However, a 2017 Florida appellate court decision involving a dispute between an owner and his condominium association is instructive. As with many issues, the law is slow to catch up with technology and societal practices. The extent to which an association can regulate these issues is a matter of some debate. A political candidate speaking at an event would be a classic example. While I believe that we all have a reasonable expectation of legal privacy regarding our image, those rights can be waived by engaging in conduct where an expectation of privacy is not reasonable. However, neither the statute nor the administrative regulations address what the owner may do with this information once he or she acquires it.įor example, I have had board members tell me that they do not want pictures of them posted on social media or other internet platforms available to the general public.
#Can secretary of a board view audio tapes of meetings code
Rule 61B-23.002(9) of the Florida Administrative Code permits a board to adopt written rules governing the recording of meetings, including rules that require prior notice before recording. There is no right in the statute to take still photographs of board members, but with current technology, those lines seem rather blurred. I am not sure current personal device recording is “videotaping” a meeting (since there is no “tape”) but I suspect the law would be applied. You are correct that Section 718.112(2)(b) of the Florida Condominium Act permits condominium unit owners to “tape record or videotape” meetings of the board, the membership, as well as committee meetings which are open to the members. For example, can he take photographs of me or other board members and post them on social media type sites? (J.L via e-mail)Ī: That is a very good question and there is really no established answer in the law. My question is whether there are any limits on what this person can do with his recordings. I assume he is recording the meetings, which I understand he has the right to do. There is one owner who comes to many of the board meetings and sits in the front row with his phone device pointed at the head table.
Q: I recently agreed to serve on the board of my condominium association.
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