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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102144
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can board members view security tapes to monitor what unit

Customer Question

can board members view security tapes to monitor what unit owner speaks to another?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

1) What state is this in?
2) Who owns the cameras - the HOA or private individuals?
3) Are the cameras pointing at common property such as a driveway cared for by the HOA? Or where, exactly?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
1 florida
2 hov
3 cameras pointed in mail room
president views tapes to see who speaks to her opposition and calls other board members to review
Expert:  Ely replied 1 year ago.

Thank you.

So the cameras - owed by the HOA - points to a common area mail room. Correct?

Does it record both video and audio?

Customer: replied 1 year ago.
only video . president wat hes to see what board member speaks to opposition
Expert:  Ely replied 1 year ago.

Thank you.

The cameras belong to the HOA and the common area is not a private area. In Florida, it is prohibited to "to secretly view, broadcast, or record a person, without that person’s knowledge and consent" in circumstances where the person is privately exposing the body in an area where there is a reasonable expectation of privacy. Fla. Stat. § 810.145.

However, the cameras are not hidden and the mail room arguably does not have an expectation of privacy. Ergo, the Court is likely to rule that the HOA's officer/director can view the tapes.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!