Q: My local HOA Board of Directors adopted a rule that states at a Board of Director meeting that the meeting can be recorded only if the person recording announced that they are going to record and that the videos cannot be published or uploaded to social media websites after recording. Is this legal to prohibit uploading of the video to a social media website like YOUTUBE, Nextdoor etc. and under what authority can this be enforced.
D.H., Stuart
A: Owners have the right to video and tape record Board meetings and members meetings. However, the Board can adopt reasonable rules regarding how this can be done. A rule that requires a person to announce they are recording before they start is reasonable and enforceable. Whether or not the Board can enforce a rule prohibiting the uploading of the video to social media is much less clear. This is a cutting-edge issue in this day and age and pits free speech rights against a person’s right to privacy. There is no law that presently prohibits what a person can do with such a recording. So, at this point absent a court decision or statutory change I do not believe the Board can enforce such a rule.
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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, DeBoest & Cross, PLLC. T o ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, PLLC or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.
