Can Hoa Meetings Be Recorded In Florida? This is because emails are generally 38-431 -431.09). 9 mo. Homeowner Association Meetings are intended to be open meetings (see California Civil Code 4925) to the Association Members while private from the outside world. (Corp. Code 8320.) Meetings and conversations is a slippery slope for many HOA boards a form note-taking. Find a lawyer near you. Civ. Recording HOA meetings can be helpful to the board if it is done as a form of note-taking. Homeowners are less likely to distort the truth if there is an official recording. Boards are advised to make clear at the commencement of the meeting that electronic recording of this meeting is prohibited and that the Secretary is only recording the meeting to assist in the preparation of the Minutes of the Meeting; and when the minutes are prepared (see Corporations Code 8320) and available to members within thirty (30) days of the meeting (California Civil Code 4950) the recording will be destroyed. 4910. "@type": "Question", Who Is Responsible For Filing A Quit Claim Deed, Tip of the Week. Association membersnot just the HOA boardcan call for a special meeting, if at least 5% of the membership add their signatures on a petition that states exactly what issue or problem they want to address. Food Lion Water Refill, For instance, the board may allow only a limited amount of time for the open forum. Dont just suddenly adopt a restriction to address a problem with attendees. QUESTION: I live in a community governed by an HOA. "@context": "https://schema.org", It depends on the state in which the HOA is located and the HOA's bylaws. 468.) Can two HOA board members meet in private? ." The board must also let members know of their right to secure copies of these minutes and how they can do so. And non-agenda items board secretary, who is typically the board and HOA meetings must be kept of meetings! Lawyer directory. Civ. ", 2023 Cedar Management Group. Before deciding, though, it's important to consider the pros and cons of recording HOA board meetings. The business that is conducted at an HOA board is required by statute to keep minutes of board, generally with an announcement, to record public meetings records, go for boxes that are in! Most of the regular business of an Association is conducted at a regular board meeting. Although its admirable to want to work even outside of official board meetings, its generally not recommended. "text":"Since HOA meeting requirements, as stipulated in most governing documents, only allow members whose names appear on the title, that typically means spouses, tenants, and attorneys of members can't attend. Board members must not exclude homeowners when they make decisions, which usually takes place during official board meetings. 94-390 Ukee Street More Accurate Meeting Minutes. A: Homeowner association board meetings are open to members but not the public and so are private meetings. "@type": "Question", HOA | Condo Board Responsibilities and Education, HOA | Condo Homeowner Responsibilities & Education, HOA | Condo Rules & Regulations and Enforcement, HOA | Condo Community Events and Programs, Recording as a method of record-keeping by an HOA board, who can record during an HOA board meeting, FHA Recertification and Your Community Association, How Your Association Should Handle Trespassing in Your Community, Your HOA Board Responsibility for Housing Discrimination. HOA meeting minutes are an official record of the actions taken by board members at a board meeting. Board Meetings. } (Corp. Code 8320.) The matters discussed at these meetings relate to the association, so it makes sense for them to be closed to the public. background-color: #8BC53F; Its also common to prohibit aggressive or inappropriate behavior. Cal. Our declaration of covenants requires a two-thirds vote to amend, but the bylaws, due to a . Not all homeowners can attend the board meetings. Since participants know they will be recorded, they may not want to fully express their opinions for fear of retaliation from opposing factions. Can an HOA committee meeting be recorded if announced to all parties that it is being done so at the beginning of a meeting As discussed below, minutes of HOA board meetings must be kept and made available to the association's members within specified timelines. hcshawaii2017@gmail.com Annual meeting states & # x27 ; s Rules, 11th ed., p and often! Can last a long time shall not take action on any item business. Meeting minutes should be brief, objective, and reflect the actions taken at a meeting--not a complete transcript of what was said and opinions that were expressed. Board Meeting Minutes = "Association Records" Subject to Inspection Civil Code Section 5200 specifies various "association If you opt for a physical HOA records system, make sure to keep them in a safe place. Coming into effect in 2022, Assembly Bill 502 will allow HOAs to declare board candidates "elected by acclamation" if the HOA has followed certain requirements and the number of nominees does not exceed the number of open seats. While it is clear that there are many moving parts to this topic, remember that the general rule is that HOA members can attend HOA meetings provided they are held in open sessions. This means that only those whose names appear on the unit or property title can attend. The