Email has become one of the most common forms of communication in business. It is so ingrained in our everyday lives that we rarely consider the implications of email communication. However, emails can be tricky for condo boards in several ways. First, emails can be saved, stored and forwarded. Once something is emailed, it cannot be taken back and the message can live on forever. Second, unlike in person or telephone communication, it is difficult to gauge a person’s tone or intention from written communication. An email can easily be read in a way that it was not intended to be when it was written.
For these reasons, board members should limit discussion on specific matters to executive sessions where they can legally talk in person and off the record. These matters include:
- Litigation
- Hiring/firing employees
- Rule violations
- Unit owner’s unpaid assessments
If email must be used for an association-related reason, email communication with the association attorney should be avoided from a work email address. Such emails may not be considered private and as a result could be subpoenaed via your employer for litigation evidence. A good way to avoid problems is to create email accounts specifically for association or board-related communications.
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