Page 5 - New England Condominium March 2022

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM -MARCH 2022 5 QUESTIONS & ANSWERS Legal Q A& O FFICE OCATIONS N L I B OSTON A ND N ORTH A NDOVER The Eyes Have It Q I live in a condominium in Boston. Cameras have been installed in the complex for se- curity purposes, but I feel like I am be- ing watched all the time by the board president. He knows at all times the ins and outs of residents, or the things we do when we neighbors gather together downstairs by sending emails regarding our actions—which are only friendly. What can we do about this? Is this kind of “surveillance” even legal? — Preferring Privacy A “The short answer to the question of whether it is legal for the board to in- stall and maintain security cameras in the common areas of a condominium is, ‘yes,’” says Jessica Molignano, Esq., an as- sociate at Perkins & Anctil in Westford, Massachusetts. “As lawyers, however, we tend to disdain short answers, so a few ly by the owners so agreeing.’ M.G.L. c. sidering whether to allow cameras to be qualifications are necessary. “Generally speaking, condominium ty-five per cent or more of the unit own- boards in the Commonwealth have broad ers may agree to make an improvement to interpreted this statute to require that a power and control over the common areas the common areas and facilities and as- of the condominiums they oversee, and sess the cost thereof to all unit owners as show that the alleged invasion was both these powers typically include the rights a common expense…’ This means that if unreasonable and substantial or serious. (and duty) to maintain the common areas the installation of a system constitutes an See in a safe and secure fashion. However, the ‘improvement,’ the condominium board board’s right to install and operate these would be required to obtain the approval have also held that ‘\[t\]he appearance of a systems may be limited in a few impor- tant respects. “First, if a condominium in Massa- chusetts plans to install a security system with cameras where one does not already der the Condominium Act, the installa- exist in the common areas, that installa- tion likely constitutes an ‘improvement’ may also implicate Massachusetts privacy subject to a vote of the unit owners under and wiretapping laws: the Condominium Act. The Condomini- um Act, specifically M.G.L. c. 183A, §18, Laws c. 214, §1B provides that ‘\[a\] per- states that ‘\[i\]f fifty per cent or more but son shall have a right against unreason- less than seventy-five per cent of the unit able, substantial or serious interference eye in plain view, it is difficult to under- owners agree to make an improvement to with his privacy.’ This statute codifies a stand how that type of intrusion, as a mat- the common areas and facilities, the cost right of action for tortious interference of such improvement shall be borne sole- 183A, §18 further provides that ‘\[s\]even- of unit owners entitled to 75% of the ben- eficial interests in order to assess the costs volves doffing the cloak of privacy which to all of the owners as a common expense. the law protects’ “In addition to the considerations un- tion and operation of security cameras “Privacy Law: Massachusetts General plained that ‘\[i\]f, as a matter of law, a per- with individuals’ privacy and, when con- installed at a condominium, should not be ignored. Massachusetts courts have plaintiff alleging a privacy violation must O’Connor v. Police Commissioner of Boston , 408 Mass. 324, 330 (1990). Courts person in a public place necessarily in- Cefalu v. Globe Newspa- per Co ., 8 Mass.App.Ct. 71, 77, 391 N.E.2d 935 (1979). “In the case of Digirolamo v. D.P. An- derson & Associates, Inc. , 1999 WL 345592 (Mass. Super. 1999) at 3, the court ex- son has no reasonable expectation of pri- vacy in what can be seen with the naked continued on page 13