Board member tape recording a Board meeting without asking permisision

Depends.

Check your state statutes and your Assn. docs.

It is legal in FLA.

Under the chair seems suspicious but it may not matter.

I believe Colorado is a one party state, meaning only one person of the conversation needs to be aware that it's being recorded. If the HOA has no rule against it then I'd say the Board member was within his rights. Recorders are so small these days if someone was meaning to hide one there would be plenty of better places besides the floor.

We always taped Board meetings for 2 reasons. One , to insure that all and any discussions were on record and two, to make it easy for the Secretary to transcribe them into the official minutes. Never any arguement as to what happened at meetings as they were on tape.

One thing tho, the membership in attendance were always informed at the start of the meetings that the meetings were indeed being taped.

So perhaps it’s legal in some states; I’m not sure that's even relevant! It’s a courtesy thing. Be it at a board meeting, be it when I’m having a chat with you over the back fence or when I'm talking with you on the telephone, if you’re going to tape me, let me know! If you don't you're being presumptuous and ignorant.

Since opinions, fights, debate, controversary and out-loud thinking done by board members at a meeting is NOT put into the minutes, what good is a recording?

Also, since this is a meeting of a corportion with meeting procedures using some kind of parliamentary procedure, it is paramount that every member have a chance to vote on whether or not they want the meeting to be recorded.

Only the FACTS of the ACTIONS (motions) should be in the official record of the meeting.

I would not be a part of a Board that is recorded - We are not a pubic board; we don't have that kind of "disclosure" requirement. We are volunteers who are trying to come up with the best solution to many problems. Decisions should be treated as coming from one voice: The Board's voice.

You won't get anyone to be honest and real if their every word is recorded. In fact, I think you won't get anyone to serve, at all.

Marian,

Giving the benefit of the doubt, perhaps the board member has no ulterior motives in wanting to tape the meeting. Perhaps the tape recorder was put on the floor because there was no room on the table. IMO, if she/he wanted to hide it, it could have been placed inside a briefcase, or whatever. Jumping to conclusion and advising pressing charges if what was done is against the law I think is ill-advised. First, check state law; then take appropriate action. Whether what was done is against state law or not, the board may wish to adopt a rule that any tape recording cannot be done w/o first announcing the intent. To adopt a rule prohibiting tape recording might come back to bite you at some point in time. I know many boards tape record their meetings to aid in the secretary's transcription. This is a good thing! Many well-intentioned secretaries do no possess the skills necessary to produce well-written, complete, concise minutes.

Donna,

AZ state law would not prohibit it either but it is not addressed in the HOA state statutes. If my open meeting law bill passes next session there will be a provision allowing open session board meetings to be tape recorded as long as the board is informed beforehand and there is no interference with the conduct of the meeting.

Daryl,

You bring up a very good point regarding closed sessions. If this was a closed session of the board, the tape recorder should not have been used. The board member should be required to turn over the tape to the board. No closed sessions should ever be taperecorded, even by the board secretary. At least, that's my opinion. I know public body executive sessions are tape recorded, but public employees are different than volunteers and those public employees don't take the tape recordings home.