WardellD (Washington)
Posts: 64
Posts: 64
Posted:
I would like to know if a homeowner has the right to secretly record board meetings without informing the board members and the homeowners.
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Recording at the board meeting
Started by WardellD • 3 replies • 2776 views
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ClaudeV (Florida)
Posts: 86
Posts: 86
Posted:
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.
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: 288
Posts: 288
Posted:
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: 86
Posts: 86
Posted:
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.
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.
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