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LD2 (Florida)
Posts: 11
Posted:
1 - In florida can a home owner video record a monthly HOA meeting?
2 - Do I have to notify the board prior, if so how much time in advance?
3 - Does the board have to approve the video recording
4 - Reason, to keep them honest, for instance something was on prior agenda, voted not to discuss, dismissed and told secretary she must delete from minutes
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well I believe you have to inform people that you are recording. It's something to do with wire tapping laws. Plus if this is for possible future "Court use" then you may be SOL... The court may not allow such things as evidence. A step you need to address with a lawyer before you go into the video recording business... It will be all for your ego and for naught...

Former HOA President
AllisonD (Florida)
Posts: 449
Posted:
Yes you can video tape. No approval is necessary.
KevinK7 (Florida)
Posts: 1,343
Posted:
1. Florida law says it is AOK.
2. No.
3. No.

I have done this very thing at my meetings (the board loved to publish one thing in their newsletters and tell people over the phone something completely different in the meetings. Now expect some pushback. I had many homeowners question my tape recording, some demand that I stop, and others immediately label me as a troublemaker and try to instigate with me for simply recording.

The law specifically states it is 100% legal and I think it is very important to record these meetings. A lot of homeowners don't attend the meetings and have no clue what goes on. After I record I edit the videos and place comments made by the HOA in the meeting against comments made in newsletters, court documents, websites, etc.

For instance in a newsletter they defended holding secret meetings and keeping homeowners out was because they claimed the county started charging for their meeting room. In a later meeting they claimed it was because of disruptions that got them kicked out. Or in meetings they touted the "common properties" but in court documents they admitted to owning no common properties, yet the "common properties" were some of the reasons they used to justify their actions.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By KevinK7 on 07/23/2013 12:20 AM
1. Florida law says it is AOK.
2. No.
3. No.

I have done this very thing at my meetings (the board loved to publish one thing in their newsletters and tell people over the phone something completely different in the meetings. Now expect some pushback. I had many homeowners question my tape recording, some demand that I stop, and others immediately label me as a troublemaker and try to instigate with me for simply recording.

The law specifically states it is 100% legal and I think it is very important to record these meetings. A lot of homeowners don't attend the meetings and have no clue what goes on. After I record I edit the videos and place comments made by the HOA in the meeting against comments made in newsletters, court documents, websites, etc.

For instance in a newsletter they defended holding secret meetings and keeping homeowners out was because they claimed the county started charging for their meeting room. In a later meeting they claimed it was because of disruptions that got them kicked out. Or in meetings they touted the "common properties" but in court documents they admitted to owning no common properties, yet the "common properties" were some of the reasons they used to justify their actions.

If this board is doing all of this, why on earth haven't the homeowners voted them out by now - especially if they say one thing, think another and do something else? Then again, if most of your homeowners aren't attending the meetings for whatever reason, one shouldn't be surprised that some board members take advantage of not being watched.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PaulS19 (Florida)
Posts: 1
Posted:
I tried doing this once. I got there early and set up my tripod and camera but when the board members came into the room they were aghast and questioned my motives. I explained that I am 20% hard of hearing and would only use this for personal use to review the meeting. Of course someone suggested that they have 'legal' look into it before allowing me to do this. The board spent several hundred dollars for the attorney to draft a document which stated something to the effect that a person would have to give a couple of weeks notice to the board beforehand. Seeing as these board members didn't have a clue as to which way the wind blew and let the property management company steer the ship and their pointed little heads, I let it be. But, later on I purchased a digital audio recorder which I began to use at every meeting. The first night I set it up and turned it on and announced that I would be recording the meeting, nobody said I couldn't. So, that's what I do now. Seems people have a problem with being video taped. Their egos big enough to allow that to happen but you would think so with they way they act sometimes, right? Anyway, here's the statute with the part that pertains to this subject. I liked the way they put it into a booklet form in a pdf file too. You might just get one of those digital audio recorders and march in the next meeting and set it up on a ledge somewhere and turn it on and see what happens. Just keep it off any desktops and away from people if possible. Desktops will give you a lot of noise and people will act like little kids with it and make dumb sounds on it to try and be cute.

http://www.myfloridalicense.com/dbpr/lsc/documents/CHAPTER720Booklet.pdf

720.306 Meetings of members; voting and election procedures; amendments.β€”
(10) RECORDING.β€”Any 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.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By SheliaH on 07/23/2013 7:56 AM
Posted By KevinK7 on 07/23/2013 12:20 AM
1. Florida law says it is AOK.
2. No.
3. No.

