Recording Annual Meeting

Started by JanetA3 • 8 replies • 243 views

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JanetA3 (South Carolina)
Posts: 19

Posted:

I live in SC, we are having our annual meeting in a week and I have had ongoing issues with both the PM and BoD regarding a few issues.

First: They tried to fine me with a non-existent and made up covenant. Long story short, we called them on it and threatened legal action. The Board President is non-compliant with 5 covenants, so their "selective enforcement" was definitely presented to them. They reluctantly, semi-sorta agreed that they would 'close' the violation but would be "watching us" in the future. smh.

Second: Board members are not keeping homeowner information confidential. I have heard things from many people regarding conversations that could have only come from a board member talking outside of the board meetings during Executive Session.

So, because what they are doing and did (in both cases) is totally illegal and immoral behavior for a board member of a non-profit corporation, I plan on bringing these two issues up at the annual meeting and I expect it to be very contentious.

I'm ready for whatever they say, so I'm not worried about that. However, because I fully expect the PM and the BoD to bring up confidential and private information (regarding me as a homeowner and the 'violation') I want to have proof of their breach of privacy in case I need it.

If I tell the homeowners (on the call) at the onset that I am going to record them, is that legal? Obviously, our HOA is filed with the State of SC and as a corporation, they are legally required to follow rules, which they have repeatedly broken.

If I am legally allowed to record the meeting, what if someone objects?

Thanks for the help in advance with these two questions/concerns.

MichaelH34 (North Carolina)
Posts: 179

Posted:

There are two considerations (at least) to keep in mind when recording a conversation.

1. Are you a party to that conversation? If you leave a recorder in a meeting room and record a meeting to which you are not an attendee, you are not a party in that conversation. That's illegal in all states unless you get explicit permission, give notice, etc. which requirements vary from state to state. Just assume without advice from counsel that it's illegal.

If you are attending that meeting, surreptitious recording *might* be legal depending on the laws of your state. In SC, you may legally record any conversation you are a party to, without giving notice.

2. Is everyone in the meeting physically in SC? This is especially important with concalls and zoom calls. If you have a single person on the call that's in what is called a "two-party" (actually means all-party) state, everyone must give consent either explicitly or implicitly by staying on the call after notice has been given.

https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/

JanetA3 (South Carolina)
Posts: 19

Posted:

Thank you Michael for your quick response and explanation. I will research it further by the link you provided. Appreciate the help.

SheliaH (Indiana)
Posts: 6,964

Posted:

First, read this article on recording HOA meetings in South Carolina -https://www.cedarmanagementgroup.com/recording-hoa-board-meetings/#:~:text=However%2C%20states%20like%20South%20Carolina,to%20record%20audio%20and%20video.

Keep in mind most of us aren't attorneys, if you want to walk down this road, I strongly suggest you talk to your own private attorney, because if you run across one or more of the cons mentioned in the article, there may be some blowback for you, especially if you keep the thing on if one or several people tell you they don't want to be recorded. This came up in a previous conversation on this website, so I'll ask the same question I asked at that time - what do you plan on doing with this recording after making it? You want people to be candid and the board transparent, and although that should happen regardless of who's watching, people do get intimidated at the sight of a recorder or camera.

Hearing things from "many people" about what should be private homeowner information doesn't necessarily mean it happened (people can and do gossip, and others may just lie because they have their own beef with the board). If you're upset at the board and property manager, the thing to do is to find neighbors who feel the same and then work together to vote those fols out during the annual meeting. Hope you have some candidates ready to step up and take over if you succeed - and one may have to be YOU. If you succeed, you can then address this issue with the property manager.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JanetA3 (South Carolina)
Posts: 19

Posted:

Thank you Sheila, I appreciate your response and input. I will check out the website and consider the points you raised.

KerryL1 (California)
Posts: 14,550

Posted:

Must the annual meeting agenda be posted in advance in SC? If so, what do you call your two agenda items, Janet? what names to you give them?

During what part of the annual meeting agenda will you be speaking about your two complaints? what kind of an outcome do you want?

If you have a couple of friends who will attend, you don't need to record the meeting, do you? What do you hope to gain from recoding the meeting?

My understanding is, by the way, that the prez not being cited for violations that are different than your is NOT an example of "selective enforcement." My understanding of the latter is when one owner is cited for a violation and some other owner violates in the same way but is NOT cited.

Will this be an entirely electronic meeting?

JanetA3 (South Carolina)
Posts: 19

Posted:

Thank you for your response Kerry.

KerryL1 (California)
Posts: 14,550

Posted:

You mean my questions, Janet??? Ummmm, you're welcome but you'd prefer tnot to answer them?

JanetA3 (South Carolina)
Posts: 19

Posted:

You responded and I thanked you. You asked me questions and I asked them of myself. Thank you for your response and your questions

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