Taking notes during meeting

Started by KellyD5 • 21 replies • 847 views

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KellyD5 (Florida)
Posts: 25

Posted:

I was recently at a monthly BOD meeting and I took personal notes of what transpired during the meeting. I then typed them up and I posted them on Nextdoor for those residents unable to attend. Our official meeting minutes are never posted for months on end. Residents always want to know what happened and our management company has not been very transparent at all. People just want to know what is happening. So like I stated, I posted them on Nextdoor and just this week, I got a call from the management company stating I recorded the meeting without authorization and that members of the board we seeking legal action. I was asked to remove the post on Nextdoor and all would be well. First of all, I told her I did not record the meeting, I took hand written notes. She accused me of lying because they were too verbatim that there was no way I could do that. She threatened to pull the video from the cameras in the meeting room as evidence. I of course said go ahead and pull it if they want, they will only see me scribbling on paper the whole time, other than when I stood up to discuss the replacement windows and when I stepped out to get some air. I was quite disturbed by this accusation, that when I got home from work, I looked at the Florida statutes where it states in 61B-23.002 that unit owners can audio or video record the meetings. So I think the management company bullied me or threatened me without merit. But basically, I am asking is it ok to post my version of the meeting minutes on Nextdoor for the community to see. Is that my right of Freedom of Speech? or is that wrong?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

It depends ...😀

As a current Secretary, past Secretary, President, etc, I would prefer for the community to attend or to read the legal minutes. However, not sure that someone taking notes would bother me much.

If, however, owners started burning my time with calls and emails prior to the release of the legal minutes, I would probably be somewhat upset.

Obviously, what is at issue here is that the MC doesn’t publish the minutes soon enough - right? You do know the Board has to approve them first, right? So, if the BoD meeting occurred, with the next BoD meeting 30 days later, it would seem the best possible release would be at least 30 days after the original meeting - if the BoD meets every two months, it would be 60 days, etc.

AdamD1 (Indiana)
Posts: 179

Posted:

Quote:

Posted By KellyD5 on 09/14/2018 4:37 PM
I was recently at a monthly BOD meeting and I took personal notes of what transpired during the meeting. I then typed them up and I posted them on Nextdoor for those residents unable to attend. Our official meeting minutes are never posted for months on end. Residents always want to know what happened and our management company has not been very transparent at all. People just want to know what is happening. So like I stated, I posted them on Nextdoor and just this week, I got a call from the management company stating I recorded the meeting without authorization and that members of the board we seeking legal action. I was asked to remove the post on Nextdoor and all would be well. First of all, I told her I did not record the meeting, I took hand written notes. She accused me of lying because they were too verbatim that there was no way I could do that. She threatened to pull the video from the cameras in the meeting room as evidence. I of course said go ahead and pull it if they want, they will only see me scribbling on paper the whole time, other than when I stood up to discuss the replacement windows and when I stepped out to get some air. I was quite disturbed by this accusation, that when I got home from work, I looked at the Florida statutes where it states in 61B-23.002 that unit owners can audio or video record the meetings. So I think the management company bullied me or threatened me without merit. But basically, I am asking is it ok to post my version of the meeting minutes on Nextdoor for the community to see. Is that my right of Freedom of Speech? or is that wrong?

I say keep doing what you're doing. If they don't like it, they can release the official minutes sooner. If not, too bad, so sad!!!

I wish I had ONE homeowner in our HOA (over 400 single family homes) as interested as you are in our affairs. Good on you and DON'T BACK DOWN!

KellyD5 (Florida)
Posts: 25

Posted:

Thank you. We have just 591 units here. A lot of people cant make the minutes. I am not posting the minutes as official in any way, shape, or form. These are my minutes, my version of what transpired during the meeting. People should know, just my thought. I think the MC is becoming very exposed and they don't like it.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By GeorgeS21 on 09/14/2018 4:59 PM
It depends ...😀

The First Amendment depends on what?

I'm with Adam on this. It doesn't sound like you broke any laws, libeled or slandered anyone, or broke any covenant. As you referenced in the Florida statute you would also be within your rights to record the meeting if you wanted. Sharing the audio with other owners should not be a problem either, I'm less sure about posting audio to a public forum like Nextdoor. Posting your notes should be fine though.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

Nextdoor is always a bad idea. People who want to know what happens that badly should attend the meetings.

Having said that, I think your freedom of speech to share what you've got with others should not be questioned UNLESS you've presented them as "official minutes" or claimed to speak for the board or the association in some official capacity.

Both HOAs homeowners and condo unit owners have the right to record - audio and/or video - any meeting, board or membership, in FL. The board may enact reasonable rules so the act of recording doesn't affect the meeting itself (noise, placement, intrusiveness of the microphones or camera, etc.) but unless the board can produce something as evidence that they had rules already in place when you recorded the meeting and you violated those rules, I think they have no standing to take legal action against you. For violation of what, exactly? Certainly not the Florida Condo and HOA statutes.