I have done this very thing at my meetings (the board loved to publish one thing in their newsletters and tell people over the phone something completely different in the meetings. Now expect some pushback. I had many homeowners question my tape recording, some demand that I stop, and others immediately label me as a troublemaker and try to instigate with me for simply recording.

The law specifically states it is 100% legal and I think it is very important to record these meetings. A lot of homeowners don't attend the meetings and have no clue what goes on. After I record I edit the videos and place comments made by the HOA in the meeting against comments made in newsletters, court documents, websites, etc.

For instance in a newsletter they defended holding secret meetings and keeping homeowners out was because they claimed the county started charging for their meeting room. In a later meeting they claimed it was because of disruptions that got them kicked out. Or in meetings they touted the "common properties" but in court documents they admitted to owning no common properties, yet the "common properties" were some of the reasons they used to justify their actions.


If this board is doing all of this, why on earth haven't the homeowners voted them out by now - especially if they say one thing, think another and do something else? Then again, if most of your homeowners aren't attending the meetings for whatever reason, one shouldn't be surprised that some board members take advantage of not being watched.

There are a couple reasons the board was getting away with this. They denied voting rights or access to their meetings to non-member homeowners they forced to pay maintenance assessments and refused to give voting rights to new members if they joined the HOA a few weeks before a meeting (which would essentially prevent some people from joining last minute and taking over). Did I forget to mention that membership was for eternity? One you join you would never be allowed to leave.

Not only that, the HOA also came with proxies that they had collected but nobody has ever seen, and for a long time they held their meetings in a private location (office of a real estate agent, a neighboring gated community, hotel conference room) and only told a few homeowners where it was being held. When crap started to hit the fan a lot of homeowners attended a meeting and were upset. It was partly their fault - they did not fully understand documents they signed - but that gave the HOA reasoning to hold secret meetings.

That all is in the past. One homeowner successfully sued them and after years of tirelessly informing the neighborhood and fighting the HOA has shut its doors and the neighborhood has returned to the peaceful place it once was.
KevinK7 (Florida)
Posts: 1,343
Posted:
Quote:
Posted By PaulS19 on 07/24/2013 3:20 AM
I tried doing this once. I got there early and set up my tripod and camera but when the board members came into the room they were aghast and questioned my motives. I explained that I am 20% hard of hearing and would only use this for personal use to review the meeting. Of course someone suggested that they have 'legal' look into it before allowing me to do this. The board spent several hundred dollars for the attorney to draft a document which stated something to the effect that a person would have to give a couple of weeks notice to the board beforehand. Seeing as these board members didn't have a clue as to which way the wind blew and let the property management company steer the ship and their pointed little heads, I let it be. But, later on I purchased a digital audio recorder which I began to use at every meeting. The first night I set it up and turned it on and announced that I would be recording the meeting, nobody said I couldn't. So, that's what I do now. Seems people have a problem with being video taped. Their egos big enough to allow that to happen but you would think so with they way they act sometimes, right? Anyway, here's the statute with the part that pertains to this subject. I liked the way they put it into a booklet form in a pdf file too. You might just get one of those digital audio recorders and march in the next meeting and set it up on a ledge somewhere and turn it on and see what happens. Just keep it off any desktops and away from people if possible. Desktops will give you a lot of noise and people will act like little kids with it and make dumb sounds on it to try and be cute.

http://www.myfloridalicense.com/dbpr/lsc/documents/CHAPTER720Booklet.pdf

720.306 Meetings of members; voting and election procedures; amendments.β€”
(10) RECORDING.β€”Any 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.

I have a small handheld HD video recorder that I use for video but for audio I have an handheld Tascam PR-10 digital recorder. I then go home and sync up the audio to the video. The first meeting I ever went to I brought a microtape recorder to record the meeting. I did that primarly for two reasons. One, so I can listen to it again and make sure I did not miss anything, and two, for my brother who lived out of state. What occurred at that meeting really surprised me. The BoD refused to allow homeowners speak - in particular one homeowner who questioned their actions and who happened to be an attorney. The president seemed to act irrationally and told the homeowner they were not allowed to talk because he chose not to acknowledge them. The president also mentioned in that meeting that he was friends with the code enforcement agent and that they know to leave neighborhood-endorsed signs alone. They also wanted to ban multiple non-residents from inhabiting a home because it was a single family dwelling (completely misunderstanding zoning).

I had been familiar with some laws prior and found all this wrong. After that moment I recorded everything, especially because when I would tell other people what went down they did not believe it. A lot of times I was told that I must have misunderstood. I am grateful for recording because I have gotten some real gems out of it, like the time the president stated that they gave a list of members to the police officer who patrols the neighborhood and instructed him to only help members.

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