NuGrape Lofts HOA Policy

Out of scope

This policy is not applicable to personal video security devices installed within or as part of personally owned vehicles (such as dash-cams) parked on NuGrape property.

Declaration Excerpt

Declaration Section 19(a) – The Association or the Declarant may, but shall not be required to, from time to time, provide measures or take actions which directly or indirectly improve security on the Condominium; however, each Owner, for himself or herself and his or her tenants, guests, licensees, and invitees, acknowledges and agrees that neither the Association nor the Declarant is a provider of security and neither party shall have a duty to provide security on the Condominium. Furthermore, the Association does not guarantee that non-Unit Owners and non-Occupants will not gain access to the Property and commit criminal acts on the Property nor does the Association guarantee that criminal acts on the Property will not be committed by other Unit Owners or Occupants. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Unit Owner. Neither Declarant nor the Association shall be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.

For all Personal Security Devices

• For all devices, the Unit Owner assumes full responsibility for compliance with all federal, state, and local laws including wiretapping and privacy laws.
• If the personal security device is capable of recording audio and/or video and the presence of the device is not obvious (for example, a peephole-based hidden behind the door or an exterior camera hidden behind a plant), a sign measuring at least 4”x4” should be prominently and obviously displayed on the area outside the unit (e.g. affixed on the exterior of the door) with notification of video and audio recording.
• If there is a dispute from an Owner over a personal video security device, the Board is permitted to mediate and request a review of a snapshot of the field of view from the device to make recommendations to Owners when privacy zones should be used. You can block a camera’s field of view to protect privacy and personal information. A privacy zone is like a blind spot for a camera. The area covered in the privacy zone cannot be used for viewing, recording, or motion detection.
• The Association shall not be held liable for the content of the recordings from personal video security devices and as such each Owner shall indemnify and hold the Association, its directors, officers, and agents free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of installing and using such personal security devices. All privacy disputes between Units regarding personal video security devices shall go to mandatory mediation before litigation.
• Recorded content is the property of the owner of the Unit from which it was recorded. As such, the owner retains all rights to the recorded content.

Personal Security Devices installed within Unit boundaries

• Personal security devices are allowed to be installed in a location which is within the Unit boundaries as depicted on the Declaration.
• There are no minimum or maximum limits on the number of devices installed within Unit boundaries.

Personal Security Devices installed at Unit doors/frames

Doors/frames to or from interior Common Areas

• Peephole-based video security devices -or- doorbell-based video security devices are allowed to be installed on Unit doors to/from interior common areas.
• A maximum of one (1) doorbell-based -OR- one (1) peephole-based video security device is allowed per Unit door to/from interior common areas.
• Devices are to be mounted only on the door, door frame, or door trim surrounding the frame.

Doors/frames to or from exterior Common Areas (including to or from Limited Common Areas)

• Doorbell-based video security devices are allowed to be installed on Unit doors to/from the exterior common area.
• A maximum of one (1) doorbell-based video security device is allowed per Unit door to/from the exterior common area.
• Devices are to be mounted only on the door frame or door trim surrounding the frame.

Personal Security Devices installed outside Unit boundaries

• Personal security devices are permitted to be mounted on any element outside the Unit which only serves that Unit, including but not limited to: Limited Common Elements, improvements to Limited Common Elements, pipes, conduit, awnings, railings, light fixtures, etc. (presumed to be in the vicinity of the Unit)
• Devices should be located in such a way to respect other residents’ use and enjoyment of Common Elements including Limited Common Elements.

Applicable Georgia Laws

Georgia is a single-party consent state. 

A person may record oral conversations where either the person is a party to the conversation or at least one of the participants has consented to the recording.  The use of a camera is prohibited without consent of all persons observed for any events that happen in a private place. However, a property owner may use a recording device for security purposes to record the activities of persons in areas where there is no reasonable expectation of privacy.

A person may intercept a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. See GA Code § 16‐11‐66 (a).

It is unlawful for any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view. However, it is not unlawful for an owner or occupier of real property to use for security purposes, crime prevention, or crime detection any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy. See GA Code § 16-11-62 (2).