Can Fl. HOA residents see a copy of video which incriminates a Board member

We have a newly elected Florida HOA Board member who lied about certain things he did pre election emails making false accusations and asking residents to vote for only him and his friend which he claimed he never did, now he admits as he was voted in. He was also caught on video stealing items from a HOA kitchen after complaints came in of missing items. Originally we were told we could make an appointment as this was a copy of a full video that was erased by normal means. Now we are told that it is not part of the written record, therefore we are not allowed to view. A Orlando HOA Lawyer has written that once the tape is copied, it remains part of the ‘record’ and as such can be seen. Our HOA Lawyer says it is not part of written record therefore not entitled to be viewed. What can we do to see this and have us make our own decisions….the Board is standing down trying to bury it, as some of these members are also his friends. What can we do regarding seeing the video and secondly, what can we do, other than recall, to penalize this person.

Asked on March 25, 2017 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You'd have to file a lawsuit against him and/or the board on some basis (consult with your attorney about what grounds you may have) and, in the course of that lawsuit, you could use the processes of discovery, such as a subpoena, to obtain the video. The legal mechanisms, like subpoenas, which can be used to compel the release and provision of relevant evidence can only be used in the context of a filed lawsuit.


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