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Hi again,
Is it legal to take photos of someone – NOT CHILDREN – as evidence that the person is damaging common property?
We have a problem with an owner feeding birds and would not stop as well as denying that he feed the birds so we start taking photos of him feeding birds on balcony.
Our managing agent send him the final warning to stop. He denied the accusation and have ask for evidence and we did show him the photos.
Now our managing agent send us a letter saying.
It has been bought to our attention that a members of the executive committee have been taking surveillance photographs of the another occupier
at the building.
This is illegal, an invasion of privacy and is to cease immediately.
Every time we have a problem in this building people always say where is your evidence? notes is not enough for them as they always said we need visual not note. So where do we stand in this as owners protecting their property?
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No it isn’t illegal. Next time someone says that, ask them to tell you the specific law you are breaking.
there was a detailed discussion on this a while ago, Whale where are you, I know you can find it!
Ridiculous!
That would make all OC CCTVs on common property illegal!
In Australia, generally, you can take photos of anyone or anything from public property areas (even if those people/things are on private property). This is how a lot of the media get “private” photos today. It’s only when you are on private property that taking photos restrictions can apply.
And for OCs it’s similar – so unless the OC passed a specific rule to prohibit it on common property, it’s fine.
Just to add that the various Surveillance Devices Acts in the states can prohibit observation of “private activity” without the observed party’s consent.
But “private activity” is not:
- an activity carried on “outside a building”; or
- an activity carried on in any circumstances in which the parties to it “ought reasonably to expect” that it may be observed by someone else.
So activity on a balcony or on common property areas that can be easily observed by others, is not “private activity”.
You CAN take photos to use as evidence, I have tested this in the local courts, successfully. I took photos and frecorded footage from video surveillance cameras (as was suggested by both the Chamber Magistratate and my Lawyer) of the following: all the letterboxes; the common lawn area outside the front of my unit; the driveway; the car park; the balcony of another unit where the resident was on the balcony at the time. I also took audio recordings which the Magistrate was more than willing to listen to thus, proving the Police wrong whom advised me that the person I was recording had to provide me with permission to record them although, it might depend on the particular Magistrate whom is hearing the case (should it get that far). I did initially put up signs in my windows that recording devices were being used but the Police told me this was not necessary to use my video surveillanc cameras so I took them down. Often the actual gathering of the evidence is not illegal, it is the ability to use them as evidence that is debatable. Call the Police if you are unsure, they will clarify or go to a free legal advice appointment in your local community to ask specific questions.
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