HOAleader.com - Tip of the Week - September 5, 2025
Published: Fri, 09/05/25
Updated: Wed, 09/10/25
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HOAleader.com - Tip of the Week - September 5, 2025
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Cameras are everywhere today. But are you sure you're not inadvertently stepping into a legal mess with yours?
In this week's tip, our lawyer experts get you started with best practices based on the laws in their states. The first rule of thumb: don't call your camera system a security system!
“What's the purpose of your system?” asks Marshal Granor, CCAL, managing partner at Granor & Granor PC in Horsham, Pa., who's not only a community association lawyer but also the former owner of a community association management company.
“Is someone manning the cameras and watching at all times?” he asks. “Is it there not really for security but for surveillance so if something goes wrong, there's a chance you may have caught the act on tape? Are these things really effective to deter crime? What are you trying to avoid? For instance, if you're worried someone is going to be attacked in the garage, maybe you need more lights or stronger doors.
“I'm very careful with my associations to make sure they don't say anywhere that they're providing security,” states Granor. “The cameras are surveillance to make sure people aren't dumping in the dumpsters illegally, to keep people from parking improperly, or to keep kids from going in the pool at 2 a.m.”
Absolutely, says Jonathan James Damonte, founder of Jonathan James Damonte, Chartered, who's been representing community associations for 40 years mostly in the greater Tampa Bay area and is a Florida Bar board certified specialist in condo and planned development law. “Don't call them ‘security cameras,'” he advises. “That creates potential liability for ‘negligent security,' a favorite of personal injury lawyers. Call them ‘surveillance cameras.' If you call them security cameras and someone gets hurt, you'll get sued for not properly providing security.
“I spent 10 years litigating a negligent security case because the association called cameras ‘security' cameras,” he adds. “A guy was murdered in a community that didn't have room for gates but had cameras and called them security cameras. The man's family sued. We finally beat off that case and didn't have to pay anything. But it took 10 years.”
Get all 5 Tips for Smart Condo/HOA Camera System Policies and Procedures in our new article: https://www.hoaleader.com/members/5164.cfm
Best regards,
Matt Humphrey
President
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