Estimated reading time (in minutes)
Building surveillance! The condominium wants to install a surveillance camera in your building… Is it legal? Who can authorize its installation and what can it film?
Is it legal?
It is possible to install a surveillance camera in a condominium building, but only under certain conditions. This is part of the work that can be done in the common areas to prevent damage to persons and property. The installation of a camera must be voted on at the general meeting of co-owners, by an absolute majority, or even by a simple majority in a second vote.
The camera can only film the common areas of the co-ownership (corridors, car park, elevator, etc.) but not the public thoroughfare, the commercial and activity premises, or the private entrances of the co-owners so as not to infringe their privacy. In the event of registration and identification of persons, the device must be declared to the CNILand information of the persons filmed must be provided by means of a display panel.
What happens to these images?
In case of recording, the images can only be kept for a maximum of 30 days. They can be used as evidence in case of illegal acts. If they were carried out with a view to protecting the co-ownership and its inhabitants against serious attacks (thefts, attacks, etc.), they can be transmitted in real time to the services responsible for maintaining order. The images must only concern the common areas (hall, corridor, etc.) and not the private entrances or the public road. Their transmission must be voted by an absolute majority at the general meeting. If this transmission is planned and organized by the police, it takes place in real time, and strictly for the time necessary for the intervention.
Can we oppose it?
A co-owner who wishes to oppose the installation of a camera may request, during the general meeting, that the vote be taken unanimously, and not by an absolute majority, given the seriousness of the impacts of this facility. If the terms of organization or voting of the general meeting have been scrupulously respected, it is difficult to contest the installation of the camera. In the event of a malfunction in the voting or organizational arrangements, you can go to the tribunal de grande instance to request the cancellation of the decision, or even of the general meeting in its entirety. If we find that the camera is filming the entrance to his home, we can contact the judge in chambers to request his removal or redirection of the camera towards the common areas.
DAMY law firm , Nice, Installation of cameras in common areas, Update 2022
