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Doorbell cameras and CCTV use have increased with more investors opting for short-term rentals.
Inquiries concerning security camera placements and short-term letting within body corporate schemes have grown steadily over the past few years.
These two issues often go hand-in-hand as lot owners look to cash in on the popularity of short-term letting sites such as Airbnb while simultaneously trying to protect their investment property with improved security measures.
They have both been the subject of issues raised with bodies corporate and often end up at the Office of the Commissioner for Body Corporate and Community Management (BCCM) for conciliation or adjudication.
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A doorbell cam picking up a Tasmanian devil was a welcome surprise in Tasmania, but in Queensland neighbours have not liked the idea of their comings and goings being recorded.
Before I unpack the two issues, it is important to note there is nothing within body corporate legislation preventing an owner from short-term letting.
However, any owner who wants to short-term let their lot must consider local council regulations before making the decision.
Those regulations may differ between each council and also between the locations within each council’s area.
The convenience of online short-term letting for lot owners can lead to challenges for body corporate residents.
One common inquiry is whether a body corporate can ban or restrict short-term letting.
Based on legislation, the body corporate cannot create a by-law that restricts the use of a residential lot that is being used lawfully for residential purposes.
This is supported by decisions of the Queensland Civil and Administrative Tribunal (QCAT) and our adjudicators.
Some bodies corporate in Brisbane have seen increased community complaints about short-stay accommodation in buildings.
To summarise a QCAT decision, the meaning of the term ‘residential’ in the Act was deemed that “the legislature intended that the term ‘residential’ would include holiday letting and/or short-term accommodation and that is the way it should be construed”.
In another case example, a by-law that had been created to require body corporate consent for leases less than three months was successfully challenged at the BCCM.
The BCCM adjudicator determined that given leases longer than three months did not need approval, the by-law was invalid.
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Owners who let their lots on the short-term rental market often need to consider issues such as the distribution of keys and installation of a doorbell security camera.
Body corporate legislation does not specifically cover CCTV surveillance within a scheme but other legislation may.
For instance, recording a private conversation without permission, or in an area where privacy is reasonably expected, may be deemed illegal.
A doorbell camera that captures footage showing areas where privacy should be expected, such as bathrooms or changing rooms near the common property pool, could also be illegal.
Lot owners, therefore, have a responsibility to ensure that they are allowed to install CCTV equipment on their property and that it does not breach other legislation or any by-laws the body corporate has in place.
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They also must ensure it does not interfere with another lot owner’s use or enjoyment of their lot or the common property.
Finally, an owner may want a key box affixed to an external part of a building for short-term letting. In most situations they will need to seek permission from their body corporate.
Even if the boundary is within the owner’s lot, there may be a by-law about the appearance of the lot that needs to be considered.
If the key box is placed on common property, then the owner would have to seek permission from the body corporate to have it installed.
The legislation states that any improvement that a lot owner makes to common property needs approval from the body corporate.
You can find more information on CCTV cameras and short-term letting on our website.
To learn more about the disputes process, running a body corporate, or to subscribe to the BCCM newsletter, visit https://www.qld.gov.au/law/housing-and-neighbours/body-corporate/bccm.
* Jane Wilson is the Queensland Commissioner for Body Corporate and Community Management.
