A Florida condo owner faced a conflict with their association over a Ring camera installed outside their unit. The association objected, issued a violation notice, and then removed the device. This situation raised questions about selective rule enforcement, property rights, and the line between civil and criminal issues in HOA governance.
What Happened
The resident put a Ring camera in a hallway outside their condo for security and package monitoring. The condo association told the resident this violated document restrictions on altering or attaching items to common property. After sending written notice, the association took the device down when the owner didn’t comply.
The resident pointed out that 19 other units have similar cameras and claimed selective enforcement of the rules. Local police stated that if the association took personal property, it could cross from a civil dispute to a criminal one. The resident then wondered why the association removed the camera if taking property is potentially illegal.
Key Points of Dispute
- Common Area vs. Private Property
Most Florida condominiums classify exterior doors, door frames, hallways, and walls as common or limited common elements. The association maintains these areas, and owners cannot attach fixtures or change them without approval. - Association Documents Govern
Condo bylaws and CC&Rs usually ban modifications to common elements without board approval. The association can enforce these rules and remove unauthorized fixtures. - Selective Enforcement
Selective enforcement can act as a legal defense but requires proof. The resident must show that other violations exist and the board has ignored them. Previous approvals or differences in property type can counter these claims. - Civil vs. Criminal Issues
Association rules fall under civil law. However, if an association takes a resident’s belongings and refuses to return them, this could become a criminal matter. Associations improve best practices by removing unauthorized equipment but quickly informing the owner and arranging to return the item. - Privacy and Consent Laws
Florida requires two-party consent for audio recording. Video in condo hallways is usually legal, but capturing audio or private interior views can violate privacy laws.
Best Practices for Owners
- Review your association’s rules before installing cameras or other devices.
- Request approval in writing for anything placed on common or limited common elements.
- Consider options like peephole or window cameras that remain within your unit.
- Document similar installations if you plan to claim selective enforcement and confirm that others have not received board approval.
Best Practices for Associations
- Enforce rules consistently to avoid selective enforcement allegations.
- Provide notice of violations, give residents a chance to correct, and remove items only if necessary.
- When removing a device, store it securely and notify the owner for pickup.
- Consider clear policies about doorbell and security cameras that address both security and privacy.
In Florida condo communities, mounting a camera on a hallway wall or door frame without approval usually violates the rules when those areas are common property. The board may remove unauthorized equipment, but should return it to the owner. Owners who believe the board is treating them unfairly should gather documentation and consult a Florida HOA attorney.
FAQ
1. Can a condo association remove my Ring camera?
Yes, if the camera is installed on common or limited common property without approval, the association can remove it according to the governing documents.
2. What is selective enforcement?
Selective enforcement happens when a board allows some owners to break the rules and targets only certain individuals. Owners must prove the board has ignored similar violations by others.
3. Can the association keep property it removes?
No, the association should return the device. Keeping an owner’s personal property could trigger criminal charges.
4. Do I have to get approval to install a security camera?
Yes. Most associations require permission for any item installed on common or limited common property.
5. Does Florida law allow audio or video in common areas?
Florida allows video in shared spaces where privacy is not expected, but recording audio without consent can violate state law.
6. What should I do if my HOA is not enforcing rules consistently?
Document the violations, request clarification from the board, and seek legal advice if you believe you are being treated unfairly.
7. Should I contact the police if my HOA removes and keeps my device?
If the HOA refuses to return your property, contact local law enforcement. Civil remedies may also be available.
