Is it Illegal to Tape HOA or Condo Board Meetings?

Lots of people want to know about taping board meetings or association meetings. Here is a question I just received from a board member (sometimes they come from owners):

 

“Thank you for your great blog.  I was recently elected to be on a Board.  I
hope you can answer this question in your blog.  Is it legal for Board members
to prevent the recording of a public Board meeting? Thank you so much for your
consideration.”
It is not illegal for a Board to adopt a policy prohibiting taping of meetings. In fact, it is illegal to tape persons when you do not have their permission in most instances, so I believe it illegal to tape association meetings without telling people you are taping them.
The Boards can set rules and policies regarding taping or not allowing taping at meetings. If Boards allow taping it can lead to lots of issues about how the tapes can be used, whether they can be altered, whether they have to be transcribed or not, kept for any length of time (or how long). Some boards do tape meetings to assist the secretary in typing up the minutes. After that, I believe it is best to destroy the tapes. The minutes are the official record.
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