Video Recording Meeting in Florida

Can you video tape a HOA meeting as a home owner?

The statute you posted above permits recording at both board and membership meetings.

I have recorded meeting in the past and I have been met with attacks. Board members made snide comments and members who agreed with the board complained of my recordings. I always remain respectful and unobtrusive in my filming.

I would also think that it would allowed to post videos online (I have). The law allows recording of meetings and I believe there to be a presumption that the recordings would be shared. I also think that since permitting recordings has been codified, those who appear in the video cannot use privacy as a means to prevent the video from being disseminated. Parcel owners in attendance must abide by the law even if ignorant of of it. If they attend a meeting that is allowed to be recorded while thinking it is private, that does not change the nature of the meeting.

So now I'd like to ask both Kevin and LD2 their reasons for wanting to record board meetings?

there is a particular Board member who says/ does things in an unprofessional manner and the video would serve that purpose, perhaps to keep her in check and also to have it in reserves in case one of our snowbirds would like to see it upon their return.
what say you about this?

There is an issue with publishing videos on the internet or showing them in public in any other manner.

While it may not be a criminal act, there is always the possibility of a civil suit which can be brought by any individual who appears in the video for public use of their image/voice without their permission or without compensation. Legitimate news outlets whose sole purpose is providing news coverage are usually immune to such lawsuits. Certain documentary and historical use may also be exempt.

Professional and knowledgeable videographers protect themselves against such lawsuits by obtaining model releases from individuals who may appear in any video which may be displayed publicly. Theme park operators, such as Disney, often shoot video in their parks for promotion and advertising purposes. When they do, they usually post signs at the entrance notifying all who enter on that day that shooting is taking place and that by entering the park they are giving permission for their images to be displayed publicly.

I would suggest, to protect yourself, that if you intend to post the videos on the internet you notify those attending the meeting that their images may be displayed publicly.

Good reasons for recording meetings, KevinK7. Similar to my own experience.

When there is a dispute between the board and homeowners about meeting recording, it has consistently been the board that is opposed to recording, preferring only methods of reporting that the board can control, such as the minutes and newsletters. The board will claim that independent reports are biased. The funny thing is audio and video recordings are still considered evidence of what really happened, while a retelling in words is easily fabricated and difficult to get perfectly correct even when the person retelling the story has no intention of lying. That's why the secretary uses a recorder, whether electronic or a pen and paper. Providing a brief summary by way of meeting minutes inherently introduces bias about what was important and what was left out. The minutes can be used as a weapon by the board to make homeowners who raise uncomfortable issues look foolish. Audio and video recordings can be used to defend the innocent and discourage false accusations, lawsuits, and the rewriting of history.

I am out of town. The subject matter of the next board meeting is very important to me.
Has anyone had experience with sending a paid agent to go and do the video recording.
I - a home owner - "will be video recording it" via a paid service provider.

The HOA loathes me so its going to be met with resistance.
I am curious and hopeful there is some past support for this.

the HOA has no guidelines on video recording and they let me video record when I go to the meetings.
I have missed meeting in the past and find the minutes skewed and attacks on my personal situation discussed at the meeting and in the minutes. I wasnt there so I dont have a video of it (I didnt think about sending an agent to do it) that was last year.

This year I want to send an agent into video tape it for me in my absence.

Thanks in advance for any perspective or experiences you can shar

This is absolutely doable in Florida.

We have tenants attending for their out-of-town landlords.
They can and do vote via Proxy.

You will probably have to obtain help as I don't expect the BOD to be aware of the laws on top of the loathing you describe.

RW,

I'm of the understanding that the meeting is a Board meeting, not a membership meeting.

I agree that in membership meetings, a designated representative (proxy) can attend in place of the member and cast a vote in the name of the member.

RW,

I was simply going by the language in the statute I gave reference to.

Personally, I agree that a representative should be allowed to attend. I simply didn't get that interpretation from that statute. However, I will certainly go with your interpretation over my own as you are living with those statutes as part of daily life.

Tim

Wow - Thanks for all the great responses.
The law does not go into the boundaries of an "owner"
The text neither includes nor excludes the concepts of "agent/representative/proxy"

Judges do interpret the law and it can go either way. I believe the spirit of the law is to hold everyone accountable and to make the character of such meetings professional. In my situation the absence of myself to record it resulted in a far less than professional result. They reveled in about personal matters in my absence and put it in the minutes. So I feel good about sending a sub/agent to attend and record for me. as far as I am concerned if they eject him, its like they are putting nails in their own coffin.

