Open Meeting Act - Homeowner Recording Meeting

Since every smartphone has the ability to act as a voice recorder, I think it's pretty much impossible to keep people from recording surreptitiously if they really want to.

You could remind people of the policy, but that will only stop those that follow the rules.

You can't really stop them, as Douglas said, but keep an eye out for any fallout. For example, if this homeowner distributes information about the meeting that's half truth or a damned lie, you'll need to talk to him to see if he has or had concerns about a specific issue (or several) that prompted him to start recording. He may not tell you that either, but you can try - it might be something relatively simple that's easily fixed.

In the meantime, it may be a good idea to remind people of the policy, stressing that if they have any questions about something in the minutes, they can contact any board member. You might also throw in a statement about the motion made years ago and more importantly, why it was done. If people come up with additional questions or concerns, you can consult with the association attorney to see if you need to tweak the policy.

Linda,

Why is this so important? What does it matter if a member records a meeting?

I am unaware of any states that prohibit members recording their meetings. Even CA does not forbid it. In those states where the statutes do address recording, the statutes nearly always authorize it. You are trying to buck a nationwide trend.

Davis-Stirling argues that your board can prohibit recording but offers neither statutory nor common law authority to do so. Instead, they offer only an untested argument that the board may adopt more restrictive rules than the state allows.

Unless your board is plotting some illegal activity, I find no problem with members recording a meeting.

My biggest concern about recording meetings is that they may create a “chilling effect” on everyone there from speaking their mind. The recorder may also slice and dice the recording to misconstrue the comments and then publish it. And that’s just audio – what happens if someone lets loose with a video camera (those are also on cell phones)? And what about other homeowners at that meeting? Is this one going to ask everyone if it’s ok for him to record whatever that person says? Will he/she do it anyway if the person says no (cell phones can be hidden so how would anyone know what’s going on?)

Yes, I know the opposite is also true - if people know they're being recorded, maybe they'd be less likely to scream, holler and cuss, as well as other boorish behavior, like threatening or hauling off and punching someone....

I agree that a board should be open and transparent at all times – if you do what you’re supposed to do, it shouldn’t matter if anything's recorded. If this guy has threatened litigation, let him dig and keep digging for any dirt - if there isn't any, he'll have to find something else to do. Just make sure sure homeowners know what’s being done and why – you can’t satisfy everyone, but if you’re up front, the guy won’t have anything to use.

Having said that, I agree with JM16 that board members shouldn’t record the meetings. I realize it may make sense from a practical matter to ensure you get everything, but equipment can break, batteries can die (if you use them) and you still have to wade through an hour or more of conversation before you get to the heart of what you need. And then there’s the issue of if/when you should make the recording available to the homeowners and all that.

For you Linda, I would suggest you find another way to take the notes without depending on recording. There are a bunch of suggestions around the web, such as using templates to list agenda items and putting your notes in the appropriate spots, or writing the minutes as soon as possible (within 48 hours is what I saw on one website).

The recording, if done with board approval, would become a record of the association. Isn't there a requirement in California to keep records for a certain amount of time? Assuming that the recording is a record of the association and further assuming that there is a statutory requirement to preserve such a record, what authority would you or the board have to destroy it?

I echo some of the others who question why you are so fearful of being recorded. I served on public sector board and all our meetings were recorded, and we found it very helpful when questions arose as to how something was handled.

However, that doesn't apply to HOA meetings.

See:
https://www.davis-stirling.com/tabid/663/Default.aspx

If you are already recording the meetings, you might try to defuse the situation by publicly offering anyone the opportunity to listen to past meetings. On our board we provided copies of recordings as well, but charged for it.

I would like some insight on this. Early this year we had a vacancy on our BOD. A new owner was appointed and an association member took a picture
of the newly seated BOD to post in the social media application Nextdoor, because pictures are never posted in the MC distributed newsletter/ community
announcement.. The of the BOD upon learning the complete BOD picture was published on the social media app Nextdoor, the MC sent a warning letter
to the person that took and published the picture .
IMHO I think this was wrong and illegal.

Your Thoughts???????

If the Board was aware the picture was taken, then I don't see an issue.
If the Board wasn't aware the picture was taken, then there should have been some common courtesy by the photographer and they should have asked for a group shot.