Smile...You're Being Recorded!

Arizona law gives homeowners the right to record all open board meetings.

Persons attending may tape record or videoptape those portions of the meetings of the board 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.

A common tactic employed by numerous boards is to require a homeowner to give advance notice of their desire to record a meeting at least 24 hours before the meeting. Another common ploy is to require anyone who records or videos a meeting to give a copy to the board or face stiff fines. In our opinion, these are not the "reasonable rules" that the statute has in mind. Do you know for sure you are going to attend the next board meeting? Do you know for certain that you want to record or video that meeting? Very often the need to record does not arise until at the board meeting.

In this day and age of the iPhone and recording devices that can fit in a small pocket, it is not uncommon for someone to make a decision whether to record until sitting in a board meeting and watching a board member or manager act improperly. 

You have every right to record the meeting. Do not let the board or its management company bully you with unreasonable rules.