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An owner is filming me at the front desk or recording my phone call — what do I do?

What a Florida condo or HOA manager can say and do when an owner films staff in the office or records a call, and how that differs from recording meetings.

If an owner is recording a board or membership meeting, let them: that is a statutory right (§ 718.112(2)(c); § 720.306(10); § 719.106(1)(c), Fla. Stat.). A conversation at the front desk or on the phone is different. Florida's interception law generally prohibits recording a private conversation or call unless everyone consents (§ 934.03(1)(a), (2)(d)), but whether a particular recording is lawful depends on the facts. Stay calm, say you don't consent if you wish, end the conversation, and continue in writing. Legality is counsel's or law enforcement's call.

In the moment: what to do

  1. Assume you're always on camera. Behave the way you'd want to see played back. A calm manager makes a dull video.
  2. Hear it. Let the owner say what brought them in. The phone is usually a symptom; the real issue is a fine, a repair or a feeling of being ignored.
  3. Name it. Label the concern, and the camera if you want: "It sounds like you want a record of this because you feel you haven't been taken seriously."
  4. State it. If you don't want to be recorded, say so once, plainly: "I don't consent to being recorded. I'm glad to help you in writing." Don't argue about the law.
  5. Don't grab, block or swat the phone. Physical contact turns a recording dispute into a safety and liability problem. Step back instead.
  6. Next step. End the conversation politely and move it to email: "I'll email you about the pool gate by tomorrow." On the phone, say you're ending the call and will follow up in writing, then hang up.
  7. Check safety. If the owner follows staff, blocks a doorway or threatens anyone, stop and call 911. That is no longer a recording issue.
  8. Write it down the same day. Date, time, place, who was present, what was said, and what you promised. Save any related messages. See the record preservation checklist.
  9. Tell the board briefly, especially if the video goes online or the owner mentions a lawsuit.

What to say

To acknowledge the concern:

  • "I can see you want a record of this. That's understandable."
  • "It sounds like you feel nobody has been listening."

To state your position calmly:

  • "I don't consent to being recorded. I'm happy to continue by email."
  • "I'd rather put my answer in writing so you have it exactly."
  • "I'm not going to argue about the phone. Let's talk about the gate."

To end and redirect:

  • "I'm going to end this conversation now. I'll email you by [day]."
  • "I'm ending this call now and will follow up in writing today."
  • "You're welcome to record the board meeting on the [date]; this item will be on the agenda."

To hold the line (broken record):

  • "I understand. I'll answer in writing."
  • "My answer is the same. You'll have it by email."

What to write afterward

Subject: Following up on your visit to the office on [DATE]
Dear [OWNER NAME],
Thank you for coming by the office on [DATE] about [TOPIC]. I want to make sure you get a complete answer.
As I mentioned, I prefer to handle questions like this in writing rather than in a recorded conversation at the front desk, so that you have the information exactly and nothing is missed.
On [TOPIC]: [BRIEF FACTUAL ANSWER, e.g., the pool gate repair is scheduled for DATE with VENDOR]. [IF A BOARD DECISION IS NEEDED: The Board will consider this at its meeting on DATE. Owners may attend, speak on agenda items, and record the meeting under the association's written rules.]
For future questions, please email me at [ADDRESS]. I will respond within [NUMBER] business days. For emergencies, please call [NUMBER].
Thank you for your patience while we work on this.
Sincerely,
[MANAGER NAME], CAM
[MANAGEMENT COMPANY]
On behalf of the Board of Directors, [ASSOCIATION NAME]

What Florida law allows (and doesn't)

  • Board meetings: owners may record. Condo (§ 718.112(2)(c)), HOA board and members' meetings (§ 720.306(10)), and co-op (§ 719.106(1)(c)). Reasonable rules can govern how. For condos, the DBPR rule allows only non-distracting equipment and lets the association require set-up in advance, no moving around and advance notice only if adopted in writing beforehand (Fla. Admin. Code R. 61B-23.002(10)). See owners speaking at and recording meetings.
  • Closed sessions are different. Owners have no right to attend, or record, a closed attorney or personnel session (§ 718.112(2)(c)5.; § 720.303(2)).
  • Private conversations and calls. Chapter 934 generally prohibits intercepting a wire, oral or electronic communication (§ 934.03(1)(a)), with an exception when all parties consent in advance (§ 934.03(2)(d)). A phone call is a "wire communication" (§ 934.02(1)). An "oral communication" is one spoken with a justified expectation that it won't be intercepted, and does not include public speech at a public meeting (§ 934.02(2)).
  • The facts decide. A lobby full of residents, an open front counter, a private office and a phone call may each be analyzed differently. Don't tell an owner their recording is illegal. Say you don't consent, end the conversation, and let counsel or law enforcement assess it.
  • Office notices and cameras. A posted office recording policy, and the association's own cameras or audio, should be reviewed by counsel first.