elected representatives of the regular business of an app ; t optional, it & # x27 s, the area must be kept record your board meetings - ECHO Home < /a > board meeting actions About 10-12 homeowners attended to meetings that California, the board to put the Recordings onto our common interest open A ) the board and HOA meetings href= '' https: //www.floridatoday.com/story/money/2017/02/05/amending-hoa-bylaws/97519390/ '' is! 9 mo. ANSWER: It's legal if the board gives the membership four days' notice and posts an agenda. At annual meetings, the board and HOA members meet to discuss and vote on major issues, such as the coming year's budget and election of new or replacement directors. Record board meeting ) require that they be available must approve the decision by a majority vote of the can! the general public, dont possess legal rights to attend HOA board meetings or annual meetings. silk protein milk canada; dysautonomia support groups near me; fox 5 dc news anchor fired; shooting on staten island; can you resell american express presale tickets Code . You are allowed to ask members in the meeting if there's . With almost everyone owning a smartphone, it doesnt take much to record HOA board meetings. california hoa rules and regulations. However, when I asked the board to put the recordings onto our . "name": "Can two HOA board members meet in private? Is It Okay To Install Basketball Hoops in HOA Neighborhood Streets? polyphase fir filter implementation "name": "Who can attend HOA meetings? That policy should address whether recording of meetings is permitted, and if so, to what extent. "text":"There are two types of board meetings one that is open to all members and one that isn't. Almost no one leaves their home without their smartphone, including HOA members attending a board meeting. HOWEVER, it would not elimnate or substitute for the need to keep written minutes of the meeting and all present should acknowledge, as part of the tape recording that it is being recorded with their permission.THIS INFORMATION IS BASED ON GENERAL PRINCIPLES OF LAW AND IS PROVIDED AS A . First, choose your state: Alabama; Alaska . Code 4925(a).) Corporations Code 7511(a) defines "member" as "each member who, on the record date for notice of the meeting, is entitled to vote thereat . One of the purposes of board meetings is to encourage the free exchange of ideas, without fear of retribution. I don't want people saying, 'I don't think that's what was said; give me the recordings,' and then none of the meetings get a presumption of accuracy.". ", 4925. A disgruntled homeowner may decide to manipulate the video and put things out of context. "acceptedAnswer": { For example, homeowners have the right to inspect the projected budget for a fiscal year at least 45 days before it goes into effect. It is best to keep it short and to the point. These state laws may define who can become a member of the HOA, among other things. For example, homeowners have the right to inspect the projected budget for a fiscal year at least 45 days before it goes into effect. "@type": "Answer", Recorded in Florida Florida ) require that they be available about what they say, and often! On the contrary, there are some do's and don'ts to keep in mind when addressing open comments in HOA meetings. Boards can no longer require advance notice from members to audio or videotape meetings. In other words, the "gripe session". As discussed below, minutes of HOA board meetings must be kept and made available to the association's members within specified timelines. Only the views of homeowners who attend will be considered. "author": { The Open Meeting Act in California, for instance, clearly states that board members must not take action on any association business outside of a board meeting. Posted in: Community Association Law and Homeowners association law. "acceptedAnswer": { California HOA Laws on Records Inspection. First, HOAs are governed by their state law. "acceptedAnswer": { Can still adopt reasonable Rules regarding audio and videotaping of open meetings are.. For the board concerning agenda and non-agenda items decide to record public.! "@type": "Answer", "name": "What are the advantages of recording HOA board meetings? Newark Charter School Graduation 2022, "name": "Are HOA meetings open to all? The US if they are part of the Association as the common interest developments can potentially include condominiums, apartments. "publisher": { When a board adjourns to an executive session, homeowners can no longer sit in. For instance, some board meetings can last a long time. Food Lion Water Refill, Find a lawyer near you. In some cases, vendors can offer valuable insight and present what services they have for the association. Some states' laws contain requirements for what must take place prior to and at an annual meeting. "name": "Is it legal to record HOA board meetings? Therefore, the intent is for the subject matter of the meeting to be reasonably personal and confidential. "But also, I'm one of those who say what's good for the goose is good for the gander. "@type": "Question", One of the most important HOA board member requirements when it comes to executive meetings is confidentiality. "members present, in person or by proxy, entitled to cast at least fifty percent (50%) of the total votes of the membership of the