Per Florida Law Chapter 720, I always understood that I can video record any meetings including board, committees and any other meetings open to members and where voting and minutes take place. I just started recording at board meetings and board did not oppose, however, I told them about my intent to record the Architectural Control Committee meeting. The committee meetings are subject to notice just like all meetings except emergency. They agree that I am correct in making sure all meetings issue the required notice. Chapter 720 does not directly address notice for committee meetings, however it is done as a regular practice in our HOA after my insistence and since Board Meeting in defined in Chapter 720 as including committee meetings.

Now the HOA attorney sent me a letter telling me that I can not record the Committee meeting since the law only sites Board Meetings. Here they choose to ignore same reference to the definition Board Meetings (as they do for Notices). They are selectively and with obstruction purposes applying same definition of Board Meeting just to enforce sending notices, but not to allow recordings. Attorney, representing HOA, denied my request for recording the committee meeting, but I never asked for any approvals since it is my right under Chapter 720!
I have challenged lawyers attorney accusing him of bad opinion and to issue a retraction, but the whole firm has abandoned their professional and ethical vision bending to the Board President that instigates this obstructionism wasting the HOA funds. The lawyer's opinion id not site any valid law nor included any case law basis.

I am planning to record the meeting, but they may cancel the meeting if I insist in recording it. I have asked them to produce an injunction for me not to record or if the President can show his face at the committee in front of the camera in order to tell me not to record and under what authority or law, but he does not seem to have the time to do so! He wants the committee chair to do his duty laundry. Any opinions? Any precedent cases?

Per Florida Law Chapter 720, I always understood that I can video record any meetings including board, committees and any other meetings open to members and where voting and minutes take place. I just started recording at board meetings and board did not oppose, however, I told them about my intent to record the Architectural Control Committee meeting. The committee meetings are subject to notice just like all meetings except emergency. They agree that I am correct in making sure all meetings issue the required notice. Chapter 720 does not directly address notice for committee meetings, however it is done as a regular practice in our HOA after my insistence and since Board Meeting in defined in Chapter 720 as including committee meetings.

Now, the HOA attorney sent me a letter telling me that I cannot record the Committee meeting since the law only sites Board Meetings. Here they choose to ignore same reference to the definition Board Meetings (as they do for Notices). They are selectively and with obstruction purposes applying same definition of Board Meeting just to enforce sending notices, but not to allow recordings. Attorney, representing HOA, denied my request for recording the committee meeting, but I never asked for any approvals since it is my right under Chapter 720! I have challenged attorney accusing him of bad opinion and to issue a retraction, but the whole firm has abandoned their professional and ethical vision bending to the Board President that instigates this obstructionism wasting the HOA funds. The lawyer's opinion did not cite any valid law nor included any case law basis.

I am planning to record the meeting, but they may cancel the meeting if I insist in recording it. I have asked them to produce an injunction for me not to record or if the President can show his face at the committee in front of the camera in order to tell me not to record and under what authority or law, but he does not seem to have the time to do so! He wants the committee chair to do his dirty laundry. Any opinions? Any precedent cases?

I would be dubious as well, but I disagree with FdoN's reading of the statutes. FS 720.306 says any owner may record meetings of the board or members. FS 720.303(2) says, "The provisions of this subsection shall also apply to the meetings of ... any body vested with the power to approve or disapprove architectural decisions". Note the "this subsection" language. I would argue that FS 720.306 (right to record) is in a different subsection than FS 720.303. Giving notice for committee meetings is covered by 720.303(2) which satisfies the "same subsection" criteria.

I don't know, FdoN. I'm sure you can find a lawyer who'll take your side in a legal fight. I wouldn't, but then again I'm not a lawyer and the only opinion that really counts will be a judge (or several judges if appeals are filed). I don't think you have a leg to stand on.

I'm saying where it says "the things in this subsection apply also to the architecture committee" doesn't mean things in completely different sections also apply. I think the right of owners to attend the architecure committee's meetings satisfies the requirement for "open and transparent". Are you transcribing the recordings for everyone's benefit or do you just want your own private stash of meeting recordings? Are the committee reports to the board and/or board meeting minutes deficient in any way? Are decisions being made that are misrepresented in the minutes?

Maybe it was an oversight on the part of Florida legislators. Wouldn't be the first time. I think Florida is making decent progress moving its HOA laws toward openness and transparency. Not fast enough for my liking, but I think Florida is light years ahead of many other states in this regard. If I had to describe in one word what I think Florida's HOA laws need more than anything else, I'd answer "enforcement", not "transparency".