GenoS (Florida)
Posts: 4,276

Posted:

Just to add... FS 720.306(10)

"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."

That's a far cry from requiring you to ask for permission in advance. If they've never adopted reasonable rules about it, they can't invent them after the fact to use against you.

GenoS (Florida)
Posts: 4,276

Posted:

And finally .... I see now you took notes and didn't record anything. My bad. Forget 720.306(10), I can't think of anything you did that was wrong. Call their bluff. Send a certified letter requesting access to the official minutes of the association's board meetings for the last 12 months. If they don't produce them within 10 business days you're entitled to $50 a day in damages after that, up to a maximum of $500. You'd probably have to file in court to collect that and Small Claims court might be an option, but even if you don't go to court it should be enough to make them squirm.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Kelly,

Your notes are a summary of the meeting - they are not the minutes. Minutes are the formal document produced to reflect the basic outcome of the BoD meeting.

Douglas - my depends relates to whether or not Kelly’s summary of the meeting created additional work for the board - and further connected to the reasonable timelines related to meeting, minutes development, minutes approval, etc.

Kelly - I’m not sure you answered my question regarding how long between BoD meetings. Again, as an example, some boards meet quarterly which means could be 3 months before mnutes are approved ...how often does your board meet?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Make sure you post a disclaimer that these are not the official minutes of the meeting and only the what you, who attended the meeting, observed.

Regarding the ability to record, the Board can (and may have) adopt a policy that advance notice of recording has to be done. Based on your MCs comments, I suspect that such a policy is in place. I suspect that they will claim you used your cell phone.

TimB4 (Tennessee)
Posts: 21,062

Posted:

For others, Kelly is referring to the FL Administrative Code.

See: https://www.flrules.org/gateway/RuleNo.asp?ID=61B-23.002

KellyD5 (Florida)
Posts: 25

Posted:

The board meets monthly unless no quorum then they usually reschedule. The last meeting minutes are approved at the current meeting. The problem is they don’t put on the website for several months or when they get around to it and they are so vague and edited.

KellyD5 (Florida)
Posts: 25

Posted:

They did not out right but some type of recording device. My phone is packed with apps it barely holds photos let alone 2 hours of meeting. But if they pull the tapes they will see me writing the whole time other than now or then checking messages.

KellyD5 (Florida)
Posts: 25

Posted:

And I did State when I posted “summary of tonight’s meeting minutes “. I never said official. It was obviously a scare tactic and I pulled the minutes down. But I won’t let them intimidate me again. I will post this months as well with specific wording clarifying these are not the official meeting minutes. I don’t need to record via audio because I know shorthand, can write fast and have a slight photographic memory.

PaaN
Posts: 219

Posted:

I suggest you state:

unofficial/personal summary of tonight’s meeting minutes

case closed

pun intended

PaaN
Posts: 219

Posted:

because the MINUTES are the SUMMARY of the meeting

KellyD5 (Florida)
Posts: 25

Posted:

Thanks will do.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Kelly,

I think it's fine to take notes of board meetings as long as they're factually accurate and you're sure you understand the issues and points of the board members who are debating an agenda items. It doesn't appear you're passing these off as "official" board minutes.

My opinion is that notes should track only tangible board action. For Example: "Board discussed removing the falling tree and voted 5-0 to hire Smith Tree Company to remove the tree and haul it off."

Leave the camera at home, however. To video record without the board being given advance notice - from an HOA perspective - is hostile, whether you're being aggressive or not. What if the HOA followed you on HOA property with a camera person?

Remember, you're all neighbors.

KerryL1 (California)
Posts: 14,550

Posted:

Usually agree with PaaN, but he recs "unofficial/personal summary of tonight’s meeting minutes." "Minutes" should be left imo off because you're not taking minutes at all.

Do you let readers know the official minutes are available after the next minute if they request them??

Does your summary contain critical or negative opinions about any decisions or persons? You do have the right to publish them, short of defamation of character, but this certainly would bother the board.

KellyD5 (Florida)
Posts: 25

Posted:

They already do to follow you where you live to later fine you or your guest if they do something wrong. But I never have nor ever will audiotape or videotape the meetings. Thank you everyone for your answers and guidance.

PaaN
Posts: 219

Posted:

Quote:

Posted By KerryL1 on 09/15/2018 9:41 AM
Usually agree with PaaN, but he recs "unofficial/personal summary of tonight’s meeting minutes." "Minutes" should be left imo off because you're not taking minutes at all.

Do you let readers know the official minutes are available after the next minute [{sic} meeting] if they request them??

Does your summary contain critical or negative opinions about any decisions or persons? You do have the right to publish them, short of defamation of character, but this certainly would bother the board.

AGREE

I was too hasty in merely adding 'unofficial/personal'.

I now recommend:

unofficial/personal summary of tonight’s meeting w/o the use of the word 'minutes'

thanx, kerry

KellyD5 (Florida)
Posts: 25

Posted:

That’s even better. Thank you.

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