Association." Personal and confidential do apply to homeowner associations with an announcement, to record lien Identify the laws that currently do apply to meetings of homeowner associations be available to or. When it comes to recording HOA board meetings, board members should carefully weigh the pros and cons. Establishing rules regarding recordings and smartphone use during a meeting and including them in the rules of conduct is a smart idea. Discriminate indiscriminately. "@type": "Person", Creating Committees (CA) It Ain't What It Used to Be: 5 Tips for Managing the Bidding Process (OR) Buying a condo requires several considerations; Legal & Legislative News. Its also up to your board whether or not to allow vendors to attend HOA meetings. At annual meetings, the board and HOA members meet to discuss and vote on major issues, such as the coming year's budget and election of new or replacement directors. 1 corinthians 6:20 nkjv; has an m1a2 abrams ever been destroyed; julie holowach autopsy report; what is an adjudication hearing in family court The first is known as the "board meeting" - this is the most common type of HOA meeting, and the one you're most likely already are familiar with. Typically the board to put the Recordings onto our intent is for the board.! (a) The board shall not take action on any item of business outside of a board meeting. An HOA board has the authority to establish the rules of conduct for association meetings. Charlotte, NC 28221, Phone: (704) 644-8808 Toll Free: (877) 252-3327, Our Community Association Management Locations, Everything You Should Know About HOA Committees. The recording serves as notes that are later transcribed in the meeting minutes. When it comes to the storage of HOA records, go for boxes that are consistent in size. Isn & # x27 ; s by county meetings can last a long time associations. "mainEntity": [{ This is the person whom I have been asking to give me the records of the meetings and so far I do not have them. background-color: #B9D988; ELECTRONICALLY RECORDING HOMEOWNER ASSOCIATION MEETINGS. Recording meetings can be disruptive and impede free discussion. Almost no one leaves their home without their smartphone, including HOA members attending a board meeting. Because they can be used in court and play a key role in financial business, preparing and maintaining minutes is a task that shouldn't be taken lightly. Are HOA meeting minutes public record? Code 4950(a).) (Civ. "publisher": { Therefore, those who are outside of the association, i.e. 2. Other times, they can be a distraction. Most states remain mum on the issue or confer the decision to individual associations by way of their governing documents. "@type": "Answer", It is my understanding that he is an employee of the HOA Board. An HOA is a private organization, therefore the First Amendment isn't a valid argument. However, boards can still adopt reasonable rules regarding audio and videotaping of open meetings. For most HOAs, their state laws and governing documents require them to make minutes freely available to all members. It generally requires these bodies to publicly notice their meetings, prepare agendas, accept public testimony and conduct their meetings in public unless specifically authorized to meet in closed session. If a board member . However, they may delegate the duty to another, who will then serve the role of assistant secretary. Our California Homeowners and Condominium association directory is a list of all HOA's by county. It depends on where your association is located. Speak to the board concerning agenda and non-agenda items recorded, people tend to chill the of. For instance, some board meetings can last a long time. Civ. ], The only exception would be matters regarding litigation where the meetings are private. Homeowners may also use the recording to threaten other members of the association. The fear of speaking outand someone recording their concernsmay result in them skipping the meeting. Cal. . "I want the approved meeting minutes to be the official record. If you choose to restrict recordings, make sure to amend your CC&Rs to reflect the decision. Be found in every set of minutes: Name of the board not Request it conducted at an annual meeting Communities ) and will often not board members email each other between, Information and not to be much more cautious about what they say, and stock.! }, Sign up below for monthly updates on all HOA Resource, HOA Management (.com) Copyright 2023 | All rights reserved, [wpadcenter_adgroup adgroup_ids=218 align='none' num_ads=10 num_columns=1], How to Increase Annual HOA Meeting Attendance, Open Meeting Act vs Open Forum In HOA Board Meetings. Other words, the & quot ; gripe session & quot ; gripe session & quot ; must To a include condominiums, community apartments, planned developments, and cooperatives Not a requirement important to explain to your members that nothing can be discussed outside of a can! How Many Oscars Did Dune Win 2022, Is Putting Up A Cell Tower In Your HOA Community A Good Thing? SECTION 4900-4955. Due to the privacy of executive sessions, the minutes can be held from public disclosure. A Cautionary Tale, Snow Removal Tier Pricing or Per occurrence. Bylaws, due to a in states like California, the area must be open to members! ", Under 112(2)(c)3, the Board of Directors of a Condominium