Can the BOD refuse to record Annual Meeting

[Guest just a guest]

We are having our annual meeting via Zoom platform and the members of the association would like it recorded.  Can the BOD refuse?  and if so can we require they record as it is the homeowners meeting not a BOD meeting? or can we record on our own?  we are in NC where it is a one party recording state

thank you

[Josh Martin]

23 minutes ago, Guest just a guest said:

We are having our annual meeting via Zoom platform and the members of the association would like it recorded.  Can the BOD refuse?

If individual members request that the meeting be recorded, the officers responsible are free to refuse this request so far as RONR is concerned. If the assembly orders (by majority vote) that the meeting be recorded, however, those officers are obligated to comply.

The board as a whole does not really have any ability to make any decisions in this matter, since the board is not in session during a meeting of the association.

23 minutes ago, Guest just a guest said:

and if so can we require they record as it is the homeowners meeting not a BOD meeting?

Yes, the assembly may require that the meeting be recorded.

23 minutes ago, Guest just a guest said:

or can we record on our own?

It is at the assembly's discretion whether to require, permit, or prohibit recordings of the meeting, so far as RONR is concerned.

All of the answers above relate to the rules in RONR. Legal questions are beyond the scope of RONR and this forum.

Edited January 26, 2021 at 02:39 PM by Josh Martin

[Guest Puzzling]

1 hour ago, Guest just a guest said:

We are having our annual meeting via Zoom platform and the members of the association would like it recorded.  Can the BOD refuse?  and if so can we require they record as it is the homeowners meeting not a BOD meeting? or can we record on our own?  we are in NC where it is a one party recording state

thank you

What is an "one party recording state "?

For homeowners associations I would also refer to the Homeowners protection bureau hopb.co , most regulations  for a hoa are in (state)laws and they are there to help you.

There should at least be minutes of the meeting and although they need most usually do not contain all what is said they do give an list from what is done. 

I am not sure has the meeting already happened or is your question on a future meeting?

[Richard Brown]

43 minutes ago, Guest Puzzling said:

What is an "one party recording state "?

A state which permits recording of conversations  with the consent of only one party, which is usually the party doing the recording. Some states require the consent of both parties to a private conversation. I do not know how those laws apply to group meetings, except that it’s my understanding that in one party consent states as long as the party doing the recording consent to it it’s OK.

[Richard Brown]

1 hour ago, Guest just a guest said:

or can we record on our own? 

Assuming there is no legal Prohibition, i would like to point out that I believe that zoom permits only the host to use the zoom  option to record meetings. I could be mistaken, but I don’t believe that individual meeting participants can record the meeting on zoom, although you could perhaps  find some other means of recording it.

[Guest just a guest]

thank you all.  yes to Richards summary of the one party recording.  that was what I understood of our states law.   That all being said we intended to record outside of zoom if necessary, but hoped that if the board of directors (who are the "host") refused to record we could require them to through zoom and post to the HOA association page for transparency.  we have had issue with this BOD's "interpretation" of the minutes they provide for meetings when they provide any at all
 

[Guest Puzzling]

You are (as member) entitled to see the minutes (RONR 12ed 47:33 5th point, this is under duties of the secretary) , but probably some state law says the same or even more.

Also there should be some rule of order /bylaw article or law about who and when the minutes are approved. 

Good luck