• Neighbour installed CCTV in his car parking

My neighbor  fix cctv in his car park (common car parking area) and recorded in his room, but there are six flats only and we don't have association, all remaining five flats owners wants to remove the cctv or otherwise footage should be recorded in common lift room, kindly advice me please
Asked 1 year ago in Civil Law from Chennai, Tamil Nadu
1) neighbour cannot affix any CCTV in common areas without the consent of other members 

2) if member refuses to remove CCTV cameras fixed in common area complain to muncipal corporation 

3) better strategy would be for all members to come together and affix CCTV cameras on all common areas for security purposes . Recording can be placed in society office and TV installed in security cabin so that security guards can keep a watch on entry and exit of visitors 
Ajay Sethi
Advocate, Mumbai
36389 Answers
2017 Consultations

5.0 on 5.0

If he has been allotted a fixed car parking slot in the common parking area he can install CCTV in his slot. The other owners cannot remove it.
Ashish Davessar
Advocate, Jaipur
21579 Answers
577 Consultations

5.0 on 5.0

Hello,
1) You can file a police complaint jointly and demand that the recording has to be in a place of access to all like the lift room.He ought to have obtained the permission of the other residents.

2) If the police is unhelpful you can send him a legal notice demanding the majority requirement and in he fails to fall in line you can file a case in the civil court compelling him to either uninstall the CCTV camera or make the changes in the place of recording/placing the monitor.
S J Mathew
Advocate, Mumbai
2144 Answers
94 Consultations

5.0 on 5.0

1. The CCTV has been installed by your neighbour in the common car parking area and views/records the movements from his room,

2. Other flat owners object to this and want it to be viewed/recorded from the common lift room,

3. Ask the neighbours to bye a fresh CCTV camera and install the same at the car parking arae and arrange to view/record  it from any place they wish to,

4. They have neither any right to remove the said camera installed by your neighbour nor claim to get the benefit of the said installation of camera which other person has installed.
Krishna Kishore Ganguly
Advocate, Kolkata
15501 Answers
377 Consultations

5.0 on 5.0

You have not mentioned the cause of your concern over your neighbor's such activity.
There is nothing wrong in your neighbor installing a CC TV Camera in his own parking space.  
He might have fixed it for monitoring misuse of his parking space which is not illegal by any law.
It is his own property so he cannot be directed to fix it in the common area for the benefit of all or to remove it.
In the absence of any association or bye law to keep a tab on such event or control  or declare them as illegal, you cannot raise a legal dispute over it. 
Moreover you have not stated that in what way this disturbs you or how do you consider it as an illegal issue.  
In fact any legal action directing him to remove the same may be considered as illegal. 
You may gather other residents together and decide about how to approach this issue with the adamant neighbor. 
T Kalaiselvan
Advocate, Vellore
26340 Answers
265 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer