It is increasingly common to install security cameras in a Community of Owners with the aim of increasing the protection of neighbors and their properties.
The possibility of installing these video surveillance cameras is allowed as long as the agreement of the Board of Owners is adopted by the legally required majority and the provisions of Organic Law 3/2018 on Personal Data Protection (LOPDP) are complied with and Regulation 2016/679 on the Protection of natural persons with regard to the processing of personal data, which serves as a regulatory framework for the entire European Union.
How many votes in favor are needed to approve the installation of security cameras in a Community?
For the validity of the agreement that approves the installation of a security camera system in the community of owners, the favorable vote of 3/5 of the total number of owners, who also represent 3/5 of the participation fees, is required.
If the surveillance service in the community was previously approved and now they simply want to install security cameras, for the agreement to be approved, a simple majority of owners is necessary.
How is the vote of absentee owners counted?
As you may have noticed, few owners attend the owners' meetings despite being summoned and knowing in advance the agenda (the issues that are going to be dealt with). This lack of interest means that it is very difficult for the number of votes required by law to be reached in these meetings for an agreement to be approved.
In these cases, the Horizontal Property Law allows the vote of those absent to contribute to forming the required majorities, provided that the following circumstances occur:
1. It is a primary and prior requirement that the agreement has been approved by the majority of attendees, even if the legally required quorum has not been obtained.
2. Within a period of 30 calendar days from the notification of the agreements, the absentee may express his agreement, in which case his vote will be added to the majority of those present. If the absentee does not say anything and allows the 30 days to elapse, in this case his vote will also be added to the majority that adopted the agreement.
3. Indicate that the absentee within those 30 calendar days can express his dissenting vote with the approval of the agreement, in which case it will be computed as a vote against the agreement.
Do you have to warn with signs that there are security cameras in the community?
The Community of owners, as responsible, will have a record of treatment activities, not being necessary after the latest reforms to notify the file to the Spanish Agency for Data Protection.
This record must include information on who is responsible, the category of personal data or a description of the technical and organizational security measures, etc.
Signs must be placed warning of the spaces in the common areas that are being video-surveilled. These posters will be posted in an accessible place where you can access a video-surveilled area.
Where can security cameras be installed in the community?
Regarding the location of the security cameras, they will have to capture only images of spaces or common areas.
The cameras cannot capture or record areas of public roads except for the minimum space at common accesses.
The access to the images has to be restricted only to the persons authorized by the Community.
How long will the security camera footage be kept?
Article 22.3 of the LOPDP states that the maximum storage time of the images recorded by a security camera in the community of owners will be a maximum of one month, unless the Police or Security forces need the recording.
Is a neighbor allowed to install security cameras on his property?
If one of the owners decides to install security cameras inside their home or business, the agreement of the Board of Owners is not necessary because it does not affect any common element. This installation is excluded from the data protection regulation.
If you have seen that a neighbor of yours has placed cameras focused on the areas illegally, contact us.
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