“I’m Recording You!” Dealing With Phones, Livestreams, and Cameras in the Room

Few moments freeze an HOA board faster than a homeowner walking in, setting a smartphone on a tripod directly in front of the head table, and announcing: “I am livestreaming this to Facebook and recording every word you say.” This scenario is just one example of the HOA Board Issues that can arise and catch everyone off guard.

Does an owner have the right to film a meeting? How should directors respond without escalating the confrontation?

Check the Legal Landscape First

Recording rights vary significantly depending on your state’s specific HOA statutes (such as California’s Davis-Stirling Act, Florida’s Chapter 720, or North Carolina’s Planned Community Act):

• Statutory permission: Some states explicitly permit owners to audio or video record any open board meeting, provided the recording does not disrupt proceedings.
• Governing document silence: In states where statutes are silent, boards have the legal right to establish reasonable rules and regulations regarding the time, place, and manner of recordings.

Three Ground Rules to Adopt Before It Happens

If your board permits recording, or if state law mandates it, adopt a clear administrative policy so expectations are set in writing beforehand:

1. Stationary placement only: Cameras must remain on a stationary tripod or table at the back or side of the room. Owners may not walk around, thrust phones into directors’ faces, or obstruct anyone’s sightlines.
2. Advance notice: Require owners intending to record to notify the board chair prior to the call to order so an announcement can be made to the room.
3. No recording in Executive Session: Executive sessions (addressing confidential personnel, delinquent account collections, legal counsel advice, or violation hearings) are strictly confidential under state law. Recording devices must be turned off and removed without exception.

How to Conduct Yourself On-Camera

If a resident is filming, do not panic, swat at the camera, or refuse to speak. Treat the camera as an asset for transparency:

• Stick strictly to the agenda and parliamentary decorum.
• Refrain from casual banter, off-the-cuff jokes, or editorial commentary about specific owners.
• Remember that your statements reflect your fiduciary duty. A calm, methodical board looks professional on any recording, regardless of how the video is edited or shared later.

HOA BluePrint.com has created a Basic Starter Kit for Board Members with help in setting these boundaries and rules for meetings. See more HERE.