Get 2 months of free community web site hosting from Community123.com!
Friday, December 14, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Video Recording Meetings, Part 5/8: Liars don't like being recorded
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
BradB7


Posts:22


04/12/2018 9:57 AM  
Video Recording Meetings, Part 5/8: Liars don't like being recorded

After three years of recording monthly meetings not one resident has shown any concern about being recorded.

What did not surprise me was that it was the board members who didn't like the recording of meetings, and it was the board member who lies the most who had the largest objection to it.

Mr. Liar sent an email off to our attorney asking why I was allowed to record. She told him the same thing I already had told the board: Anyone can record the meetings. He did not like that, and after three years he still questions whether recording is allowed.

I also learned that board members who use their board position for personal gain or benefit, or who don't do their duty to the community, did not like being recorded.

But then they quickly forgot about the camera and continued on as if it wasn't there, without any change to their behavior, with the camera recording whatever good or bad they were doing.

Next:
Part 6/8: It doesn't matter if it's on video, it didn't happen
MarkM31
(Washington)

Posts:394


04/12/2018 10:50 AM  
Posted By BradB7 on 04/12/2018 9:57 AM
She told him the same thing I already had told the board: Anyone can record the meetings. He did not like that, and after three years he still questions whether recording is allowed.




You probably missunderstand what the attorney said. Since this is private property, the entity that controls the property can choose to allow recording or not. If you're on HOA property where it could be argued that there could be an expectation of some degree of privacy (a room versus the parking lot), then the board (since they are charged with managing the HOA's property) could limit recording
TimB4
(Virginia)

Posts:16050


04/12/2018 2:25 PM  
Mark,

Many States specify within their HOA/COA statutes that recordings are allowed.
If the owner of the property doesn't want the potential of having a recorder within their home, then the meeting needs to hosted elsewhere.
GenoS
(Florida)

Posts:2525


04/12/2018 7:18 PM  
Posted By MarkM31 on 04/12/2018 10:50 AM
You probably missunderstand what the attorney said. Since this is private property, the entity that controls the property can choose to allow recording or not. If you're on HOA property where it could be argued that there could be an expectation of some degree of privacy (a room versus the parking lot), then the board (since they are charged with managing the HOA's property) could limit recording.

That depends on the state. In Florida, members of condos and HOAs have the right to record all board meetings and all member meetings. Different states may have different takes on the issue.
BradB7


Posts:22


04/14/2018 8:49 PM  
Posted By MarkM31 on 04/12/2018 10:50 AM
Posted By BradB7 on 04/12/2018 9:57 AM
She told him the same thing I already had told the board: Anyone can record the meetings. He did not like that, and after three years he still questions whether recording is allowed.




You probably missunderstand what the attorney said. Since this is private property, the entity that controls the property can choose to allow recording or not. If you're on HOA property where it could be argued that there could be an expectation of some degree of privacy (a room versus the parking lot), then the board (since they are charged with managing the HOA's property) could limit recording



I don't think I misunderstood what the attorney said, as it was in writing and given to all board members and the manager. Mr. Liar misunderstands most everything, and it doesn't matter if it is verbal or written.

In my first post I didn't go into details, but the main reason I started recording was because of Mr. Liar. He has his own reality, and it doesn't match the real world very often. The fact that Mr. Liar is still questioning recording after 3 years, despite multiple verbal and written explanations by the attorney, is an indicator of the level of crazy I have to deal with.

As our attorney explained, there is no expectation of privacy at the meeting of a public corporation (the HOA), where the board members are officers of this public corporation and are required to conduct the business of the corporation in public. The actions of the board are public, and are published as meeting minutes to be read by the public. The exception to this is executive session, where only limited items may be discussed.

Attendance at our meetings is restricted to homeowners & approved tenants only, but anyone at the meeting may video/audio record or take written notes, and may discuss or publish anything said at a meeting.
BradB7


Posts:22


04/14/2018 9:14 PM  
Posted By TimB4 on 04/12/2018 2:25 PM
Mark,

Many States specify within their HOA/COA statutes that recordings are allowed.
If the owner of the property doesn't want the potential of having a recorder within their home, then the meeting needs to hosted elsewhere.



We hold our meetings in the public meeting rooms of our master association, so of course recording is allowed by the property owner. In the past we have held meetings at the library, and there was no restriction on recording.
MelissaP1
(Alabama)

Posts:7767


04/15/2018 5:53 AM  
For me the purpose of recording a meeting (video or taped) is for more accurate note taking. It's when it's used outside that scope that issues are incurred. Especially if someone wants to post it on social media or use it in a court of law.

Think about it. What is the purpose of record in a HOA? Note taking. It should be shared with outside parties. It's a meeting for member's only. The person recording should be doing so to confirm their notes are accurate and reflect what occurred. It's a record keeping process.

Now not to say that someone who can't attend a meeting can't view a copy. Don't think they need to own a copy. The HOA should keep that within their control. Unfortunately, the recording may be needed for cases of crime in case of assault. Not sure if the court will allow it in court due to consent to be recorded issues.

So for me, if recording aren't used in the right context, then not going to do it.

Former HOA President
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Video Recording Meetings, Part 5/8: Liars don't like being recorded



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement