Recording Meetings

Peggy,

Since Michigan doesn't have an HOA law (they do have a condominium law) you need to check your States corporate laws and wire tapping laws.

Reporters Committee for Freedom of the Press website [emphasis added}:

Michigan prohibits the recording, interception, use or disclosure of any conversation, whether in person, telephone or via any electronic or computer-based communication system, without the permission of all the parties. The state also prohibits the recording and disclosure of images intercepted in violation of its hidden camera laws. Violators can face both civil and criminal penalties.

The Michigan law that is the basis of that statement is Section 750.539 of the Michigan Penal Code.

However, per a Michigan Court of Appeals ruling in SULLIVAN v. GRAY, a participant in a conversation to record that conversation without the permission of other parties. Please not that this was not a unanimous decision by the court. Therefore, you should check with a local attorney prior to relying on this one decision for recording the meeting.

One Option is, at the start of the meeting, announce that you are recording the meeting for the purpose of minutes and ask if anyone has an objection. If they do, don't record. The problem you have is that you are not the person taking the actual minutes. If you were taking the minutes, you would be in a better position. Additionally, especially since you are a member of the Board, if you do record the meeting, the actual recording could be considered an official record of the Association.

I think you would be better off drafting a resolution about recording meetings and have the Board adopt it. The resolution should contain the placement of the device(s) in the room, who owns the recording and, if property of the Association, how long the recording is to be kept. You may even want to do a search on this forum for "recording meetings" to see what issues about the subject has been discussed in the past.

Hope this helps,

Tim

I agree with you John ... Also, I personally like states that allow because it eliminates any he said / she said issues.

I agree that the laws concerning wiretapping and private conversations do not apply.

To my understanding, at least in AZ, recordings are specifically ALLOWED although the board may place some restrictions (like not interfering with the meeting).

Kelly,

The laws might have been designed for one intent, however, they also apply to Peggy's HOA just as they apply to those in Broadcasting. I believe the case I cited supports that position (as this was the statute being ruled upon). Per Peggy's posting, she is not the Secretary. She desires to record the meeting for her benefit of verifying the minutes once they are produced.

MI does not have any applicable HOA law and therefore has no other statute that addresses her desire to record. Her HOA does not have a policy regarding taping meetings. Per the law I provided, if she obtains permission from everyone in the room, she may record the meeting. Per the case I cited, she may or may not actually need the permission from everyone because she is a participant in the conversation.

For the most part, I agree with your position that members of the Board should not have an objection. However, having worked in Broadcasting, I know what a little creative editing can do and I would only participate in recording if I had my own original to confront any creative editing. I would also advise any other Association to do the same thing (in broadcasting it's called an alibi file).