV cameras for surveillance purposes, with the focus on the main common property entrances and exits, or areas which may have been targeted by theft and damage previously such as storage cages and car parks,” he said.

“You also want to maximise the opportunity for the cameras to enable identification of any offenders or vehicle registration and ensure they are positioned out of reach from vandals.”

Mr Mifsud said cameras should not be placed to maximise opportunities to ‘spy on’ residents or their guests but should be positioned for legitimate, reasonable, purposes only.

“If someone is in a private place, or there are people involved in a private act in circumstances where they would reasonably expect privacy, it is actually a criminal offence to film them without their consent,” he said.

Mr Mifsud said bodies corporate should be aware footage obtained through CCTV to be a searchable body corporate record and of the record-keeping requirements under the Act.

“Bodies corporate need to consider how they will manage the footage records if they are considering installation of CCTV in the building to ensure legislative compliance,” he said.

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