A frequent question is whether members may tape record or videotape meetings of the board or membership meetings. The answer as to condominium associations, homeowners associations, and cooperative associations is “yes”, subject to reasonable written rules adopted by the board.
Condominium unit owners have the right to tape record or videotape board meetings subject to the following restrictions: (1) the only audio and video equipment and devices which unit owners may use is equipment which does not produce distracting sound or light emissions; (2) if adopted in advance by the board or unit owners as a written rule, (a) audio and video equipment must be set up before the meeting starts, (b) anyone videotaping or recording a meeting cannot move about the meeting room, and (c) unit owners must give advance notice to the board if they intend to videotape or tape record a meeting. Fla. Stat. § 718,112(2)(c), F.S., and Rule 61B-23.002(10), Florida Administrative Code.
Cooperative unit owners have the right to tape record or videotape board meetings subject to restrictions (2)(a) and (b) listed above. Fla. Stat. § 719.106(1)(c) and Rule 61B-75.004, Florida Administrative Code.
A member of a homeowner association may tape record or videotape meetings of the board of directors and meeting 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. Fla. Stat. § 720.306(10). While the Florida Administrative Code rules cited above do not govern homeowner associations, a board of directors may generally rely upon such rules when formally adopting written rules regarding the taping of meetings.
Association counsel should be contacted to discuss any association-specific rules that the board of directors may wish to adopt and whether such rules may withstand legal challenge.