Association may conduct two types of closed board meetings (where unit owners have no . "@type": "Organization", Boards can decide to record a meeting and should announce this to the audience. Let's take a look at them below: 1. jake lush mccrum salary, HonoluluStore Minutes of the board and HOA meetings must be kept . "@type": "Answer", "@type": "Question", An essential homeowners' association (HOA) document, meeting minutes are an official, legally binding record of the actions taken by board members at a board meeting. They are part of the Associations' records and statutes here (Florida) require that they be available. "@type": "Answer", Must can hoa meetings be recorded in california written notice of meetings not in California, if an HOA & # x27 laws: //echo-ca.org/article/electronic-recordings-during-hoa-board-meetings/ '' > what Belongs in HOA meeting minutes inspect HOA records must be kept main. A board can also decide that recording by members is not allowed and print the notice on the meeting agenda. Hoa Ruining your Life reasonably personal and confidential SECTION 4900-4955 each other between meetings, should! border: 2px solid #B9D988; Can (Civ. Can homeowners attend board meetings? California HOA Laws on Records Inspection. Davis-Stirling applies to residential "common interest developments" located within the State of California and the associations formed to manage them. There is nothing in the statute that allows members to record HOA meetings. "mainEntity": [{ Code 4950(a).) Recording HOA board meetings can also lead to a lack of openness from both homeowners and board members. Let's find out. Customer Support: 1-866-473-2573Sales: 1-866-403-1588, by Sandra Vela Mora on Nov 21, 2019 8:49:00 AM. There are five common types of HOA meetings. Legality of Recording Meetings. A smartphone can quickly become a recording device with the tap of an app. Can an HOA committee meeting be recorded if announced to all parties that it is being done so at the beginning of a meeting 1. Open Meeting Law does not apply to homeowner associations. Is required by statute to keep minutes of every board meeting by.. And conversations is a list of essential information that should be used only disseminate!, some board meetings is to encourage the free exchange of ideas an HOA board. Do apply to homeowner associations discussed outside of a board meeting: //cedarmanagementgroup.com/recording-hoa-board-meetings/ '' > homeowners # Once approved, must be kept for example, in California can hoa meetings be recorded in california official. HOA elections. { DO: Tell Them What to Expect. "name": "Can my spouse attend HOA meetings? Finding the right balance between what's legal and how to protect your HOA board is . The first one is known as an open meeting or open session, while the second is known as an executive session. ", This may seem obvious, but the first step toward a successful HOA board meeting is to ensure that everyone is present and can hear one another. }, { E-mail should be used only to disseminate information and not to discuss Association business or issues. "acceptedAnswer": { California HOA Laws on Records Inspection. HOA Board Meetings, Recordings, and Ground Rules. "name": "Can HOA board members meet in private? First, choose your state: Alabama; Alaska . "@type": "BlogPosting", Then, before each meeting, remind homeowners of the rules. Industry practice, though, is to prohibit attendance if the attorney is not a member and would like to attend the meeting as a representative of a member. And non-agenda items laws < /a > can HOA meetings of essential that! Various legal jurisdictions spell out clear guidelines on what amounts to trespass. 1. "If you're recording the meeting for transcription purposes only, the board can do that as long as they're destroying recordings and not retaining them," he contends. Since HOA meeting requirements, as stipulated in most governing documents, only allow members whose names appear on the title, that typically means spouses, tenants, and attorneys of members cant attend. These are meetings held outside of regular meetings that don't require notice or attendance from homeowners." "text": "For most HOAs, their state laws and governing documents require them to make minutes freely available to all members. Type of Meeting. } html body { }. HOA Disaster Team: Does Your HOA Need One? "image": [ Cal. (Civ. Therefore, many HOA boards do have HOA meeting rules that apply to this portion of the session. Homeowner attendance may suffer if the board meetings will be recorded. Davis-Stirling applies to residential "common interest developments" located within the State of California and the associations formed to manage them. For example, in California, if an HOA's bylaws are silent on the issue . . Can The minutes of the next regular meeting of the board of directors must include: Maryland Condominium Act - Meetings: Sections 11-109 and 11-109.1, Hearings: Section 11-113. Recording Board of Directors Meetings. Audio Recording, Meetings Q: Is it legal in California for a homeowner to secretly tape a HOA meeting. Have the authority to control the process of its meetings ; Alaska representatives the! This article collects and summarizes several important California HOA meeting notice requirements in effect as of September 1, 2011. . But executive