How do we adopt an HOA policy on recording board meetings?

By OurHOA · General information · Revised October 18, 2026

How an HOA board writes a policy on recording board meetings: owner recording rights in FL, TX and CO, the board's own recordings, retention, and wording to copy.

Part of the HOA board handbook: running the board.

The short answer

Write one short policy that answers four questions: may owners record, does the association record, how long are the association's recordings kept, and who gets to see them. Adopt it by vote at an open meeting and send it to every owner before it takes effect. The policy cannot take away a right your state gives owners. In a Florida HOA or condominium, owners have a statutory right to record board meetings, so the board can set reasonable rules about how, not whether. Florida condominiums that meet by video conference must also record those meetings and keep the recordings as official records. Texas and Colorado HOA statutes say nothing about recording board meetings, which leaves more to the bylaws and the board's rules. Recording laws, open-meeting rules and governing documents all differ by state and community, so have the association's attorney read the draft. This guide is general education, not legal advice.

What the law says in Florida, Texas and Colorado

Florida HOAs: section 720.306(10) says any parcel owner "may tape record or videotape meetings of the board of directors and meetings of the members," and the board "may adopt reasonable rules governing the taping" of those meetings. Florida condominiums: section 718.112(2)(c) gives unit owners the right to record board meetings, and section 718.112(2)(d)9 does the same for unit owner meetings, subject to rules of the state's condominium division. The division's rule 61B-23.002 used to list specific limits, such as equipment that makes no distracting sound or light and advance notice of intent to record. The version that took effect June 18, 2026 no longer contains that list, so ask counsel what limits a condo board can set now. Since July 1, 2025, a condo board meeting or owner meeting held by video conference "must be recorded" and the recording kept as an official record. Texas: Property Code section 209.0051 covers notice, open meetings and meetings held by phone or video, and requires minutes in written form, but it does not address recording. The chapter does give both the owner and the association the right to make an audio recording of a violation hearing, in section 209.007(c), and of an architectural appeal hearing, in section 209.00505(h). Colorado: CCIOA, including the meetings section 38-33.3-308, does not mention recording. Where the HOA statute is silent, criminal recording law still applies. Texas Penal Code section 16.02 and Colorado's eavesdropping and wiretapping statutes, sections 18-9-303 and 18-9-304, generally allow a recording when at least one party to the conversation consents. That rule is about crimes, not about what an association may require at its own meetings.

Decide whether the association records

This is a separate decision from owner recordings, and it carries more work. A board has three realistic choices. 1. Do not record. The written minutes are the official account of the meeting. This is the simplest choice for a small association that meets in person. 2. Record to help the secretary write minutes, then delete the recording when the board approves them. Say so in the policy, and follow it every time. A recording kept for some meetings and deleted for others looks like the board is hiding the ones it deleted. 3. Record and keep. This suits associations that hold meetings online or have owners who cannot attend in person. Florida condominiums that meet by video conference have no choice. Section 718.111(12)(a)6 makes the recording an official record and requires keeping it at least 1 year after it is posted, where minutes are approved. Under section 718.111(12)(g), an association with 25 or more units must post the recording, or a link to it, on its website or app within 30 days, and keep the last 12 months of recordings posted. For a Florida HOA, section 720.303(4) keeps official records for at least 7 years and includes a catch-all for other written records related to the association's operation. The statute does not say whether an audio file is one of them. If the association keeps a recording, assume an owner can ask to see it and treat it as a record. Our guide on holding an HOA annual meeting online or hybrid covers the video meeting setup itself.

Rules for owners who record

Keep the rules about how, never about whether, where state law gives owners the right. Reasonable rules that many boards adopt: - Tell the chair before the meeting is called to order that you will record, so the chair can announce it. - Set up equipment before the meeting starts and record from a fixed spot. Tripods stay out of aisles and exits. - No lights, flashes or devices that make noise. - No recording of executive session. Owners leave the room or the video call for that part of the meeting, so there is nothing to record. - Remote attendees follow the same rules. A meeting bot or automatic transcription service counts as a recording. A board should not require owners to ask permission, sign a release, pay a fee or promise not to post the recording. In Florida those rules would likely go beyond "reasonable rules governing the taping." Anywhere, they invite a dispute the board does not need. Our guide on whether you can record an HOA board meeting covers the owner's side.

Policy wording to copy

Adapt this to your documents and state law. "Meeting Recording Policy. 1. Owner recordings. Any owner may make an audio or video recording of the open portion of a board or membership meeting, subject to these rules. An owner who plans to record will tell the chair before the meeting is called to order. Equipment must be set up before the meeting begins, stay in one location, and not produce light or sound. 2. Executive session. No person may record an executive session. 3. Association recordings. The association [does not record meetings / records open meetings to assist in preparing minutes and deletes the recording when the minutes are approved / records open meetings and keeps each recording for [period]]. 4. Online meetings. [Florida condominiums: Every meeting held by video conference will be recorded, kept as an official record, and posted as state law requires.] 5. Access. Association recordings that are kept are available to owners in the same way as other association records. 6. Announcement. At the start of each meeting the chair will announce whether the association or any owner is recording." Motion for the minutes: "Motion to adopt the Meeting Recording Policy dated [date], effective [date], and to deliver a copy to all owners." Chair's announcement at the start of each meeting: "This meeting is being recorded by the association and by [owner name or 'an owner']. The executive session at the end will not be recorded."

Adopting it so it holds

Follow your bylaws and state rules for adopting a board rule. A typical order of steps: 1. The secretary drafts the policy from the wording above and checks it against the bylaws and any existing rules. 2. The association's attorney reviews it, especially in a Florida condominium after the 2026 rule change. 3. The draft goes on the agenda of an open board meeting, with copies available to owners. 4. The board votes and records the motion in the minutes. 5. The policy goes to all owners and onto the association's website or portal before the effective date. In Texas, check with counsel whether the policy is a dedicatory instrument. Property Code section 202.006 says a property owners' association's dedicatory instruments have no effect until filed in the real property records of each county where the property sits. If counsel says it qualifies, file it before you rely on it. A sample schedule: draft in week one, attorney review in weeks two and three, adoption at the next regular board meeting, notice to owners the same week, effective 30 days later.

Mistakes boards make

Banning recordings outright, or telling owners to put their phones away, is the most common mistake, and in Florida it collides with the statute. Next is recording executive session by accident. Stop the association's recording before the board goes into closed session, check that the call's cloud recording has stopped too, and say so in the minutes. Other problems come up often. A director records a meeting on a personal phone, and the file sits outside the association's records with no rules. The secretary writes minutes from memory while a recording exists that says something different. The board posts a recording that captures an owner's account balance or a medical detail mentioned during open forum. Keep owner account discussions in executive session, and remind owners during open forum that the meeting is being recorded. Finally, follow your own policy. If the policy says recordings are deleted when minutes are approved, delete them every time, and note in the minutes that it was done. Review the policy each year when the new board takes office.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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