Legal to video record an HOA meeting in Florida?

Residential Property 4 views 2 answers
I am wondering about video recording an upcoming HOA board meeting. I cannot find any reference to the legality of this in the statues. Can someone point me to the law on this? Thanks,

Attorney Answers

2
Michael D. FinnReal Estate AttorneyLargo, FL ·
A lot of proceedings, including some court proceedings are presently being recorded, with, of course, that court's permission. Trials are open to the public, and transcripts are made of the proceedings, essentially for possible use in appeals, so there is ample precedent to your question. Typically there is a recording secretary at an HOA meeting who is charged with the duty of recording a number of items called the minutes of the meeting. They typically include the members present or at minimum the board members, and what formal (vote) actions were taken, etc. so the idea of a recording is certainly already, in part, a reality. To my knowledge there are no statutes that deal with that issue specifically, and if I'm correct, you would be able to record a HOA meeting, however, since the board and its officers run the meeting and set its rules (check the bylaws of the organization as well) the board would have to agree to allow it. I'd make a written request well prior to the meeting supplying as much information about your motives as possible. This issue could become quite political and the board could conclude that nothing good can come of a record that is not an official one (generated by them). Prepare for an uphill battle. To answer the question you didn't ask, someone not authorized to make a record could face civil and possibly criminal penalties for violation of privacy rights should they get caught making a record surreptitiously..
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Daniel Hamad ·
It's not really a matter of law (unless FL is strange)... it's a matter of private rights. If your condo bylaws allow it, you can do it. If they don't allow it, you cannot. If they are silent, you need everybody's permission - especially the condo boards, since they're running the meeting. Do not do it without everybody present being aware. - Hamad Law Firm, LLC [email protected] (203) 936-8LAW Licensed in CT & NY. The poster is not your attorney. Please read the disclaimer in this post and 's terms of use.
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