Videotaping Board Meetings – “Reasonable Rules”

There has been much discussion regarding HB2245 and the obligation of condominiums and planned communities to allow owners to videotape open board meetings. The new law will become effective on July 20, 2011.  HB2245 modifies A.R.S.§33-1248 (condominiums) and A.R.S.§33-1804 (planned communities) to state as follows:

Notwithstanding any provision in the declaration, bylaws or other documents to the contrary, all meetings of the association and board of directors are open to all members of the association or any person designated by a member in writing as the member's representative and all members or designated representatives so desiring shall be permitted to attend and speak at an appropriate time during the deliberations and proceedings.  The board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a member or member's designated representative to speak before the board takes formal action on an item under discussion in addition to any other opportunities to speak.  The board shall provide for a reasonable number of persons to speak on each side of an issue.  Persons attending may tape record or videotape those portions of the meetings of the board of directors and meetings of the members that are open.  The board of directors of the association may adopt reasonable rules governing the taping of open portions of the meetings of the board and the membership, but such rules shall not preclude such tape recording or videotaping by those attending.

“Reasonable Rules” governing the taping of the meeting are permitted so long as the rules do not preclude recording.  Rules Boards of Directors might consider include:

1. The person intending to record the meeting must provide 24 hours advance notice to the community manager, President or any member of the Board of Directors of the intent to record the meeting in writing via e-mail or fax.
2. The person recording the meeting must verbally indicate to the community manager, President or person running the meeting at the start of the meeting that he or she is going to record the meeting.
3. The recording device must be visible to the board of directors at all times during the meeting while the device is recording.
4. All videotaping must be on a tripod and must be located in the back of the room.
5. Videotape tripods cannot obstruct the view of people attending the meeting.
6. The Board of Directors shall have a right to receive a copy of the recording, at Association expense. 
7. All recording devices must run on batteries.  The Association cannot guarantee that power will be available in the meeting space and power cords cannot create tripping hazards for other attendees at the meeting.
     

You may read Scott’s blog on the Legislative session at www.AZHOALegislation.com.  The firm is also offering free seminars on the new HOA laws around the state and by live internet feed.  Go to www.carpenterhazlewood.com/seminars.