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In a building with strata title ownership, the owners corporation bears the responsibility of ensuring the safety and security of the residents. To ensure security, a range of measures can be implemented, including the installation of CCTV cameras, access control systems, and enhanced lighting in common areas. However, it is crucial to address concerns regarding privacy and the ethical use of surveillance technology. In this article, we will delve into the legal obligations of owners corporation in NSW when it comes to security and surveillance measures.

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The Role of Owners Corporation in Ensuring Security

The main role of an owners corporation is to maintain and manage common property within a strata scheme. This includes ensuring the safety and security of residents living on the property. As stated in the Strata Schemes Management Act 2015, it is the responsibility of owners corporation to "ensure that common property is effectively and properly maintained" (Section 106). This means that owners corporation must take necessary measures to prevent illegal activities or incidents that may cause harm to residents.

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Implementing Security Measures: CCTV Cameras

One of the most common security measures adopted by owners corporation is installing CCTV cameras in common areas such as hallways, parking lots, and entrances. These cameras act as a deterrent to potential criminals and also help in identifying individuals involved in illegal activities. However, it is important to note that the installation of CCTV cameras must adhere to privacy laws.

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Under the Privacy and Personal Information Protection Act 1998, owners corporation must inform residents about the presence of CCTV cameras and their purpose. Signs must also be placed in visible areas to notify individuals of the surveillance. Furthermore, CCTV footage should only be used for security purposes and not for any other purposes such as monitoring personal activities.

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Access Control Systems

Another common security measure implemented by owners corporation is the access control systems. These systems include key card access, intercoms, and electronic gates. By restricting access to common areas, owners corporation can prevent unauthorised individuals from entering the property.

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When implementing access control systems, it is crucial for owners corporations to provide equal access to common areas for all residents. This entails offering appropriate accommodations for individuals with disabilities or special needs, ensuring their requirements are met in a considerate and inclusive manner. Failure to do so may result in legal action under the Disability Discrimination Act 1992.

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Lighting in Common Areas

Proper lighting is essential for maintaining a safe living environment. Owners corporation are responsible for ensuring that common areas such as hallways, stairwells, and parking lots are adequately lit. This includes replacing burnt out bulbs and regularly inspecting the lighting systems.

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In NSW, strata schemes are governed by the Strata Schemes Management Act 2015 and the Strata Schemes Management Regulation 2016. These laws outline the duties and responsibilities of owners corporations in regards to security measures. Failure to comply with these regulations may result in legal consequences for the owners corporation.

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Balancing Security and Privacy Concerns

While it is the responsibility of owners corporation to ensure the safety and security of residents, it is also important to balance these measures with individual privacy rights. When implementing surveillance technology such as CCTV cameras, owners corporation must adhere to privacy laws and regulations.

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In NSW, the Surveillance Devices Act 2007 regulates the use of surveillance equipment, including CCTV cameras. Owners corporations must comply with this Act and obtain necessary approvals before installing any surveillance equipment. Failure to do so may result in legal action from residents who feel their privacy rights have been violated.

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Access Control Systems

In addition to CCTV cameras and lighting, access control systems are another security measure that owners corporation can implement. These systems allow for restricted entry into common areas, providing an added layer of security for residents. However, it is important for owners corporation to ensure that these systems are properly maintained and regularly inspected to prevent any malfunctions or breaches.

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Regular Maintenance and Inspections

Just like with lighting systems, regular maintenance and inspections of security measures are crucial. This includes checking the functionality of CCTV cameras, access control systems, and lighting in common areas. Any issues should be promptly addressed to ensure the safety and security of residents.

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Appropriate Use of Surveillance Technology

It is important for owners corporation to establish clear policies regarding the appropriate use of surveillance technology. This includes guidelines for reviewing footage, storing data, and ensuring that only authorized individuals have access to this information. By setting these guidelines, owners corporation can protect the privacy rights of residents while still maintaining a safe and secure environment.

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Strata Laws in NSW

The strata laws in New South Wales (NSW) require owners corporations to abide by certain regulations when it comes to security and surveillance measures. These laws aim to balance the rights of residents to privacy and the responsibility of owners corporation to ensure their safety. By following these laws, owners corporation can avoid legal consequences and ensure the well-being of their residents.

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Understanding and navigating through strata laws in NSW can be complex and overwhelming for both residents and owners corporations. Should you need specialized advice on security and surveillance measures, privacy concerns, or any other strata law-related matters, don't hesitate to reach out to us. Our team of experienced legal professionals is dedicated to providing strategic guidance and practical solutions tailored to your specific situation. We are committed to protecting your rights and ensuring your safety within the strata community. Get in touch with us today and let us guide you through the legal landscape of strata law in NSW.