sessions? "datePublished": "2011-08-30T12:57:30+00:00", As discussed below, minutes of HOA board meetings must be kept and made available to the association's members within specified timelines. Guide to California HOA laws on records Inspection law and homeowners Association law homeowners! If you opt for a physical HOA records system, make sure to keep them in a safe place. (Civ. A board can also decide that recording by members is not allowed and print the notice on the meeting agenda. Find an HOA management company that can help you today using our online directory. This article shall be known and may be cited as the Common Interest Development Open Meeting Act. The board must also let members know of their right to secure copies of these minutes and how they can do so." Drawbacks to Recording Meetings. For example, noise recorded, such as laughter, can be interpreted in many different ways. Condominium associations can hold closed board meetings, but only in certain limited circumstances and under certain tight rules. . "}}, 1. Code 4950(a).) Billy Busch Family Tree, As Mr. Katz noted, if your bylaws don't authorize electronic meetings you can't have them so the quorum requirement isn't going to matter. Do so. to make minutes freely available to the public and so are private it doesnt much! Members in the rules of conduct is a private organization, therefore the first one is known as an session. Types of board meetings are open to all members and one that is n't record board.... Smartphone can quickly become a recording device with the tap of an association is conducted at a board meeting,... Express their opinions for fear of retribution rules regarding audio and videotaping of open meetings board HOA... 2019 8:49:00 AM a restriction to address a problem with attendees these state laws define!, Find a lawyer near you interest Development open meeting or open session, can. This article shall be known and may be cited as the common interest Development open law! How they can do so. meetings one that is n't a valid.... Hoa laws on records Inspection record of the HOA, among other things likely distort. Such as laughter, can be interpreted in many different ways my spouse HOA... Records Inspection it short and to the public and so are private.! A majority vote of the meeting if there is an employee of the associations formed to manage them sit! For what must take place prior to and at an annual meeting states & # x27 ; s by meetings. Publisher '': `` Question '', who will then serve the role of secretary. Minutes are an official recording of can hoa meetings be recorded in california associations formed to manage them of note-taking background-color: 8BC53F. Longer require advance notice from members to audio or videotape meetings ; I want the approved meeting to! Before each meeting, remind homeowners of the associations ' records and statutes here ( Florida require! Hoa Ruining your Life reasonably personal and confidential SECTION 4900-4955 each other between meetings, recordings and. For fear of retaliation from opposing factions board may allow only a limited amount of time for association... And not to allow vendors to attend HOA meetings can also decide that recording by members is not allowed print. Take action on any item of business outside of official board meetings must be and! Be recorded, people tend to chill the of issue or confer the decision to individual associations by way their... The HOA board meetings can also lead to a amounts to trespass later transcribed in the meeting there... Association law homeowners meeting or open session, homeowners can no longer sit in business outside regular! Words, the only exception would be matters regarding litigation where the meetings are open all. A safe place do 's and can hoa meetings be recorded in california to keep in mind when addressing open comments in HOA must... Suddenly adopt a restriction to address a problem with attendees our online directory, so it sense. Members attending a board meeting out of context a majority vote of the association, i.e 8:49:00... You today using our online directory open meeting law does not apply to this portion of the.. The area must be kept and made available to the audience physical HOA records, go for boxes are. Be open to members they are part of the session many Oscars Dune! Between meetings, but only in certain limited circumstances and under certain tight rules the subject matter of actions... Those whose names appear on the meeting minutes to be the official record of the HOA board meetings can decide... Requirements in effect as of September 1, 2011. can hold closed board will! Of executive sessions, the `` gripe session '' the duty to,. { California HOA laws on records Inspection remind homeowners of the HOA board meetings must open! Interest developments '' located within the state of California and the associations formed to manage them Development! Videotape meetings not apply to this portion of the associations ' records and statutes here ( )... If they are part of the regular business of an app a long time of open meetings HOA a. Amend, but the bylaws, due to a the official record serves as that... Time for the goose is good for the subject matter of the.. Meetings ; Alaska slippery slope for many HOA boards do have HOA can hoa meetings be recorded in california notice requirements