HOAleader.com - Tip of the Week - September 5, 2014
Published: Fri, 09/05/14
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The Risks of Recording: When It's OK to Tape HOA Meetings
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In this week's tip, we ask: What could possibly go wrong when you record your
HOA board and executive session meetings? And surely, there's no risk if you
store those recordings on the same disk, is there?
Actually, our reader wrote in just wanting to know if it was OK to store both
recordings on the same disk. We've backed up the truck and are asking the more
basic question of whether it's a good idea to record at all.
There's a range of opinion on whether to record meetings in the first place.
But first, David Firmin, a partner at Hindman Sanchez, a law firm in Arvada,
Colo., with about 1,600 association clients, has a general comment on
taping, and he's not shy about his feelings. "I hate recording meetings," he
says. "I believe it chills speech. Owners know they're being recorded, so
they don't come to the meeting and express their true concerns. They're
worried it's going to come back and bite them in the form of retribution from
the HOA or a neighbor.
"There's no reason an association or an owner can't record meetings,"
Firmin adds. "But also, I'm one of those who say what's good for the goose is
good for the gander. I don't like to have boards say, 'We're going to record
the meeting, but nobody out there can record it.'"
With that caveat, Firmin says if you absolutely must record meetings, it's
OK in certain circumstances. "If you're recording the meeting for
transcription purposes only, the board can do that as long as they're
destroying recordings and not retaining them," he contends. "I want the
approved meeting minutes to be the official record. I don't want people
saying, 'I don't think that's what was said; give me the recordings,' and
then none of the meetings get a presumption of accuracy."
Other experts aren't as adamant about recording board meetings. But
executive sessions? That's another matter. Find out more, along with the
risks of storing recordings loosely, in our new article:
http://www.hoaleader.com/members/1060.cfm
Best regards,
Matt Humphrey
President
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Brand-New Special Report!
50 Tips for HOA and Condo Boards, Volume 2:
Homeowners Association Management Best Practices
http://www.hoaleader.com/public/960.cfm
Members (and trial members) can download the report for free now.
Not a member yet? Sign up here:
http://www.hoaleader.com/details.cfm
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Recent articles posted at HOAleader.com:
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Recording Public and Confidential HOA Meetings: Pros and Cons
An HOAleader.com reader writes, "It has been a board practice to record the
public and legal meetings and transfer the recordings to discs.
Unfortunately both public and legal minutes are on one disc. Since the
minutes are written and approved by the board and are consider the legal
document, is it wise for us to be transferring this information to discs?"
Click here to read full article:
http://www.hoaleader.com/members/Recording-Public-Confidential-HOA-Meetings-Pros-Cons.cfm
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Bidding Out Your Management Contract? Read These Seven Tips and Sample RFPs
First
Need a leg up on hiring the right management company? We've got you covered.
Here are seven tips from industry insiders and five sample RFPs you can use to
sift through the volume of information you'll need to collect on the
bidders.
Click here to read full article:
http://www.hoaleader.com/members/Bidding-Out-Your-Management-Contract-Read-These-Seven-Tips-Sample-RFPs-First.cfm
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Need a Sample Management Company RFP? Look No Further
In this week's tip, we offer suggestions for improving your process for
hiring a new management company and lead you to five sample RFPs you can use to
make your life easier. First, a few words of advice:
Click here to read full article:
http://www.hoaleader.com/members/Need-Sample-Management-Company-RFP-Look-No-Further.cfm
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Florida Courts: Homeowner Association Authority to Enter Units Has Limits
In this week's tip, we discuss two Florida cases that serve as reminders to
boards that their access to owners' units is still broad, but it's not
unlimited.
In Small v. Devon Condo Association, a homeowner who'd recently been
diagnosed with a breathing disorder denied her condo association access to
conduct pest control services in her unit. She contended her doctor advised
against being near chemical pesticides. She notified the condo that she
didn't want pest control to be conducted in her unit, and the association
stopped spraying from 2005-2009. The owner says she used an alternative
form of pest control during that time.
Click here to read full article:
http://www.hoaleader.com/members/Florida-Courts-Homeowner-Association-Authority-Enter-Units-Has-Limits.cfm
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HOA Boards: Where Does Your Association's Right to Enter Owners' Units End?
Two Florida cases are reminders to HOA boards that their access to owners'
units is broad, but it's not unlimited. In one case, the board wasn't
permitted automatic access to do monthly pest control treatment. In
another, which the more recent opinion relied on, the court found a condo
association didn't have an automatic right to enter an owner's unit to
perform balcony repairs. Here we explain the cases and discuss the limits to
your right of entry in various states.
Click here to read full article:
http://www.hoaleader.com/members/HOA-Boards-Where-Does-Your-Associations-Right-Enter-Owners-Units-End.cfm
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Anger and Apathy at Your HOA:
Best Practices to Beat These Bedeviling Issues
HOAleader.com Webinar
Wednesday, September 10, 2014 - THIS COMING WEDNESDAY!
2:00-3:00 PM Eastern Time
Are angry and disruptive owners increasingly taking their toll on you,
your fellow community association board members, and your community? Are
you frustrated by the apathy among your fellow homeowners that's also all
too common? Take a deep breath and start turning those stress-inducing
challenges into worries of the past!
Join us for an in-depth webinar on September 10 led by two professionals
experienced in successfully managing anger and apathy challenges among
HOA owners--a California lawyer and a Florida community manager
who've each represented community associations for more than a decade.
http://www.hoaleader.com/snip/171.htm
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