Q: What constitutes a "conversation" for purposes of legal recording in Colorado? Must you stop recording when asked?
I attended an HOA meeting last week where a homeowner was taping the meeting. He came in, said "Hi", was acknowledged by some board members, then sat down and listened to the remainder of the meeting. Eventually, someone noticed that he was recording the discussions. There is nothing in the HOA governing documents that addresses the taping of meetings. Colorado is a "single consent" state and he was in a small room where he could easily hear the discussion. The format of the meeting is such that homeowners must wait until the "homeowner's forum" to discuss any issues, though he did not speak up at that time. He was told by Board members that he had to stop the taping. Since he was present at the meeting and everyone knew he was there, was he considered part of the conversation for purposes of "single consent"? Furthermore, did he have the right to continue recording after he was asked to stop? I'm specifically looking at C.R.S. 18-9-304.
A: If you want specific advice and guidance you will need to hire a lawyer for their legal opinion (Justia is only for general information). Turning to section 304, you are correct Colorado is a single consent state without a requirement of notification, however, look at the language "not visibly present during a conversation or discussion". If you need some guidance look at this case People v. Palmer, 652 P.2d 1092. As for the requirement that recording stop when asked, the answer is less clear. Arguably for private (non-government) meetings, the group can restrict recording (just like they could require that no minors be present, etc.). The vague issue is whether a is HOA semi-governmental (since participation is mandatory) or is it wholly a private club/association? To my knowledge, Colorado has not definitely defined HOAs as private or semi-governmental.
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