January 2020
Security cameras have a dual purpose. They help keep residents safe. They also serve as evidence of crime or accident on the property. Management has a fiduciary obligation to preserve evidence of these incidents.
When a resident trips stepping in or out of an elevator, a lawsuit or insurance claim may follow. Security footage, if available, may be the only evidence for determining if an elevator malfunctioned or if the resident is at fault.
Management has a duty to preserve evidence when an accident or incident occurs. Policies for deleting security footage should be suspended when necessary to ensure existing footage remains available. Deliberately deleting footage could be viewed as negligence and may result in a condo corporation being held responsible. It may be presumed by a court or insurance company that this evidence was relevant and supportive against the corporation.
When there is an accident or incident that may lead to an insurance claim or litigation, surveillance videos and other electronic or physical evidence should be preserved. Failure to do so can be costly to the corporation and its residents.
