💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MaryN (Virginia)
Posts: 125
Posted:
We are in VA. There is state law for HOA's. "Any member may record any portion of a meeting required to be open" We had been told that covers audio and video. For the past 2 years we have videotaped the meetings. This year, the rules have changed..our HOA now states that their attorney has told them that each person needs to sign a release..or no videotaping. We gave advance notice as required. The law states the BOD can control placement of the recording equipment so it doesn't interfer with the meeting. I guess it doesn't matter..it would cost too much to take it to court and by the time it got to court the annual meeting would be history. Any thoughts? Have any other HOA's done this and required signed releases from all the members?
MaryN
MaryA1 (Arizona)
Posts: 7,043
Posted:
Mary,

I do know the laws vary state to state, so all that matters is what VA law says. I would be inclined to ask for the specific law which states a release is required to be signed by each member. Board members are notorious for blaming things on their attorney when in fact it's just what "they" want to do! The thought is that if they say the attorney said such and such no one will question them further.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
MaryN,
Who has been videotaping the annual meeting? What do you do with the copies? What was the purpose? Is this a "bad blood" reaction?

IMHO, if your documents state the Annual meeting will be videotaped or whatever, then no permission is required as it is part of the deal you signed when you bought. I would also look at your state statute, and corporation laws if applicable. I think I would question and restrict someone just showing up and started filming. It could be that the Board is wrong and so in the ones filming, but if the desire is legitamite, make it part of your documents. The President chairs the meeting and he don't have to approve filming if he has a reason. That does not in any fashion mean to say that the president does not have to answer and abide by the legimate wishes of the peeople. It has been pointed out by Bruce, the Board does not serve the president, the president serves the Board and the Board serves the people that elected them (owners, including each and every owner. I think I would start by raising the Filming issue at the annual meeting if convient, if not petition the Board for a ruling.
BrianB (California)
Posts: 2,820
Posted:
I would ask the board to ask the lawyer to put in writing that he has directed ME to break a Virginia State Law.

Either they will back down, or they will give you evidence, in writing, that will get the lawyer disbarred.

GlenL (Ohio)
Posts: 5,491
Posted:
Mary the phrase that jumps out is, "The HOA said the lawyer said." I can say what someone else supposedly "told" me - it doesn't mean it's so or that I heard it correctly in the first place. Follow Brian's advice make them put it in writing.

Studies show that 5 out of 4 people have problems with fractions
MaryN (Virginia)
Posts: 125
Posted:
Does an email count? The secretary wrote that response to everyone. Yes, there is bad blood..the minutes rarely reflect what happens at a meeting. Motions are not recorded..the minutes are approved and no one has asked to see them..
in 2002 VA State Statute:meetings could be audiotaped..it was changed the next year to "taped" and I remember going to a meeting and one of the items discussed..the VA State Statute allows videotaping..with notice..and the BOD was given adequate notice..the meeting is tomorrow..so there is no time to challenge in court..the meetings are awful..there is so much fighting. The BOD stacks the deck by badgering property owners for their proxy vote and they tell those that attend..we have enough proxies to do whatever we want..and they do. The only reason we attend the meetings..to find out what's going on..
MaryN
SusanW1 (Michigan)
Posts: 5,202
Posted:
Is this the Annual Meeting of the Members? That is YOUR meeting, not the Boards. They are supposed to report to the members at that meeting. It can even be run (presided over) by another person rather than the Pres. if allowed by motion of the members. Members can also make motions and the members can pass administrative issues, i.e. videotaping the meeting.

Better yet, would be to audiotape it. Speakers have to identify themselves, and give addresses before speaking anyway. Accurate minutes can be gleaned from an audio-tape. I am assuming that this is your big issue.

P.S. A "Release" is usually signed if the participant is going to be shown on TV or shown in printed material OR if the material (the videotape of the meeting)is going to be sold.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here