Discussion Of Association Issues Over E-mail

Many Association Boards discuss various Association issues in the most convenient way possible, over e-mail. While this method of communication is readily accessible and easier than making a series of phone calls in which information must be relayed back and forth, a Board needs to be careful in what it includes in the e-mails it sends to other Board members, to its property manager, to its owners and to the Association’s attorney.

What needs to be remembered is that an e-mail, for legal purposes, is the same as a letter. It is discoverable. Which means that if the Association is ever in litigation, the opposing party can ask for copies of all e-mails. So it is important to know what you can and cannot discuss over e-mail.

It is never appropriate to discuss any pending litigation in an e-mail. If, for some reason, the e-mail is inadvertently forwarded to someone who is not supposed to see it, the privilege is lost. Any issue that should be discussed in executive session should not be discussed over e-mail.

If you e-mail a question to your attorney and are seeking a response via e-mail, treat the response in the same manner as you would a paper opinion letter. Any advice you receive from your attorney over e-mail should not be forwarded on to anyone. Do not “copy and paste” portions of that e-mail to respond to a unit owner. If the Association is not careful, it can inadvertently waive the attorney-client privilege.

E-mail is a form of communication which is easy use and therefore easy to abuse. Writing something while upset or irritated and sending it on without adequately thinking the situation through can be damaging. In these situations, especially with other Board members and unit owners, if you are going to communicate through e-mail, draft a response and save it for later review.
Do not be too hasty to send an e-mail that can come back to haunt you later. You must be careful not to make any defamatory comments and to not disclose any privileged information.

Always keep in mind that you are creating an electronic “paper” trail that can be traced.

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