There is a growing trend of live streaming HOA meeting sessions, but whether or not this is required or even an acceptable alternative to virtual meetings isn’t all that simple. Associations should review both state laws and their governing documents closely for guidance.
Is Live Streaming HOA Meeting Sessions Legally Required?
Most states require associations to hold open meetings, allowing all members to attend and participate. With modern technology, shifting meetings electronically is now a common practice. In fact, many states enable associations to hold meetings remotely or through electronic means.
That said, live streaming is a different beast altogether. It is important to note that live streaming and virtual meetings are not the same.
Live streaming doesn’t allow for audience participation. Instead, homeowners are relegated to simply being viewers, watching everything unfold from a distance. In contrast, virtual or electronic meetings, as those held on Zoom and similar platforms, allow for audience participation and interaction.
As of writing, there are no state statutes that require live streaming HOA meeting sessions. Still, associations can allow live streaming or broadcasting, provided state laws and the governing documents authorize it.
Why HOAs Consider Live Streaming Meetings
There are several reasons why an HOA would want to live stream meetings. These include increased owner engagement, better transparency, and facilitating a quorum. Let’s break these down below.
1. Increased Owner Engagement
Although live streaming doesn’t support interaction, it can still improve engagement in the community. Through such broadcasts, absentee owners or seasonal residents can stay up-to-date on all association matters even without physical presence.
2. Better Transparency
Live streaming HOA meeting sessions promotes transparency. It can help build trust by letting members see board discussions firsthand. Of course, they can always attend these meetings personally, but live streaming allows for remote observation.
3. Facilitating a Quorum
If the governing documents permit, viewers of a live stream may be counted towards a quorum. Many associations struggle to meet quorum requirements due to absentee or seasonal residents. Live streaming HOA meeting sessions may encourage greater participation, thereby achieving quorum.
Potential Drawbacks of Live Streaming HOA Meeting Sessions
As with many things, live streaming also comes with its pitfalls. Live streaming meetings can expose the HOA to legal risks, litigation issues, access control problems, and technology concerns. Let’s break these down below.
1. Legal Risks
There are specific privacy concerns related to live streaming. Attendees may not want to be recorded, especially without their consent.
2. Litigation Issues
Associations are no strangers to litigation. In the event of disputes or insurance claims, the recordings may be used against the association.
3. Access Control Problems
Most associations only allow members and their representatives to attend meetings. With live streaming, there is a risk of broadcasting meetings to non-members or the general public.
4. Technology Concerns
Live streaming can be beneficial for engagement and transparency, but viewers may become frustrated if technology issues hinder the broadcast. These issues include poor internet connections, sound issues, and interruptions.
Can HOAs Prohibit Live Streaming by Owners?
Some situations may find owners streaming meetings without board approval. A resident may live-stream the meeting on Facebook for fellow members to see. They may just be bored and want to stream the meeting online.
In most cases, HOAs can prohibit live streaming by owners, but it ultimately depends on state laws and the governing documents. Some states have two-party consent laws, which means all parties must agree to the recording to make it legal.
In other states, members have the right to record board or membership meetings. Florida is one example. Under Section 720.306 of the Florida HOA Act, any homeowner may tape record or videotape meetings, but the board can adopt reasonable rules covering the action.
In California, HOA boards have the option to record and post their meetings. That said, no individual board member or homeowner can record board meetings under the Davis-Stirling Act.
Best Practices for Live Streaming HOA Meeting Sessions
State laws and governing documents permitting, an HOA should adopt best practices when it comes to live streaming meetings.
1. Check for Authorization
Boards and homeowners should check two things before allowing live streaming: state laws and the governing documents. If an association wishes to enable live streaming, provided state laws also allow it, it is imperative to amend the rules to make it a standard for all homeowners.
2. Choose the Right Platform
Many platforms have live streaming features, including Facebook Live and YouTube. To avoid privacy concerns and leaks, boards should pick a platform that offers strict access controls.
3. Use Basic Equipment
Associations don’t need to invest in professional cameras and expert-level microphones. Even something as simple as a smartphone or camera with good audio quality can get the job done.
4. Ensure a Stable Internet Connection
Internet connectivity problems can lead to disruptions. Associations should ensure they have a stable connection before live streaming.
5. Establish Privacy Rules
Boards should notify attendees about the recording. It’s also best to include disclaimers to indemnify the association.
6. Do a Practice Run
To ensure everything goes smoothly, boards can do a test run of the live streaming before the meeting proper. This will allow the board to spot problems and prevent technical issues.
7. Decide on a Placement
An association has two options: set up a static camera or assign a cameraman. A static camera doesn’t move, so it’s best to place it somewhere it can capture the whole meeting.
On the other hand, the board can assign someone to man the camera. They can move it around to highlight different speakers. Of course, they should avoid moving the camera around too much and too fast to make the viewing experience smoother.
Should Boards Allow Remote Participation?
Live streaming HOA meeting sessions are view-only, whereas virtual meetings are interactive. The latter allows attendees to speak up and have an active role in the meeting.
Whether or not an association should allow remote participation depends on state laws and the governing documents. Recent legislation in North Carolina will enable associations to hold meetings virtually, including live streaming. Some states still require physical attendance for quorum and voting.
The general advice is that, if state laws permit it, associations should make use of virtual participation. Combining virtual meetings with physical ones will make it easier to achieve a quorum. It also improves engagement, boosts transparency, and builds trust.
Getting Help
States have differing laws regarding live streaming HOA meeting sessions. Some states allow it and block associations from banning it. Others are stricter, with rules that outright prohibit it. When in doubt, consider hiring a lawyer or an HOA management company for assistance.
An HOA management company can offer guidance and support during meetings. Start looking for the best one in your area using HOA Explore!
