Both the condo statute and the HOA statute grant owners the authority to record board meetings.  The condo statute states:


718.112: 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.


So what reasonable rules did the division adopt in this regard?  See Rule 61B-23.002 of the Florida Administrative Code which states:

(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.


For HOAs – 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.


So the law is pretty clear and unambiguous.  Meetings can definitely be video taped.  But we do we do about those board members and other unit owners who simply do not want to be video taped and strenuously object to being video taped?


In 1997, a co-op called Lake Como Co-op asked the Division if they can kindly be granted a waiver from the rule allowing board meetings to be video taped.  In all fairness to them, they seemed to have a great excuse.  THEY WERE A NUDIST COLONY.  EVERYONE AT THE MEETINGS WERE IN THEIR BIRTHDAY SUITS!

            Even though the attendees had concerns about being video taped in the buff, the Division held that the statute simply allows for the video taping of meetings.  There is no exception.  However, the opinion does state that the board could enact reasonable guidelines that would be sensitive to both the unit owner’s right of access and their privacy concerns.

Here is what I learned while doing my research for this blog today.  First, there is a strong presumption in favor of allowing the video taping of meetings.  Second, I’m not sure that if the nudist colony’s attorney shows up for a meeting, he or she must be nude as well.  And finally, I’m not going to be representing any nudist colonies.

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