NuGrape Lofts HOA Policy

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.

HOA video security devices installed outside the building

The 2022 Owner survey showed that permanent video coverage installed on the exterior common areas of the property is a high priority versus interior areas. The survey indicated to focus on the exterior of entrances to the building.

Scope of coverage

• Priority 1

1. Parking lot, garbage/recycling, vehicle gate, pedestrian gate
2. Front door, front of building
3. Fire escape first floor, bottom of stairs area, east parking
4. Fire escape second floor
5. Fire escape third floor

• Priority 2 – New City to provide Avigilon equipment

1. Back gate (NC)
2. Parking garage door (NC)
3. Courtyards (NC)

• Priority 3

1. Roof deck
2. Train dock (dependent on ABI discussion)

HOA video security devices installed within the building

The 2022 Owner survey showed that permanent video coverage within the interior common areas of the building is a lower priority. NuGrape’s perspective is that if cameras are installed within the building, they are not to be directed at the entry door to a Unit to protect the privacy of residents.

Scope of coverage

• Priority 1

1. Lobby, mail area
2. Second floor lobby
3. Third floor elevator lobby, stairs to roof

• Priority 2

1. First floor elevator lobby
2. Interior main hallways

HOA Video Management

1. All Directors and HOA management shall have access to the system.
   1. Access to the system is based on business needs such as if there is a report of an incident.
   2. Authorized users shall comply with all applicable and verifiable Federal, State, and Local law enforcement requests and subpoenas. 
   3. A minimum of two directors are required to be authenticated to the camera system in order to access recorded video. Dual authorization login capabilities are required to be configured in the system.
2. All login, administration, and management actions related to the access control and video systems are to be logged including which records are viewed by whom and when they viewed those records.
3. There are to be no shared logins to the system. Two-factor authentication protocols shall be enforced for all users (if capable).
4. Directors are accountable for the administration of the system (as with all NuGrape common elements).
5. Upon written request to the Board, Association Members may be permitted to review the view from a camera.
   1. Association Members shall provide a written request to review a recording and the Board shall provide a written response. Approval for such a Member request shall be at the sole discretion of the Board. The Member shall specify which camera and time frame in the request. The Board will determine if recording files are made downloadable, reviewable, or both.

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).