Subject: Protect Your-Home and Family-with Hidden Security-Cameras

From: "Wireless Security Cameras" <[email-masked]>
Date: Wed, 13 Apr 2016 12:11:03 -0700

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Note further that the board can charge and collect all expenses incurred in connection with the challenge to the assessed valuations as common expenses. Typically, these matters are handled by the attorney on a contingent fee basis. The fees are usually some percentage of the tax savings, so fees are not paid unless there is a reduction in the assessed valuation of the units. As such, unless counsel advises the association that the units seem fairly assessed, there is no good reason for an association not to appeal the assessor's valuation of units. Q. The husband of a board member has sued the association for damages resulting when he fell on ice in the association's parking lot over the winter. Is it a conflict of interest for the wife to remain on the board while this lawsuit in taking place? A. No, it is not a conflict of interest. However, the wife should not vote on any matter related to the litigation, but could be counted toward a quorum. Further, she should not be present
during any closed session of the board when this matter is being discussed and should not be provided any privileged correspondence from the association's defense counsel. Q. I know that many associations have trouble finding candidates to run for the board. We have the opposite problem. About 10 people ran for the three open seats of our five-member board. As a result, the persons elected to the board did not receive very many votes. Is there a limit on the number of candidates that can run for the open seats on the board? A. Yours is an unusual "problem." However, in general there is no limit on the number of owners who can run for the board at any one time. Of course, only one of the co-owners of a particular unit can run for the board at one time. Sometimes an employment lawyer is faced with a thorny question that involves multiple layers of analysis. Other times, the advice is so simple and straightforward that almost anyone can answer it. Unfortunately, a business owner in Vir
ginia never gave an employment lawyer the opportunity to tell him that his planned strategy of installing security cameras in his business???s bathrooms was not wise, and is now facing the consequences. The Issue For years, Dennis Smith, the owner of Calabash Seafood Restaurant in Mechanicsville, Va., has claimed that he has had a problem with vandalism in his restaurant???s bathrooms, including having urinals broken and torn from walls. His solution? He decided to install a security camera on the bathroom ceiling to be able to capture evidence of unwanted behavior. A gross invasion of privacy, you say? An unwanted intrusion into sensitive behaviors, perhaps? An illegal recording of someone while partially dressed???or naked, even? Smith claims he thought of all of these things, so he pointed the hidden camera at the common area of the bathroom capturing people when they enter and exit and not while, you know, doing their business. He didn???t put up a sign or warn people that thei
r activities were being monitored by security camera, however, and admits that people who chose to dress or undress in the common area of the bathroom would be captured on video. But most of his customers who noticed the discrete object mounted on the ceiling figured it out and commended him on his actions, he says, telling him that he was well within his rights to do so. One such customer did not agree, and took it upon himself to vandalize the camera in his own effort to fight back and protect his (and others???) privacy. Smith took the broken equipment and the footage of the vandal damaging his camera to the local authorities hoping to press charges. It was only after Smith complained about the damage that the police learned of his secret bathroom surveillance; they obtained a search warrant and launched a criminal investigation into his conduct. The district attorney is now deciding whether to charge Smith with a misdemeanor crime. Even as a criminal investigation is underway, S
mith is unrepentant. He was quoted in a local newspaper as saying, ???Well, whoopee. It???s a misdemeanor. Are you kidding me? That would be a joke.??? When asked whether he thought any of his customers might not like the thought of the camera filming them in the bathroom, his response was, ???if you don???t like it, you don???t have to eat here. The Takeaway While Smith???s attitude may be a breath of fresh air in this button-down world of controlled corporate communications, his decision-making skills could certainly have used some redirection. If a client calls me and asks whether they could install a security camera in a company bathroom, I would not be able to say ???NO??? quick enough. Besides the possible legal consequences of videotaping employees or customers while in various states of undress and while engaging in private conduct, business owners could face the real possibility of a civil lawsuit leading to a massive judgment for invasion of privacy. The key legal element
in these cases is whether your employees and customers have a reasonable expectation of privacy in various parts of your business. If so, it would be unlawful behavior for you to record them while they are in these locations. It goes without saying that people have a very reasonable expectation of privacy when they enter your bathroom, and for that reason, video cameras in the john are essentially an absolute no-no. And the same goes for any area of

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