Illegal audio recording?
Is it legal for an HOA to put up microphones in common areas, turned on 24-7, whether employees/staff are present or not? My interpretation of ARS 13-3005, which describes Arizona as a one-party consent state for audio recording, leads me to believe if the HOA wishes to capture conversations they have to have a physical presence in the effective range of the mic. Otherwise the mic just pics up residents who are conversing who have not granted consent.
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John,
Is this part of a video security system that happens to have audio recording capability as well? It would be quite unusual for any association to install only a voice recording system for the purpose of eves dropping on residents. But I’ve worked with these communities enough to understand that anything is possible and nothing is off limits. Security systems are often used in these communities and sometimes important and necessary for the safety of the residents. So it makes a difference. We are a single party state and your point as to the physical presence of the one party but that does not apply to security recording of public areas to my understanding. I appreciate your concern and it would be appropriate for you and a group of similarly concerned residents to raise this concern to the board at the next open board meeting. Especially if this is only a voice recording device. Ask the board to explain the process they will use to protect the privacy of residents and their private conversations.
Dennis