Instead of… / Try…

Instead of…Try…Why
"That's illegal, turn it off.""I don't consent to being recorded. Let's continue by email."Legality depends on facts; consent is yours to give.
Reaching for the phoneStep back and end the conversation.Physical contact creates a safety and liability problem.
"You can't record board meetings either.""You're welcome to record the board meeting."Statutory right (§ 718.112(2)(c); § 720.306(10); § 719.106(1)(c)).
"I'm recording you too, then."Ask counsel about the association's recording practices.Your recording raises the same consent questions.
"You'll be banned from the office.""Please send questions to [address]."Office restrictions are a board and counsel decision.

Copy this prompt into your AI tool

Help me, a Florida community association manager, write a short follow-up email to an owner who recorded me on their phone during a conversation at [the front desk / on a call] on [DATE] about [TOPIC]. Structure it as Hear, Name, State, Next: acknowledge the owner's concern, name it without judgment, state that I prefer to handle the matter in writing, and give the next step and date. Answer the underlying question using only these facts: [APPROVED FACTS]. Follow BIFF: brief, informative, friendly, firm. Do not say or suggest the recording was illegal, do not threaten consequences, make no admissions, promises or legal conclusions, and do not mention other owners. Note that the owner may still attend and record board meetings. Mark anything that needs the board or counsel as [CHECK]. Under 200 words.

Before pasting, remove names, unit numbers, account balances, medical details and anything privileged.

Manager or lawyer?

Usually manager work (ministerial)

  • Declining to be recorded and moving a conversation to email.
  • Writing incident notes and preserving messages and footage.
  • Applying the association's existing written meeting-recording rules evenly.

Call association counsel when…

  • Someone asks whether a recording was legal or should be reported.
  • The board wants an office recording policy or a posted notice.
  • Questions arise about the association's own cameras or audio recording.
  • The video is posted online with accusations, or the owner threatens to sue.
  • The board wants to limit the owner's office visits.

Deciding whether conduct violates a statute is legal judgment (The Florida Bar re Advisory Opinion – Activities of Community Association Managers, No. SC13-889 (Fla. May 14, 2015)).

Frequently asked questions

Can an owner record me at the front desk?

It depends on the facts. Florida's interception law generally requires all parties' consent to record a private conversation (§ 934.03(2)(d)), but a conversation in an open, public setting may not count as private. You may say you don't consent and end the conversation.

Can an owner record a phone call with the manager?

A phone call is a "wire communication" under § 934.02(1), and the all-party-consent exception in § 934.03(2)(d) applies to it. If you learn you're being recorded and don't consent, say so and end the call. Questions about a recording already made go to counsel.

Can we stop an owner from recording a board meeting?

Generally no. Owners have a statutory right to record board meetings (§ 718.112(2)(c); § 720.306(10); § 719.106(1)(c)). Reasonable written rules can govern how, but not whether.

Can I record the owner back?

Ask counsel first. Your own recording raises the same consent questions, and the association's camera and audio practices should be set by the board with counsel's advice.

The owner posted the video online. Now what?

Don't reply in the comments. Save the link, tell the board, and see an owner attacking the board on social media.

Talk to association counsel

If owners are recording staff, or the board is considering an office recording policy or its own cameras, counsel can help you set rules that respect owner rights. Call Hamilton Mikes, P.A. at 239-594-7227 or reach us through our contact page.

Statutes and authorities referenced

  • § 718.112(2)(c), Fla. Stat. (condominium owners may record board meetings)
  • Fla. Admin. Code R. 61B-23.002(10) (condominium recording rules)
  • § 720.306(10), Fla. Stat. (HOA parcel owners may record board and members' meetings)
  • § 719.106(1)(c), Fla. Stat. (cooperative owners may record board meetings)
  • § 718.112(2)(c)5., Fla. Stat. and § 720.303(2), Fla. Stat. (closed attorney and personnel sessions)
  • § 934.02(1)–(3), Fla. Stat. (definitions of wire communication, oral communication, intercept)
  • § 934.03(1)(a), (2)(d), Fla. Stat. (interception prohibited; all-party consent exception)

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8850 Terrene Court, Suite 110
Bonita Springs, FL 34135
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