In the age of technological advancements, the integration of video doorbells in condos have become an increasingly hot topic. Video doorbells, equipped with real-time video streaming, have revolutionized home security. While these devices offer enhanced security and convenience, the rising installation of video doorbells in condos has sparked concerns about privacy.
Living in a condo involves shared spaces, which creates a fine line between communal living and individual privacy. The installation of video doorbells introduces a new dimension to this dynamic, raising concerns about the extent to which residents can observe and record activities in common areas.
In R. v. Yu, the Ontario Court of Appeal held that residents have a “reasonable expectation of privacy” on the common elements. However, this expectation of privacy on the common elements exists on a sliding scale and depends on a number of factors (including, for example, size of building, accessibility to the area by the public, access control, etc.) and each situation must be determined on its individual facts.
In a highrise condo, video doorbells could provide a view of hallways (and potentially into other units). Given the close proximity to units and access control, the expectation of privacy within these hallways is relatively high and use of video doorbells in this context would raise significant privacy concerns. Conversely, in a townhouse condo with exterior doors facing publicly accessible areas, there would be a lower expectation of privacy. Different types of condo communities tend to have different approaches to video doorbells.
In many situations, installing a video doorbell would constitute an addition, alteration, or improvement to the common elements (under section 98 of the Act) or be otherwise governed by existing provisions in the declaration or rules. That said, we encourage condo corporations to establish specific rules regarding the prohibition or use of video doorbells so that owners have a clear understanding of what is and is not permitted. Where appropriate, rules can also assist with ensuring that video doorbells do not adversely affect the privacy of other residents by governing the viewing range of video doorbells or their permitted installation locations.
Balancing security concerns with residents’ reasonable expectation of privacy is no easy feat. In addition to your condominium corporation’s governing documents, the City of Toronto has some guidance and best practices on installing surveillance on private property.
