Condominiums today face security challenges such as theft, unauthorized access, property damage, and illegal activities — sometimes by owners, residents, or visitors.

To address this, many condominium boards are adopting modern technologies that combine artificial intelligence ("AI"), cybersecurity, and real-time human response to create safer living environments. Three key technologies helping to prevent crime are intelligent smoke alarms, AI-powered CCTV cameras, and integrated video monitoring with a security response team.

Modern Technologies

The first key technology is intelligent smoke alarms, which have evolved beyond just detecting fire or smoke. Modern systems can now identify harmful or illegal substances such as cigarette smoke, marijuana, or chemical vapours. By detecting these substances early, management or security staff can intervene quickly, helping prevent fire hazards, property damage, or breaches of condominium Governing Documents (i.e., declaration, by-laws, rules).

The second key technology is AI-powered CCTV cameras. These cameras can analyze live footage and identify suspicious behaviour, unauthorized access, or the presence of contraband. With features like facial recognition and motion detection, the system can track persons of interest or detect loitering while real-time alerts notify security teams of potential threats. This enables quicker response times to effectively prevent and respond to crime.

The third key technology is integrating video monitoring with a trained security guard response team. A live monitoring center can review alerts generated by AI systems, assess whether intervention is required, and dispatch on-site guards when necessary. This creates a coordinated system where technology and human expertise work together to ensure a quick and effective response to incidents.

Legal Considerations

The Board of Directors and their security committees, if any, must consider legal implications when adopting these technologies. Three key considerations are notice requirements to owners, privacy considerations, and staff training.

Section 97 of the Condominium Act, 1998 (the "Act") mentions scenarios where a Board of Directors is required to give notice to owners.

Section 97 provides that if these modern technologies (which are additions, alterations or improvements to the common elements) are installed because it is necessary to ensure the safety or security of persons on the property or the condominium's assets, neither notice nor approval of owners is required.

Nevertheless, it is still best practice for boards to notify owners. The type of notice and approval required from owners depends on whether the alteration is considered a "non-substantial alteration" or a "substantial alteration".

A "non-substantial alteration" does not require notice to owners if the cost does not exceed $1,000 or 1% of a condominium's annual budget (whichever is greater) in a given month.

A "substantial alteration" requires a notice to owners, but the type of notice depends on the cost to install these technologies, which falls under two scenarios.

Scenario one is if the cost is less than 10% of a condominium's annual budget. In this case, notice must be provided to owners, who can request a requisition meeting within 30 days from the date of the notice. If the owners request a requisition meeting in time, at least 50% of attendees must vote in favour of the expense. However, if the owners do not request a requisition meeting on time, the condominium can proceed with the expense.

Scenario two is if the cost exceeds 10% of a condominium's annual budget. In this case, the condominium must consult with owners, and at least 662/3 % of owners must vote in favour of approving the expense.

There are also privacy considerations for condominiums when installing these modern technologies.

The first major consideration is the location of equipment and its potential impact on owners' privacy. Boards and management should ensure that technologies like cameras are installed in locations that would not breach an owner's "reasonable expectation of privacy" (i.e., how much privacy an individual could expect in a particular situation). Failing to meet a resident's privacy expectations could expose the condominium to potential legal liability.

Whether a camera's location could trigger a potential breach of an individual's privacy or trigger the requirement for disclosure depends on each case and the type of camera.

For instance, a camera installed with a view of an owner's exclusive-use common element (e.g., balcony) or the inside of an owner's unit would trigger a higher expectation of privacy versus having a camera installed outside a building or in a building's front lobby. Nevertheless, even if cameras are installed in a public location, a condominium could still be required to disclose the presence of cameras by including signage.

Cameras with facial recognition raise additional privacy concerns due to their identification capabilities. As a result, additional disclosure requirements could be required (e.g., signage that mentions cameras have facial recognition technology), and there are potential restrictions on where these cameras can be installed on the common elements (e.g., hallways on unit floors). To avoid potential liability, a legal opinion should be sought before installing them.

The training of condominium staff to use these technologies is the last important legal consideration.

One recommendation is to prepare a written "privacy and video surveillance policy" for staff and residents. The policy would disclose the location of video surveillance in the common elements. The policy would also outline procedures for how information from video and other types of surveillance is collected and disseminated. Boards and management should request a solicitor's assistance to prepare this policy and provide copies to residents and owners once complete.

Another recommendation is for boards and management to instruct staff when surveillance footage can be disclosed to owners or residents. There may be scenarios where disclosure of video footage is warranted (e.g., a resident's slip and fall), but there are also instances where a legal opinion could be required prior to disclosure.

Conclusion

Modern technologies are becoming invaluable tools for condominiums to deter and prevent crime. These technologies are also useful tools to hold owners, residents, or visitors responsible for wrongful conduct. However, these technologies must be implemented in a manner that protects condominiums from potential legal liability.

Nasrudin Mumin is an associate at Shibley Righton LLP and works with the Condominium Group on litigation matters.

Mehedi Mashud is the Director of Business Development at Gteck Advanced Technology, a leading security integrator that specializes in delivering cutting-edge security solutions for residential and commercial properties, including condominiums

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