Should you record HOA meetings? With your homeowner association clients and their members, that straightforward question does not have a simple answer. While seemingly an internal issue for the association, state and local laws may have a say. Furthermore, recordings may intersect with the liability and cyber risk sections of your clients’ HOA insurance. If your agency serves the HOA and condo community markets, this is one issue you need to master.
The Law of Recordings
Even though HOAs are private entities, several states have enacted open meeting laws that mandate the right of members to record meetings. Florida explicitly spells out a right-to-record with narrowly defined exceptions for the discussion of sensitive information. To further complicate matters, rulings can shape the interpretation of established law. In Virginia, an ombudsman’s decision broadened members’ rights to record association meetings.
If state law guarantees the right of homeowners to record HOA meetings, associations are wise to record all sessions that are open to members. This recording serves as a self-defense measure if a disgruntled resident distributes an edited recording. Along with a recording policy, boards will need to decide on a retention period and storage protocols to keep the videos out of the wrong hands. When you review cyber risk coverage with your HOA clients, stress the necessity of a documented storage procedure.
The Upsides of Recordings
In jurisdictions with no right-to-record, there are still valid reasons for an association to permit recordings. Recordings can facilitate:
- Accurate Minutes: Maintaining and posting accurate minutes for each meeting is a legal obligation in nearly every jurisdiction. In meetings with rapid-fire discussions, this can be very difficult for any secretary without stenographer training. A reference video solves this problem. To enhance cybersecurity, the HOA can erase the recording after the minutes’ publication.
- A Complete and Unbiased Account: Bias can leak into the minutes of even the most conscientious secretary. Video recordings are easy to post to the community webpage and provide a start-to-finish account.
The Downsides of Recordings
Beyond cyber risk issues, there are other valid reasons to prohibit recordings at HOA meetings. Video recordings may lead to:
- Chilled Expression: Many people do not enjoy public speaking, and being recorded only hikes their anxiety. Meetings then fall to domination by more outgoing members.
- Overshadowed Minutes: Well-executed minutes provide a concise account of a meeting’s decisions. Conversely, a video recording may highlight a clash of personalities and shift the focus away from the practical matters that affect the community’s wellbeing.
Mastering the ins and outs of HOA meeting recordings is not an exciting prospect. Nonetheless, doing your homework on this knotty issue can reduce your clients’ risk of litigation and foster long-term relationships for your agency.
About Kevin Davis Insurance Services
For over 35 years, Kevin Davis Insurance Services has built an impressive reputation as a strong wholesale broker offering insurance products for the community association industry. President Kevin Davis and his team take pride in offering committed services to the community association market and providing them with unparalleled access to high-quality coverage, competitive premiums, superior markets, and detailed customer service. To learn more about the coverage we offer, contact us toll-free at (855)-790-7393 to speak with one of our representatives.