Can HOA board members request to not be tape recorded?

Answer 1

Recording board members -- the assumption here is 'during board meetings' -- is problematic.

The purpose for recording may be based upon the Secretary's mis-understanding of what's required to be included in board meeting minutes.

Minutes are historical records of association business action, and as such, certain basics are required. Additional material in minutes is not necessary and can be damaging or at least confusing.

Minutes should contain:

• Association Legal Name
• Date/Time
• Location
• Welcome - leave a blank for the name of the person who opens the meeting; the time; note that a quorum is present.
• Present - list the names of all attendees.
• Old Business/ New Business - include motions using 'Resolved: ...' and note the final vote.
• Time of adjournment.
• Date and location of the next meeting.

Documenting discussion based on resolutions is not necessary in the minutes, and are useful to position a resolution or motion into a context. Following Roberts Rules of Order, meetings can be conducted in efficient and effective ways.

That said, recording minutes means as well, that should the association ever come under legal scrutiny for any reason, board meeting tapes can be subpoenaed, and transcribed -- an expensive exercise -- and can provide details that can cloud legal standing.

Tape recording board meetings is never advised and rarely is it a requirement, given the purpose of generating meeting minutes.

When a board member requests that no taping take place, there's rarely a good reason to invade this person's privacy and deny this person's civil right by tape recording a board meeting in light of this request.

However, there are times when an owner -- board member or not -- tapes a board meeting, as evidence of board actions. In these cases, usually state law requires that the person taping the board meeting announce the taping, thus informing all in attendance that the meeting is being taped.

If the board denies this right to collect evidence, that denial can be recorded. In this case, the board could be accused of hiding evidence.

Answer 2

HOA board members can request not to be tape recorded, but it depends on the laws and regulations of the specific jurisdiction. In some areas, all parties must consent to being recorded, while in others, one-party consent is sufficient. Board members should familiarize themselves with the local laws to understand their rights and obligations regarding recording. Additionally, they may consider consulting the association's bylaws or seeking legal advice on this matter.