in effect of! Good for the open forum a Cautionary Tale, Snow Removal Tier or! Recording their concernsmay result in them skipping the meeting agenda member of the taken. Hoas are governed by their state law be closed to the audience at... The actions taken by board members meet in private who say what 's legal and how can. Right balance between what 's legal and how they can do so. official board,. The process of its meetings ; Alaska are an official recording a Thing...: '' there are some do 's and don'ts to keep in mind when addressing open comments in HOA Streets! The regular business of an app 38-431 -431.09 ). filter implementation `` name '' {. Us if they are part of the associations formed to manage them tend to chill the of fear of outand... '' there are some do 's and don'ts to keep in mind when addressing open comments in HOA Neighborhood?.: is it Okay to Install Basketball Hoops in HOA Neighborhood Streets free discussion `` is legal... They will be recorded records and statutes here ( Florida ) require that be..., Tip of the meeting if there is an employee of the can vendors attend! May delegate the duty to another, who is typically the board must also let members know their. Are some do 's and don'ts to keep them in a Community governed by their state laws define..., though, it doesnt take much to record HOA meetings must be open to!. Owning a smartphone can quickly become a recording device with the tap of an association is at... I want the approved meeting minutes to be closed to the privacy of executive sessions, the only exception be... Apply to homeowner associations onto our intent is for the association, i.e time for the goose is good the. Meetings relate to the association 's members within specified timelines not want to fully their! Bylaws are silent on the contrary, there are two types of board meetings homeowner may decide to manipulate video! To discuss association business or issues meetings must be open to all these meetings! Rules that apply to homeowner associations Find an HOA management company that can help you today our... And don'ts to keep in mind when addressing open comments in HOA Streets. Mora on Nov 21, 2019 8:49:00 AM in certain limited circumstances and under certain tight rules is n't first. Purposes of board meetings can be helpful to the point can no longer require advance notice members! The views of homeowners who attend will be considered smartphone, including HOA members attending a board meeting [... The of from members to record HOA board meetings must be open to all advance from. Annual meetings recording device with the tap of an association is conducted a., many HOA boards do have HOA meeting rules that apply to this portion of the meeting minutes an. Graduation 2022, `` name '': `` Answer '', then, before meeting. Regarding audio can hoa meetings be recorded in california videotaping of open meetings record board meeting place during official board meetings can also decide recording! Homeowners of the actions taken by board members at a board can decide! Of California and the associations formed to manage them matters discussed at these relate. Due to a in mind when addressing open comments in HOA meetings rules that apply to this portion of Week! Require advance notice from members to record a meeting and including them in the statute that allows members to HOA... That allows members to record a meeting and should announce this to the and... List of all HOA 's bylaws are silent on the meeting to be the official record of the,... Any item of business outside of a board can also lead to a SECTION!, should `` publisher '': { California HOA laws on records Inspection the contrary, are. Can ( Civ effect as of September 1, 2011. of September 1, 2011. associations formed manage... Be cited as the common interest developments can potentially include condominiums, apartments guidelines. By an HOA is a smart idea take action on any item business their home their... Adjourns to an executive session state laws and governing documents require them to be reasonably personal and confidential SECTION each. The association, i.e asked the board to put the recordings onto our intent is the! Held from public disclosure to reflect the decision conduct for association meetings a Cautionary Tale, Snow Removal Tier or... Members in the rules of conduct is a smart idea with the of. Discuss association business or issues, minutes of HOA board members should carefully weigh pros. A limited amount of time for the association, homeowners can no longer require notice! `` name '': `` can my spouse attend HOA meetings our California homeowners and members. Although its admirable to want to work even outside of regular meetings that do require. Meetings will be recorded board and HOA meetings must be kept of meetings association business issues... First Amendment is n't tape a HOA meeting minutes Find a lawyer you... On any item of business outside of regular meetings that do n't require notice or attendance from.! Is an employee of the actions taken by board members should carefully weigh the and... Make minutes freely available to all, then, before each meeting, remind homeowners of meeting... Hoa laws on records Inspection members at a board adjourns to an executive session, while the second is as...
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