Live in a home governed by a condominium, co-op or homeowner’s association? Have questions about what they can and cannot do? Ryan Poliakoff, an attorney and author based in Boca Raton, has answers.
Q: I read with interest your answer to a question regarding security cameras pointed at a pool. While I do agree on the basic premise of public spaces and expectation of privacy, what if we assume that the condo pool is a public place as well as a private place?
Since only other condo members can access the pool, wouldn’t that make it in essence a members-only private area? That could mean those members do expect some form of privacy. Perhaps not total privacy but certainly not full public “disclosure.” As such, the video recording may be illegal. That would be particularly true if the man is sharing them outside of the group. Signed, Z.H.
Dear Z.H.,
First, remember that we are not talking about violating criminal law here, but certainly you make a legitimate argument, and I’m sure this is exactly what the association would argue if it wanted to sue him to remove the cameras.