Surveillance and Security in Communities of Owners

One of the most frequent queries that Communities have is regarding the installation of Security Cameras. Can Security Cameras be installed in a Community’s public areas? The answer is yes, however, this will need to be approved by ⅗ of the total owners, who must represent ⅗ of shares, as established by the Horizontal Property Act. There is an exception if the community already has Security personnel, as in this case the installation of cameras would be considered an extension of this service and can be approved by a majority vote.

The Community must take into account the criteria established by the Spanish Data Protection Agency (AEPD), that establishes three requirements:

  • The cameras must have a defined intention (to avoid vandalism, thefts, etc).
  • The method used must be the most moderate method or the least invasive one.
  • The installation of the cameras must bring more benefits than inconveniences to the community.

Once the Community is sure that they comply with this criteria, they must register the use of cameras with the (AEPD) Spanish Data Protection Agency. As well as this, there are certain issues that all owners must be aware of:

  • To define the areas under surveillance, where the corresponding signs will be posted to inform owners of existence of these cameras.
  • The hard drive where the images are stored must be in a secure area.
  • The recordings must be saved locally and not over the internet.
  • Access to these recordings must be password protected.
  • Only authorized personnel designated by the community of owners will be able to see and record these images.
  • The data can be saved for 1 month. After this, all recordings must be erased.

Having reached this point, what companies can install cameras in a Community? Surveillance cameras must be installed by a Security Company who is duly registered by the Spanish Interior Ministry. Companies registered by other institutions do not have the sufficient authorizations to carry out these installations. They will also have to comply with other Private Security Regulations, and each installation will need to be registered with the Head of Private Installations (Jefatura de Instalacion Privada).

If you have any questions, contact your Chartered Community Administrator.

This is a message from the Official College of Chartered Community Administrators for Malaga and Melilla

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