Questionable Dialogue Deleted from Condo Association Board Meeting Recording

J.J. from Florida writes:

Dear Mister Condo,

I serve on the Board of Directors as Vice President of a Florida condominium. Recently, the Secretary of the Board relayed via email that she had deliberately removed from tape dialogue between the President and Property Manager during a board meeting. Is this an illegal or actionable matter?

Mister Condo replies:

J.J., since I am not an attorney, I cannot offer you legal advice in this column. You should speak with a qualified community association attorney in your state (there are many!) for a legal answer. Let me offer some friendly advice instead. Do you know what kind of statements were deleted? For instance, “How about that Marlins game last night?” and the associated banter that accompanies such a statement is hardly scandalous or of interest to the association. Even off the cuff remarks about anything other than association business are hardly of interest to unit owners or other Board Members. If the dialogue was specifically about association business and you suspect foul play is going on, you should certainly speak to an attorney and describe what you know to have happened. Presumably, you were at the Board Meeting and know what was said. Minutes of Board meetings are the official record of what happened. Motions, votes, and so on. If it isn’t in the Minutes, it never happened. If you suspect foul play, take action. If not, let it go, and keep an eye on the situation. If this is an ongoing problem, there may be more to it than meets the eye. All the best!

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