Recording a conversation between owners: is it allowed?

Recording a conversation you personally take part in, for example a talk with the manager or a neighbour, is generally lawful and the recording can be used as evidence in court, even without warning the other party. It is instead unlawful to secretly record a conversation between other people you are not taking part in, as it is to spread the recorded content to others when it is not needed to defend one's own right. The line between lawful and unlawful runs through participation and the purpose of the use.

The concrete case

An owner, fearing disputes, records on their phone the talk in which the manager promises an intervention, or the argument with a neighbour over an expense. In another scenario, they leave the recorder on to capture what two owners say in their absence, or post the audio in the building's group. The two situations have very different legal outcomes.

Recording a conversation you take part in

Someone who records a talk they are a party to does not commit a wrong merely by documenting words also addressed to them. Case law is settled that a recording of a conversation among people present, made by one of the participants, is usable as evidence. The other party's consent is not required: they know they are talking to someone and accept the risk that their words will be remembered or documented. The recording is part of the memory of the person who was present.

Recording between others: when it becomes unlawful

Capturing secretly a conversation between people without taking part in it, using devices left in a place or hidden microphones, is entirely different. Here there is no participation and the conduct may amount to unlawful interference in others' private life, with possible criminal consequences too. Installing devices to listen to what happens in common or private spaces, unknown to those present, also falls outside the lawful boundary.

• Lawful: recording a talk you take part in, to defend your own right
• Unlawful: secretly capturing conversations between others
• Unlawful: installing microphones to monitor others' or common spaces
• Delicate: spreading the audio to third parties beyond the defensive purpose

Use as evidence and limits on sharing

A lawful recording can be produced in a court case or a procedure, for instance to prove an agreement or a conduct. Spreading it beyond the protective purpose is another matter: posting it in a chat, showing it to other owners to discredit someone or putting it online is processing of personal data, often without a legal basis, and can harm privacy and reputation. Regulation (EU) 2016/679 and data protection rules require the use to be limited to the defensive purpose.

Recording the owners' meeting

A chapter of its own is recording the condominium meeting, which involves many people and their interventions. Even a participant cannot freely record and spread the debate: the authoritative act is the minutes, and a recording must be handled prudently, ideally authorised by the meeting and limited to minute-taking. Spreading the meeting's audio to outsiders or publishing it exposes the person to liability.

Practical advice for owners

• Record only talks you take part in, for a genuine evidentiary need
• Never install devices to capture others' conversations
• Use the recording in the proper forums, not to spread it in chats
• Keep the file securely and delete it when no longer needed

The manager's role

The manager should foster clear, documented communication, which reduces the temptation to resort to defensive recordings. Taking accurate meeting minutes, putting commitments in writing and keeping a record of communications makes recording talks unnecessary in most cases. If an owner asks to record the meeting, the manager can put the matter to the meeting itself and regulate its use.

Transparent, traceable management of communications and minutes is the best prevention of conflict. With AmministraPro the manager drafts and archives minutes, keeps a record of commitments made and communicates with owners in a documented way: the features are described on the /funzioni page and the plans on the /prezzi page.