Privacy in housing complex
Posted on: Fri, 07/09/2010 - 09:31
Privacy in housing complex
Posted anonymously to 'ask a FAQ', which is only for very brief and general questions :
"I live in a strata complex. Other owners are now taking the liberty of snapping pictures of other owners violating rules, ie: animals entering/exiting homes. I have a cat that I am trying to keep indoors but sometimes it bolts out the door. It can't be helped! I also feel as though, now I am being watched. If you're caught on film not following rules, there are hefty fines. Is this legal? Am I not allowed privacy?"
The anon poster has a tenancy agreement, voluntarily entered into, that excludes pets and wishes to continue to deliberately break that agreement. Other tenants who prefer to live with trustworthy neighbours unsurprisingly object.
This selfish, arrogant pet owner wants to restrict their neighbours' legal right to take photographs in order to continue to break their word and to walk away from the contract they signed. That's pretty contemptible. They should get rid of their pet or move.
Have you tried asking your neighbours to please not do this, and explaining you aren't comfortable with it? Being at war with neighbours really is best avoided, a non-confrontational appeal to their better nature is worth a try.
Within your own home you have a right to privacy, but you are unlikely to have any entitlement to privacy in public parts of the complex. Whether filming or photography is allowed in communal areas is up to the landlord or owner or their management agent. They'll often install CCTV, proving the point.
You could check your lease to see whether there are any restrictions that might apply to your nosy neighbours. With complexes of apartments there will usually be requirements that residents not interfere with each other's enjoyment or behave antisocially. However a restriction on pets might make the landlord unsympathetic to complaints, and it'll just look like a vexatious tit-for-tat dispute.
If this vigilante surveillance is severe enough to amount to harassment or antisocial behaviour then that could be actionable. In extreme cases this might be a police matter. A solicitor would advise.
Photorights admin
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