Security Cameras WITH AUDIO?

DO YOU WANT TO LIVE IN A COMMUNITY WHERE YOUR CONVERSATIONS ARE RECORDED WHILE YOU'RE HAVING A CUP OF COFFEE OR A GLASS OF WINE?

Read the background story below of a successful campaign to stop the plan to install audio cameras that collect conversations.

Thankfully residents got involved, spoke up, wrote emails and made phone calls, so the board said 'no' to audio on any security cameras in our community's buildings and grounds.

We thank the board for this vote. Residents still need to be sure however, that no one can inadvertently or deliberately change this decision. Stay aware!

Background Story: The board president wrote in a board study session meeting minutes report on Mar.13, 2023 sent by email to residents, the following:

"Activity Center high resolution 'with audio' cameras were recommended and if we are under budget for the Activity Center the cost could come out of that budget. It was also suggested that our other security cameras need to be upgraded for higher resolution and 'audio' . The cost of a package deal for the Activity Center cameras will be investigated."

Was the board not aware that to install audio security cameras in HOA common areas is illegal and a criminal offense?

During the discussion at the board meeting a resident asked the question,"Wouldn't this be an invasion of privacy?" To which a board member responded, "There is no expectation of privacy when you are in a public space". But he misunderstood the definition of public space as it relates to an HOA and he quoted the state law information incorrectly.

As a side note:

This is not the first time this has occurred. For example, a certain board policy composed by this same board member recently passed in a board vote, even though it had been drawn to their attention prior to the vote that the policy as written, did not correspond to AZ HOA laws. Corrections to the policy were sent to them by a resident who had been advised by Dennis Legere, who works at the State Capital in the writing of new legislature. But the revisions needed went unnoticed and were ignored by the board, who passed the policy as written in spite of its non-adherence to the law.

The 'Eavesdropping and Communications' law states that recording is allowed to take place 'if there is no reasonable expectation of privacy, such as in a public space.' Our Activity Center and the interiors and exteriors of all our facilities are considered common ground, not public space. Public spaces by definition are streets, sidewalks and parks.

"The AZ Revised Statutes, Title 13 - Criminal Code stipulates that AZ is a one party consent state. In Arizona it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit, there is a caveat in that recording is allowed to take place if there is 'no reasonable expectation of privacy' such as in a public place, a street or park (or in conf. mtg. rms.).

RecordingLaw.com

"One of the most common questions about security cameras in HOA communities is whether or not they are even legal or allowed. Generally speaking, HOA security (video only) cameras are allowed, particularly when it comes to security cameras in common areas. These cameras, though, should not be pointed towards areas where residents expect reasonable privacy such as bathrooms, locker rooms, and conference or meeting rooms. Additionally, while you can install cameras for video surveillance, audio surveillance is usually illegal."

CedarManagementGroup.com

Dennis Legere of the AZ Homeowners Coalition states,"Common areas in a planned community are owned by the association but are not considered public space, they are limited to use by the members and guests only. Associations are clearly allowed to place security cameras for the security of their property. Voice capability on those cameras is a totally different issue and would be a violation of your privacy. We are a single party state where only one party in a conversation in public would have to agree to being recorded. If the association records conversations between two people in the common property where neither person agrees to the recording that is a violation of the law."

If the board approves the installation of security cameras that have audio capabilities (initially proposed by our General Manager) in and around our common ground facilities, it will be illegal and a criminal offense.

Given that it has been reported by a board member that this was the General Manager's idea, wouldn't he have researched its legality first? And why do board members who make such a recommendation neglect to perform their duties of research and due diligence before they even present and discuss such matters?

It is also telling that our board declines providing audio records of the board meetings for resident use and transparency, yet they were seriously considering cameras that record our conversations!

These audio camera installations were scheduled for a board vote on Tues. March 28, 2023. Thankfully due to the residents efforts who spoke up on the matter, the vote did not pass.