TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Has anyone ever had to subpoena an association Zoom meeting recording? Thank you.
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Subpoena Zoom meeting recording
Started by TerriS6 • 13 replies • 513 views
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ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
The recording likely qualifies as a record. Why not go through the usual procedures for requesting a record in California (including as needed going to small claims court)?
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Interesting concept. We have no rules against recording meetings so why shouldn't they turn it over? Reality is they will get some atty statement to refuse but I can try.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It may not be admissible in court even if you get a copy. There are laws about that in some states on recodings.
Former HOA President
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Quote:
Posted By MelissaP1 on 06/03/2023 7:52 PM
It may not be admissible in court even if you get a copy. There are laws about that in some states on recodings.
It may not be admissible in court even if you get a copy. There are laws about that in some states on recodings.
Meeting recordings are considered public in case law but not if HOA has rules restricting recordings. We have no such rules.
MichaelS56 (Minnesota)
Posts: 858
Posts: 858
Posted:
Why do you need a copy of the zoom recording?
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
The recording verifies express waiver of any privilege claimed regarding the requested records.
ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
For California, strike what I posted above. I see the D-S site interprets recordings as not being on the list of records a California HOA must provide. See https://www.davis-stirling.com/HOME/V/Virtual-Zoom-Meetings, as further supported by this: https://www.davis-stirling.com/HOME/Statutes/Civil-Code-5200.
If you want to try a court order based in say discovery for a lawsuit (whence subpoenas might be useful), I would not be hopeful.
Do your own recordings until such time as the board creates a rule prohibiting recording of meetings.
If you want to try a court order based in say discovery for a lawsuit (whence subpoenas might be useful), I would not be hopeful.
Do your own recordings until such time as the board creates a rule prohibiting recording of meetings.
MichaelS56 (Minnesota)
Posts: 858
Posts: 858
Posted:
TerriS6, again I will ask as to why you would like a recording of the zoom meeting? Is it a lack of trust of the Board, is there a rumor going through the association that you would like to have verified, or was there a decision that the board made that you would like more information?
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
I'd be surprised if these recordings are considered "public". "Open to the membership" is a different matter. And if the recording is from executive session and contained confidential information, it would not be open to the membership without legal action.
Meeting recordings are also different from minutes since minutes contain much less information.
Having watched all of these threads, I have to wonder what the end game is here. And if there isn't one, perhaps there should be...?
Meeting recordings are also different from minutes since minutes contain much less information.
Having watched all of these threads, I have to wonder what the end game is here. And if there isn't one, perhaps there should be...?
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What Michael and Cathy said.
I believe I said the same thing in one of Terri's recent posts - clearly this board doesn't like her and they will continue to make things difficult until one side or the other stands down (and yes, that would also include the board actually reading and complying with the documents, if that's been the problem all along.)
The only way I think that happens if the homeowners say enough, so I'd focus on getting my story out to them. Make it clear the main reason you started all this is so everyone will understand how and why the board does what it does. You may not always agree, but if the board has done its due diligence, you will know they're being fair and consistent. The homeowners may not agree with your approach either, but they'll know where you stand.
That's the other part of this - the next time the board says the community doesn't have the money because of you and your lawsuits, ask your neighbors to ask THEM why they refuse to straighten up and fly right? You got you ass handed to you in FOUR lawsuits and it hasn't dawned on anyone that maybe it's time to take a look at how decisions are made and perhaps establish some policies that ensure you have a process that makes sense?
I believe I said the same thing in one of Terri's recent posts - clearly this board doesn't like her and they will continue to make things difficult until one side or the other stands down (and yes, that would also include the board actually reading and complying with the documents, if that's been the problem all along.)
The only way I think that happens if the homeowners say enough, so I'd focus on getting my story out to them. Make it clear the main reason you started all this is so everyone will understand how and why the board does what it does. You may not always agree, but if the board has done its due diligence, you will know they're being fair and consistent. The homeowners may not agree with your approach either, but they'll know where you stand.
That's the other part of this - the next time the board says the community doesn't have the money because of you and your lawsuits, ask your neighbors to ask THEM why they refuse to straighten up and fly right? You got you ass handed to you in FOUR lawsuits and it hasn't dawned on anyone that maybe it's time to take a look at how decisions are made and perhaps establish some policies that ensure you have a process that makes sense?
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
My question was: has anyone subpoened a recording? I take it you haven't.
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
Thank you, SheliaH.
TerriS6 (California)
Posts: 3,284
Posts: 3,284
Posted:
They are considered public in certain contexts. And the Davis-Stirling Act for HOAs is patterned after the Ralph M. Brown Act for government agencies and the Brown Act allows recordings and you can order recordings of past meetings. I read somewhere there isn't case law on HOA recordings. I haven't seen anything yet. And there is 2017 case law on legal invoices requested under the public records act. They were considered privileged while a case was pending but not afterward. And the privilege is expressly waived if the holder of privilege divulges to third parties the contents in detail as the board did at our recent meeting.
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