Prestige Security Solutions

1. Trustee Permission & Common Property

Under the Sectional Titles Schemes Management Act (STSMA) and Prescribed Management Rules (PMRs), any alteration to common property requires trustee approval — and in some cases, a special resolution from the body corporate.

Installing a camera on a boundary wall, attaching it to a gate motor housing, or running cables across a communal driveway all count as alterations.

• Residents must obtain written permission before installing.
• Trustees should apply consistent criteria for approval to avoid favoritism.
• Conditions may include who maintains the camera, how it is powered, and whether it must be removed if the owner sells.

2. Privacy, POPIA & Rights of Residents

One of the most common objections raised by residents is:

“That camera overlooks me — it’s a violation of my privacy and POPIA rights!”

But the reality is more nuanced:

• POPIA (Protection of Personal Information Act) allows the collection of personal information (such as video footage) if it is necessary, lawful, and used for a legitimate purpose.
• Security and crime prevention are widely accepted as legitimate purposes.
• Residents generally have no reasonable expectation of complete privacy in common areas or shared spaces such as parking areas or entrances .
• That said, POPIA does place restrictions:

• Footage may not be misused, shared online, or used for harassment.
• Signage may be advisable to alert residents that CCTV is operating.
• A resident cannot point a camera into a neighbour’s private unit, balcony, or windows.

3. Dealing with Unauthorized Installations

Trustees cannot ignore residents who put up cameras without permission. This sets a precedent and may lead to “camera clutter” across the scheme.

Steps trustees should follow:

1. Written notice – Reference STSMA and PMRs, explaining that approval is required.
2. Opportunity to apply – Give the owner a chance to submit a proper request.
3. Consistency – If one camera is allowed, be prepared for others to request the same.
4. Enforcement – If the owner refuses to comply, the body corporate can enforce removal via the Community Schemes Ombud Service (CSOS).

4. Why Residents Install Cameras: A Red Flag for Trustees

Perhaps the most overlooked issue: if residents feel compelled to install their own cameras, it may signal they lack confidence in the trustees’ security management.

This doesn’t always mean trustees are failing, but perception matters.

Trustees should:

• Communicate clearly what security measures are in place and why.
• Assess gaps: are entrances, parking bays, or perimeters properly covered?
• Plan upgrades: consider a community-wide CCTV project managed by the body corporate. This ensures legal compliance, fairness, and consistency.
• Engage residents: hosting an information session or survey can build trust and show that concerns are taken seriously.

Conclusion

Private CCTV cameras in sectional title schemes raise legal, operational, and community challenges. Trustees have a duty to act fairly, enforce rules, and protect the scheme as a whole.

By:

• Requiring permission for installations,
• Clarifying POPIA implications,
• Enforcing consistency, and
• Using resident concerns as feedback to improve scheme security,

trustees can turn potential disputes into an opportunity to strengthen both safety and community trust.

⚖️ This article is intended as general guidance for HOAs and body corporates. For specific disputes, trustees should seek legal advice or assistance via CSOS.

Prestige Access & Security Solutions
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