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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I am on the Board of Trustees in our community (Its

Customer Question

I am on the Board of Trustees in our community (Its small-103 units) and yesterday we (4 Board members) had a meeting with a Homeowner. At the end of the meeting, when the homeowner left, one of the members said he recorded the conversation. Then, he tried to play it back and could not get anything on it. We did not know he was going to record but it was just a conversation.
Did we do anything legally wrong? Are there any laws that we should know for the future regarding recording?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

New Jersey is a "one party consent state" meaning only one party to a conversation is needed to agree to a recording, so you did nothing wrong (under the NJ Wiretap Law) by having one board member decide to record a conversation that they were a party to.

See: http://www.dmlp.org/legal-guide/new-jersey/new-jersey-recording-law

Whether or not this is something you want to continue to do as part of your policies and procedures for your homeowner's association meetings may be another question.

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