California Penal Code Section 632

Why is the Board President communicating California Penal Code Section 632 to certain members when they attend Board Meetings in person or over the phone? This is a recent practice that began in Fall 2022.

What is Penal Code Section 632? According to the Board President, “it is a crime to intentionally use a recording device to eavesdrop on a confidential communication without the express consent of all parties to the communication.” A similar phrase is written on monthly Sevilla HOA Agendas. “Please be advised that pursuant to California Penal Code 632 it is a crime to intentionally use a recording device to eavesdrop on a confidential communication, without the express written consent of all parties to the communication.”

Unfortunately, the Board president is ill-informed. “The prohibition does not apply to open board meetings or to membership meetings. Private membership meetings are deemed public forums for the limited purpose of free speech by the membership (Damon v Ocean Hills). As a result, recording a board or membership meeting does not necessarily violate Penal Code § 632.”

Instead of threatening Association members, the Board of Directors should have adopted rules regarding recording board meetings if they thought that was necessary.