|
| Tuesday, January 06, 2009
|
|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
WardellD
(Washington)
Posts:64
 |
| 01/17/2006 6:26 PM |
|
| I would like to know if a homeowner has the right to secretly record board meetings without informing the board members and the homeowners. |
|
|
|
|
ClaudeV
(Florida)
Posts:84
|
| 01/18/2006 5:11 PM |
|
Key words are: "secretly record".
The short answer is NO! Absolutely not. It is a violation of federal law to do so.
I live in Florida. Afer discussing the subject of recording people's voices and images with the State Attorney's office some years ago, (1995/96), I was informed that one can record an image with video tape without permission, so long as there is NO SOUND. To record someone's VOICE requires consent from that person. That is why you hear all the disclaimers on the telephone that say "this call may be recorded for training purposes", or other words to that effect. If you do not wish to be recorded, you must so STATE that objection. If the called person cannot cease the recording, your option is to consent, or hang up.
I am not a lawyer, this is not legal advice. If you have reason to record "secretly", then the problem is probably larger than recording statements covertly will address. I would expect that Roger will address this question as well. |
|
|
|
|
JohnM3
(Florida)
Posts:208
|
| 01/23/2006 10:18 AM |
|
| In Florida they are televised so whats the big deal. It is in our docs that we must give a written copy to anyone requesting it. So what we do is, a copy of the minutes is posted on our web site every month and it stays there for 12 months to acess the web site you must have a password and ID no problems in Florida we have a sunshine law that makes it almost manditory. If we cant do it like this I move out of America. It is up to us board members to keep the nonsense to a minium in our own associations.We are not city politicans we are real people handling real situations daily.With 1 hand tied behind our backs |
|
|
|
|
ClaudeV
(Florida)
Posts:84
|
| 01/23/2006 11:58 AM |
|
JohnM3 wrote: "In Florida they are televised so whats the big deal."
I believe the reference was to a HOA board meeting, not a public board such as the County Commissioners etc.
The bottomline is: "secret" recording of a person's voice is illegal, in any state as far as I know. The FCC law is the one that covers this and that makes it "Federal" and applies to all 50 states. But, like I said before, I'm not a lawyer. A simple phone call to the state attorney's office will settle any doubts. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|