By Beth Mulcahy, Esq.
Yes. Pursuant to Arizona law A.R.S. 33-1804 / Condo A.R.S. 33-1248, owners attending open board meetings are allowed to tape and/or video record a meeting, subject to reasonable rules and regulations adopted by the board.
Our firm recommends that associations adopt reasonable rules and regulations regarding a homeowners’ ability to tape or video record open board meetings.
Set forth below are some sample rules for this purpose (select the rules and regulations the board feels are applicable and/or comfortable with):
Any owner intending to tape or video record a meeting must first provide the association written notice 24 hours prior to the start of the meeting;
- In order to prevent interruptions, all recording equipment must be in position 15 minutes prior to the start of the meeting;
- Any recording equipment shall not produce sound or distracting light emissions;
- All owners utilizing recording equipment must set up the recording equipment in the place designated by the association;
- All recording equipment is the responsibility of the owner; the association is not obligated to provide equipment;
- If any recording equipment fails, the association will not stop the meeting while the equipment is reset;
- Any owner recording a meeting must provide the association an unabridged copy of the recording within ten (10) days after the meeting;
- Any recording shall not be disseminated to third parties outside of the association without the written consent of the board;
- No recording of a meeting shall be posted, or otherwise made available on the internet, without the written consent of the board; and
- A non-member is prohibited from recording the meeting without the prior written request and approval by the board.
