Q. Can a board restrict access to voice recordings of an executive closed session board meeting?
—Concerned About Ethics
A. “The question posed as to whether or not a voice recording of an executive session of the board of directors can be restricted raises a number of concerns and issues about the purpose of recording the meeting in and of itself,” says attorney John Roman of Hubschman and Roman, P.C., based in Palisades Park.
“In a corporate environment, taking minutes at a meeting may be a routine practice and may even satisfy certain legal requirements. However, the transcribing or recording the conversations of a closed executive session in a residential association board meeting can have serious consequences and implications in the event of a lawsuit against the association, which involves an issue discussed and recorded at the closed session meeting.
“Unlike governmental agencies or publicly held companies, there is no specific statutory requirement in the state of New Jersey requiring community associations to record executive meeting minutes. However, one should review the association’s governing documents to determine whether they state or provide otherwise.