Q&A: Let’s Go to the Videotape

Q. Are there any restrictions or rules in Florida that would permit videotaping of condo board meetings? Is it legal? If taping is permissible, do the parties in the room being taped have to be told of it beforehand? What are the legal and ethical requirements of doing so?

            —Camera-Shy in Hollywood

A.  “Unit owners have the right to tape record or videotape condominium board meetings as long as they use audio and/or video equipment and devices which don’t produce distracting sounds or light emissions,” says attorney Matthew Zifrony, a director with the law firm of Tripp Scott in Fort Lauderdale. “A condominium board also has the right to pass reasonable restrictions pertaining to the manner in which the taping can be done including requiring that 1) the video equipment must be assembled and placed in position in advance of the start of the meeting; 2) any member videotaping or recording a meeting will not be permitted to move about the meeting room; and 3) advance notice must be given to the board by a member desiring to use any audio or video equipment.

“There’s nothing in Florida law that requires the parties in the room to be told ahead of time that the meeting will be taped. With that being said, a board would likely be able to adopt a rule requiring the member desiring to tape the meeting to provide the board with sufficient notice so as to allow the board to be able to let the attendees of the meeting know of the taping as part of the board’s notice of the meeting.”

Q Can a condominium owner be elected president if they have a lien on their condo due to them not paying some of their maintenance fees that they owe to the condo association? Is this a conflict of interest?

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