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Audio and Video Recording in Community Associations
Community associations increasingly rely on surveillance technology to enhance safety and protect property. Cameras with imbedded microphones are everywhere these days. As systems become more sophisticated, many boards are considering or are already using audio-enabled cameras in common areas. However, in Florida, recording spoken conversations raises significant legal considerations. This is especially true in areas where a reasonable person would think their conversations are private. Associations must navigate stringent consent laws, privacy expectations, and specific notification requirements to remain compliant and avoid liability. This article summarizes Florida’s legal framework governing audio recordings and outlines best practices for boards seeking to implement or update their surveillance programs.
Florida is a two-party consent state, meaning that all parties to a private conversation must consent before they can legally be recorded. This rule applies to in-person, telephone, and electronic communications. Florida Statute §934.03(1)(d) is explicit and specifically states: “It is lawful…for a person to intercept a wire, oral, or electronic communication when all of the parties to the communication have given prior consent.” Because audio recording captures oral communication, compliance with this statute is essential. Failure to obtain proper consent can expose the association to civil and criminal liability…
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