BenJ (Florida)
Posts: 21
Posts: 21
Posted:
Has anyone established Rules and Regulations pertaining to a member videoing meetings and the viewing of the video by individuals or entities outside of the Association. For example, uploading to YouTube.
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Videoing Board/Member meetings in Florida
Started by BenJ • 13 replies • 3366 views
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KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
And just how do you propose to regulate this? Do your neighborhood a favor and run the board meeting in such a manner as to cause boredom to those without a stake. If there is nothing but a business meeting you won't have to worry about it.
At best, to actually do anything will be expensive and time consuming. But then there are issues of having authority to do so since it is highly unlikely that your covenants address the issue at all. And thus the only thing addressing it is a state law giving residents a right to record the meetings. And it would be presumed that the reason a resident would record the meeting is to show others what is going on. Further, the only people who would really have much interest would be those who have a stake in the business of the HOA. (Unless your BOD is breaching its duty to run the place in a sane manner. Then I would guess some might find some entertainment value in the recording.)
At best, to actually do anything will be expensive and time consuming. But then there are issues of having authority to do so since it is highly unlikely that your covenants address the issue at all. And thus the only thing addressing it is a state law giving residents a right to record the meetings. And it would be presumed that the reason a resident would record the meeting is to show others what is going on. Further, the only people who would really have much interest would be those who have a stake in the business of the HOA. (Unless your BOD is breaching its duty to run the place in a sane manner. Then I would guess some might find some entertainment value in the recording.)
AnnaD2 (Florida)
Posts: 960
Posts: 960
Posted:
Since Florida State Statutes DO allow video taping of Board meetings (it's in the Statutes twice), there is really nothing you can do about it. However, the Board can set up certain guidelines for it. They can state that it cannot be disruptive to the meeting; they can request the taping be stationary (not allowing the person to run around and shove the camera in everyone's face for a close up); the person taping cannot keep instructing everyone to "smile", or "say cheese".
It may even prove to be a tool to keep everyone on their best behavior.
It may even prove to be a tool to keep everyone on their best behavior.
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Ben,
The Statutes allow for any member to video or tape any meetings but we have added that the member must inform the Board that they are taping. Once that tape leaves the meeting, it is no longer controlable. So, what could possibly be interesting enough for it to be posted on UTube or anywhere else.
GeorgerwilliamsW (Indiana)
Posts: 975
Posts: 975
Posted:
Quote:
Posted By DonnaS on 02/06/2009 4:55 AM
So, what could possibly be interesting enough for it to be posted on UTube or anywhere else.
So, what could possibly be interesting enough for it to be posted on UTube or anywhere else.
http://www.youtube.com/watch?v=LIInuJ_LQik&feature=related
http://www.youtube.com/watch?v=d1jz4OuJZcQ&feature=related
http://www.youtube.com/watch?v=06trGdJAum8&feature=related
http://www.youtube.com/watch?v=ehDmqwxt-do&feature=related
BarbaraD6 (Florida)
Posts: 347
Posts: 347
Posted:
I would encourage everyone to video tape or tape record the meetings. We do video tape and we still have disagreements about what we voted on.
Barbara
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posts: 5,671
Posted:
Okay, so I watched them. Entertaining, perhaps if one is bored. Did I learn something, nothing important enough to remember. Was it worth puting on Utube? For those who relish listening to people argue, it does fulfil that need. Did I learn something? Absolutely NOT
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Ben,
We have established a policy regarding this and, I might add, it has worked well for us. Of course, the policy is not failproof but it does follow the Division's recommended language and so far (knock on wood) so good!
Ann
Here's our policy:
Audio and Videotaping Rules for Meetings of the Board, Members and Committees
Complying with the Florida Statutes and according to the Division of Florida Land Sales, Condominiums and Mobile Homes which define the Division Rules on Videotaping, the XXXX Association adopts the following rules:
1. Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:
2. The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.
3. Video equipment shall be assembled and placed in position fifteen (15) minutes in advance of the commencement of the meeting. The placement location to be determined by the Board of Directors.
4. Any member videotaping or recording a meeting shall not be permitted to move about the meeting room.
5. Advance notice of twenty-four hours (24) shall be given to the Board of Directors by a member desiring to utilize any audio or video equipment.
