Q&A: Recording a Board Meeting Recording a Board Meeting

Q Can you videotape condo board meetings in Illinois? Are there any restrictions or rules permitting it and is it legal? If taping is permitted, do the parties in the room being taped have to be told beforehand?

—Camera-Shy

A “There are no restrictions as to the recording of board meetings,” says Allan Goldberg, an attorney at Arnstein & Lehr LLP in Chicago. “In fact, Section 18(a)(9) of the Condominium Property Act specifically allows that any unit owner can record any meetings "by tape, film or other means." This leaves the door wide open for any type of recording device, including of course, videotaping.

“Many boards audiotape or videotape the board meetings. It is not uncommon for board meetings to be broadcast on a closed channel network dedicated solely for building residents; this is no different than broadcasting municipal board meetings, which as we know is very common practice with local municipalities. Therefore, taping is permissible at any open meeting or portion of an open meeting. Parties in the room do not have to be advised beforehand that a taping device will be or is being used.

“Section 18(a)(9) also allows the board to adopt reasonable rules and regulations to govern the right to make any such recordings. We know from experience that the most effective board meetings are structured, organized, and orderly. Therefore, it is good practice for a board to designate a specific area or for placement of a unit owner's video or audio equipment, and may also establish a procedure for setting up equipment in advance of the meeting, turning off, and removing recording equipment only after the meeting is adjourned.”

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Comments

  • Can a voice recording of an executive closed session of a condo board meeting by one of the board's directors be restricted by the board?