Quote:
Posted By TerriS6 on 06/30/2023 7:44 AM
If it happened in California, the police would not enforce an HOA rule.
-- I agree the police do not have the authority to enforce HOA covenants, HOA bylaws or HOA rules. From my HOA experience and reports of others here, the typical cop is well-versed on the point.
-- In California the D-S site says civil trespass is enforced through litigation. However where I am, the police will come and complete a certain form to get the ball rolling for a civil no trespass order.
-- I was thinking about how I would vote, as a director, if this situation presented itself. Two possibilities come to mind. They would result in my voting in two different ways:
1.
The Board is rogue and violating, for one, bylaws in an obvious and hurtful way. The board is also using its power, and maybe even the HOA attorney, to harass owners. I would vote to allow recording and to inform all owners that recording was possible at any meeting. As is said: Sunshine sanitizes. People knowing they are being recorded could result in restoring some civility. I would try to support SamS10. I am sure it would be an unpleasant exchange between me and the rest of the directors, no doubt putting a target more firmly on my own back. I have been there.
2.
The Board is not rogue and works hard to comply with the bylaws et cetera. Directors are often harassed, but the board and other agents of the HOA never harass anyone. They are professionals and know to ignore "noise." I would vote for a rule prohibiting recording, because a number of owners and directors said, unsurprisingly, they would feel "chilled" from speaking if they were being recorded. Also even with a "no post to social media" rule, one never knows who is going to hear a recording later on. MelissaP1's reasoning is as good as any I have seen.