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Cameras on HOA property

Our HOA previously alerted the homeowners of HD cameras being placed in around the REC centers and Common Areas. Are there laws in AZ concerning who can see the videos, primarily, it seems someone with access to the videos has either shared the contents or actually seen them and is sharing false information via email to the other homeowners.

2 Responses

  1. dennisl

    Susan,

    In an HOA the common property is owned by the association and not the homeowners. As such the association is free to installed security cameras to monitor activity on or around their property the same way that you would be allowed to put security cameras on your home.

    While a video is simply a recording of what happened in the field of view, there are ways that these recording can be altered. Intentional altering an association record could also be raised in civil litigation. If the association is retaining these recording they become a record of the association and as such are free to be viewed by anyone requesting to view that Record. ARS 33-1805. If someone is intentionally distributing false or misleading statement either verbally or in writing with the intent to defame any individual or group of individuals that would constitute Defamation which is against the law and could be subject to litigation. But if anyone is simply telling what the unaltered video show, no matter how unpleasant to the individual involved that is simply the truth.

    Dennis

  2. Susan Lukawski

    Thank you, I understand the truth is a defense against defamation as it should be. Would a Board member who disseminates information concerning a complaint about one homeowner to another homeowner constitute a breach of fiduciary responsibility by that Board member? It reminds me of the children’s game button, button, who’s got the button. I wish all homeowners realized how much we need a level playing field when dealing with HOA & Management companies. EVERYONE should join and contribute to AZHOC!

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