AnnieS4 (Florida)
Posts: 29
Posts: 29
Posted:
Can BOD meeting be recorded or videotaped?
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Recording
Started by AnnieS4 ⢠9 replies ⢠1513 views
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BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
Sure!
BrianB (California)
Posts: 2,820
Posts: 2,820
Posted:
I should also add, Sure! in fact, most by-laws (and some state laws) require some form of recording at every meeting.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
While Calif. has no requirement that meetings be recorded, and our own Bylaws have no such requirement, Annie, check your own bylaws and relevant state statutes to see what is permitted in Florida.
You also may want to search this forum because this topic has been raised a number of times.
You also may want to search this forum because this topic has been raised a number of times.
JayP3 (Florida)
Posts: 154
Posts: 154
Posted:
Yes. Florida law expressly gives rights to record or v-tape board meetings. The board may pass reasonable rules but cannot ban it.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Annie,
FL 720.306 item 10 specifies:
"(10)âRECORDING.âAny parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership."
FL 718.112 (condominiums) Number 2(c) specifies:
"(c)âBoard of administration meetings.âMeetings of the board of administration at which a quorum of the members is present are open to all unit owners. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements."
I did not see any provision to allow members to tape in the Florida Mobile Home Act.
Therefore, it will depend on two things:
1) what type of development do you live in
2) What restrictions did the Board of Directors adopt regarding recording.
Number 2 is very important as the Board might require advance notice of intent to record, notification of everyone in the room, etc. You need to read your governing documents to be sure.
Now what you may do with that recording is a different issue. If you plan to post it on youtube or give copies to anyone not at the meeting may be in violation of FL 934 as an argument can be made that a meeting of the board, although open to members, is still a private meeting and not a public one. the Can We Tape website gives a good summary of FL 934. However, it does not address Associations specifically.
Hope this helps,
Tim
FL 720.306 item 10 specifies:
"(10)âRECORDING.âAny parcel owner may tape record or videotape meetings of the board of directors and meetings of the members. The board of directors of the association may adopt reasonable rules governing the taping of meetings of the board and the membership."
FL 718.112 (condominiums) Number 2(c) specifies:
"(c)âBoard of administration meetings.âMeetings of the board of administration at which a quorum of the members is present are open to all unit owners. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements."
I did not see any provision to allow members to tape in the Florida Mobile Home Act.
Therefore, it will depend on two things:
1) what type of development do you live in
2) What restrictions did the Board of Directors adopt regarding recording.
Number 2 is very important as the Board might require advance notice of intent to record, notification of everyone in the room, etc. You need to read your governing documents to be sure.
Now what you may do with that recording is a different issue. If you plan to post it on youtube or give copies to anyone not at the meeting may be in violation of FL 934 as an argument can be made that a meeting of the board, although open to members, is still a private meeting and not a public one. the Can We Tape website gives a good summary of FL 934. However, it does not address Associations specifically.
Hope this helps,
Tim
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Not only did Tim answer your question about recording, he also answered your question in your thread "Emergency Board Meetings." See (c) in his reply here.
AnnieS4 (Florida)
Posts: 29
Posts: 29
Posted:
We are not a condo, we are a community. I have read the bylaws and whatnot, however it only states how we can communicate with HO'ers to let them kno abt mtg. And one it states we can do a satelite video for members who cant come. Does not state we can't. I dont believe this will be on utube, I believe it is for the purposes of those who could not attend.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Annie,
Recording the meeting for members who can not attend should be something that the Board does and not a member (unless the member is doing it at the request of the Board). If the Board did want to record the meeting for members not in attendance, than I believe that the first statement from the Presidents after we open this meeting is the fact that it is being recorded and how that recording will be made available to all members.
Tim
Recording the meeting for members who can not attend should be something that the Board does and not a member (unless the member is doing it at the request of the Board). If the Board did want to record the meeting for members not in attendance, than I believe that the first statement from the Presidents after we open this meeting is the fact that it is being recorded and how that recording will be made available to all members.
Tim
JayP3 (Florida)
Posts: 154
Posts: 154
Posted:
The law in Florida provides that members may record meetings. What do they have to hide?
If the BoD has no current policy on meeting recording (shame on them) you have a free pass the first time as they are privy to the same statutes you are BUT would then be subject to future "reasonable rules' after adoptation.
I agree retransmission is another issue entirely but as long as you do not distribute or provide copies to NON-MEMBERS you are fine.
If the BoD has no current policy on meeting recording (shame on them) you have a free pass the first time as they are privy to the same statutes you are BUT would then be subject to future "reasonable rules' after adoptation.
I agree retransmission is another issue entirely but as long as you do not distribute or provide copies to NON-MEMBERS you are fine.
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