Tape Recording Annual Meeting California

[rhogfors]

We had an Annual Meeting here in the State of California. Some very heated issues were debated by The Board and other owners. The Secretary of the Board later said that they had audio taped all the conversations at this meeting and other meetings in the Past. No one on the Board ever stated that they were recording this meeting.
I thought this is a two party state. No one announced to all present that their statements were being recorded. I believe this is against the Penal Code 632 of California. The meeting was held in the Rec room of the condo. I was on the board for many years and we never taped conversations. Please advise Thank You

 

[rmet4nzkx]

This is a public meeting, that section of code does not apply. If you were relying on minutes, wouldn't you want an objective record?

Cal. Penal Code §§ 631, 632: It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

It is also a crime to disclose information obtained from such an interception. A first offense is punishable by a fine of up to $2,500 and imprisonment for no more than one year. Subsequent offenses carry a maximum fine of $10,000 and jail sentence of up to one year.

Eavesdropping upon or recording a conversation, whether by telephone (including cordless or cellular telephone) or in person, that a person would reasonably expect to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications.

Conversations occurring at any public gathering that one should expect to be overheard, including any legislative, judicial or executive proceeding open to the public, are not covered by the law.

An appellate court has ruled that using a hidden video camera violates the statute. California v. Gibbons, 215 Cal. App. 3d 1204 (1989). However, a television network that used a hidden camera to videotape a conversation that took place at a business lunch meeting on a crowded outdoor patio of a public restaurant that did not include "secret" information did not violate the Penal Code's prohibition against eavesdropping because it was not a "confidential communication." Wilkins v. NBC, Inc., 71 Cal. App. 4th 1066 (1999).

Anyone injured by a violation of the wiretapping laws can recover civil damages of $5,000 or three times actual damages, whichever is greater. Cal. Penal Code § 637.2(a). A civil action for invasion of privacy also may be brought against the person who committed the violation. Cal. Penal Code § 637.2.

 

[rhogfors]

Tape Recording Meeting State of California

Yes, I would most certainly want an accurate account of the meeting. My main question is that The Board should tell all present that their conversations are being recorded. We are also owners and should be aware that such a practice has been intiated either by letter or stated at such meetings. When you go to a DMV office and they are doing recording. They always inform you that you are being taped you may decline or agree. Why are equal owners of a 24 unit condo, also not given that courtesy? This is a practice that the other 19 members had no knowledge of. May I ask if one asks do not record me must they shut off the tape? Should not all Unit Owners be aware of this practice?

Thank You