6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.
7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.
We have established a policy regarding this and, I might add, it has worked well for us. Of course, the policy is not failproof but it does follow the Division's recommended language and so far (knock on wood) so good!
Ann
Here's our policy:
Audio and Videotaping Rules for Meetings of the Board, Members and Committees
Complying with the Florida Statutes and according to the Division of Florida Land Sales, Condominiums and Mobile Homes which define the Division Rules on Videotaping, the XXXX Association adopts the following rules:
1. Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:
2. The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.
3. Video equipment shall be assembled and placed in position fifteen (15) minutes in advance of the commencement of the meeting. The placement location to be determined by the Board of Directors.
4. Any member videotaping or recording a meeting shall not be permitted to move about the meeting room.
5. Advance notice of twenty-four hours (24) shall be given to the Board of Directors by a member desiring to utilize any audio or video equipment.
6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.
7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
Quote:
...
6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.
7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.
6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.
7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.
And how do you enforce these last two provisions?
The only theory that I can possibly see would have to do with an area that I am only aware of. I know that if you sell a photo to any organization outside a news situation then you generally need a "model release form" for each person who can be recognized.
Now the issue is that if this could be used to stop release, then your association has chosen to take this authority for release from all people in attendance. And you surely did not get the rights for said release in the first place. And thus you could be liable for a whole lot more then if you simply didn't have any such policy in place.
I still believe that the best policy is to run your meeting in an upright manner which would bore most people. So if it is put on UTube who really cares? Let those people do something about it as it isn't your problem.
Since you do have the policy people will expect you to enforce it in some way. And your lack of enforcement will only bring trouble to you. Trying to extablish authority in an area where you have none could spell trouble in keeping that authority which is legitimately yours.
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Kirk,
Sorry I didn't get back to you sooner...
Let me remind you that videotaping in Florida is permitted (by statute)as has been mentioned in this thread. Thus, a release from those being taped is moot, no?
We require the videotaper to set up their camera 15 minutes before the start of the meeting and in a location behind the guests' heads/faces and thereby ensuring the BOD is the focus of the recording.
The 1st item you addressed is a deterrant, Kirk. I would assume it is akin to many rules in place that give teeth should someone go astray from the legislative intent of the law. The other item is easily "enforced" by refusing videotaping by a non-member (owner).
To be quite blunt here, I feel your reading way too much into a set of rules permitted by Florida law. You are making a giant assumption leap regarding quality of the meetings or enforcement of association rules. In both instances, we do quite well. My intent in sharing our videotaping rules was to assist the OP from Florida.
If I am misinterpreting your post, I apologise.
Ann
Sorry I didn't get back to you sooner...
Let me remind you that videotaping in Florida is permitted (by statute)as has been mentioned in this thread. Thus, a release from those being taped is moot, no?
We require the videotaper to set up their camera 15 minutes before the start of the meeting and in a location behind the guests' heads/faces and thereby ensuring the BOD is the focus of the recording.
The 1st item you addressed is a deterrant, Kirk. I would assume it is akin to many rules in place that give teeth should someone go astray from the legislative intent of the law. The other item is easily "enforced" by refusing videotaping by a non-member (owner).
To be quite blunt here, I feel your reading way too much into a set of rules permitted by Florida law. You are making a giant assumption leap regarding quality of the meetings or enforcement of association rules. In both instances, we do quite well. My intent in sharing our videotaping rules was to assist the OP from Florida.
If I am misinterpreting your post, I apologise.
Ann
BenJ (Florida)
Posts: 21
Posts: 21
Posted:
Quote:
Posted By AnnJ1 on 02/06/2009 11:00 AM
Ben,
We have established a policy regarding this and, I might add, it has worked well for us. Of course, the policy is not failproof but it does follow the Division's recommended language and so far (knock on wood) so good!
Ann
Here's our policy:
Audio and Videotaping Rules for Meetings of the Board, Members and Committees
Complying with the Florida Statutes and according to the Division of Florida Land Sales, Condominiums and Mobile Homes which define the Division Rules on Videotaping, the XXXX Association adopts the following rules:
1. Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:
2. The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.
3. Video equipment shall be assembled and placed in position fifteen (15) minutes in advance of the commencement of the meeting. The placement location to be determined by the Board of Directors.
