HOAleader.com - Tip of the Week - December 23, 2022
Published: Fri, 12/23/22
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HOAleader.com - Tip of the Week - December 23, 2022
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An HOAleader.com reader explains a scenario that could happen at communities all over the country: The board begins meeting, and an owner in the audience with a laptop launches a remote meeting without telling a soul. And the whole meeting is broadcast to whoever that owner has admitted to the meeting.
In this week's tip, we answer our reader's question about whether that owner—a former board member—did anything wrong.
To start with, this former board member's apparent effort to outwit his former colleagues may land him in hot water. In some states, recording others without their consent is a big, criminal law no-no.
"Every state is different, but in Colorado, as long as one person is aware of the recording, that's all that matters," reports Elina Gilbert, a shareholder at Altitude Community Law in Lakewood, Colo., who has specialized in community association law for 22 years.
Not true in California and Washington. "Depending on the jurisdiction, what this former board member did could be illegal," notes Daniel Zimberoff, CCAL, a partner at Zimberoff Deutsch in San Diego, who represents dozens of condo and HOA owners in California at any given time and is the author of Avoiding Homeowner Wars. "In two states where I practice, if you record someone's conversation without their consent, that's a criminal offense."
Even if taping is permissible, Zimberoff isn't a fan. "If it's not a violation of the law, I don't think it's good practice because this former board member was doing it covertly," he notes. "When I hear things like this, the hair on the back of my neck starts to rise.
Find out why—along with how this reader's board should approach their former colleague—in our new article: https://www.hoaleader.com/members/4628.cfm
Best regards,
Matt Humphrey
President
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Click here for more:
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Click here for more:
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Click here for more:
https://www.hoaleader.com/members/Do-You-Really-Need-CondoHOA-Meeting-Parliamentarian.cfm
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