MarianM
(Colorado)
Posts:3
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| 08/18/2008 11:05 AM |
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| The president of the Board discovered after the HOA meeting had adjourned that one of the Board members had tape recorded the proceedings. No permission had been sought or given. 3 residents noticed the tape recorder under this Board members chair during the meeting. The meeting was contentious between this Board member & the other Board members. What action if any can be taken? Can this be grounds for removal from the Board? |
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RW1
(Florida)
Posts:145
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| 08/18/2008 11:15 AM |
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Depends.
Check your state statutes and your Assn. docs.
It is legal in FLA.
Under the chair seems suspicious but it may not matter. |
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DonaldM3
(South Carolina)
Posts:21
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| 08/18/2008 11:23 AM |
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| I consider that a terrible underhanded personal invasion in spite that the meeting was open and I’m sure recorded (in writing) by the secretary. I’m sure not sure what can be done but if I were the president, I think I’d be seeking advice from the HOA attorney and take it from there. Has the pres or any board member addressed this infringement to the perpetrator? If so, what was his/her response? |
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TonyM3
(Arizona)
Posts:131
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| 08/18/2008 11:47 AM |
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| 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. |
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SusanW1
(Michigan)
Posts:2121
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| 08/18/2008 2:41 PM |
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Unless your documents or state laws says that your meetings can be recorded, the Board member should have asked permission and a vote taken for the OK.
It was sneaky and underhanded, IMHO.
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DonnaS
(Tennessee)
Posts:2797
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| 08/18/2008 4:34 PM |
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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. |
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KirkW1
(Texas)
Posts:1110
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| 08/18/2008 4:49 PM |
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From what I could find only one part of any conversation need to consent to recording. Thus, the Board member did not break any law.
I think that the Board member should have warned people that he was recording, but it would not appear that he was trying to hide the fact. He certainly was trying to be discrete.
In the future all members should assume that what they are saying is being recorded. And they may in fact want to record the whole thing so that one can't take sections out of context. |
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DonaldM3
(South Carolina)
Posts:21
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| 08/18/2008 5:10 PM |
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| 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. |
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TonyM3
(Arizona)
Posts:131
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| 08/18/2008 5:33 PM |
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Sounds like a well managed power play. Discreet but not totally surreptitious so those that didn't know were enlightened soon after. Sometimes it takes the threat of having ignorance displayed on youtube to get a person to straighten up and fly right. Gotta love those alternative and creative solutions...like an episode of Burn Notice.  |
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SusanW1
(Michigan)
Posts:2121
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| 08/18/2008 7:16 PM |
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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.
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BradP
(Kansas)
Posts:1742
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| 08/19/2008 8:21 AM |
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Posted By MarianM on 08/18/2008 11:05 AM
The president of the Board discovered after the HOA meeting had adjourned that one of the Board members had tape recorded the proceedings. No permission had been sought or given. 3 residents noticed the tape recorder under this Board members chair during the meeting. The meeting was contentious between this Board member & the other Board members. What action if any can be taken? Can this be grounds for removal from the Board?
I would first check criminal statutes, I think someone said that colorado is a one party state, if that is true then this person is lucky. If it isn't true I would consider pressing charges.
Regardless of that, I think a stern warning should be issued and a rule immediately passed that anyone wishing to record the meeting must first obtain permission. |
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MaryA1
(Arizona)
Posts:2161
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| 08/19/2008 9:55 AM |
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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. |
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DonnaS
(Tennessee)
Posts:2797
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| 08/19/2008 12:08 PM |
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MAry,
And add that if some of their Board meeting were like mine, we had so much stuff going on that even I could not keep who said what all of the time. Recording is allowed in Florida and all that we do is inform the membership at the start of any meetings. |
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MaryA1
(Arizona)
Posts:2161
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| 08/19/2008 2:16 PM |
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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. |
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DarylF
(Washington)
Posts:68
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| 08/19/2008 2:22 PM |
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Just my $.02...
If your board meetings are open to the membership to observe then there is nothing wrong with the recording as long as the recorder was turned off if you went into closed session. Open meeting means everything said is public record. Since it is an open meeting the board members should always treat it as such and assume others are listening.
If it is just a board meeting and closed to observation, it would be too easy to take the recording, which has conversation not inteneded for the public, and share it with others. Thus, it would be very wrong. |
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MaryA1
(Arizona)
Posts:2161
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| 08/19/2008 3:13 PM |
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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. |
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