Damien Bielli published a column in Law Week Colorado on 1/23, highlighting legal considerations for HOAs when contemplating installing audio and video surveillance systems. He discusses the benefits and limitations of security systems and emphasizes how each HOA must consider its governing documents, local and state regulations and laws, and the liability concerns with surveillance systems.
“HOAs must avoid unintentionally increasing their liability for third-party criminal acts by creating an expectation of security by installing surveillance systems,” writes Damien. “Local and state laws concerning surveillance systems vary by state, but in Colorado, privacy laws prohibit anyone from visually recording another individual without consent in situations where a person has a reasonable expectation of privacy.”
Damien mentions that if audio surveillance systems are installed, HOAs need to be aware of stipulations. “Colorado is a one-party consent state, meaning someone can record their conversations without telling others.” In addition, he emphasizes it is illegal to record private conversations where the person recording is not a participant. Damien details how HOAs should address resident-owned security surveillance systems.