Owners in a B.C. strata complex must apply to the council to keep their doorbell cameras, B.C.’s Civil Resolution Tribunal has ruled in a decision citing privacy issues.
Shelley Hudson was a leasehold tenant at the strata. She claimed the strata had violated the Strata Property Act by withholding copies of records and documents about doorbell cameras she requested.
In his Jan. 9 decision, tribunal member J. Garth Cambrey said the strata must provide the documents.
Hudson also said the strata allows owners to install doorbell cameras and other video devices on common property contrary to the strata’s bylaws and the Personal Information Protect Act (PIPA).
Hudson sought the records and an order that doorbell cameras and video camera devices be removed from the strata’s common property.
However, the strata claimed it never received a request for records
“It also says the replacement of original doorbells with doorbell cameras are not alterations because the doorbell cameras simply replace the original doorbells,” Cambrey said.
The strata said its bylaws do not require owners to obtain permission to install doorbell cameras or video cameras.
“I infer the strata asks that Ms. Hudson’s claims be dismissed,” Cambrey said.
But he disagreed with the strata.
He said the strata determined that owners who asked to replace their existing doorbell using “existing fixtures and wiring” did not require the strata’s approval.
“I find the installation of a doorbell camera in the place of doorbell meets the definition of “alter” since a doorbell camera is different from a doorbell because of the camera component,” Cambrey said
“I find the installation of a doorbell camera is an alteration. I reach the same conclusion about a camera that is added to an exterior wall where no camera existed previously,” he said.
Hudson also argued the strata did not have authority under PIPA to allow owners to install cameras for privacy reasons.
However, Cambrey made a number of findings and orders there.
He found strata’s bylaws require written approval for camera installation.
“I order the strata to take steps to have owners who have installed cameras in their strata lot to apply in writing to the strata to keep their cameras,” Cambrey said.
He said the strata has discretion to approve the camera requests provided the camera does not point to common property.
If the owners do not make a written request to retain their installed cameras, or if the strata denies their request, Cambrey said the strata must take steps to have the cameras removed within 60 days of the decision.
In the case of cameras installed on common property, Cambrey ordered the strata to have owners remove them.
“The strata may charge the owners for the cost of the camera removal,” he said.
And, Cambrey said, strata must not approve the installation of cameras in a strata lot that point to common property, or on common property unless and until it complies with the PIPA requirements about collecting personal information through video cameras.
