A strata committee cannot unilaterally install CCTV on common property
A question recently published on Lookup Strata has put a sharp spotlight on a compliance issue that surfaces regularly in NSW strata schemes: a strata committee arranging the installation of CCTV cameras across common property — without a general meeting motion, without a registered by-law, and without any apparent transparency to lot owners. The legal analysis provided by Special Counsel Matthew Lo of Kerin Benson Lawyers clarifies exactly what the Strata Schemes Management Act 2015 (NSW) (SSMA) requires, and the answer is unambiguous.
What the SSMA requires: special resolution and a registered by-law
Under section 108 of the SSMA, the installation of CCTV cameras on common property by an owners corporation — acting on the direction of a strata committee — requires a special resolution passed at a general meeting, followed by the registration of a by-law. This is not a procedural technicality. It is the mechanism by which all lot owners are given a voice in decisions that materially affect common property and, in the case of CCTV, potentially their privacy.
It is also worth noting that section 110 of the SSMA — which covers minor renovations — is not available as an alternative pathway for the owners corporation. Section 110 applies strictly to the owner of a lot, not to the owners corporation itself. A committee that has relied on this provision to justify a CCTV installation has applied the law incorrectly.
Beyond the installation question, the scenario described in the Lookup Strata inquiry raises several additional governance concerns that strata committees and managing agents should be aware of:
- Strata committee meeting notices — For schemes of 100 lots or fewer, notice of committee meetings must be given at least three days in advance, either by display on the building notice board or by service to each owner (SSMA Schedule 2, clause 5).
- Minutes — Minutes of committee meetings must be kept and provided to each owner within seven days of the meeting (SSMA Schedule 2, clause 17). Undocumented meetings are a clear departure from this obligation.
- Special levies — These can only be struck at a general meeting by ordinary resolution under section 81(4). A committee cannot determine a special levy on its own authority.
- Secretary and managing agent obligations — Under sections 43 and 54 of the SSMA, the secretary (or a delegated strata managing agent) is required to respond to communications addressed to the owners corporation. Ignoring owner correspondence is not a discretionary matter.
Access to CCTV footage and ownership of records
The question of whether lot owners can access CCTV footage held by the owners corporation is nuanced. Section 182(3)(j) of the SSMA includes a broad category covering “any other record or document in the custody or under the control of the owners corporation,” which on a reasonable reading would capture recorded CCTV footage. The inspection process is governed by section 183.
However, the legal commentary highlights an important distinction: section 182 addresses what records can be inspected, not what the owners corporation’s policy on footage access should be. In the 2022 NCAT Appeal Panel decision Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77, the tribunal noted that any change to an owners corporation’s policy on CCTV footage access should be considered at a general meeting so that all lot owners have an opportunity to be heard. In other words, a committee cannot unilaterally decide to deny owner access to footage — that, too, is a matter for the full owners corporation.
Operational implications for strata committees and facilities managers
For anyone responsible for the governance or day-to-day management of a NSW strata scheme, the key takeaways from this analysis are straightforward:
- Before engaging a security integrator to install CCTV on common property, confirm that a special resolution has been passed at a general meeting and that a by-law has been registered at NSW Land Registry Services. Proceeding without these steps exposes the owners corporation to challenge, potential NCAT proceedings, and the cost of removal.
- Audio recording introduces additional considerations under NSW surveillance laws. If cameras have audio capability, this warrants specific legal advice before deployment.
- Pan-tilt-zoom (PTZ) cameras — the “swivel” cameras mentioned in the inquiry — raise coverage and privacy questions that should be addressed in the by-law, specifying which areas are and are not to be monitored.
- Footage retention and access policies should be resolved at a general meeting, not set ad hoc by the committee or managing agent.
- Lot owners who believe CCTV has been installed without proper authority can request a motion for removal be added to the agenda of the next general meeting (SSMA Schedule 1, clause 4), apply to NCAT under section 153 if the cameras infringe on their rights, or — in cases of serious and sustained governance failure — apply to the NSW Civil and Administrative Tribunal for the appointment of a compulsory strata manager under section 237.
For strata committees that want to upgrade or install CCTV and video surveillance on common property, the right sequence is: obtain proper legal and strata management advice first, draft and register a by-law that defines camera placement, coverage areas, retention periods, and access policy, pass the required special resolution, and only then engage an installer. Trying to reverse-engineer compliance after cameras are already on the wall is a far more difficult and costly exercise.
Mallen Services works with strata committees, owners corporations, and their managing agents across NSW on the design and installation of common property security systems. Ensuring governance and technical requirements are aligned before any works commence is a standard part of how we approach these engagements. If your scheme is considering a CCTV upgrade or has questions about what a compliant installation looks like in practice, a site audit is often the most useful starting point — it documents existing infrastructure, identifies coverage gaps, and gives the owners corporation a clear brief to take to a general meeting.
Original source: https://www.lookupstrata.com.au/nsw-cctv-installation-common-property-strata/