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Recording HOA mtg when Atty present

Dennis, just finished an open board meeting. They brought in our HOA attorney, who sat in for free. They started the meeting saying that in Arizona, it’s illegal to record an HOA meeting if the atty is present and he does not give his consent to be recorded. The atty then said he does not consent to being recorded.

With that, they shut down our Arizona right to record the meeting.

Is that legit?

3 Responses

  1. Fish7

    The more I think about this, the more it can’t possibly be right.

    If it were, anyone who’s an attorney (non-board member or not) could simply attend an HOA meeting and say “hey, I’m an attorney, and I do not consent to being recorded” and thereby shut down our Arizona right to record any HOA meeting. The board could have their atty sit in via Zoom (these are done via zoom), the atty could be doing other work entirely so no cost to the HOA, and say “I do not consent to being recorded” and, with that, prevent us from ever recording any of our HOA meetings.

    This simply cannot be true. Your thoughts, Dennis?

    1. Dennis Legere

      Arizona is a single party state, and anyone can record a public meeting or any individual without their consent in a public area, even if an attorney is present. If the attorney is giving the association legal advice, they can adjourn and go into executive session. Relative to recording HOA meetings the law is clear anyone can record the meeting unless the association records it for them. If the attorney actually did that, he is lying but then again that is what attorneys do. You have a right undr Arizona law, I worked hard to give you that right, don’t let anyone take it away from you.

      Dennis

  2. Fish7

    Thank you, Dennis!
    A friend emailed the atty to ask for the specific AZ statue that grants his alleged “ATTORNEY EXCEPTION” claim.
    No word yet. If I hear anything, I’ll post it here .
    Thanks again!

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