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.
