Condo Media - November 2020 - 14

CUTTING-EDGE CONDOMINIUMS

Smart Thermostats
and Moisture Detectors
These devices may offer
utility savings. They are
advertised as "learning"
devices "that monitor
inhabitants' activity,
learn their schedules
and temperature
preferences, and heat
or cool" the building
accordingly for maximum efficiency.
This characteristic is extremely
beneficial for associations maintaining temperatures in common areas.
Accompanying apps provide board
members and property managers
access to adjust temperature settings
from afar.
As with other smart devices, the
issue is data privacy. These devices
monitor activity, collect data on
preferred settings, and accumulate
data from the phones using the apps.
That said, most of this type of data is

not particularly valuable for hackers.
These thermostats and products providing alerts for water
leaks and humidity
levels offer an inexpensive and relatively
safe means of sparing
associations costly
wasted utilities or significant damage from
moisture incidents.
Some might argue these products
now constitute proper maintenance.
INSTALLATION
One issue particular to associations is
how and when such smart devices can
be installed. Some states have statutory
requirements that any "improvement"
to the common area pass a vote of the
owners. In Massachusetts, M.G.L.
c. 183A, § 18(b) states that the costs of
improvements to common areas can be
only charged to all unit owners if at least
75 percent agree to make the improve-

NOTHING
SURPRISES US.

ment. In New Hampshire, RSA 356-B:
42(I)(b) provides the association with
the broad authority to "[m]ake or cause
to be made additional improvements
on and as a part of the common areas."
Boards should consult with the association's attorney regarding required legal
procedures for approving improvements.
An association's governing documents
may impose additional restrictions.
DATA PRIVACY
The biggest point of concern for just
about all IoT devices has to do with data
security. All IoT devices collect, process,
and communicate data. The law surrounding ownership and liability associated with that data remains unclear.
IoT allows for "the creation and sharing
of massive new reservoirs of data about
individuals' habits, behavior, and personal preferences."1 If an association installs
a smart lock that is operated through an
app on unit owners' phones, both the app
and the device will collect data about who

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CONDOMEDIA November 2020

7/29/19 2:02 PM

Condo Media - November 2020

Table of Contents for the Digital Edition of Condo Media - November 2020