Generally, it is perfectly legal to videotape or photograph any person and anything while on public property, except:
- You cannot take pictures of areas that are usually considered private such as bedrooms, bathrooms, changing rooms, locker rooms, hotel rooms and so on
- Certain public places have banned the use of cameras such as mass transit systems, courthouses, capital buildings, secured government buildings, jails or prisons unless you obtain written permission
- You cannot film or photograph if it interferes with police, fire, medical or emergency operations
There are also restrictions on videotaping and photographing on private property:
- If the private property is open to the public, such as retail stores, private stadiums or tourist areas, filming may be allowed unless there are signs posted that expressly forbid videotaping or photography
- If the private property belongs to someone other than a commercial business, you had better get the property owner's permission
The camera is in his dwelling recording a "common area". By this statement alone there is no expectation of privacy. For invasion of privacy to kick in the place must be truly "Private" such as inside a house. But your common area is not totally private place. It is accessible to the public view.
Unless you can show that he is recording someone else's dwelling, where there would be an expectation of privacy, then I don't believe you have a leg to stand on.
