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Surveillance okay in common areas at condominium

 
Published June 9, 2017

Q: My condominium installed electronic locks with fobs on the building doors along with security cameras recording who's coming and going. I don't like the idea of the board tracking my movements. What are my rights? Brian

A: Your association is allowed to have video surveillance in areas where you don't have a reasonable expectation of privacy, such as at the entrances and in the pool area. It may not record private areas, such as locker rooms or the inside of your condo unit. Because you don't have an expectation of privacy in a common area, the key fobs would be allowed.

The board has a responsibility to maintain the safety and security of your community. While no one enjoys Transportation Safety Administration screenings at the airport, most people accept the privacy intrusion as a necessary part of safe air travel.

When you live in a community association, you're agreeing to give up certain rights. For example, the board will sometimes be able to enter your unit if necessary for the good of the building. Or your use of the facilities may be documented, and you'll have to ask permission before making certain changes to your home. In exchange, you get community pools, tennis courts, exercise rooms and other amenities most people couldn't afford themselves.

Disclose everything not readily seen

Q: I'm selling my condo. Am I legally required to disclose that my home sits under the flight path of a moderately busy airport? Louis

A: A 1985 Florida case set the precedent when it comes to home sales and "caveat emptor" (Let the buyer beware).

Based on the outcome of Johnson vs. Davis, I advise sellers to disclose everything not readily seen that can affect property value. You could face a lawsuit if you fail to disclose something important to your buyer. If there's any doubt about whether to disclose, you should do so.

Most real estate agents will have a seller fill out a detailed disclosure form to give the buyer. Make sure you fill it out completely and accurately. Material defects, such as roof leaks or sinkholes, are obvious, but some issues, like airplane noise, can be more subjective.

It's really a judgment call and depends on how much noise the planes make. If your windows are routinely rattled at 5 a.m. — when a typical buyer wouldn't be likely to discover it — then definitely disclose. If the planes are flying over every 15 minutes during normal business hours when people are viewing the house, it's not as important to disclose.

Every situation is unique, and adding another sentence to the disclosure form is free and easy, so I recommend disclosing every possible defect to avoid problems later. Because you think the noise is enough of an issue for you to be concerned, you might want to let the buyer know.