Q. Can one condominium board member’s voice recording of the board’s closed executive session meeting be restricted by the board?
—Inquiring About Privacy Issues
A. “It is uncertain if this reader’s query is about whether a board can tape a meeting and then divulge its contents,” says Emil Samman, a partner with the firm of Romer Debbas LLP in Manhattan. “But for argument’s sake, let’s suppose that is the case. There is no law that prohibits boards or board members from taping their meetings. That being said, an individual board is free to pass a bylaw or house rule that would prohibit/limit the taping of board meetings and/or executive sessions. Additionally, individual state laws dictate the legality of executive sessions. Most states provide, that at a minimum, the executive session meeting minutes can and should be disclosed.”