While drones are not a frequent concern for most Ontario condominiums, their use for photography, recreation, and property inspections is increasing. With this rise, questions about privacy and security are emerging— especially when drones fly near residential units or common areas. A recent controversial social media video highlighted a situation where a drone hovered close to a condo building, raising concerns about unauthorized surveillance.
Are Drones a Privacy Concern in Condos?
Under Ontario’s Condominium Act, 1998, condominium corporations have a responsibility to protect the privacy and security of unit owners and residents. If a drone is flying close to windows, balconies, or amenity spaces, it may be seen as a privacy violation or even trespassing.
Additionally, federal privacy laws regulate drone use, particularly when cameras are involved. The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to commercial drone operations (e.g., real estate photography). Even recreational drone operators must avoid infringing on residents’ privacy.
What Can Condo Boards and Managers Do?
Consider Condo Rules on Drone Use
While drone-related issues may not be widespread, boards can proactively implement or update condo rules to prevent future concerns.
- Restrictions could limit drone flights over common elements, near unit windows, or within a certain distance of the building.
- Rules should align with Transport Canada regulations, which prohibit drones from flying within 30 meters of people for basic operations.
Address Unauthorized Drone Activity
If a drone is spotted near the building or common areas:
- Residents should report it to condo management or security.
- If privacy concerns arise, the board may be able to act under the condo’s declaration, bylaws, or rules.
- Persistent issues may require legal consultation.
Be Aware of Municipal and Criminal Laws
- Trespassing: The Trespass to Property Act may apply if a drone repeatedly enters private condo property.
- Criminal Code Violations: If a drone is used for unauthorized surveillance or to record residents in private areas, criminal charges could be possible.
Key Takeaways for Condo Boards
- Stay Informed: While drone-related incidents are uncommon, having a plan in place can help address concerns if they arise.
- Educate Residents: Ensure residents know how to report drone activity and understand applicable regulations.
- Consult Legal Experts When Needed: If a drone issue escalates, legal guidance can help determine the best course of action.
Although drones are not a widespread issue in Ontario condominiums, boards should be prepared to handle concerns in a way that protects residents’ privacy while complying with relevant laws.
