FL condo assoc installed cameras and audio monitoring at gated entry; a sign advises, "audio monitoring on premises".

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COA has placed signs advising of audio monitoring "on premises" at the development's entry. Is it that legal in a residential setting to record people's conversations- in the United States? Thank you very much.

Attorney Answers

4
Jay Grife ·
Each state has its own laws as to recording other persons without consent. Florida requires that both parties consent before recording is permitted. It seems the association is trying to provide enhanced security for the residents so the motive is certainly reasonable. If the sign is obvious to anyone approaching the gate then they would be on notice of surveillance present. Obviously someone who argues I did not see the sign can at least raise an issue in dispute.
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Christopher Dillingham ·
Yes, it's legal. Fla. Stat. Section 934.03 has two conditions precedent to making a case for unlawful interception: 1. The party being recorded must have a reasonable expectation of privacy; and, 2. That expectation must be one society is prepared to recognize as reasonable. You have no reasonable expectation of privacy in public. While you are driving, walking around, or standing in your front yard, everything is fair game. If you leave your windows open and someone can see inside your home from the street, you have forfeited your privacy. There is no violation of your right to privacy in the facts you've given us.
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Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
Under the Condominium Act and a case ruling, this is a material change or substantial alteration to a common area and requires a vote of 75% of the unit owners. These disputes are subject to arbitration before the Department of Business and Professional Regulations. You must first put the association on notice by certified mail of your dispute, your desired resolution (removal of the cameras) and your intent to bring the matter to arbitration pursuant to the statute if the dispute is not resolved. I recommend hiring a condo lawyer for the letter because the case can be cited which may be very persuasive in getting the COA to agree to your resolution.
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Jonathan Klurfeld ·
I agree, you have no expectation privacy on property at the entrance out in the open. Additionally, as long as it disclosed that recording is being done, which seems to be the case, then that it satisfies the statute. This is not an illegal practice and is there for president safety to see in here who is coming in.
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