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LET’S
GO TO THE VIDEO TAPE
By
Eric Glazer, Esq.
Published July 20, 2015
Although some Board members and unit owners
often object, Florida community association law is clear, unit
owners have the right to video tape meetings.
For condominiums:
FLORIDA STATUTE 718.112(2)(C) states: Board
of administration meetings.—Meetings of the board of
administration at which a quorum of the members is present are
open to all unit owners. Members of the board of administration
may use e-mail as a means of communication but may not cast a
vote on an association matter via e-mail. A unit owner may
tape record or videotape the meetings. The right to attend
such meetings includes the right to speak at such meetings with
reference to all designated agenda items. The division shall
adopt reasonable rules governing the tape recording and
videotaping of the meeting. The association may adopt
written reasonable rules governing the frequency, duration, and
manner of unit owner statements.
Rule 61b-23.002 of the Florida Administrative
Code – (adopted by the Division, for Condominiums) provides:
(10) Any unit owner may tape record or
videotape meetings of the board of administration, committee
meetings, or unit owner meetings, subject to the following
restrictions:
(a) The only audio and video equipment and
devices which unit owners are authorized to utilize at any such
meeting is equipment which does not produce distracting sound or
light emissions.
(b) If adopted in advance by the board or
unit owners as a written rule, audio and video equipment shall
be assembled and placed in position in advance of the
commencement of the meeting.
(c) If adopted in advance by the board or
unit owners as a written rule, anyone videotaping or recording a
meeting shall not be permitted to move about the meeting room in
order to facilitate the recording.
(d) If adopted in advance by the board or
unit owners as a written rule, advance notice shall be given to
the board by any unit owner desiring to utilize any audio or
video equipment.
(e) Unit owners are entitled to tape record
or videotape board meetings and committee meetings occurring on
or after April 1, 1992.
For homeowner associations
Florida Statute 720.306 states:
(10) RECORDING.—Any parcel owner may tape
record or videotape meetings of the board of directors and
meetings of the members. The board of directors of the
association may adopt reasonable rules governing the taping of
meetings of the board and the membership.
Because homeowner associations are not
regulated by the Department of Business and Professional
Regulation, the provisions of Rule 61b mentioned above do not
apply. However, if the Board wanted to adopt those provisions as
part of the HOA’s reasonable rules governing taping, that would
certainly suffice.
So don’t fight it. Taping is allowed. Just
look into the camera and smile. And whatever you do, don’t get
caught making faces, or nasty comments that you thought nobody
would see or hear.
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About
HOA & Condo Blog
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Eric Glazer graduated from
the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for more than 2
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decades and is the owner of Glazer
and Associates, P.A. a seven attorney law firm with offices in
Fort Lauderdale and Orlando and satellite offices in Naples,
Fort Myers and Tampa.
Since 2009, Eric has been the host
of Condo Craze and HOAs, a weekly one hour radio show that airs
at noon each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
He is the first attorney in the
State of Florida that designed a course that certifies
condominium residents as eligible to serve on a condominium
Board of Directors and has now certified more than 10,000
Floridians all across the state. He is certified as a Circuit
Court Mediator by The Florida Supreme Court and has mediated
dozens of disputes between associations and unit owners. Eric
also devotes significant time to advancing legislation in the
best interest of Florida community association members.
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