Board meeting recordings

In Virginia, members are allowed to audio record the board meetings. My question: If a dozen or so members get together and purchase a digital audio recorder, could they then just send one of the members to the meeting to record the meeting and then return with the recording to share with the other members (not just the members that purchased the recorder)?

We have members that want to know what is going on in board meetings, but cannot attend for a plethora of reasons, but they want to know what transpires in them over and above what is carefully scripted in the minutes.

My feeling is yes but curious what the seasoned posters here think. I really don't see any reason why all members of an association couldn't listen to the audio recordings as long as they are not posting them online somewhere or sharing them with anyone who is not a member of the association.

For what its worth, our board actually records the meetings too. I would think those recordings should be part of the association records as well.

Thanks for your responses.

CfD,

If the law allows a member to record a board meeting and the law makes no further restrictions, the recording is the property of the person who made it and he may do with it as he wishes. That includes making copies for other owners and/or posting it online.

Why are you concerned that "they are not posting them online somewhere or sharing them with anyone who is not a member of the association?" Aside from whether anyone who is not a member would be interested, why do you think posting or sharing with non-members would be an illicit activity? Unless someone at the meeting makes a total ass of themselves, thus creating an entertainment value, why would anyone else want to listen?

Larry,

I'm not concerned, but I think a fair board argument could be made that HOA business should be kept among members of the association only and not posted to the internet where anyone with a computer may have access to the recordings. I could care less either way though.

One suggestion has been to post the recordings to a drop box account and allow members access to them there if a member can verify his or her membership. Of course, if that member then shares the recordings oh well.

The minutes and / or notes of our board meetings contain much information. At times the board has used the minutes or notes of a board meeting as an opportunity to paint whatever story they want the members to perceive, regardless of what actually transpires in the meeting or what facts are presented, and sometimes when the facts show the board is openly lying. With only a couple of homeowners attending the meetings the board has gone out of their way at times to try to discredit those members when they raise questions about the validity of the minutes, or even the board's actions. I think their view is nobody else really knows...or cares.

It is all about appearance with our board. I don't think they should be perfect. I know they are volunteers, are human, and should be allowed to make mistakes from time to time. What I don't understand is when board members feel the need to flat out lie to cover their own ass. It makes no sense.

John,
I wish we had you on our board

First concern is that even if sharing recordings with the whole world is legal, the process could become unpopular within the HOA if the members are publicized for entertainment value. The law won't be of immediate assistance against people who take or break the recorder or otherwise disrupt the recording process. More long term, dissatisfaction by the board could be relayed to their law firm and management company who would have connections to get the law changed so that the board could prohibit recording. So use wisely the right to record.

I am in a rather large monetary dispute with my HOA. I know they record thier meetings however one BOD member stated to me in private that if I wanted these recordings I'd have to request them through the HOA attorney.
I feel the BOD is serving the HOA and recordings should be available but I am getting stone walled. This is how my HOA BOD operates. Any ideas I can use to get these recordings?
Thanks

Howard, based solely on what you have stated, I would be inclined to agree that you are being stonewalled. That inclination could change as more of the issue is known.

I have the following suggestions:

1) In accordance with your governing documents and any applicable State laws, send a certified letter to the registered agent (typically this will be the attorney but not always). The registered agent can normally be identified through the State's Corporation Commission (if your Association is incorporated). In that letter be very polite and cite or refer to each section of the governing documents or State laws that support your request. Then see what happens. Be aware, that the Association can typically charge you for making a copy or for expenses incurred in making these records available. If the Board chooses to have the Association attorney be the go between, then those expenses could be costly.

2) Seek the advice of an attorney and, if warranted to your issue, bring legal action and obtain the tapes through the discovery process. Again, this could be costly.

3) If supported by your State laws, attend the meetings and record them yourself (yep, it doesn't help get the previous tapes but it eliminates the need to ask for tapes in the future).

4) Gather support and get elected to the Board. Once on the Board, you should have access to the records and take the time to listen to the tapes.

To be honest, yes. Providing that they are doing the work of the Association when requesting the records. If they are on a personal agenda, then they should be paying like everyone else.

Keep in mind that my fourth suggestion really isn't ethical. However, I think that we all know that what is legal is not always ethical. As a member of the Board, you have a right to access Association files. Hopefully the Officers will ask why you want the access and not just give access to you.

For example: A Director should not be able to access your assessment ledger without a valid reason. Typically, such a valid reason would be that the Association was considering escalating collection efforts. However, to be realistic, if that individual Director was made the Treasurer, they would be able to access your assessment ledger at any time, as it's part of the Treasurers duty and responsibility. So, if the individual was elected to the Board, volunteered to be Secretary (who has custody of most Association files), there would be nobody to ask why they were looking through the records.

I'm not saying it's the right thing to do. I'm saying it's a realistic option.