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June 30, 2005
TAPING MEETINGS
I think I said I was not going to say anymore about taping meetings but a website visitor asked the question of whether the Board could videotape an association meeting, wondering whether the authority had to be written somewhere, like in the Bylaws. It would be my opinion that a Board is authorized to tape (video or audio) any of the Association meetings, whether or not the authority is actually embodied in words in the Bylaws or other documents. Of course at the outset I would advise any HOA to listen to their own lawyer about this. What people do not think about is what that means. If the Association creates a tape the questions arise as to whether the tape or the minutes is the official record of the meeting. And does that mean owners can videotape or audiotape meetings. And what happens if a tape is erased afterward, or goes missing ("HOAgate" - I can see it now.) I don't profess to know much about other states and what the laws are with regard to taping, but I know at least this in California - it is illegal to tape someone without their knowledge. This would apply to an HOA meeting. And this means that if anyone is taping, they must announce it. Other questions then arise: will people be willing to participate if being taped? Will anyone alter or distort the taped conversations or meetings afterward? What will happen to any tapes after the meetings? What happens if someone who was not taping the meeting wants to listen to or see the tapes? What if others want copies? What if someone wants copies of transcripts of meeting tapes, for a year ... for 10 years? Must they be provided? Who would pay the cost of the transcription?
It is my opinion that the Board makes all the decisions about taping (at least in California), meaning when to do it, when to allow it, and what to do with any tapes produced. However, the cavaet is that other attorneys may not agree with that and so, as always, I believe an association has to listen to its own attorney about this. But, if an attendee wants to tape a meeting, and the Board does not want taping going on for whatever reasons (chilling talk, disruption, possible misuse of tape, etc.), then I am willing to argue my position that the Board is in control of meeting decorum. I would go head to head with any attorney attempting to make an argument that owners have a right to tape meetings regardless of what the board allows. The worst example I ever saw of an owner trying to secretly tape a meeting was an attorney, who was acting wierd in his chair, squirming and turning and reaching in his side pocket again and again, and actually trying his best to elicit some kind of damaging statement out of 3 board members with leading questions - without success. Luckily ... they knew more than he did ... and ... they had me. I hope the lawyer was duly embarrassed when the click went off and he was "outed". He should have been. The only bad part was there was no one else there to witness his gaff.
Posted by Beth Grimm at June 30, 2005 8:43 PM