4. Any member videotaping or recording a meeting shall not be permitted to move about the meeting room.
5. Advance notice of twenty-four hours (24) shall be given to the Board of Directors by a member desiring to utilize any audio or video equipment.
6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.
7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.
Ben,
We have established a policy regarding this and, I might add, it has worked well for us. Of course, the policy is not failproof but it does follow the Division's recommended language and so far (knock on wood) so good!
Ann
Here's our policy:
Audio and Videotaping Rules for Meetings of the Board, Members and Committees
Complying with the Florida Statutes and according to the Division of Florida Land Sales, Condominiums and Mobile Homes which define the Division Rules on Videotaping, the XXXX Association adopts the following rules:
1. Any unit owner may tape record or videotape meetings of the board of administration, committee meetings, or unit owner meetings, subject to the following restrictions:
2. The only audio and video equipment and devices which unit owners are authorized to utilize at any such meeting is equipment which does not produce distracting sound or light emissions.
3. Video equipment shall be assembled and placed in position fifteen (15) minutes in advance of the commencement of the meeting. The placement location to be determined by the Board of Directors.
4. Any member videotaping or recording a meeting shall not be permitted to move about the meeting room.
5. Advance notice of twenty-four hours (24) shall be given to the Board of Directors by a member desiring to utilize any audio or video equipment.
6. Any tapes or videos taken at a meeting may not be disseminated outside of the association other than to an owner's legal counsel or agent without the written consent of the board of directors.
7. There shall be no audio or video taping of meetings by a third party (non-member) without a written request and approval by the board of directors.
Ann,
Thank You! That's exactly what I was looking for. Do you guys require the members to sign a statement that they have read the rules for recording the meetings?
Sorry for the long gap in my response. I have been unable to post for awhile.
Ben
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
You're very welcome, Ben.
We don't require a signed statement and thus far, anyone wishing to tape has complied with our regulations. BTW, we post all of our rules on our website and we did post the rules in our newsletter shortly after they were adopted.
I do believe our management company keeps a log of requestors/dates in our office but I'm not sure about that. I do remember it was suggested.
Ann
We don't require a signed statement and thus far, anyone wishing to tape has complied with our regulations. BTW, we post all of our rules on our website and we did post the rules in our newsletter shortly after they were adopted.
I do believe our management company keeps a log of requestors/dates in our office but I'm not sure about that. I do remember it was suggested.
Ann
AnneH2 (Florida)
Posts: 82
Posts: 82
Posted:
AnnJ-
Those are excellent guidelines. I think all boards should put them into place before someone comes in with a camera. I have been to meetings where the camera was trained on just two particular board members- five feet from their faces. IMO, any taping should be a panaramic fixed shot, not used to intimidate a select few.
I had seen those YouTube videos before. They are good to watch whenever we get fed up with irate owners at our meetings- our HOA is heaven compared to those brutal meetings on YouTube!
Those are excellent guidelines. I think all boards should put them into place before someone comes in with a camera. I have been to meetings where the camera was trained on just two particular board members- five feet from their faces. IMO, any taping should be a panaramic fixed shot, not used to intimidate a select few.
I had seen those YouTube videos before. They are good to watch whenever we get fed up with irate owners at our meetings- our HOA is heaven compared to those brutal meetings on YouTube!
AnnJ1 (Florida)
Posts: 122
Posts: 122
Posted:
Thanks, Anne....
I've never seen a YouTube video of a HOA meeting... I can only surmise the display of "America's Best"
Our president has the video operator stationed in the back of the room so as not to disturb the proceedings but allowing the entire board table to be captured. I'm so glad we are prepared to deal with the matter and I agree with you that it would be wise for other HOA's to at least deliberate the possibility of putting rules in place for videotaping.
Ann
I've never seen a YouTube video of a HOA meeting... I can only surmise the display of "America's Best"
Our president has the video operator stationed in the back of the room so as not to disturb the proceedings but allowing the entire board table to be captured. I'm so glad we are prepared to deal with the matter and I agree with you that it would be wise for other HOA's to at least deliberate the possibility of putting rules in place for videotaping.
Ann
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