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I live in a Condominium which recently installed

Sent to Legal Experts February 24 06:27 PM

I live in a Condominium which recently installed "security cameras" for "security" purposes only. The vote was taken at a homeowners meeting, (and is our opinion was done improperly) and the homeowner affirmed the installation for security at the entrances of our drive, garages and entrance to fenced common area pool and bbq area. Unknowing and without approval or consent from the homeowners, the Association allowed the management company to "manage by remote camera access" and someone, the management company and/or association allowed homeowners internet access to viewing all cameras by logging into an internet site. While this interent site supposely was developed for the owners for informational and communication purposes, many owners were not ever informed that such site exhisted. Thus, full time residence were being videoed without their consent or knowledge. The common areas are owned by the owners in a percentage of ownership. Do i have a right of privacy expectation?

 

Optional Information:
Key West, Florida

Already Tried:
Nothing. Just started researching privacy laws on line

Customer (name blocked for privacy)
Answer
February 24 6:45 PM (17 minutes and 50 seconds later)
         
ACCEPTEDCheck Mark

Dear doglan

You of course have an expectation of privacy - but this does not seem to be the issue to me as much as how much say a HOA has over a person's property. First if the cameras are not pointing into one's home, or into a yard that is protected by a privacy fence and is only hitting areas that are "common" so to speak there would be no privacy invasion. BUT, the HOA really only has control over those common areas and there can be a dispute filed as to whether the HOA can mandate cameras on a home - that is a bit extreme and anything they want to do in that regard needs to be fair and reasonable - for instance, there was a HOA that prohibited any flying of any flag which included the US Flag. This, of course, was overruled by the court system. While a HOA can control the color of a home or the height of a fence mandating cameras be mounted on homes, in my opinion, would catch the eye of the court system

Florida law provides the following and you can read more on these laws HERE in their entireity.

First to address the "improper vote"

2) BOARD MEETINGS.--A meeting of the board of directors of an association occurs whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. Notices of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance of a meeting, except in an emergency. In the alternative, if notice is not posted in a conspicuous place in the community, notice of each board meeting must be mailed or delivered to each member at least 7 days before the meeting, except in an emergency. Notwithstanding this general notice requirement, for communities with more than 100 members, the bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice or provision of a schedule of board meetings. An assessment may not be levied at a board meeting unless the notice of the meeting includes a statement that assessments will be considered and the nature of the assessments. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.

1) QUORUM; AMENDMENTS.--

(a) Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members shall be 30 percent of the total voting interests. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained.

(b) Unless otherwise provided in the governing documents or required by law, and other than those matters set forth in paragraph (c), any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association.

(c) Unless otherwise provided in the governing documents as originally recorded, an amendment may not affect vested rights unless the record owner of the affected parcel and all record owners of liens on the affected parcels join in the execution of the amendment.

(2) ANNUAL MEETING.--The association shall hold a meeting of its members annually for the transaction of any and all proper business at a time, date, and place stated in, or fixed in accordance with, the bylaws. The election of directors, if one is required to be held, must be held at, or in conjunction with, the annual meeting or as provided in the governing documents.

(3) SPECIAL MEETINGS.--Special meetings must be held when called by the board of directors or, unless a different percentage is stated in the governing documents, by at least 10 percent of the total voting interests of the association. Business conducted at a special meeting is limited to the purposes described in the notice of the meeting.

As to resolution

720.311 Dispute resolution.--The Legislature finds that alternative dispute resolution has made progress in reducing court dockets and trials and in offering a more efficient, cost-effective option to litigation. At any time after the filing in a court of competent jurisdiction of a complaint relating to a dispute under ss. 720.301-720.312, the court may order that the parties enter mediation or arbitration procedures.

 

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

 



Edited by Michelle on February 24 2008 at 6:45 PM
Reply
February 24 6:54 PM (9 minutes and 35 seconds later)
         
There is a difference between an HOA and a Condo Association. Would it not be fair to say the Homeowners in this case would have approved "conditional use" and a "specific purpose" at the time of approval? Plus, only a few owners were ever advised of the web site and the live feed. This is our primary home. I am under the impression that Fla. Condo law gives me the right to "right of enjoyment" etc. If I had been advised and had known about this broadcast, my situation I believe would be different. However, since I did not know, and they had the obligation to advise me prior to using the approval for a different purpose than was presented, shouldn't I be able to depend on the right of privacy? The common area is my back yard. No one approved this except with the understanding of security. Thanks.
Answer
February 24 7:13 PM (18 minutes and 32 seconds later)
         
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