Florida enables recording of HOA meetings:

FLORIDA STATUTE 718.112(2)(C) states: Board of administration meetings.—Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.

If the meeting is done through the phone, to avoid problems caused by COVID-19. Does recording over the phone create a conflict with Florida wire-tapping laws?

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.

Because Florida requires all parties to consent, if any party did not consent then this would veto the right of other owners to record.

Which statute would take precedent and why? Ideally there would be relevant cases to provide precedent.

Florida enables recording of HOA meetings:

FLORIDA STATUTE 718.112(2)(C) states: Board of administration meetings.—Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.

If the meeting is done through the phone, to avoid problems caused by COVID-19. Does recording over the phone create a conflict with Florida wire-tapping laws?

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.

Because Florida requires all parties to consent, if any party did not consent then this would veto the right of other owners to record.

Which statute would take precedent and why? Ideally there would be relevant cases to provide precedent.

Florida Statues: 934.03 Interception and disclosure of wire, oral, or electronic communications excerpt:

(h) It shall **not** be unlawful under this section and ss. 934.04-934.09 for any person:
1. To intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public.
2. To intercept any radio communication which is transmitted:
a. By any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
b. By any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including any police or fire communications system, readily accessible to the general public;
c. By a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
d. By any marine or aeronautical communications system.
3. To engage in any conduct which:
a. Is prohibited by s. 633 of the Communications Act of 1934; or
b. Is excepted from the application of s. 705(a) of the Communications Act of 1934 by s. 705(b) of that act.

Florida enables recording of HOA meetings:

FLORIDA STATUTE 718.112(2)(C) states: Board of administration meetings.—Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.

If the meeting is done through the phone, to avoid problems caused by COVID-19. Does recording over the phone create a conflict with Florida wire-tapping laws? Because Florida requires all parties to consent, if any party did not consent then this would veto the right of other owners to record.

Which statute would take precedent and why?

Florida enables recording of HOA meetings:

FLORIDA STATUTE 718.112(2)(C) states: Board of administration meetings.—Meetings of the board of administration at which a quorum of the members is present are open to all unit owners. Members of the board of administration may use e-mail as a means of communication but may not cast a vote on an association matter via e-mail. A unit owner may tape record or videotape the meetings. The right to attend such meetings includes the right to speak at such meetings with reference to all designated agenda items. The division shall adopt reasonable rules governing the tape recording and videotaping of the meeting. The association may adopt written reasonable rules governing the frequency, duration, and manner of unit owner statements.

If the meeting is done through the phone, to avoid problems caused by COVID-19. Does recording over the phone create a conflict with Florida wire-tapping laws?

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.

Because Florida requires all parties to consent, if any party did not consent then this would veto the right of other owners to record.

Which statute would take precedent and why? Ideally there would be relevant cases to provide precedent.