Recording HOA meetings?

Started by TomF4 • 6 replies • 6997 views

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TomF4 (California)
Posts: 2

Posted:

I was wondering if people mind if the HOA meetings were tape recorded to post on the website. The purpose is for people that cant make the meetings because of a disability ect.Is there any law forbidding this? CA
Tom

SusanW1 (Michigan)
Posts: 5,202

Posted:

Some CA 'experts' will answer your question - but something to think about: the approved minutes of the meeting are the official record of the HOA - so it does not matter what people say, only what they did.

JP3 (Florida)
Posts: 11

Posted:

I disagree totally with Susan, in all due respect. We have had a lot of problems with our board, and we videotape each meeting, even the rules committee meetings. At the last rules committee meeting, I left the room and left the camcorder running and got some interesting "candid camera" footage of our CAM (property manager) talking bad about me behind my back and discussing how she is having 14 of HOAS conduct meetings by email, which is illegal in our state (FL). Also, in our state it is perfectly legal to audio tape or video tape the meetings and can come in handy later when a badly behaving board wants to deny what they said or did.

If you have a good board that behaves properly, you probably wouldn't even be asking about this in the first place.... right?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tom,

You can tape the meetings according to California HOA open meeting laws but you may not be able to post them on a website without permission of those being taped. Look into that

TomF4 (California)
Posts: 2

Posted:

Donna S
Thank yo4 for the reply and input on the CA law regarding the taping of HOA meetings do yo4 know where it is written that tape recording a meeting is legal? or maybe where it i written that it is not illegal
thanks again
Tom

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Just don't wear a wiretap or anything and you should be fine recording HOA meetings. I think, personally, it would clean up the structure of the business meeting and make more efficient (my two cents). But, check the law.

I also wouldn't edit the audio if I openly recorded it. Post it as is as spoken. That could cause problems and let the HOA members know you're recording the proceedings. They're public officials of sorts and should want to debate 99% of issues in public, tape recorder no exception.

AND, the above comment is correct. Ensuring the minutes are posted is more efficient and official than anything.

Regarding the law, ensure that:

1. You can audio tape the meeting

2. You understand your rights of recording if board members arbitrarily object against sunshine law due to paranoia of your purpose.

BrianB (California)
Posts: 2,820

Posted:

you won't likely find a law to say that tape recording X is legal... most laws forbid things, rather than allow them.

In California, you have a couple hurdles to cross in order to tape properly. There must be no rule against it in the bylaws of the corporation (the HOA). If the HOA is silent on recording, then that's hurdle one.

Hurdle two, in California, it is an illegal wiretap unless ALL parties to the coversation are aware, or should be aware, of the taping (or, ten other exemptions, but that's the biggie). So, set up your recorder in plain view, don't be sneaky, and even announce it or hang a sign that the proceedings are being taped for X purpose (a great purpose is clarity of notes). If you get the board to buy into it, I would even open the meeting with a canned statement. "This is the monthly meeting of the XYZ HOA board of directors, held July 30th 2010. This meeting is being recorded audially and visually for clarity of notes and reference. "

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