Audio Recording, Meetings Q: Is it legal in California for a homeowner to secretly tape a HOA meeting. What rights do I have as a homeowner when I find that I have unknowingly been taped of my comments as a homeowner at a monthly HOA meeting? Does any homeowner have the right to tape without disclosure? Does the Board have the right to negate the use of audio recordings? A: Although I cannot advise you
Q: I have learned that our school board viewed files of a student in closed session. I learned that the file contains information about the student’s behavior. My further question is: Is there something in law that allows the board to meet in closed session when reviewing such materials? They regularly meet in closed session to deal with student expulsions. A: For the purposes of responding to your question, we assume that the school district
Q: The manager of an apartment complex where a murder has occurred wants to deny our reporters access to tenants. We want to knock on doors and ask renters if they will be interviewed. Can he prevent us from doing this? Is there a citation? A: It has long been the law in California that it is the person who actually occupies the premises, rather than the owner or property manager, who has the right
Potential Eavesdropping, Amplifying Speakerphone Q: Does Penal Code section 632 (a) include a speakerphone conversation in the definition of “electronic amplifying”? I use speakerphone while working on the computer, however none of my conversations are considered confidential. A: I believe you want to know whether listening to another’s conversation amplified through a speakerphone could be the basis for a violation of Penal Code Section 632(a). The answer would depend on the particular facts of the
Newsracks and Shopping Centers Q: There is case law covering placement of news racks and stands on shopping center property. As I recall if they allow one paper to display their newspaper they have to allow all of them. And that they need to have a policy that clearly states what they allow. Currently I have a problem with a shopping center who without notice removed all the free newspaper racks from their shopping center