Meeting Recordings

Started by CfD • 5 replies • 1327 views

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CfD (Virginia)
Posts: 265

Posted:

In Virginia members of an HOA are permitted to make video recordings of meetings by state code.

https://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0286+pdf

The question: Can an association's governing documents prevent a homeowner from making a video recording of a meeting?

LarryB13 (Arizona)
Posts: 4,099

Posted:

The statutes grant rights to the homeowner, one of which is to make a video recording of a meeting. In my quick scan I read nothing that defers to an association's governing documents, meaning these rights are absolute. Any provision of your governing documents that conflicts with this right is unenforceable.

The legislation you linked to is about one year old. How old are your governing documents?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Cf,

The web address you provided was to a bill. It was not to the actual statute. One must always look at the actual statute. Otherwise, you may be looking at an earlier version of the bill and not what was actually passed into law.

Per the actual statute, VA § 55-510.1 (linked to earlier), the actual language says that you may record. It does not define record. Hence, a Board could interpret this to mean just audio, just video or both.

Another case of ambiguous language within statues.

Therefore, in my opinion, a Board may adopt a policy preventing video recording providing they allow audio recordings.

CfD (Virginia)
Posts: 265

Posted:

http://law.lis.virginia.gov/vacode/title55/chapter26/section55-509.3:2/

Is this not the statue Tim?

CfD (Virginia)
Posts: 265

Posted:

I believe this determination from the ombudsman is also very relevant Tim.

http://www.dpor.virginia.gov/uploadedFiles/MainSite/Content/HomeownersAssociation/Determinations/2015-01061.pdf

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CfD on 04/14/2016 4:16 AM
I believe this determination from the ombudsman is also very relevant Tim.

http://www.dpor.virginia.gov/uploadedFiles/MainSite/Content/HomeownersAssociation/Determinations/2015-01061.pdf

I stand corrected.

I was looking at 55-510.1

Based on § 55-509.3:2, I also change my response and no, any resolution to prohibit video recording is unenforceable as it's trumped by statute.

However, if your Board does not think this, you will have to take the issue through the courts or the ombudsmans office. The Ombudsmans office will be far less expensive and you should do that first. Then, if the Board still refuses, it should be a slam dunk in court.

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